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Joshua
Joshua, Lawyer
Category: Bankruptcy Law
Satisfied Customers: 27102
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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I have received a letter from a UK based DCA that they have

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Hi - I have received a letter from a UK based DCA that they have been instructed by a Bahrain based bank to recover credit card debt. I am no longer a resident in Bahrain and have returned to the UK last year, I had informed the bank on a number of occasions that the credit card transactions were all fraudulent and provided supporting evidence to that effect. Their last communication, several months ago, was that the matter was under investigation. I did not receive anything in the way of resolution not a ‘deadlock letter’ as required under the FCA / FOS standards for example. Does the DCA, acting on behalf of the bank, have legal standing in this matter?
JA: Where are you? It matters because laws vary by location.
Customer: In the UK
JA: What steps have you taken so far?
Customer: Nothing legally in the UK.
JA: Anything else you want the lawyer to know before I connect you?
Customer: No
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Nicola

Hello and thank you for your question. I will be very pleased to assist you. I'm a practising lawyer in England with over 15 years experience.

I am sorry to read of the above. May I ask briefly what evidence you have that the transactions were fraudulent?

Customer: replied 9 days ago.
The transactions were physically conducted in the USA, and as requested by the bank I provided each page of my passport to show that I was not there at the time

Many thanks. The debt collection agency is just a company with no more rights or powers than you or I. They simply condact debtors on behalf of their client. They cannot take you to court or do anything more than call you or knock at your door. DCAs have strick codes which they have to abide by.

Regarding the debt collection, you can consider writing to the company involved referring to our previous contacts with their client and that you have provided them with proof that the transactions which are being claimed are fraudulent and that you have not heard anything further from them and you deny any indebtedness to their client and if their client wishes to take the matter further you ask that they supply evidence to rebut the evidence you have supplied them. In the meantime you can ask the DCA to cease and desist further communcations unless it is to notify you that they are issuing court proceedings. There is a great deal of legislation that can protect you which I suggest you refer to as follows:

Section 40 - Administration of Justice Act 1970.

The Consumer Protection from Unfair Trading Regulations 2008.

Section 4A - Public Order Act 1986.

Section 1 & 2 - Malicious Communications Act 1988.

The Protection from Harassment Act 1997 - section 1 can be applied to creditors harassing debtors whereby a person is guilty of this offence if they pursue a course of conduct that they know or ought to know amounts to harassment of another. You would need to prove their conduct on more than one occasion.

If they ignore you, you can advise them that you will otherwise consider a report to the Financial Ombudsman Service as to their conduct with a view to reviewing their licence and to seek compensation and also reserve your rights to seek civil injunctions and costs against them.

You should not need to do any of this. The above should be sufficient to get them to back off. If they don't you can proceed as above.

Does the above answer all your questions? If it does, I should be very grateful if you would kindly take a moment to rate my service by selecting the 5 stars at the top of the screen before you leave JA today. Your feedback is important to me. If there is anything else I can help with please reply back to me though

Joshua, Lawyer
Category: Bankruptcy Law
Satisfied Customers: 27102
Experience: LL.B (Hons), Higher Prof. Dip. Law & Practice
Joshua and other Bankruptcy Law Specialists are ready to help you
Customer: replied 9 days ago.
Hi Joshua - Thank you for such a comprehensive and erudite response. Much appreciated

I'm glad the above is of some assistance. Best wishes