What if a DCA deny my payments.

[Thinksalot]

Hello all.

I am & have been paying Moorcroft £10 a month ( as agreed) for a 9K debt with Lloyds TSB.

(PS I know the amount is paltry but it WILL be paid in full once all our loans with Lloyds TSB have been paid off at £400 a month).

Then Lloyds passed the account on to 2 or 3 other DCA's, all of which dropped it whan I said the account was in dispute.

Lloyds have been sent copies of my agreement with Moorcroft & have the proof in my bank statements that I have been paying as agreed.

I now have reason to believe another company ( first choice solutions) have got involved. The wrote to my heavily pregnant daughter about this debt at her boyfirnds parents house in a town 50 miles away. I have never even been there.

I wrote to moorcroft months ago asking for a statement of all I had paid over the last 18 months or so & I have heard NOTHING.

Lloyds are under the impression ( I paid the £10 thingy & got all my credit card stuff from them) that I have only made 1 payment of £10 (Try 20), I paid £1 on the 27th August 2012. I did not, I have had a door step visit, I have not......

So I am about to sent the £1 to Moorcroft for a statement & information etc.

What I am enquiring about is, What happens if Moorcroft lie ? What if the deny I have made any payments ? They have never told me to stop the payments.

They sent me a letter asking how I found the door stop collection service. I never had a door stop collection. ( I pay by SO on the 1st of each month). Can I ask for the name of the collector, date & time ?

Then once I have proof that they have been taking my money & keeping it from Lloyds, making false claims about the collections, not to mention the added expense and stress of dealing with multiple other DCA's over the same debt, how do I castrate them ? Report to OFT etc. FOS ?

Should I put all this in my letter to them that unless they can prove who visited & when & prove that £10 a month has NOT been leaving my account & being paid into theirs each month and prove that I did make a payment of £1 in August, I will be reporting them any way.

Sure I owe the money & I am not trying to get out of it, but surely if Lloyds employed a 3rd party collection agency, that agency has a duty to pass on payments?

Thanks in Advance

Thinksalot

[FlamingParrot]

Re: What if a DCA deny my payments.

I'm sorry I wasn't around to reply earlier.

The £1 you refer to is the fee for a CCA request, i.e. a copy of your agreement and, hopefully, a statement of account. That's mostly intended to see whether the account is enforceable or not. If they cannot comply, you could decide to stop payments.

If you want to know what's been happening with your account, you could send a SAR which is a request for all data held about you. It'll cost you £10 and they have 40 days to comply.

Dear Sirs

Ref: xxxxxxxx

Subject Access Request - S.7 Data Protection Act 1998

Under the Data Protection Act 1984 and 1998, and including the right of subject access under these acts, I hereby request that you supply me with any and all historical data in your possession which, in any way appertains to me, including (but not exhaustively) a copy of the original signed executed agreement; statements of account; duplicate statements and/or printouts of all account transactions; all internal and external correspondence sent or received by you including memos, logs, notes, screen prints and transcripts; notes of manual interventions such as telephone attendants' notes, copies of stored telephone conversations, internal and external emails; any other information held on all types of media in any relevant filing system. If you have disclosed any information to a third party (with or without my express permission), will you please include details of this in your reply, along with notes of any legal action passed or pending (to include a true copy of default notices, court orders and the like).

If you store any of the older records on microfiche, please be aware that the Information Commissioner deems this to be a relevant filing system under the Act. As such, any microfiche data must be sent to me in fully legible and comprehensible form.

Where any information that you provide includes any charges, for example returned payments, late payment fees, and so forth, would you please advise your breakdown of actual costs (liquidated damages) incurred for each charge, and the Term or Condition on which you rely upon to claim such a charge. I also require that you forward, within the above mentioned time scale, a true copy of the Terms and Conditions that were in force at the time my account was opened, and any subsequent amendments to those Terms and Conditions.

Additionally, where there has been any event in my account history over this period which has required manual intervention by any member of your staff, or any other person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to my business with you. If you are unable to supply this data because there has been no such manual intervention, then please be so kind as to confirm this in your response.

I enclose the statutory maximum fee of £10.00 to access ALL data held by you about myself. You have 40 days in which to comply with this request.

Yours faithfully,

---

[FlamingParrot]

Re: What if a DCA deny my payments.

You should also send them a CCA request as below, with a £1 PO. Sign using a computer font rather than your actual signature. They have 14 days to comply or the account becomes unenforceable until they do comply. :thumb:

Dear Sirs,

Account or Reference No.:

I hereby formally request a copy of my Consumer Credit Agreement, pursuant to s.77-79 of the Consumer Credit Act 1974 (CCA1974).I require you to provide me with a true copy, or reconstituted copy of the credit agreement relating to any account you deem to be mine, together with any other documentation the Act requires you to provide. I expect you to comply fully and properly with this request, within the statutory time limit (12 + 2 days).

If it is your view that you are not the creditor, s.175 of the CCA1974 applies in the case of a simple assignment, and places a duty upon you to pass this request to the creditor. In the case of an absolute assignment, you are a creditor as defined by s.189. If you contend that you purchased the rights but not the duties of any agreement, you are reminded that s.189 of the Act is clear that an assignment is of both rights and duties. Your attention is drawn to ss.5(2), 3(b), 6 and 7 of the Consumer Protection from Unfair Trading Regulations 2008 (CPUTR).

In line with recent OFT Guidance (issued Oct 2010) surrounding Unenforceability, I presume you're aware that the OFT has stipulated that 'sections 77-79 of the Consumer Credit Act 1974 outline the information creditors must provide to debtors under fixed-term, running account & Hire Agreements'. This simply means that under these sections a debtor can pay £1 to get:

• a copy of their agreement
• copies of some of the other documents mentioned in their agreement
• a statement of account

If this information is not provided within 12 working days the debt becomes unenforceable. This means a creditor cannot:

• make the debtor pay the debt before they're supposed to
• get a court judgment against the debtor

So, in line with the OFT Guidance, and the Consumer Credit Act, please find attached my £1 payment, which is the statutory fee - note that these funds are not to be used for any other purpose.

Yours faithfully,