If you gave the school bully your lunch money, does that mean he had a legal right to it?

There's nothing to be pessimistic about. Basically you'll get one of two outcomes: No agreement (or an unenforcable one) - good news, as Cabot have bought an unenforcable debt. OR, a perfectly valid agreement. Still not necessarily cause for panic, as a DCA can only make you pay what you can genuinely afford, even if that's only £1 per month. Send the request, then let us know what you get back. As others have said, have a browse of the forum and you'll realise that just because Cabot have shiny letterheads they're nothing special. And certainly not above the law, no matter what they like to think.

Do you mean Capquest? An automated message with a reference number?

Hi Timbo, welcome to the forum even if you had to find it under such circumstances. Capquest are bullies, plain and simple. Once they get a sniff of you they won't let go without a fight. However, that doesn't mean that you can't fight back. Take some time to read some of the other threads round here and you'll see how. But in a nutshell: * Don't ever talk to them on the phone, other to insist that all communication is in writing. * Ensure you include "I do not acknowledge any debt" in all your letters. * If you can, send your post recorded delivery (£1.04 for a standard letter) so they can't deny receiving it. * Send them the CCA request (letter N in the templates library), asking them to prove the debt exists and that they have the documentation to back it up. This is your legal right, and will only cost you £1. * Read the OFT guidance on unfair business practice (sticky at the top of the forum) and you'll see just how a good DCA should behave. Then compare and contrast Capquest's behaviour and chuckle to yourself. (edit: putting pressure on a debtor to borrow further is a big no-no, for starters ) * Don't let them grind you down. You're in good company here, and you've taken a good first step by posting. Good luck! PS: DCAs are not baliffs. Even in the highly unlikely event they send anybody round, it will be a debt collector, who has the same legal powers as the guy who pushes pizza menus through your letterbox. To get a baliff, first they'd have to go to court. And that's a very very very long way off, trust me, you'll stop this before it gets that far.

Mistake? Or were you misled and pressured into it? Either way, it's not too late to fight back. It's definately worth sending Cabot a CCA along with the £1 fee, although whether they accept it is an interesting question. Make sure you include "I do not acknowledge any debt" in you letter, and make it clear that the £1 is in respect of the statutory fee, not to be set aside any alleged debt. You'll probably get your £1 back along with a letter asking for your patience while they investigate, notwithstanding the Act states they have 12 working days before they default, then are commiting an offence after a further 30. If you don't mind me being nosy, what was/were the original alleged debt(s)?

Both signed

I'll add my name to those supporting sub-forums for the "usual suspects". It would certainly make it easier for "newbies" to find answers to their questions, and for more experienced CAG'ers to help in matters where they have experience. Capquest and Link Financial would be my nominations.

Excellent news re the case being struck out. I'm almost hoping Cabot will take me to court, just for the fun of it! Bring it on, Ken....

But some people have a fear of clowns, whereas Cabot are not to be feared!

It's your choice. Personally I'd give them enough rope with which to hang themselves, but I'd understand if you've had enough and want them off your back. But then again, they don't seem to listen / understand, so is there any point sending them more harrassment letters, I wonder?

The ICO's guidelines say they'd only have to reply if there was a genuine likelyhood that the information had changed significantly since your last request.

I'm uncomfortable with this whole idea. 99.9% of the time the DCA is fishing or has bought an unenforcable debt, so there's no need to resort to tricks. We're the first to complain - rightly - when a DCA tries to fleece us, so I don't feel there's a need to stoop to their level when most of the time the law is on our side anyway.

If you're 100% sure that you're in the right then I'd certainly let them waste their time and money. If they really want to risk making themselves look stupid in court, that's their loss. It all comes down to whether you're willing to play along, otherwise a few carefully written letters might nip this in the bud before it gets that far, as well as giving you further ammo if they do persue the court route.

For the moment, sit tight. It's entirely possibly that your request hasn't been processed yet. Do you know when it was received? They've got 12 working days from then before they're in default, at which time you can - should you wish - write again reminding them that they can no longer persue collection action while the default remains.

