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  • reading1
    replied
    Re: DLC Threatening CCJ

    Thank you and that is good news! and to think I would still be paying them if they hadn't started their CCJ and charging order threatening tactics......This will spur me on to send out CCA requests to my other creditors.

    Leave a comment:


  • Undercover Elsa
    replied
    Re: DLC Threatening CCJ

    Excellent news!
    Keep that letter very safe and shove it up 'em if they start pestering again. They don't like it up 'em!

    Leave a comment:


  • Never-In-Doubt
    replied
    Re: DLC Threatening CCJ

    yea well done - you win this

    Leave a comment:


  • reading1
    replied
    Re: DLC Threatening CCJ

    Hi All, following on from the last posts, I have now had a letter from DLC on one of the accounts saying that due to the age of the account the agreement I requested is 'currently unavailable'. They continue to say that although they cannot legally enforce the credit agreement, the money is still owed and the obligation to repay remains intact. Does this mean that they are now unable to collect the amount outstanding on the account? Thanks for all your responses so far, they are greatly appreciated.

    Leave a comment:


  • SXGuy
    replied
    Re: DLC Threatening CCJ

    That wont happen, please dont worry.

    I hadnt paid them for 11 months before they provided something to me, and they have yet to file for a CCJ or charging order and its been around 14 to 15 months since my request was first made.

    What they send you back is the question, not if they do, and once Niddy has seen whatever they sent you, you will be in a position still to follow UE or offer a payment.

    If the payment is reasonable they will accept it without a CCJ.

    Leave a comment:


  • reading1
    replied
    Re: DLC Threatening CCJ

    Hi, thanks for all your comments - i suppose my worry is that if i stop paying and they subsequently provide the agreement, then they will go for the ccj they threatened in the first place with more vigour and i'll have no chance of offering a low full and final settlement offer! The ccj situation is what i'm trying to avoid. In your opinion, would now be a good time to offer a low full and final settlement? Many thanks for everyones help so far, you have definitely helped to take some of the worry out of their threatening behaviour.

    Leave a comment:


  • lookingforward
    replied
    Re: DLC Threatening CCJ

    Originally posted by CleverClogs View Post
    How about this:

    Dear Sirs,

    In these difficult times, I have endeavoured to treat all my creditors fairly even though I have very limited funds at my disposal. Accordingly, I write out the names of my creditors on slips of paper, place them in a hat and get a lithesome wench at a suitable hostelry or strip club to select the names of six creditors whom I will pay that month.

    All of my other creditors are quite content with this arrangement, even those who did comply with my requests made under s78 of the Consumer Credit Act 1974, as they stand an equal chance of receiving some money from me. You have been remarkably fortunate until now, as the name of your company has been selected in each draw over the last year.

    However, despite your refusal or inability to comply with my s78 request (which renders the alleged debt unenforceable until that request is satisfied) you have continued to plague me with incessant telephone calls. Your latest letter, in which you sought to hector and harangue me, was more than I am willing to tolerate.

    In fairness to my other creditors, your name will not even be put in the hat until and unless you apologise for your letter.

    Yours Faithfully,

    Sign Digitally.
    Ha ha that's a classic

    Leave a comment:


  • jon1965
    replied
    Re: DLC Threatening CCJ

    Great letter Cloggy, so now we know the sort of places you frequent!

    As for the letter from DLC all it says is that unenforceable doesn't stop them asking for money, which we know. It does stop them taking you to court though.

    Leave a comment:


  • helmsman
    replied
    Re: DLC Threatening CCJ

    Originally posted by CleverClogs View Post
    How about this:

    Dear Sirs,

    In these difficult times, I have endeavoured to treat all my creditors fairly even though I have very limited funds at my disposal. Accordingly, I write out the names of my creditors on slips of paper, place them in a hat and get a lithesome wench at a suitable hostelry or strip club to select the names of six creditors whom I will pay that month.

    All of my other creditors are quite content with this arrangement, even those who did comply with my requests made under s78 of the Consumer Credit Act 1974, as they stand an equal chance of receiving some money from me. You have been remarkably fortunate until now, as the name of your company has been selected in each draw over the last year.

    However, despite your refusal or inability to comply with my s78 request (which renders the alleged debt unenforceable until that request is satisfied) you have continued to plague me with incessant telephone calls. Your latest letter, in which you sought to hector and harangue me, was more than I am willing to tolerate.

    In fairness to my other creditors, your name will not even be put in the hat until and unless you apologise for your letter.

    Yours Faithfully,

    Sign Digitally.
    Love it.

