DCA Heavy Handed Tactics

[billypre]

Re: DCA Heavy Handed Tactics

Congrats Mazda man !!! The little guy wins again.

As we say in Scotland

GIRUY

[MustGetStraigh]

Re: DCA Heavy Handed Tactics

What a marvellous result! As you say, serves them right.
Hope that means you and GF can relax now!
Another chance to use the (how I love that smiley)

[jadex]

Re: DCA Heavy Handed Tactics

I used to pay them via DD and of course stopped it at the start of this recent episode. They've sent a letter today talking about re-instating that DD payment on a certain date in December.

Now I'd imagine the answer is no, but there is no way they can re-ignite a DD payment from their end is there, which I stopped by deleting it from internet banking?

be sure though it was a DD i.e. you have given them sort code and account number rather than recurring payment from debit card (i.e. they are in a posession of card details) as the latter one is controlled their side

[NWMazda]

Re: DCA Heavy Handed Tactics

It was definitely DD

On closer inspection of their letter, what they've done is send out the original payment form, as it has a DD start date on of 10th December 2006. I've checked back and yes, this was the first date I started paying them.

It has no bank details on it, it looks like they're clutching at straws and making an attempt to get something out of this situation.!!!

I'll treat myself to using three smileys for this situation, in their honour.

For being greedy and ending up with nothing: nah

To everyone in the forum for their support:

And to the debt:

Woo!!

[Wishfull]

Re: DCA Heavy Handed Tactics

hi nwmazda and well done,wish mi fight was that easy,lol just gonna mention one thing and hope i am right here if not will take the rollocking from niddy like a man lol,but when niddy says do nothing and ignore please do because my understanding is that if they ever do find the cca then you are back to square one,but you have the statuate barred clock ticking now and if you respond to anything they send you it might set the sb clock back

[Never-In-Doubt]

Re: DCA Heavy Handed Tactics

Hiya

Ok, just ignore them now. As previously stated, they will try anything now - you need to learn to forget them and move on, but keep that bloody letter safe lol.

Wishfull is correct, however sending a query letter does not affect the SB clock - payment negotiation *can* do so be careful, or just ignore - its not hard to ignore someone, is it?

Oh, have a manly 'wet' kiss back (from uncle Niddy) ;K6

[alwaysskint]

Re: DCA Heavy Handed Tactics

Well done NWMazda!

Have just read this thread from start to finish, and if it's ok with you for me to hijack it a little to ask a question:
As there were payments made after the default date, why has this not been 'an admission of debt', allowing the debt to remain?

If my understanding is correct, and I admit I'm a panicker and not very clued up with these things, once a payment is/has been made regularly to a collection agency the debt is enforceable...
Reading this thread, if payments have been made to a collection agency after the debt was originally defaulted, once the 6 yr default deadline has passed, all payments can be stopped, and cca can be applied for. Is this correct?

[Never-In-Doubt]

Re: DCA Heavy Handed Tactics

As there were payments made after the default date, why has this not been 'an admission of debt', allowing the debt to remain?

Doesn't work like that, at no point do you ever dispute the existence of a debt, you simply dispute the actual way it was sold to you - ie did you really know (clearly) about the rate, the limit, the repayments? THEN did you really get them pointed out to you on a single page, with a segment in each corner - shown the cancellation notice then sign after the salesman signed?

I think not - lol. Therefore you have a right to query the enforceability of it, using the CCA1974.

If my understanding is correct, and I admit I'm a panicker and not very clued up with these things, once a payment is/has been made regularly to a collection agency the debt is enforceable...

No, it only becomes enforceable if the lender/dca can provide an original signed agreement containing prescribed terms.

Reading this thread, if payments have been made to a collection agency after the debt was originally defaulted, once the 6 yr default deadline has passed, all payments can be stopped, and cca can be applied for. Is this correct?

No, this is totally wrong and you're confusing various advice here.

