DCA Threatening Court Action in 7 days - Advice Please

[SaltnVinegar]

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

How long ago was the alleged debt supposedly incurred?

No idea Cloggy - that was one item of information (among many), that they failed to provide. I'm thinking of sending a 'prove it' letter again and see what garbage they come up with.

[CleverClogs (RIP)]

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

Re Clive's petulant refusal to supply the postal address of his company:

WTF planet is this guy living on?

Ferengi Prime?

[Riz]

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

No idea Cloggy - that was one item of information (among many), that they failed to provide. I'm thinking of sending a 'prove it' letter again and see what garbage they come up with.

Or really give him a coronary by adapting...

http://forums.all-about-debt.co.uk/s...-action-letter

CCA stuff doesn't apply, but principle is the same?

[SaltnVinegar]

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

Well, don't overprint the envelope saying it's from the local clap clinic.

I would have thought that would have made them more inclined to accept it

[CleverClogs (RIP)]

Re: Now DCA is refusing to sign for my letters!

My letter, which was sent recorded delivery, has been refused to be signed for by the DCA!!

If he tries that silly trick again, remember - Recorded Delivery and Special Delivery are useful for proving when a letter was delivered, but if one just obtains a Certificate of Posting at the time one sends a letter by First Class mail, it is legally deemed to have been delivered on or before two working days hence.

[SaltnVinegar]

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

Or really give him a coronary by adapting...

http://forums.all-about-debt.co.uk/s...-action-letter

CCA stuff doesn't apply, but principle is the same?

Hi Riz - yes I was thinking of using that. Refusing to accept my correspondence also shoots themselves in the foot from pre-action protocol perspective also.

[CleverClogs (RIP)]

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

However looks like they now have staff on the payroll (Mr Debt Recovery Supernumerary!)

If one has read The Man With The Golden Gun, by Ian Fleming, one may recall that Scaramanga (the villain) had a supernumerary (link) mammary gland or, in common parlance, he had one tit too many.

Dare one ask if that company is much the same?

[Dickie]

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

No idea Cloggy - that was one item of information (among many), that they failed to provide. I'm thinking of sending a 'prove it' letter again and see what garbage they come up with.

Hello Salt n Vinegar
In a post a long time ago you said you were waiting for bank statements from the period on the invoice so do you not have any idea when this was from. Does statute barring apply to bills as well as credit?

[CleverClogs (RIP)]

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

Does statute barring apply to bills as well as credit?

Section 5 of the Limitation Act 1980 (link) spplies to all English and Welsh debts based n a simple contract (that is, not a mortgage) and the Limitation (Northern Ireland) Order 1989 (link) does the same for Ulster, time barring claims where there has been neither any payment towards the debt or acknowledgement made of the same for a period of six years.

In Scotland, the limitation period is set by the Prescription and Limitation (Scotland) Act) 1973 - section six (link) and schedule 1 (link) - and schedule 2 (link) for the provision of services - whereby any obligation to repay a debt of which there has been neither payment towards nor written acknowledgement thereof in the preceding five years is extinguished.