    Leave a comment:


  • fluffystuff
    replied
    Re: DLC Threatening CCJ

    Originally posted by CleverClogs View Post
    How about this:

    Dear Sirs,

    In these difficult times, I have endeavoured to treat all my creditors fairly even though I have very limited funds at my disposal. Accordingly, I write out the names of my creditors on slips of paper, place them in a hat and get a lithesome wench at a suitable hostelry or strip club to select the names of six creditors whom I will pay that month.

    All of my other creditors are quite content with this arrangement, even those who did comply with my requests made under s78 of the Consumer Credit Act 1974, as they stand an equal chance of receiving some money from me. You have been remarkably fortunate until now, as the name of your company has been selected in each draw over the last year.

    However, despite your refusal or inability to comply with my s78 request (which renders the alleged debt unenforceable until that request is satisfied) you have continued to plague me with incessant telephone calls. Your latest letter, in which you sought to hector and harangue me, was more than I am willing to tolerate.

    In fairness to my other creditors, your name will not even be put in the hat until and unless you apologise for your letter.

    Yours Faithfully,

    Sign Digitally.
    Love it!

    Leave a comment:


  • CleverClogs (RIP)
    replied
    Re: DLC Threatening CCJ

    Originally posted by reading1 View Post
    Any help on how best to respond to their latest letter would be appreciated.
    How about this:

    Dear Sirs,

    In these difficult times, I have endeavoured to treat all my creditors fairly even though I have very limited funds at my disposal. Accordingly, I write out the names of my creditors on slips of paper, place them in a hat and get a lithesome wench at a suitable hostelry or strip club to select the names of six creditors whom I will pay that month.

    All of my other creditors are quite content with this arrangement, even those who did comply with my requests made under s78 of the Consumer Credit Act 1974, as they stand an equal chance of receiving some money from me. You have been remarkably fortunate until now, as the name of your company has been selected in each draw over the last year.

    However, despite your refusal or inability to comply with my s78 request (which renders the alleged debt unenforceable until that request is satisfied) you have continued to plague me with incessant telephone calls. Your latest letter, in which you sought to hector and harangue me, was more than I am willing to tolerate.

    In fairness to my other creditors, your name will not even be put in the hat until and unless you apologise for your letter.

    Yours Faithfully,

    Sign Digitally.

    Leave a comment:


  • SXGuy
    replied
    Re: DLC Threatening CCJ

    If it was me, id stop paying.

    Regardless of what they say, they need to send your agreement!

    Leave a comment:


  • SaltnVinegar
    replied
    Re: DLC Threatening CCJ

    Originally posted by reading1 View Post
    Hi All, update on DLC - they sent me a letter that I received today on one of the accounts today saying they are continuing to request information from the original lender but although they are technically in breach of the Act, guidance under the Credit Services Association means that this does not make the agreement or any monies paid illegal or void. They also state that because i am still making payments then they assume i am not questioning my liability and because of this they require further details from me as to why i believe the account to be in dispute.

    You may remember that i have 2 accounts with them and sent a CCA request on both, however, they assumed i had duplicated my request on the account above and returned the second postal order!

    They are continuing to call and leave messages for me to call them about both accounts.

    Any help on how best to respond to their latest letter would be appreciated.
    So now is the big step - you decide whether to continue paying them or not.............

    As far as 'guidance' from the CSA is concerned its a load of bovine excrement, its not stopped them from ignoring guidance from the OFT who have far more weight than the CSA!!

    Ultimately 'guidance' is all it is - its not legislation.

    You could consider sending them this from the template letter section if you want to stop payments:

    CCA Request - Final Demand - allaboutDEBT UK

    Or you could play more hardball and issue a final response to the matter:

    Final Response - UE (No CCA Received) - allaboutDEBT UK

    I'd have a good read through the template section and UE process to get familiar with what your position is and understand the concepts you're discussing in your letters

    Best
    SnV

    Leave a comment:


  • reading1
    replied
    Re: DLC Threatening CCJ

    Hi All, update on DLC - they sent me a letter that I received today on one of the accounts today saying they are continuing to request information from the original lender but although they are technically in breach of the Act, guidance under the Credit Services Association means that this does not make the agreement or any monies paid illegal or void. They also state that because i am still making payments then they assume i am not questioning my liability and because of this they require further details from me as to why i believe the account to be in dispute.

    You may remember that i have 2 accounts with them and sent a CCA request on both, however, they assumed i had duplicated my request on the account above and returned the second postal order!

    They are continuing to call and leave messages for me to call them about both accounts.

    Any help on how best to respond to their latest letter would be appreciated.

    Leave a comment:


  • davidm
    replied
    Re: DLC Threatening CCJ

    DLC send me one a month

    Leave a comment:

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