I thought it would be a good idea for anyone who currently or has previously worked for a DCA to have a space to help anyone else out. I know that there are some here who work for DCA's or at least did do. Here is your opportunity to right your wrongs and provide any hints, tips or general information. If you still work there, do not identify yourself and be careful to cover your tracks. My own experience is working for Robinson Way, which I did several years ago. I can tell nothing has changed however, because they're still using the same old two-bit, grammatically incorrect letters. Letters I think it's important for people to

Regards to All

Funny enough, I work as a gardener and I'm on my own more often as not. Its the best time. Paid to tell idiots (IMO) what they have said/wrote is all wrong (goes for some bosses I have aswell). Even edit the wording so when I get home all I need to do is type it up. Brilliant. So really, nope, getting out more isn't the answer!

Nobody knows - it is either credit card or loan - not bank account, fixed sum purchase or overdraft.

Thanks Jones, you managed to understand my ramblings. I knew what I meant but was having difficulty explaining it. So if an application form is not a no carbon required multiple copy type, and is a single page form it can't 'double' as an agreement. If it is suggested that it does double as application/agreement they have denied an applicant's right to cancel. Thats something else I can query with lovely Lowells. Thanks again Jones for your valued response. Zim

Consumer Credit Act 1974 (Chapter 39): S.78; (6); (a); (b); (6) If the creditor under an agreement fails to comply with subsection (1)-- (a) he is not entitled, while the default continues, to enforce the agreement; and (b) if the default continues for one month he commits an offence. http://www.crw.gov.uk/resources/consumercreditact1974.pdf Regards, Dave.

Yes mate, thats right! Anything but the total amount will be rejected. Cheers for the advice. I'll keep you posted. LlinB, hope you get some news soon.

My understanding was that the second copy should be sent to you after it is signed by the creditor and your 5 days runs from the date you receive the second copy. If the creditor didn't send out the 2nd copy as in your example, the agreement is fatally flawed and so is unenforceable. I always ask for evidence of when the copies were sent out for that reason.

Hi, with regards to the DCA they can not impose collection charges on top of the outstanding debt (its against the OFT guidelines). Beginning and end of story. As you have offered to pay the yard and they have refused, if they took you to court the judge would have a fit.

First of all they can't issue SD for these kind of debts unless they have obtained a CCJ against you. Its an abuse of process. Secondly once you reply to them within the 18 days listing your grievences/disputes they will have no choice but to address them before proceeding any further. IN the unlikely event it goes to a hearing and you can convince the judges that there is a dispute/triable issue, the judge will set this aside. SD should only be issued for debts like Rates, Revenue, Rent or when a CCJ has already been obtained

Hi just pay the builders merchants and ignore the debt collectors they can not force you to pay them. A friend of mind had a similar situation but the debt was bank charges only. Their solicitors called and called and called freigtening court action but they know that it wouldnt stand up in court because they're unlawfull anyway. Slowly they called less and less. They know there are people out there who would just pay up. Just dont be one of them.

Looking back, I see the date of the SD is the 5th April which is before the CCA request was sent although the service hadnt been effected until after this was received. Would the process server be aware of this, should the DCA have informed him that the account had been placed in dispute? I would have thought that they should have put proceedings on hold once the dispute was registered but I have no idea of the workings of the legal machine in this area. Hopefully, some more knowledgeable members will be along soon to help clear up some of this. Out of interest, what is the financial status of your other half, tenant or homeowner a

This is the first time I've read of a Stat Demand being served in person.... so I assume they are not bluffing then. I am also assuming that they have gone down this route because your partner is a homeowner and they are smelling equity... On the face of it, your defence looks fine, but I would get some other opinion on here as well... in case I'm missing something. If they're in default of a CCA request, then I don't know what they're playing at. However, if AIC have received the CCA request, they've probably sent the account back to Amex... and Amex have issued the SD. Under the circumstances, it might be prudent to CCA Amex as w

I can't state for certain that they WILL admit that they are wrong, obviously. But, if you have the paperwork to prove they ARE, then they are going to have little choice!! Send your proof off, with a polite, but strongly worded letter, telling them what you want. IE The 12 months payments paid OFF the capital amount and a properly executed agreement that matches that which you signed up to. Good Luck.

