Written by John Kruse, one of the leading experts on Bailiff Law, this consumer friendly guide is essential reading for anyone who comes into contact with a bailiff.
The book is easy to understand and clearly explains the rights
a bailiff has, and also what they cannot do when collecting debts and repossessing goods etc.
HI having been new to this site I've posted off 5 CCA agreements to different DCA's but unfortunately having to work up to 60 hours a week to keep a roof over my familys head i wasn't able to send off the account in dispute letter and have now been receiving calls from 2 new dca's for what i believe are the same debts as i sent the original CCA requests for... Have fended off the call centre monkeys by acting stupid and not answering "security" questions..in fact i told albion that i would love to play for them on saturday but i wanted to go to the pub and watch rangers v celtic on a rare weekend i got off with my wife. So my question is as obviuosly if the original DCA's dont have the agreements and sell them off all we have to do is play a merry-go-round until the debts are statute barred in 5 years? wish i was an MP vote for LEO THE LION
unfortunatley it does semm to go round and round with some.
any new DCA that contacts you about these you can send the 'bemused' letter. if they call you just say in wriing only and hang up.
ACCOUNT IN DISPUTE
Dear Sir or Madam,
Account number: XXXX XXXX XXXX XXXX
I must admit that I am rather bemused as to why this account has been passed to yourselves, as it is in dispute with the **original creditor/DCA** and has been since DATE 2007. Not only is this a breach of OFT collection guidelines, but also in breach of the Consumer Credit Act 1974 and Data Protection Act 1998
My last letter from **original creditor/DCA** was DATE and intimated that my complaint would be resolved on **DATE**, this obviously hasn’t happened. As **original creditor/DCA** are now in default of my Consumer Credit Act request, OFT Collection Guidelines, *Subject access request and have also breached *s10 Data Protection Act request , I consider this account to be in SERIOUS DISPUTE.
As you are aware while my Consumer Credit Act request remains in default enforcement action is NOT permitted, under s127 this constitutes a complete defence at law.
Consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS.
Now I would respectfully suggest that this account is returned to the **original creditor/DCA** for resolution of these defaults and breaches, as **New DCA** cannot lawfully pursue any enforcement activities.
If **New DCA** chooses to ignore my dispute and attempt enforcement, I will initiate legal action and file reports with the appropriate authorities, including, but not limited to, Trading Standards, Office of Fair Trading, Information Commissioners Office, Financial Ombudsman Service and possible court action.
After taking advice, I am of the opinion that any continued pursuit is in violation of the Administration of Justice Act 1970 section 40 as well as breaching a number of the OFT Collection Guidelines
I hope that this will not be necessary and an acceptable solution can be accomplished.
I would appreciate your due diligence in this matter. I look forward to hearing from you in writing.
Yours faithfully,
and this for any calls:
Your Street
Town
City
Postcode
DATE HERE
Company Name
Road
Town
City / County
Postcode
Re: Harassment by telephone
ACCOUNT NUMBER: XXXXXXX
Dear Sirs
I am writing in relation to the quantity and frequency of telephone calls that I have received from your company, which I deem to be personally harassing.
I have verbally requested that these stop, but I am still receiving calls. (Delete if necessary)
I now require all further correspondence from your company to be made in writing only.
I am of the view that your continued harassment of me by telephone puts you in breach of Section 40 of the Administration of Justice Act 1970, and the Protection from Harassment Act 1997.
If you continue to harass me by telephone, you will also be in breach of the Communications Act (2003) s.127 and I will report you to, fos, OFCOM, Trading Standards and The Office of Fair Trading, meaning that you will be liable to a substantial fine.
Be advised that any further telephone calls from your company will be recorded.
Yours faithfully,
[NAME HERE]
Ida x
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Thanks for those will be put to good use during my next day off...tomorrow unfortuneately original DCA.. those nice fellows at Moorcroft did not reply to my CCa request I know they received it but the PO put the wrong postcode on my receipt , i only noticed because i had 2 CCA requests with Moorcroft and ALL letters and phone calls stopped but they only acknowledged the other one . on the letters i received the debt has only been passed but not assigned. so I presume the original creditor does not have the original CCA and are taking the proverbial. I'll send off the request for CCA to new DCA and make sure the Post Office use correct postcode , start again ho hum . will keep those letters in mind many thanks ida keep up the good work this site has made my life so much better and i've passed on the good word to anyone in the same position as myself
Possible New Tactic by DCA's
's but unfortunately having to work up to 60 hours a week to keep a roof over my familys head i wasn't able to send off the account in dispute letter and have now been receiving calls from 2 new dca's for what i believe are the same debts as i sent the original CCA requests for... Have fended off the call centre monkeys by acting stupid and not answering "security" questions..in fact i told albion that i would love to play for them on saturday but i wanted to go to the pub and watch rangers v celtic on a rare weekend i got off with my wife. So my question is as obviuosly if the original DCA's dont have the agreements and sell them off all we have to do is play a merry-go-round until the debts are statute barred
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