Hello Everyone.

[pcah9]

quote on letter.
"Although we have credited this payment(the monthly payment due) to your account the balance above(the oustanding balance) is still outstanding and requires immediate payment."
"We have previously allowed you to pay by instalments(no,i have a ccj) this is now being withdrawn."
"you must make full payment now"

[robinalexander]

Been doing a bit of Googling and can't really find much. However, it is clear that the DCA don't know there is a CCJ on the debt. If the debt has been sold on to another DCA though, from whoever entered the judgment against you, I did find this interesting peice of information: "the CCJ can't be reassigned, that is filed with the courts. It is the actual debt that seems to have been sold on".

I'm not a litigation officer though, so I can't give a 100% answer on this.

[pcah9]

That is why i laugh every time i get a threatening letter from them with the stated remarks above.
This debt was sold by my oc to the dca and it it is so obvious that only the debt figure,the outstanding balance was electronically transferred,
Just out of curiosity i phoned the oc last week to ask them to clarify the county court order case number and their reply was....We have no record of a ccj issued against you.
oh,but i have it in front of me.
What does really make me laugh though is the dca threatening to take legal proceedings over this debt.Obviously i would really look forward to going to court and producing the ccj to the judge.

[fuzzybobble]

Originally Posted by pcah9

That is why i laugh every time i get a threatening letter from them with the stated remarks above.
This debt was sold by my oc to the dca and it it is so obvious that only the debt figure,the outstanding balance was electronically transferred,
Just out of curiosity i phoned the oc last week to ask them to clarify the county court order case number and their reply was....We have no record of a ccj issued against you.
oh,but i have it in front of me.
What does really make me laugh though is the dca threatening to take legal proceedings over this debt.Obviously i would really look forward to going to court and producing the ccj to the judge.

If they want to, why not let them, and show them up for the idiots they obviously are. Make it easy for them, then complain to the OFT and FOS afterwards. Then it's another DCA one step closer to losing their licence.

[Percival Wigglesbottom]

I got a question about robinson way , what is their protocol for dealing with statute barred debts ? I ask because contrary to the OFT guidelines , they don't simply just go away after being told it is statute barred .. do they ?

In fact, what they do is to continue to pursue said statute barred debt with the same zeal as they would any other alleged debt on their books regardless if they have been told it's statute barred and refuse to desist accordingly .

What they do , is send you some kind of pseudo robinson way law that says it is not statute barred , ie we have been sending you letters for the past 6 years so we do not agree that it is statute barred .

So, my further question is : Do they deliberately send erroneous interpretations of the law hoping the recipient has no clue and pays up, or are the ones in position to reply to statute barred letters trained to such a low level that what they send they believe is correct ?

If they are at such a low level of training , is this a deliberate policy of robinson way/LS to keep untrained staff in such positions that such erroneous letters of law may be sent resulting in the recipient being mislead on their rights or if it is not deliberate , would that member of staff be re trained or replaced . Would you envisage a financial loss to robinson way/LS in terms of lost revenue on collection of statute barred accounts should a fully trained member of staff be placed in such a position that would adhere correctly to the OFT's guidelines and the limitations act on statute barred debts in their correspondence and otherwise acted accordingly ?

Bear in mind that such letters declaring it's statute barred status are not merely addressed to robinson way for any waif or stray to pick up and reply to, but addressed to the london scottish address ( as it existed at the time) for the named head of the relevant department to address and this being the query on their signed reply .

[papsulu]

Hi
I hope you can help me really dont know what to do. I bought car from carcraft with Barclay partner finance but the day of purchuase car broke down. Car was in about 5 garages for rapair. Finally carcraft did independent inspection and said nothing wrong with the car.Big lie. I send the letter to Barclay and Carcraft that I am gonna stop paying for this car because I hardly ever use this car. I ask them to reposses the car but they said they dont do that. I dont want this car back 5x I took it from garages and 5x car broke down with same problem. Can you please advice me what I have to do with that credit agreement I want send a form to Financial Ombudsman. The keep sending form to pay.

Thanks a lot for your advice
Papsulu

[notsoevil]

DCA who cares! I have advised people to get a copy of their agreement, not very often as calls are recorded as you said, but I try to do it in a carefully worded way! Normally when someone disputes an amount or ofcourse doesnt aknowledge the debt. (I Have told an old lady who I think was bullied to pay for a debt she didnt know what was for for years to stop paying and I will get the agreement for her) I also find mentioning things like this site to people who are disputing bank charges. Waiting for the S**t to hit fan at work for that one!
Any way HELLO!!!!!!

[PriorityOne]

Originally Posted by notsoevil

I also find mentioning things like this site to people who are disputing bank charges. Waiting for the S**t to hit fan at work for that one!
Any way HELLO!!!!!!

Have you been born again, Notsoevil ?

Papsulu, please start a thread of your own, otherwise your problems will get lost in this one....

[andrew1]

Hey you guys from the DCA's - ever heard of the Cabot Fan Club? well Google us, upset just one person on here and believe me your employer won't know what's hit em - we know who you are... and all your own details about where you drink, drive, drive your fast cars, how you spend your bonuses getting commissions for scaring the ****e out of people will blasted to all four corners of the globe - threat? - no, Promise..ask Ken Maynard and his staff at Cabot - staff lost promotion, got sacked, demoted, banned from facebook and youtube because of us- visit some of your compatriots in the industry once you've Googled us. So far we cost Cabot over £2 million and it ain't stopped yet..

