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DCA Legal Requirements


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Hi,

 

I have a friend who has just fallen foul of a DCA. She was contacted by a company claiming to be representing a creditor she owes £15 to. She disputes this debt exists.

 

She received a Final Notice issued by DCA which was very vague. It didn't mention anywhere on the letter the name of the company they were acting on behalf of, or even what the debt was for, just a total + an admin fee. The DCA isn't a registered company, is operating out of a PO Box, its number is ex-directory, and the letter was signed by a person mentioning no position in the company just giving a surname and initial.

 

Being naive and working in an FSA regulated job. I thought this can't be legal, especially not mentioning what the debt was for and the company they were collecting on behalf of. So I advised my friend to write back requesting information. Along the lines of who they were, a legal address, there relationship to the company they are acting for and legitimate registered company name.

 

Today she received another letter from them, this time a Notification of Summons Application. The letter had a different unregistered company name from the same Po Box, and new total with even larger admin fees. It was signed by a person mentioning, first name, surname and position, but still no mention of the relationship to the company they are representing nor mention of that company itself.

 

Surely somewhere a DCA is required legally to mention who they are actually representing? Write on the letter what the debt is for, not just a 'YOU OWE' followed by a number with no explanation of what for? And supply a legitimate company name and address?

 

When we go court surely I can inform the judge I don't believe a legitimate Final Notice was served before the Notification of Summons?

 

Does this misrepresentation by the DCA count as criminal fraud?

Do DCA have to register with any professional body or obtain a CLL or anything to trade?

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