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The_Internet

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  1. A DCA has sent me the following 'agreement' and has said that now they have proved I owe the debt, they want the money ASAP. I requested this data, via a CCA request. They are into the 9th day of 12+2. Is the attached form, a bona-fide agreement bound by the CCA laws, please? Material facts: 1] Original credit card agreement was made in 2000 2] The debt has been sold and resold to around 4 DCA's, this is the 4th one to ask for the money and the only one to provide any 'proof' of owing it. 3] NO OTHER pieces of paper, except the demand from the DCA to now pay the money, accompanied the letter. No statement of account, no deed of assignment, no other bits and pieces whatsoever. 4] All the relevant data on the sheet has been deleted by me; the signature WAS mine and all seemd in order with the hand written and machine completed data on the form. I am resigned to paying, as this looks like a full agreement? It certainly mentions the CCA laws etc, plenty of times. If it is NOT...is there a standard/template letter here on the forum that I could use to give a full, comprehensive, point-by-point breakdown of their failings and why I dispute the 'agreement' etc. Again, I would like to extend my sincere an dheartfelt thanks to all who have helped me [and countless others]. If it were not for you wonderful people, I'd still be living in abject fear, unable to even answer the phone or the door. You have effectively cleared up the rubbish from my life. THANK YOU, for ALL you do. Warm wishes, The_Internet smile.pdf
  2. Good luck with everything poker_mad, I hope you don't even get to court and they simply collapse the case With Curlyben at your side, you have a formidable ally! We are all behind you, in spirit, too! Loves, The_Internet
  3. Well, well, guess what? They never did send a CCA, and it's well past their 30 day limit But what now? I know this will have been discussed a thousand times over, and I have looked over the site but am perhaps using the wrong search terms [30 days over, 30 days up, etc etc]...but is there a form letter I can use to send to the DCA to advise them what stands, legally, now that the 30+12 etc etc are well over? Also, can somebody please confirm what I ought to say to the relevant bodies [is it as simple as stating I didn't get CCA after 30 days, and I'd like to complain about their illegal methods etc? Or are there numerous forms to fill in etc?]...and which bodies I ought to complain to...as many as possible, please I want to add to the growing list of complaints against the DCA. Sorry to be a nuisance, but this last hurdle [for this account, anyway] appears to be on the horizon and I want to clear it with feet to spare! Loves, thank you to all who helped and all who offered advice and comfort and support [all VERY well used, all VERY important] The_Internet
  4. Just to keep you all informed [and not to mention, amused by the DCA's usual modus operandi]... I sent back a reply stating I was complaining [and I did, cc to all parties]...they sent another reply, same day, stating they were going to make me bankrupt. No mention of due legal procedure etc etc, just waving a magic wand and making me bankrupt. I'm ignoring them, until the 30 days are over and then moaning like hell to OFT, Financial Ombudsman and TS until they are so sick of hearing from me, they'll do something. As it stands, [their local] Trading Standards are very familiar with the DCA and it seems something is in the offing, already, with regard to the volume of complaints they've already received [no doubt from CAG'ers!]. I know you're looking in DCA persons, but if I were you I'd be wondering what to do for a living, as inevitably, your days as a DCA operating outside the law, are soon to be over The_Internet
  5. Thanks, one and all! I'm ringing OFT in the 'morn, closely followed by TS. If they want a written complaint thereafter, I'm their person! ODC....they do sound RUTHLESS, don't they They are certainly CLUELESS, SCRUPLE-LESS and BRAIN-LESS Where I in their shoes, I'd certainly stick to the rules, given the penalties for not doing so. Thanks again, take care all, The_Internet
  6. Thanks Tiglet...appreciated! There's approx 7 days, until end of 30 day period [give or take a few days for bamboozlement purposes of any in-looking , inbred DCA ]. But I know they will write again, any day now with an even bigger threat! Will OFT and TS take any notice whilst the 30 days are unspent, so to speak? The voracity of the threats is worrying me, as it gets more and more vicious upon each letter I send saying 'stop it'. They haven't once acknowledged the CCA, deeds, statement request, despite 7 or so letters from them [demands with menaces!]. What is really irksome, is that they reply the same day they receive my [polite, non-gobby] letters asking them to cease harrassing me, with yet more threats. ANyways, thanks for all your help it is kind, and it is very much appreciated. The_Internet
  7. Hello All, A DCA [who shall remain nameless; but on looking here at CAG, they are one of the most despicable, brazen, cowboys spoken of], is not playing ball, and I wonder what your advice would be to deal with them? They simply do not answer my request for CCA etc [which, I know, is cutting off their own noses to spite their faces etc], continue to send threatening letters and when I respond to their threats saying 'your harrassment is unlawful, it is an offence etc and you are now in default' ....they simply step up the threats and are now "about to make me bankrupt". They are in default period, but not quite yet at 30 days thereafter. I really don't know what to do...I am unsure what body would monitor this behaviour nor act upon at, at such an early stage in the proceedings. Their 'trampling over' the usual process by non-acknowledging my recorded delivery letters etc etc and carrying on the threats is irritating and worrying, to say the least. Can anybody advise whom would take notice, at such an early stage? I thought most of the bodies concerned would want to wait until after the 30 days? Hope there is somebody who knows, thanks again for all your help, The_Internet