A written acknowledgement of contact from debtor to creditor... or payment towards the debt would constitute re-acknowledgement. Telephone conversations are meaningless.

Ooja, I think a call to Nationaldebtline might help you...just search for them through Google. From what I've found out via trying to sort my own problems, if you have made a reasonable offer, taking into account your current financial circumstances, the Uni debt collection rejected it...if it does go to court it could be viewed that they have acted unreasonably. I note that your letter of complaint to Head of College has been ignored also! I had a similar situation with a DCA who wouldn't accept what I could afford...so when they threatened court, I put this as part of a letter to them: The commencement of legal proceedings under

Hello This might not be the conventional debt advice method but it sure does work Rank your debts No1 smallest MBNA No 2 Black horse No 3 IF start by focusing on the debt with the smallest balance (which you are making minimum repayments at moment) work out how much you can increase the payment by call this your HEADSTART payment say £50- £100 extra - repay the smallest debt quicker. continue making minimum payments ( or reasonable offers if you are really struggling) on the other debts. When debt no 1 is repaid in approx 12 to 14 months instead of 50 months at the current rate of repayment add what you were pay

YES I WON AGAIN :o All my final bullying of Crap1 worked. They have paid up the daily rate of interest £17.53 as requested, the matter is now settled fully. Poor old Crap1, I'm sure they didn't like to paying up Just to make sure they understand why we are all so unhappy with their treatment of us, I've sent this off .................... :D Regulatory Section Consumer Credit Licensing Room 1C/5 Office of Fair Trading Fleetbank House 2-6 Salisbury Square London EC4Y 8JX Fax 0207 211 8429 Failure to comply with direction 5 April 2006 Dear Sir/Madam, I wish to inf

I am no longer welcome on CAG

Tbern, For your info, FIRE are a new part (renamed company) of the Cabot Group i.e. Kings hill (No2) Ltd FINANCIAL INVESTIGATIONS & RECOVERIES (EUROPE)LTD Co Reg No: 03958421 Reg Office: Glebe House 2 Clifton Road RUGBY CV21 3PX Previous Trading Name ---KINGS HILL (No 2) Limited As yet, this new company are not registered with the Information Commissioner… Kind regards and continued luck with your case, Turnaround

well lets just hope its a smooth ride. he he. Get this one closed.

Regards to All

This is not for a CCJ, but to bankrupt your girlfriend. If bankrupt then it won't get paid at all. There are lots of other threads on here about SD's from DCA's - have a read through and understand what is happening. You must deal with this ASAP as it has serious consequences if thye carry this threat through. You have applied for the agreeement where are you at with this now?

you have a couple of options - write back and let them know you are interested in dealing - so maybe pick a figure half way between your claim and their offer and say - like - i don't think i can accept this offer but if you'd like to make me an offer of xxxx, i will consider accepting it (actually a round figure of 2k might be looked at - telling them you disagree with their assessment of your case but you know how busy they are and for the sake of argument... you'd accept 2k - on these charges - they will send something that means you can't file against these charges again);i'm betting you'd get 2k (just don't sign away your right to ever c

I am no longer welcome on CAG

Actually Bookworm, I thought contributors to this site had the freedom to express their views and beliefs. I also think that they should be able to do this without sarcastic and belittling remarks from moderators. My thread and post were entirely polite and made in good faith. Your responses were out of order.