Unenforceability is one thing (there was no agreement so it is unenfoceable)
Statute Barred is another (after 6yrs since last payment, the account will become statute barred)
6yr default drop off date is another (after 6yrs of default date, the default & account itself will drop off the credit files for ever whether it is paid in full, owing in full or semi outstanding)

All 3 are linked in this case.

Does the above help/make sense? It may be easier to start a new thread and tell your story then we'll be able to offer specific advice/help. gh

Niddy

[alwaysskint]

Re: DCA Heavy Handed Tactics

Thanks Niddy
I think a new thread is required lol ;-)

[Never-In-Doubt]

Re: DCA Heavy Handed Tactics

Thanks Niddy
I think a new thread is required lol ;-)

Me too.... :what

Give it a bash and see how you get on... nah

[NWMazda]

Re: DCA Heavy Handed Tactics

Looking for some extra advice on this one please, the saga continues!!

Have been getting regular phone called from the DCA but ignoring them. Today got a letter from a solicitors on their behalf saying I have 7 days to get in touch to arrange full payment or a payment agreement otherwise they may commence legal action.

After admitting they have no legal ground, why bother with this sort of thing?

Is there any way I can now basically tell them to go and whistle and get off my back?

Cheers!
Steve

[Never-In-Doubt]

Re: DCA Heavy Handed Tactics

Looking for some extra advice on this one please, the saga continues!!

Have been getting regular phone called from the DCA but ignoring them. Today got a letter from a solicitors on their behalf saying I have 7 days to get in touch to arrange full payment or a payment agreement otherwise they may commence legal action.

After admitting they have no legal ground, why bother with this sort of thing?

Is there any way I can now basically tell them to go and whistle and get off my back?

Cheers!
Steve

Hiya, what does the letter say that you had (about having no legal ground) - if it's a standard "we cannot find agreement" letter then you'd simply photocopy it, highlight the relevant sentence and send it with this: ---> viewtopic.php?p=20195#p20195

[NWMazda]

Re: DCA Heavy Handed Tactics

Your link there took me to a post for if they try to sell it on which they haven't done. They've just threatened legal action to claim the money after they've already admitted they have no CCA proof

Sounds like it fits the bill as a pretty standard thing yeah, cheers Niddy will do that, the original letter which showed no legal favour for them was this:

"Further to our previous correspondence regarding your request for information under the Comsumer Credit Act 1974, please find enclosed documentation with the original lender, as requested. (they included a printout of a statement from Barclays, 1999).

Due to the age of the account, the original executed agreement is no longer available and Barclays is unable to provide a reconstituted copy.

Your account will remain with our collections department for collection activity to continue. The demanding of payment is not considered enforcement and purely a step taken prior to the commencement of proceedings as in the ruling in the case of McGuffick vs RBS. Should you want to view the Judgment in its entirety, it is easily accessible via the internet.

Whilst we may not be able to enforce the agreement, the monies remain outstanding. The agreement or any monies paid has not been made illegal or void because of our current failure to supply a copy of the original agreement. We are prevented from taking steps to enforce the credit agreement but the underlying obligation to repay remains in tact. I trust the above information resolves this matter."

[billypre]

Re: DCA Heavy Handed Tactics

They have a variety of "scary" and "legal" letters that they will throw at you. They are just trying to scare you into paying. I would just continue to ignore. Simples.

[Never-In-Doubt]

Re: DCA Heavy Handed Tactics

Your link there took me to a post for if they try to sell it on which they haven't done. They've just threatened legal action to claim the money after they've already admitted they have no CCA proof

Mate re-read it, its designed for exactly what you're saying is happening.... trust me, I wrote it

* You do realise all templates should be amended if they don't suit exactly? Obviously the fact it will be taken to court means it would be sold on, so that template would be used to let the current owners know that you already have proof from the lender that they can't enforce it - so why threaten me with it?

Make sense? :confusing :confusing