  8. Thanks yet again Sequenci, your continuing help for me...and MANY others, is a remarkable, selfless, act. I see that the letter I hve received is a standard one, judging by those who have also received the exact same correspondence here at CAG. It makes me wonder that...when they bought the debt [and I am convinced it IS a purchased one, now]...were they not compelled by law to have supplied to them/requested by them, the original CCA docs etc. I take from their response, also, that they don't have any assignment docs and aren't likely to supply them, ditto statement of account. That's fine by me :OP I see they are members of the CSA [Credit Services Association] CSA Website I think a complaint about 1st Credit [one of their members] will be winging their way to them, shortly. I urge all sufferers of 1st Credit's tactics, to complain vociferously; an upsurge in complaints will surely make the CSA think twice about allowing such people into their ranks [unless 1st Credit pay a good whack to be a member, then I suppose the quids talk louder than any complaint]. I will update, as and when etc! Hugs to all, The_Internet
  9. Update: 1st Credit have replied, within 24 hours. " Client: xxxxx Relating to account number: xxxxxxxxxxxx Balance outstanding: xxxxxxxxxxxxxxxxx Our Ref: xxxxxxxxxxxxxx Request for copy agreement I refer to your communication asking 1st Credit to provide you with a copy of the relevant agreement. We are advising our client of your request. This document will be sent to you as soon as possible. We will not seek to enforce the agreement until we have dealt with your request. Once you have received a copy fo this agreement we would expect you to contact this office immediately to arrange settlement of this debt." Could I ask a question or 2 on this, please? Thanks. 1] Does this imply that 1st Credit have NOT purchased the debt from the OC? The yare still their agents, in collection? 2] They make no mention of the deed of assignment docs, statement of account nor of any other of the elements requested or required of the CCA request...does this further imply they still act as agents? 2a] If they don't supply the deed of assignment, the statement of account but do supply an agreement [dodgy or otherwise] are they STILL in breach of the CCA request? Finally, can somebody please confirm, what docs they need to supply to make it a legally binding agreement under the CCA 1974? Many thanks, again I can only apologise for being so nervous, frightened and desparate...but that is exactly how I feel at this moment. Take care all, thank you for everything you have done so far, which is a lot. The_Internet
  10. MrsL....I hope that you, too, gain the sort of relief, help and 'weight lifting off shoulders' feeling that I have also benefited from, since seeing CAG. I cannot even begin to tell you how reading through the other posts imbibes a steady feeling of relief. Even though some posts seem to make you panic, wildly, it must be said that if you remain calm, collected and don't crumble [as I nearly did]...then you are in a better position to bite back and give MOR than you get. Sequenci....thanks for that; I will send CCA to 1stCredit, too, as your sagacious and experienced advice details. Undoubtedly, I will post again when a response is met! Thank you all for your patience...I hope to document the whole matter, in this roundabout way, so that others can track the progress through to completion. I have already drafted letters of complaint to the authorities, to be sent irregardless of the outcome....as 1st/Conartist have been utterly evil, throughout. Best wishes, to all, The_Internet
  11. Well, they moved quickly. I have received a letter from them saying: [snip] "The contents of your letter have been noted. However, we write to inform you that our files have been closed and returned to 1st Credit Limited [address here]. We should request that all future correspondence in relation to this matter is forwarded to their offices". Without jumping the gun [again!] I take this as a minor battle victory in the great war against 1st Credit/Conartists. However, no resting upon laurels now [please excuse all my metaphors, however mixed or incorrect they may be!].....I want to have closure against this problem, so what do I do now? Could I ask for opinions on the following, please? {yet again, I am so very much grateful for all your time, efforts and help; without CAG, I don't know how my mental health would be right now, seriously]. 1] Does the CCA I sent to Connaught also stand against 1st Credit? The time that has elapsed, so far in the matter of the original CC...can that still be applied against 1st Credit? 2] If NOT...do I now CCA 1st Credit? 3] Based upon other's experiences...will 1st Credit now get nasty and pursue like crazy. seeing as they've had the file returned to them, it must brass them off somewhat? 4] If the original CCA to Conartist CAN be applied to 1st Credit too.....what is my next step....await non-compliance from 1st Credit or remind them that the clock is ticking [do I legally have to advise them that the CCA is now pointed at them, so to speak]? I would like to know if the original CCA CAN be held against them, because if they DO contact me shortly, I'd like to be able to say to them that there is a CCA request in force and can they please get lost! Sorry for the verbals, above, I guess I am excited at seeing a possible light at the end of the tunnell, but fearful that I will slip back into the dark if 1st Credit start to get even nastier [thjey issued the SD, initially, albeit a ThreatoGram variety really]. Bless you, even though I am Atheist! The_Internet