Just to give you an idea if someone comes in without knowing the cheque number I can find it (after verifying the customer of course!) by looking back on thier account for the relevant amount. If the cheque was in the last financail year then I can't go back that far and would likely have to get another department to assist. Right now I would say find out what thier procedure is for a lost cheque, I don't believe ours has a set timescale. Maybe make an appointment, with the manager if necessary, as the query is going to take some resolving. You need to find out if the cheques have been presented, if this is the case then you're deal

There is no obligation for you to pay any charges. I believe that the procedure would be similar to the removal of unlawful bank charges and once these charges are removed... you would pay the true outstanding balance. Put everything in writing and send everything by rec. delivery. You could use the argument that if they (DCA) do decide to take court action against you, then you will expect them to provide a complete breakdown of all charges applied to the account in court, as well as proof of ownership/authority to collect. In any case, you need to see some proof of ownership/authority to collect in order to know exactly where your p

OK, HERE'S A ROUGH DRAFT OF ANOTHER NUDGE - this should be used when the aq is dispensed with and you already nudged at least once. DG Solicitors 12 Calthorpe Road Edgbaston Birmingham B15 1QZ Re: XXXXX - v - HSBC account no, claim no and filing date. I am writing you today in a further effort to ask you to consider my claim. I am most disappointed that you have not even acknowledged my previous correspondence. I have been notified that the Allocation Questionnaire is being dispensed with in this case and that it has been transferred to whatever county court. I have written to you in the past, aski

Hi, have a look at this thread, it will give you some ideas. Calling all HSBC claimants!! Why restrict your claim to 6 Years?!! (1 2 3 4 5) Hope this helps:)

with apologies to quirky for pinching this from him - i simply think more will see it on this thread - TO THOSE OF YOU WHO DOUBT WHAT WE HAVE BEEN SAYING - TAKE 3 MINUTES TO READ THIS LINK: BBC NEWS | Business | Judge attacks 'time-wasting' bank 77 CASES!!!!!!!!! ALL YOU TREMBLING SOULS - LOOKING AT POSSIBLE COURT TIME - PLEASE READ IT!!!!! AND TO THAT END I AM WRITING ANOTHER NUDGE SAMPLE WHICH I WILL PUT IN POST 1 SHORTLY.

on your notice of issue it will have a deemed served date, thats when you start counting the 28 days. pete

Hi Sea Side, As a seasoned campaigner you already know the result!!

I agree! An opportunity missed. But this was a TS thing, and they did their job very well! Lowell have gone forth..... We'll know next time. *2 more rep's for next green pip!

No thats not what i meant...... get the agreement checked, or post it here for views. or try Financial Agreement Solutions just enter the details and get it checked....DONT PAY! I have just got rid of a £2700 from welcome finance because of shoddy paperwork. And maybe £3500 cc and also perhaps £4500 cc. Check the agreement Dave

Hi b_the_jackal, Welcome to the forum. Congratulations on getting married. Now lets help you get some money back. Please follow this link to Barclays forum and start a thread; http://www.consumeractiongroup.co.uk/forum/newthread.php?do=newthread&f=7 Title it b_the_jackal V barclays. Other members with experiance of your bank can offer informed advice. use the template letters in order. Stick to the timetable in there. please take time to read the faq's LINKS.... http://www.consumeractiongroup.co.uk/forum/welcome-our-forum/71112-glance-guide-claiming.html FAQs.... Templates Library.... If you have charges go

you could try ringing 0800 282 390 and speak to an advisor or send them a Data Protection Act - Non-Compliance - Template Letters http://www.consumeractiongroup.co.uk/forum/bank-templates-library/6986-data-protection-act-non.html sorry not very good at posting links

http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/31460-example-step-step-instructions.html Should be able to explain. Also, worthwhile posting in a thread of your own (I've PM'd a mod to move your post to a thread all of it's own) Please ensure you follow the instructions, they have worked many many times, and will continue to work! The statement stating it only applies to credit cards I assume means the OFT report, which, as many people will tell you is a set of guidelines for credit cards etc to follow. It is not law. The OFT states that they will investigate charges above £12, it does not stat

This isn't really my box of frogs, but here's s40 of the AOJ Act 1970. Debt Help UK : Administration of Justice Act 1970 | UK debt consolidation service with free help and advice | UK debt consolidation service with free help and advice You might also want tell them about the Protection from Harassment Act 1997. Good luck, Dave

I would also make the point that "reconstructive conjecture" is unlawful practice, it seems to me that they have attempted to cut and shuffle in an effort to conform with CCA 1974. Stick to your guns Zimmie - they do not want to find themselves in the midst of accusations of deceit!

