A question about : Dca harrassment over 6 years after bankruptcy
Hello
I went BR in March 2008 & was discharged in Aug 2008. One of my creds was Monument CC.
In March last yr the BR dropped off my CRA files & I now have a normal credit facilities Inc 0% CC & my file is now squeaky clean with loads of little green lights.
However, just before Christmas I recd a letter from Monument (I thought they no longer existed) saying I was entitled to a PPI refund & was bombarded with calls about this from a foreign call centre. I ignored all this as you can’t claim PPI after BR.
Last week I had a message on my answephone from a company called Creditlink A/C Recovery Solutions (C.A.R.S.) to ring them urgently. Again I ignored this as I thought it was a scam.
I have now recd a letter off C.A.R.S. saying I owe their client Jefferson Capital International over Ј8K. I rang CARS & it turns out this is the debt for Monument. I told them about my BR & that Monument where included. CARS say they have checked the Insolvency Reg & I am not on it. I told the idiot I won’t be as my entry fell off 3 months after discharge. I told him my dets where on The London Gazette & gave him the BR number, date, court dets etc & told them to ring Insolvency Service.
They said they can’t ring them, they have never heard of The London Gazette,& even if I had been BR this debt could not have been included. They said I would have to send them copies of everything or face legal action or a collection visit. I said I was under no legal obligation to do this & that they have broken the law contacting me & that anyway the debt is over 6 years old & no longer exists. I said if they want to take me to court fine I will just present my BR paperwork to the judge & counter sue them for harassment.
However, could they put something on my credit file & !!!! it up again. I did tell them I regularly monitor my files & would take action against them if they did this. I was thinking of e-mailing them a link to my entry on the Gazette& should I contact the Insolvency Service about this. Why should i go to the expense of sending these scumbags my info.
Anyone else had this & who licences DCAs.
Obviously i don't made if they do take me to court because it will cost them money & as far as i can see it they can't win.
Thanks
Best answers:
- Possible bases for letter or email here --> https://forums.moneysavingexpert.com/...13&postcount=1
In the end though, as you say you could defend any court action with a cast iron case.
If they try to mark your credit file, which they should not be able to do in any legitimate way, you would take them to the ICO and FOS. - As Fermi says...but do not ignore any letters from Court...especially Northampton Court.
They can actually lodge a Claim against you online now...and the above Court is the one that deals with online Claims.
You can respond online too...however, you can allow the case to be heard....and can chose a Court local to you.
As above, you have the ultimate defense...but if you chose a face-to-face session, don't forget to make a full and proper counter-claim, for time, aggro, pain, distress, harassment, 'loss-of-earnings'', child minding, granny-sitting, whatever etc.
Make them pay!
Also, keep an eye on your credit records.....if anything turns up, go straight to the organisations Fermi mentions.....give the DCA absolutely no leeway whatsoever.
That will make them pay again [FOS charges them circa Ј500 automatically, following your complaint. Am I right, Fermi?] - I would beware of counter claiming in court without taking legal advice first.
Quote: - I agree with Fermi.
I would respond with an immediate e-mailed complaint to admin@carsuk.org.
Fermi's template will work, I think except that I would add:
"You are now required to address this matter in accordance with the DISP rules of your regulator the Financial Conduct Authority. Any further attempt to demand monies from me in respect of this matter will be deemed to be a rejection of my complaint and immediately referred to the Financial Ombudsman Service".
Keep a copy of the complaint as you may need to forward it to FOS. - You can also send/e-mail a copy of the DCA letter to the OR and they will send the required info to the DCA.
- A counter claim is something more AFAIK, incurs a fee from you, and opens you to the risk of having to pay their costs in defending that if it fails. You can ask the courts to order the claimant to pay your costs without that.
- As they have not yet issued proceedings I would suggest that a complaint by e-mail makes more sense. It immediately puts the matter into a formal dispute. If they then issue proceedings, not only the court but the FCA will take a dim view - possibly even suspending the DCA's permissions. The OP can also make a complaint against the original credit card provider if they wish.
- Can I add a very simple addition?
Don't have any more dealings with them on the phone. You might need a written paper trail. - Thanks everyone
I contacted the Insolvency Service they where adamant i have no legal obligation to contact the DCA & advised me to contact the O/R who dealt with my case (they gave me the phone number). They have also e-mailed me a copy of my discharge letter (i was missing that).
I then contacted the O/R who said the DCA are prob "trying it on" & they would be breaking the law if they put any adverse info on my CRA files. Also if they took me to court it would cost them money as they would lose & would be prob repremanded by the court. They took the DCA address & are sending out copies of BR dets an instruction to update their files & inform the other parties to update as well & a warning to cease any other action.
I have e-mailed the DCA telling them this & informing them thet are breaking the law. I also sent an attachment of my discharge letter & a link to my entry in The London Gazette. However, i must admit i quite fancy a day in court to humiliate them & cost them money. If it gets that far i can get legal advice off my TU about counter-suing them.
Thanks
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