  12. snip.. Again, you are angels to offer this level of help and advice. Thank you SO much for all that you have done. Sequenci, am I right in thinking that a money judgement can ONLY be gained in circumstances where a mortgage is present? As a NON home-owner [and with never having had a mortgage at all] this type of judgement may not apply to me? Thanks for all your time, I know that you must be exceptionally busy outside the Forum, as well as in it. babybear39...thanks for taking the time and effort, too. Your help and assurances have given a lot to me, not just in words. Hugs for you, too! I WILL be making a complaint to OFT, FOS and TS when this is done. I WILL make that complaint even if the CCA proves l100% legit....their collection tactics have not complied with the various laws that the forum has highlighted including harrassment and more besides. I WILL make the complaint, with the utmost glee either way, but especially if the CCA proves dubious or if it fails to appear. As far as I can see, the more complaints there are...the more inclined the offical bodies will be to deal with the matters at hand, and with a greater punitive force than if there were only 1 or 2 complaints. Again, thank you for everything. I will keep you all updated and advise how it has progressed. The_Internet
  13. Hello, Many thanks for ALL your helpful and kind replies, it is very much appreciated. To clarify a few things that I created some vagueness upon: 1] My debt is low double figure thousands. 2] 1st credit sent the stat demand, then Connaughts sent the 'we are ready to present a petition' letter 3] I sent the CCA ONLY after I received the 'we present a petition' letter from Connaughts...this after seeing all the help and advise in the forums. I, perhaps foolishly, ignored the stat demand and then this came. I could not ignore matters anymore. 4] I own no property, no cars, nothing of value. I earn very little and have 1 child. 5] The stat demand was entirely in-house and did not mention any issuing court etc, it simply said 'your local county court or high court' ...it did NOT name my local county court at all. 6] The SD arrived via normal post, second class. 7] So did the 'we can/will petition' letter I am still within the 12 days, so it is VERY early days yet for me. Thanks again for your clarifications, your help and your kind, kind hearts. The_Internet
  14. Before I ask anything, I should really thank you guys and gals, from the heart. I was issued a Stat. Demand via Conartist recently and then their follow up 'we are now ready to issue a petition' letter and I was suicidal...really, I was desperate and this went through my mind more than twice. Having a baby means I need to stay strong, for their sake of course. I looked around the 'net and was typing all sorts of unhlepful phraseology [disputing bankruptcy, stopping bankruptcy etc etc etc into Google. I then typed 'connaught collections', and you were the first, top most and second, third and fourth I think. Whatever, it was fated. I have since, with the previous posts of the helpers, users and admin staff and their collective advice, wisdom and experience witnessed here at CAG, sent my CCA to Conartist collections ltd. I await, with great nervousness, their response. I am jumping ahead of myself here, of course, but could I ask the following questions based upon their potential responses? Many thanks for your patience, I know you will have seen and replied to such similar requests a thousand times over...yet not anywhere have I seen any TRUE CAGGER, respond wearily or nastily [i did see a DCA posing as a CAGGER respond to many posts with a "pay up or kill yourself" attitude]. My debt is credit card, low double-figures. Unsecured, and unpaid for over 3 years now due to terrible circumstances in my life [won't bore you now]. The card was gained in the 90's. 1] Let's say they produce a fully working, fully legal, fully compliant etc CCA. Will I be able to repay at a ridiculously low amount? I earn a pittance, am in reduced circumstances and have a baby to support, too. I can barely afford food and yet am not entitled to much more through being self-employed etc [i do have WTAX credits and CTax credits]. If I have to repay anything, I can barely afford £3 a week, things are that bad. 2] Let's say they produce a questionable CCA; perhaps I could ask you kind people to advise me further? If it IS questionable...how do I lodge my complaint then? Via a court? How do I make it official that their agreement is [in my opinion] null and void? 3] I gather they are *likely* to refer it back to 1st Credit [who sent the original Stat.demand]. Where do I stand then? DO I have to start all over with them, CCA wise, or does the original CCA stand? 4] If no agreement is forthcoming after the 2+10+30 day period...how do I make it 'official' that they have failed in their duties an dthat the debt is now unenforcable? Do I need to register it in court? Do I need to register it with an official body of some kind? DO I need to send another form letter to them or an organisation of some type? Closure, with a company who work via illegal methods can't be easily or readily had, can it? Unless you use a 3rd party of some type, they'll just keep sending their threats, won't they? Apologies for the time and efforts I know it will cost to expend upon my enquiry; I hope that others will learn, and see, that if you learn a little -just to defend yourself against these monsters- you can end up killing the dragon. Thank you, yet again. The_Internet [my details are fully excluded from here due to avoiding 'spies' from the DCA, but I hope the questions are generic enough and that they will apply to all people no matter what the age, value, severity of their debt is]
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