Enjoy yourselves on here, keep being nice - but be warned - we have got our beedy eyes on you and every word you breathe


Sarah

[notsoevil]

I think the main things DCA need to learn is to listen! If you listen to a person, find out why they are in debt, what problems they have had and are having then you able to help! Doing a complete inc exp and only making agreement for which the person can afford, and agrees that they can afford. Then making sure they are aware if they have any problems they are welcome to come back to you. Offering advice about free debt agencies and anything else they mind useful... (strangley once spent a nice conversation talking about different ways to cook chicken, and dinners for a week for under £10!!!!!!!!).

The end result.. you are helping people, you are making sure you are not panicking people, and the debt that they feel has been tied round their neck is being repaid.

We are all aware that DCA's are not all like this, and those people should not be able to sleep at night!

Also I have sent debt back to the OC, if the debt is within a certain period of time after it has been bought, it can be sent back for example if debt was in dispute prior to being purchased.

I have also got a statute barred debt written off - the person was disupting it and it was also statute barred so that was that!

I dont think we should tar people with the same brush, we are all people after all, all with our own stories to tell!

[andrew1]

Quite right there are some human beings in DCA's, but can I pick you up on your opening sentence "I think the main things DCA need to learn is to listen!" most don't know the meaning of the word - I am not just a conscienceous objector by the way, I worked in the credit industry for many years so I know the industry well.

the Cabot Fan Club was formed for one purpose and one purpose only " to get the industry to abide by the law" They haven't yet all come around, but the changes you witness in the industry has in no small part been as a result of us. I am not seeking any praise, but if you scan the Cabot threads you'll see 2 yrs of digging, delving, and challenges in court. We were ridiculed by the industry for asking people to get copies of agreements by CCA'ing as we refer to it on here -and what did people find? - DCA's with nothing more than a name, address, an amount and a telephone number - That's IT, and these people were trained to collect by intimidation, now things are beginning to come home to them. How many more admin staff have you taken on to deal with the influx of requests and queries about ownership, defaults, unenforcability, subject access requests etc - well that's because the work many people did on CAG spread like hot cakes and even the back slapping CSA bods began critising the 'ill informed consumer' huh ! we all know why don't we?

Encourage your employer to get their staff trained on the unenforcability of the debts they are chasing, the legitimacy of them BEFORE they pick up the phone harassing people and your results might actually improve.

Too busy to lecture anymore - but think about it!

Sarah

[babybear39]

Very well said Sarah

[PriorityOne]

Originally Posted by notsoevil

I think the main things DCA need to learn is to listen! If you listen to a person, find out why they are in debt, what problems they have had and are having then you able to help! Presumably, you're referring to AFTER you've established a legal right to try and extract money in the first place... by producing the relevant proof ? Doing a complete inc exp and only making agreement for which the person can afford, and agrees that they can afford. Then making sure they are aware if they have any problems they are welcome to come back to you. If they're having problems, then the repayment figure is set too high... so all they need do is lower it and then tell you (by rec. delivery). They don't need to come back to you at all, as such. Offering advice about free debt agencies and anything else they mind useful... (strangley once spent a nice conversation talking about different ways to cook chicken, and dinners for a week for under £10!!!!!!!!). Personally, I would find this kind of conversation incredibly patronising...

The end result.. you are helping people, you are making sure you are not panicking people, and the debt that they feel has been tied round their neck is being repaid. Counsellor status now ? I don't think so... that's not the job you're employed to do, remember ?

We are all aware that DCA's are not all like this, and those people should not be able to sleep at night! I don't think many of them do any more...

Also I have sent debt back to the OC, if the debt is within a certain period of time after it has been bought, it can be sent back for example if debt was in dispute prior to being purchased. Or in other words, "Oh b*gger, we've bought another duff account"...

I have also got a statute barred debt written off - the person was disupting it and it was also statute barred so that was that! Would you have done the same if that person had NOT disputed it ?

I dont think we should tar people with the same brush, we are all people after all, all with our own stories to tell! Right....

Sorry Notsoevil.... but you do keep dropping yourself in it...

[fuzzybobble]

I love telling DCA's they've bought another duff account. Done it 34 times now. Now I spell it out in big red letters at the top of the letter. Just so they fully understand what my letter is about.

[Pinky69]

I love their response when they have been told why what they have sent you is duff - silence. They have tried to pass off a load of rubbish as the legal documents that will bring you rack and ruin and they now know that from the outset you knew that they didn't have a chamber pot to - well, you know the saying! DCAs listen and try to help?? Definitely on another planet!

The DCAs are going to have to change the way they operate just to survive. Credit Today reported that 43% of them are operating at a loss just to maintain their market share and that cannot be sustained. Some will amalgamate - others will close in the next 12 months. They also have a new problem in addition to consumers becoming aware of their rights. The credit crunch is throwing up a new clientele - professional people with powerful legal contacts. If the DCAs try to use their bully boy tactics with them, they could end up answering some costly law suits. It's no use sending employees into sites like this in an effort to show the caring face of debt collection, which we know only too well doesn't exist. Three of them came in within three days and two of them have already gone. Until t DCAs stop operating outwith the law, they are never going to get a positive response from consumers - and it is costing them dearly. Is your job safe poster? Consumers will not be the only victims of the credit crunch, believe me.