Patricia Pearl - Small Claims Procedure - A Practical Guide


An excellent guide for the layperson in how to use the County Court - a must if you are intending to start a claim.

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Last Will and Testament Kit


Make a legally valid will without the fuss and expense of a solicitor - includes a full step-by-step guide.

£9.99 + £1.50 (P&P)

BAILIFFS - The Law and Your Rights

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.

£13.95 + £2.00 (P&P)


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  1. #1
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    Default re : can i claim back DCA charges?

    Hi,

    I've noticed that a lot of my debts have sometimes DOUBLED, i.e. Capital Oneicon sent a letter stating £440, then get a letter from a DCAicon stating £819 after passed onto them.

    I will obviously claim back charges from Capital One, but these may be £200 - £300 at the most.

    What can i claim back from the DCA as they have added £400.

    Thanks.

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  2. #2
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    Default Re: re : can i claim back DCA charges?

    Hi
    the same of what you are going to claim back from cap oneicon !!!!!!!!!!!!


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    Default Re: re : can i claim back DCA charges?

    that may mean the whole debt!

    yoohoo!


  4. #4
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    Default Re: re : can i claim back DCA charges?

    Two things the DCAicon etc do not have time. 2nd thing you have and you can take your time in screwing them up properly.


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    Question Re: re : can i claim back DCA charges?

    hello

    and sorry to sneak into this post!!!!!! but is this true??? that you can claim your charges that you get from the debt collecting agencies??????

    i have been charged in the past some big charges and some small charges ex: moorcroft add £12 pound each time they send a letter!!

    so if this is really true could i claim these £12 charges back????????????


  6. #6
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    Default Re: re : can i claim back DCA charges?

    This is also news to me!

    I didn't know we could claim back DCAicon charges, or even the fact that they charge for sending letters out. I thought all charges are frozen when it gets passed to them, including interesticon? I've had letters in the past from different agencies, at different times of the year, all asking the same amount.

    This opens a whole new issue.

    If we start claiming from the debt agency that is allowing us to pay measly amounts to clear a debt they keep adding to, they won't be too happy. Does this mean they will take more action against us and what happens to the payment agreements we have in place?


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    Default Re: re : can i claim back DCA charges?

    If the DCAicon do not have a CCA, you can claim back all payments you have made to them, since they would have been collected unlawfully. Moorcroft only have until Monday to produce mine... once they have committed a criminal offence as well as defaulting (another calendar month without sending the CCA to me), I will be claiming back all payments over the past 4 years.

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    I AM NO LONGER AN ACTIVE MEMBER OF THIS FORUM AND WILL ONLY RESPOND TO POSTS ON SUBSCRIBED THREADS.

    Fighting back with CPUTR 2008:
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    http://www.consumeractiongroup.co.uk...ted-Agreements...

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    Question Re: re : can i claim back DCA charges?

    well i was just thinking about charges, i recieved a letter from moorcroft and now at the bottom of my letter it says 'please note that we have had to resort to sending this letter and as per the terms and conditionsicon of your agreement we have added £12 to the above balance' i have had previous letters from them that never said that until recently !!!!!!!!

    so what is this all about are they unlawful penalties from the DCAicon????????/

    any more help or views on this subject would be helpful


  9. #9
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    Default Re: re : can i claim back DCA charges?

    Quote Originally Posted by albbyswife View Post
    well i was just thinking about charges, i recieved a letter from moorcroft and now at the bottom of my letter it says 'please note that we have had to resort to sending this letter and as per the terms and conditionsicon of your agreement we have added £12 to the above balance' i have had previous letters from them that never said that until recently !!!!!!!!

    so what is this all about are they unlawful penalties from the DCAicon????????/

    any more help or views on this subject would be helpful
    You do not have an agreement with Moorcroft anyway, so there would be no terms and conditionsicon. Have you sent Moorcroft a CCA request ? They have 12 days from the date of (recorded delivery) receipt to supply you with this. After that time, the debt is unenforceable without going to court... and they won't go to court without a CCA.

