GDPR Cookie Consent by SimpleServe Privacy Script Could this be done? - AAD Consumer Forum

Announcement

Collapse
No announcement yet.

Could this be done?

Collapse
X
Collapse
 
  • Page of 1
  • Filter
  • Time
  • Show
Clear All
new posts
Previous template Next
  • #1

    Could this be done?

    Ok I have my mischievous hat on today (after complaining to the OFT and TS about a DCA's conduct).

    I am thinking of starting billing/invoicing DCA's when they fail to respond to reasonable requests which them take 'considerable effort' on my part to then continue correspondance when they refuse these requests.

    When they (inevitably) refuse to pay the invoice I am considering finding a no-collection no fee DCA to then pursue the outstanding debt and hound and harrass the other DCA.

    ;Hmm

    Watch this space!

    SnV
    "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.
    Tags: administration, advice, bank, billing, cca, ccj, charges, chasing, claim, collection, compensation, costs, court, creditor, creditors, dca, dca's, debt, default, default notice, fee, fees, fredrickson, fun, guidelines, harassment, law, lenders, letter, limits, lowells, natwest, oft, overdraft, paid, pay, phone, sar
  • #2
    Re: Could this be done?

    Originally posted by SaltnVinegar
    Ok I have my mischievous hat on today (after complaining to the OFT and TS about a DCA's conduct).

    I am thinking of starting billing/invoicing DCA's when they fail to respond to reasonable requests which them take 'considerable effort' on my part to then continue correspondance when they refuse these requests.

    When they (inevitably) refuse to pay the invoice I am considering finding a no-collection no fee DCA to then pursue the outstanding debt and hound and harrass the other DCA.

    ;Hmm

    Watch this space!

    SnV
    Hiya

    I have done similar in the past and yes, so long as you write first and give them notice of intended charges you are legally entitled to claim them and then follow normal processes and issue default notice and then a ccj if necessary... so long as you issue legal terms to each creditor/dca - the most you can do is like £12 per letter or £5 per phone call.... stick to the basic principles of "fair use and time"...

    I used to charge DCA's that were chasing me (not my debt remember) £25 per letter and £100 per court claim plus costs and each time they paid lol..... once got over £300 from Lowells, they must have hated the fact I was like a day away from entering judgment against them for a collector to visit their workplace and remove goods to the value of my debt!

    I'll write a book one day, it would be funny cos some of the stunts I have pulled has pushed the law to the limits and shown lenders to be total 1 1
    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

    • #3
      Re: Could this be done?

      It would be easier for them to pay up rather than the word getting out that someone successfully took them to court for administrative charges.

      The floodgates would open.

      Comment

      • #4
        Re: Could this be done?

        Originally posted by Never-In-Doubt View Post
        Hiya

        I have done similar in the past and yes, so long as you write first and give them notice of intended charges you are legally entitled to claim them and then follow normal processes and issue default notice and then a ccj if necessary... so long as you issue legal terms to each creditor/dca - the most you can do is like £12 per letter or £5 per phone call.... stick to the basic principles of "fair use and time"...

        I used to charge DCA's that were chasing me (not my debt remember) £25 per letter and £100 per court claim plus costs and each time they paid lol..... once got over £300 from Lowells, they must have hated the fact I was like a day away from entering judgment against them for a collector to visit their workplace and remove goods to the value of my debt!

        I'll write a book one day, it would be funny cos some of the stunts I have pulled has pushed the law to the limits and shown lenders to be total 1 1
        Hi NiD,
        I’ve been helping a good friend with debt problems for a year now. Have more or less seen off all 8 creditors but now & then get the annoying DCA drivel popping through the post. Have no problem dealing with them but was thinking about going down the invoice route – just for a giggle!
        Was wondering if you could please advise on the wording of the Notice of intended charges – and the follow-up notices when they don’t pay. I’m prepared to take it all the way to small claims if necessary so want to get it right.
        Cheers.

        Comment

        • #5
          Re: Could this be done?

          Hi panther,

          To do this simply copy some random terms you have (wording) and change amounts to standard default sums and send a copy to each dca that writes, explaining your charges etc... You can only charge when they default on a response - remember that. ie you say "I look forward to your reply within 21 days, as per the attached terms of service (the terms would be your charges, ie £12 fee if no reply after 21 days resulting in a follow up letter)....

          Make sense?
          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

          • #6
            Re: Could this be done?

            Originally posted by Never-In-Doubt View Post
            Hi panther,

            To do this simply copy some random terms you have (wording) and change amounts to standard default sums and send a copy to each dca that writes, explaining your charges etc... You can only charge when they default on a response - remember that. ie you say "I look forward to your reply within 21 days, as per the attached terms of service (the terms would be your charges, ie £12 fee if no reply after 21 days resulting in a follow up letter)....

            Make sense?
            Cheers mate. I’ve got one running at the moment from a natwest overdraft which has been passed from DCA to DCA. After getting the bank to finally honour a SAR request it turns out that the amount of charges added to the account over the years comes to almost as much as the debt they say we owe. I’ve told them all to sod off and invited them to issue county court proceedings if they feel they have a case where a vigorous defence and counter-claim will be issued for the unlawful charges.

            It’s now been passed to Fredrickson who have just wrote again asking that we phone to discuss further. I’ve got a reply ready to send back but was thinking of adding that in future a charge will be made for my time in reading & responding to anymore of their inane drivel.

            Comment

            • #7
              Re: Could this be done?

              It can and has been done successfully. However a judge recently kindly gave the following advice:

              You would be better not to seek administration fees, but "compensation costing" for the DCA's intimidating you.

              Get the evidence that there is a valid dispute and that the bank / DCA is breaching the CCA/OFT guidelines on collection activity and then bang in a claim for harassment compensation.

              Comment

              Previous template Next
              Working...
              X