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  • #61
    Re: DCA Threatening Court Action in 7 days - Advice Please

    WOW! This arrived in the post today and is a bit of a blast from the past! So having heard nothing for almost 4 years were are sent a letter that is almost identical to the initial letter they sent back then!

    For those whose memories can't stretch back that far, or just weren't on AAD back in 2010, this is a one man and his wife operation, who refused to accept written correspondence sent by recorded delivery (the letters of which I have kept just in case!) about a VERY disputed and alleged account.

    However looks like they now have staff on the payroll (Mr Debt Recovery Supernumerary!), though they've learned nothing about how they should format their letters.

    So, hello again Clive

    Or maybe it'll be Phil reading the thread this time!


    Click image for larger version Name: TCM LBA.jpg Views: 1 Size: 119.5 KB ID: 1400616
    "I fear all we have done is to awaken a sleeping giant and fill him with a terrible resolve."

    The consumer is that sleeping giant.!!


    I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

    If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

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    • #62
      Re: DCA Threatening Court Action in 7 days - Advice Please

      Any thoughts on the best response to this - other than F.O. ?
      "I fear all we have done is to awaken a sleeping giant and fill him with a terrible resolve."

      The consumer is that sleeping giant.!!


      I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

      If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

      Comment

      • #63
        Re: DCA Threatening Court Action in 7 days - Advice Please

        Hold fire mate. I'll check soon.
        I'm the forum administrator and I look after the theme & features, our volunteers & users and also look after any complaints or Data Protection queries that pass through the forum or main website. I am extremely busy so if you do contact me or need a reply to a forum post then use the email or PM features offered because I do miss things and get tied up for days at a time!

        If you spot any spammers, AE's, abusive or libellous posts or anything else that just doesn't feel right then please report them to me as soon as you spot them at: webmaster@all-about-debt.co.uk

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        • #64
          Re: DCA Threatening Court Action in 7 days - Advice Please

          Well to be honest the ombudsman won't get involved so you're best sending a cca to them and see how they cope. Why not? Could be funny
          I'm the forum administrator and I look after the theme & features, our volunteers & users and also look after any complaints or Data Protection queries that pass through the forum or main website. I am extremely busy so if you do contact me or need a reply to a forum post then use the email or PM features offered because I do miss things and get tied up for days at a time!

          If you spot any spammers, AE's, abusive or libellous posts or anything else that just doesn't feel right then please report them to me as soon as you spot them at: webmaster@all-about-debt.co.uk

          Comment

          • #65
            Re: DCA Threatening Court Action in 7 days - Advice Please

            Originally posted by Never-In-Doubt View Post
            Well to be honest the ombudsman won't get involved so you're best sending a cca to them and see how they cope. Why not? Could be funny


            Yes that could confuse them! Thats if they don't refuse to take a letter from the postman!
            "I fear all we have done is to awaken a sleeping giant and fill him with a terrible resolve."

            The consumer is that sleeping giant.!!


            I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

            If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

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            • #66
              Re: DCA Threatening Court Action in 7 days - Advice Please

              Getting close to falling foul of FCA rules with that.

              A firm must not suggest or state that it will commence proceedings for a warrant of execution or an attachment of earnings order when a court judgment has not been obtained, or that it will take any other enforcement action before it is possible to know whether such action will be permissible.
              I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

              If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

              Comment

              • #67
                Re: DCA Threatening Court Action in 7 days - Advice Please

                Originally posted by SaltnVinegar View Post
                [ATTACH=CONFIG]12391[/ATTACH]
                If...

                Comment

                • #68
                  Re: DCA Threatening Court Action in 7 days - Advice Please

                  Which is why I said 'close'.

                  The tone of the letter and that part about 'no further notice' and 'we will' is designed to make people misinterpret it as they 'will' take legal action and then do those things.

                  I'm sure the FCA would let them off on that, but the cynical intent is clear.
                  I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

                  If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

                  Comment

                  • #69
                    Re: DCA Threatening Court Action in 7 days - Advice Please

                    Originally posted by Riz View Post
                    Which is why I said 'close'.