OH YES!!!!! Recieved a letter from Crap one today!!! It reads; Dear xxxxxxx I write in connection to the above court claim, which you have issues against capital one i have now had the ooprtunity to investigate your claim of 1517.54 blah blah it is denied that these charges are unlawful as you have claimed blah blah..... Whilst we do not accept liability for your claim i have in an effort to resolve the matter without the need of acourt hearing refunded 1517.54 to your account. This refund has cleared your balance and i have arranged to send you a cheque for 1091.24 which you should recieve within 14 working days. These refun

Regards to All

There doesn't seem to be a 6 year limit any more. Effective arguments using section 32 of the ~Limitation Act are negating this old defence. See this - http://www.consumeractiongroup.co.uk/forum/general/80486-claiming-beyond-6-yrs.html#post712882 But should you wish an easier ride to refund ( i.e. not contentious in any way) then the 6 years should, technically and arguably, begin at the time you raised the issue - if you used the CAG template SAR then this mentions it and so it should be 6 years from then. Otherwise it ought to be from the date of your prelim letter, when you first asked for it back. In my own case, the R

Hi mescalero! Chill...They have 40 days to supply your Data!... Why U didn't send your request direct to the Data Protection Team @ Northampton only U know?! Don't worry, your request will get passed on to them via Nationwide's internal mail system. I shouldn't bother about ringing them. U won't have tangible proof of what they tell U, if they are economical with the truth and U have to take them to Court to comply. Here's a link for U to look at if U are panicking about if the worse happens... http://www.consumeractiongroup.co.uk/forum/bank-templates-library/6986-data-protection-act-non.html

I'm getting there. I now work for a high street bank in their own collections department but it's far removed from a DCA.

Did I hear my name mentioned? I dunno how this rumour has spread but I am not the agreement expert! I'll give my opinion though. But first some Golden Rules: Never communicate over the phone with any company who is chasing you for debt - only in writing and keep copies of EVERYTHING. Always start your initial communication with 'I do not acknowledge any debt to your company', never refer to 'my' agreement or 'my' debt, always the 'alleged' debt/agreement etc. Don't start any payment plan with a debt management company for any debt that is now in the hands of a DCA until they have proved to your satisfaction that the

hang on your missing the point, if they cant come up with thetrue signed copy, YOU DONT PAY THEM ANYTHING and you force them to write the debt off. plus you should be sending an SAR to claim back the illegal charges whether they give you a true signed copy or not. so recap if they cant provide you with documents you have no legal obbligation to pay them a thing! making sense? Kenny - just had 2k written off by Littlewoods because they couldnt supply documentation saying i owed the debt.

I always use N1, and file at court. It is more conveniant for me. But i also prefer it. The form is very easy to fill in. This is the N1 form... http://www.consumeractiongroup.co.uk/forum/bank-templates-library/844-n1-claims-form-pdf.html And this is the poc... http://www.consumeractiongroup.co.uk/forum/bank-templates-library/681-4-particulars-claim-n1.html If you have any worries just shout. The handy thing about doing it this way, is you take 3 copies of everything in, and the courts do it all for you, and they normaly double check your forms.

Hello and welcome to CAG! There are a few things which are a must for you to do: Read the faqs https://www.consumeractiongroup.co.uk/forum/68-faqs/ Print them out for future reference, believe me you will need them. Start a thread in the relevant bank forum. You will find the banks sections by following this link https://www.consumeractiongroup.co.uk/forum/3-bank-and-finance-subforums/ Read the threads in your banks forum, this will give you an ideal insight into what you are taking on. A few things to remember: This is your money, it t

Try this link, saves me explaining any more!: FAQ - Hire Purchase: Last week I bought a car from a friend and l have just found out that it’s still the subject of a hire purchase agreement – I didn’t know at the time of ‘purchase.’ The finance company is chasing me as they say that it