Welcome, you've taken a good first step by posting here. Firstly, the onus is on them to prove that you owe them money. They can't demand that you provide proof that you don't. There's a sticky with the OFT guidelines on Unfair Practice up top somewhere, have a good old browse through and familiarise yourself. You'll be amazed at how often DCAs breach this guidance. Secondly, don't worry about baliffs. You're a very long way away from that. A DCA has the same legal powers as the guy who shoves pizza menus through your letterbox, and even in the highly unlikely event of one actually calling you've got every right to tell them to go away. Politely, like... Next, don't have anything to do with these people by phone. I guess you're already worked that out as you say you've emailed them. Now, you say that you took the Provident loan in "about 2001" and paid it off in the same year. Now in England a debt becomes Statute Barred after 6 years (5 in Scotland) so if you've not paid anything or acknowledged any debt in writing since then, the clock's almost up and this is possibly why they're starting to chase you now. What you need to do is copy letter N from the templates library and modify it slightly to suit. Ensure (and this is REALLY important) that you include "I do not acknowledge any debt", and make it clear that if they genuinely believe there's a debt they should provide the supporting documentation or leave you alone. Send it recorded delivery with the £1 fee, and also include the phrase "Please find enclosed cheque/PO number xxxxxxx for £1 in respect of the statutory fee. Please be aware that this should under no circumstances be set aside any alleged debt. If you are unable to supply the documents requested then you should return this fee." That way they can't later claim that the £1 was a payment and restart the 6-year clock. Don't let these people bully you or get you stressed. Even if you DID owe them money, they can't take what you don't have. The one DCA I genuinely owe money to is currently scraping by on £1 per month! Any more advice please post again, this is a great site which has helped me out so much this year. And do keep us updated.

TV advertising is disproportionately expensive and scattergun by nature. Brilliant for building brands, crap at getting specific messages over. We should be trying instead to get these horror stories into the press and on the news. Local paper and radio journos are usually grateful when a story lands on their desk, and there's no cost involved to the CAG. I'd strongly suggest that everybody reading this contact their local newspaper and/or radio station with a view to getting their story out into the world with as many mentions of this fine site as possible.

Personally I'd be tempted to let them start court action, if they're really that stupid. Let them explain their incompetence before a judge!

I'd still take the CCA route, unless I knew for certain that I really did owe the DCA money and wanted to "trick" them. Certainly I'd rather spend £1 than £300!

Is that all there is? Looks very much like an application form missing prescribed terms and T&Cs

The important thing is that whenever you write to them you include the phrase "I do not acknowledge any debt to your company" in your letters. It's up to them to prove you owe money, not up to you to prove you don't. Once they default on your CCA request they'll have to put "your" account on hold, and would be prevented by law from any further action. Worst case scenario is that they send a totally valid agreement. Unlikely, but even then they can't force you to pay more than you can genuinely afford. Nor can they enter your property - they're debt collectors NOT baliffs no matter what they may like to think. Send the CCA request (Recorded Delivery) and let us know what - if anything - you get back.

Well, all that was waiting for me on my return was another letter explaining that they were invistigating and hoped to have an outcome within 10 days. Bless 'em. Now I've reported them to the OFT (below) and will be starting court proceedings next week.

Just an update, such as it is, before I go on holiday. I sent the above letter and have had two seperate "Please bear with us while we investigate your complaint" replies. So I've sent them this: Let's see what (if anything) they say to that!

Definately a breach of the OFT guidelines on unfair business practice. The only circumstance I'd even consider this to be slightly acceptable is if that was the only address they had AND they marked the letters "private and confidential" AND the letter didn't mention any details of the debt. Even then, it'd be pretty low tactics. I'm assuming they do have your correct home address? Send a CCA request and ensure you include "I do not acknowledge any debt". Also make it clear that any attempt to communicate by any other means than a letter to your home address will be treated as harrassment and reported accordingly.

Hi, There's no such thing as a "blacklist", but chances are there are defaults on your credit file which will make it harder to obtain credit. For £2 you can get a copy of your report from Expierian, Equifax or Call Credit. Experian offer a free trial online but remember to cancel before a month's up or you'll get charged. Debt Collection Agencies have no powers beyond writing a few letters and making calls. However they can start court action if you don't pay. Also remember that they cannot force you to pay more than you can genuinely afford, even if that's only £1 per month. Make a realistic budget and work out what spare money you'll have at the end of each month. Don't leave yourself short. Divide it pro-rata depending on how much you owe each DCA and make them an offer. Have nothing, NOTHING, to do with any of them over the phone. Put everything in writing. Of course, without a valid copy of your credit agreement the debts are unenforcable. You would want to check that each DCA has got a valid copy before you start any payments, wouldn't you?

From the OFT guidelines on fair practice: I'd say that covers it. Definately a report to TS