                    The tone of the letter and that part about 'no further notice' and 'we will' is designed to make people misinterpret it as they 'will' take legal action and then do those things.
                    It's worse than that as,if they don't own the alleged debt and they are not a firm of solicitors, how the buggery can they issue a claim in the County Court?

                    I'm sure the FCA would let them off on that, but the cynical intent is clear.
                    I'm not even sure that Total Credit Mismanagement has even heard of the FCA.

                    Their website (http://totalcreditmanagement.co.uk/) does not suggest that they have interim registration:

                    Click image for larger version Name: tcm.jpg Views: 1 Size: 29.7 KB ID: 1400638

                    Comment

                    • #70
                      Re: DCA Threatening Court Action in 7 days - Advice Please

                      Needless to say, if it is to be considered as a Letter Before Action, it falls lamentably short of the details required by the Civil Procedure Rules.

                      Comment

                      • #71
                        Re: DCA Threatening Court Action in 7 days - Advice Please

                        Click image for larger version Name: 6277f001.png Views: 1 Size: 41.2 KB ID: 1400640
                        I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

                        If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

                        Comment

                        • #72
                          Re: DCA Threatening Court Action in 7 days - Advice Please

                          Originally posted by SaltnVinegar View Post
                          Hmmmm could it really be they don't want their correspondence in the public domain out of concern for my debt or because they don't want their business practices to fall under the spot light?
                          Probably terrified that the vet might see the mess they're making of the alleged account, which could have him facing charges of unprofessional conduct.

                          If they had been reasonable and provided a bill or invoice as requested (as I genuinely have never received one) I wouldn't have felt the need to post in the first place!
                          Quite.

                          Please forgive me if these data have been stated further down this thread, but I'd like to know:
                          1. Did you take a pregnant cat to a vet?
                          2. Was she a cat for whom you cared or was she just a stray you'd found?
                          3. Was a C-section done on her and, if it was, why was that done?
                          4. Did the vet tell you of the likely cost before you left the moggy with them?


                          Originally posted by SaltnVinegar View Post
                          Just got off the phone from talking to Trading Standards who I quote 'Sounds like a scam. A legitimate business would provide their postal address'.

                          They also agreed initial letter is a breach of OFT guidelines. So an official complaint has been raised with them also.
                          And you'll soon raise another complaint?

                          Comment

                          • #73
                            Re: DCA Threatening Court Action in 7 days - Advice Please

                            Originally posted by Riz View Post
                            Which is why I said 'close'.

                            The tone of the letter and that part about 'no further notice' and 'we will' is designed to make people misinterpret it as they 'will' take legal action and then do those things.

                            I'm sure the FCA would let them off on that, but the cynical intent is clear.
                            Thanks Riz - it is definitely cynical but that seems to be their modus operandi

                            Originally posted by CleverClogs View Post
                            It's worse than that as,if they don't own the alleged debt and they are not a firm of solicitors, how the buggery can they issue a claim in the County Court?
                            Originally posted by CleverClogs View Post
                            Needless to say, if it is to be considered as a Letter Before Action, it falls lamentably short of the details required by the Civil Procedure Rules.
                            Yes I was thinking the same thing - 7 days for example?!
                            "I fear all we have done is to awaken a sleeping giant and fill him with a terrible resolve."

                            The consumer is that sleeping giant.!!


                            I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

                            If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

                            Comment

                            • #74
                              Re: DCA Threatening Court Action in 7 days - Advice Please

                              Originally posted by SaltnVinegar View Post
                              Yes that could confuse them! That's if they don't refuse to take a letter from the postman!
                              Well, don't overprint the envelope saying it's from the local clap clinic.

                              Comment

                              • #75
                                Re: DCA Threatening Court Action in 7 days - Advice Please

                                Originally posted by SaltnVinegar View Post
                                WOW! This arrived in the post today and is a bit of a blast from the past! So, having heard nothing for almost 4 years, we are sent a letter that is almost identical to the initial letter they sent back then!
                                How long ago was the alleged debt supposedly incurred?

                                Comment

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