    Chances are... they have just bought the debt for peanuts from your original lender. Without the correct paperwork however, all they can do is threaten to do this and that. That statement from them sounds like a fairly typical ploy to get you to think that, unless you pay more of the balance, the debt will increase with each reminder sent out to you. It's bowlarks.

    Go into the bank template section and look for the CCA request letter. If Moorcroft cannot produce a CCA or Deed of Assignment, then all your payments can be claimed back because they have been collected unlawfully. One step at time... CCA request first.

    PLEASE NOTE:

    I AM NO LONGER AN ACTIVE MEMBER OF THIS FORUM AND WILL ONLY RESPOND TO POSTS ON SUBSCRIBED THREADS.

    Fighting back with CPUTR 2008:
    http://www.consumeractiongroup.co.uk...ith-CPUTR-2008....
    CPUTR 2008 template letter:
    http://www.consumeractiongroup.co.uk...98#post3531398
    Challenging Reconstituted Agreements:
    http://www.consumeractiongroup.co.uk...ted-Agreements...

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    Question Re: re : can i claim back DCA charges?

    sorry i dont think that they have bought the debt from the company as at the top of the letter it says ' we are agents of Argos and work with them to collect payment against uncleared accounts'

    so do you think i should still send a cca request to them ???i have not paid any thing to them yet but made a payment straight to argos


  11. #11
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    Default Re: re : can i claim back DCA charges?

    Yes, send a CCA request to them by Recorded Delivery. If they have been assigned the debt (very unlikely), they would have a Deed of Assignment. Either way, some kind of document would need to be produced. No document = no money.

    PLEASE NOTE:

    I AM NO LONGER AN ACTIVE MEMBER OF THIS FORUM AND WILL ONLY RESPOND TO POSTS ON SUBSCRIBED THREADS.

    Fighting back with CPUTR 2008:
    http://www.consumeractiongroup.co.uk...ith-CPUTR-2008....
    CPUTR 2008 template letter:
    http://www.consumeractiongroup.co.uk...98#post3531398
    Challenging Reconstituted Agreements:
    http://www.consumeractiongroup.co.uk...ted-Agreements...

  12. #12
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    Default Re: re : can i claim back DCA charges?

    Moorcroft don't generally buy debts.

    The terms and conditionsicon they are referring to are from the original agreement. Once you have this after the CCA, ask them where it says a DCAicon can charge £12 per letter?


  13. #13
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    Default Re: re : can i claim back DCA charges?

    Quote Originally Posted by tifo View Post
    Moorcroft don't generally buy debts.

    The terms and conditionsicon they are referring to are from the original agreement. Once you have this after the CCA, ask them where it says a DCAicon can charge £12 per letter?
    I assume that means they should have a Deed of Assignment then ?

    PLEASE NOTE:

    I AM NO LONGER AN ACTIVE MEMBER OF THIS FORUM AND WILL ONLY RESPOND TO POSTS ON SUBSCRIBED THREADS.

    Fighting back with CPUTR 2008:
    http://www.consumeractiongroup.co.uk...ith-CPUTR-2008....
    CPUTR 2008 template letter:
    http://www.consumeractiongroup.co.uk...98#post3531398
    Challenging Reconstituted Agreements:
    http://www.consumeractiongroup.co.uk...ted-Agreements...

  14. #14
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    Question Re: re : can i claim back DCA charges?

    i know moorcroft buys debts because they bought another one of my debts from bt.i know this as i phoned bt who confirmed the ammount of my final bill plus told me that moorcroft had bought the debt
    i am querring the ammount they are asking as my last final bt bill was £400 and when moorcroft wrote to me it was just over £500


  15. #15
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    Default Re: re : can i claim back DCA charges?

    yes, because Moorcroft would have put charges on.

    i got told by Moorcroft on my 2 HSBCicon debts that they don't buy these, only administer, so thats why i was saying it.

    if they've bought your debt, then they must have a deed of assignment and an agreement to send you under the CCA.



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