The best one I had from our friends at robbin way was they do not need to prove the debt:confused: "If you want any money off me you do:lol:" came the reply;-)

To**er:wink:

subbing

We can all make mistakes in life, including DCA's, so previous payments can have easily been made by mistake...Payments made under pressure for example and just wishing to get the DCA off your back;) The main thing here is 'Proof' and to date I have not seen a single case of a County Court issuing a CCJ when there is no proof of the debt. Now I could be completely wrong and wiser folks here maybe able to refer me or you to examples of where this has happened, who knows. Research is the thing though, research and more research before making decisions regarding dealing with debt and especially DCA's. Be sure of your facts and then make sure again. I have real doubts that a CC would issue a CCJ without there being positive proof of a debt but I could be totally wrong, thats why I will keep on searching to see if I'm wrong, and if I am then why was the judgement given without positive proof of the debt, who knows that knowledge could one day be useful:)

The point has to be who knows of a court allowing a debt to be enforced when there is no agreement available that proves the debt? You see I've looked around for some while now and I have not found one case where this is the case. I would be delighted if someone could point me in the right direction. I have seen several cases where the court has asked a defendant if the debt is theirs, and upon the reply 'No', then that has been that. I would love to see some cases where the court has then gone on to say you still have to pay the debt even though you say it's not yours and there is no proof either. Those cases would be of interest, if their out there that is:)

Sounds like Mr Joss or Josh Hughes is a little weazel...you know the type, big bad boy when he's miles away hidden away in some smelly call centre. Face to face probaby wouldn't have the guts to look you in the eyes:rolleyes: Providing forum posts wouldn't prove a thing...what the little to**er and his beloved leaders need to do is prove the debt otherwise they would be laughed out of court:razz: And the fact that their offering a reduced settlement when they claim they have evidence of the debt only proves their talking pants. I'd tell the big bad boy:rolleyes: to 'go jump'

Signed........and will tell just about everyone I know the site address to get them to sign. I hope your watching Mr.Brown ( Or the Tory guy if he gets in );-)

I'm sure the more experienced members will answer you soon but they have 12+2 days to provide you with the requested information and then after that you are entitled to withhold payment if they don't comply. However the debt still remains and if some time later they then provide you with the requested documents (and they are enforceable) within the timeframe of 6 years of none payment then they can chase you for the debt. The 30 day time frame no longer applies.

Your full details are showing........I would remove immediately:eek:

Heard this morning that Radio 4 are working on a investigation into the behaviour of DCA's. Go to BBC - Radio 4 You and Yours - Home click on 'Work in Progress' and then have your say:) I have:grin:

Seems DCA's are asking the government for more power:mad: They want to have access to the Electoral Register:lol: Lets hope government ministers don't have a late night before they consider this one:rolleyes:

I sent them a CCA request several months back and received absolutely ziltch........ So I thought after a while that I would have some fun and tried to phone them. I could have waited for ages, the usual 'all our operators are busy' but I gave up in the end. So then sent them another letter telling them they could pi** o** from now on . I've still not heard a thing from them:p Interesting hey:)

:)A truely inspirational site.. Merry Christmas to all those who give up their time (And their Knowledge) to help those of us who have really needed them;) I really look forward to 2009........I couldn't say that about 2008:mad: Merry Merry Christmas:grin:

Hi ya:) I know how difficult it can be when you get this sort of thing happen, it has happened to me in the past. But I would strongly recommend that you do nothing. When I received such a call from a DCA after hearing nothing from them for months about a CCA request I had made, I phoned them just out of interest........hoping for good news I suppose. The call started off very friendly like but when it became clear to the operative that I was not going to back down regarding my legal rights things really turned nasty. Fortunately I'm not easily intimidated so I just kept quoting the CCA 1974 at him and laughing at his threats. However it could have got out of hand. So my motto from then onwards was an absolute "In writing only", just as the experts here advise. So it's difficult I know, but just sit tight. The DCA know the score, and the tricks, so don't let them trick you;) Good luck with it:)

I wouldn't bother replying to it.......it's just one of their computer generated pieces of rubbish which they send out every christmas:roll: It has no bearing on your CCA request.

Hi ya.... I wouldn't worry about a charging order:) that's an order made by a District Court Judge preventing a defendant from selling or disposing of specified land or assets without first resolving any fines or owed monies. As you don't have any property or major assets I wouldn't bother about it;)

If the OFT don't take up complaints regarding individuals, I was wondering who best to complain to if you want to make a DCA sit up and listen. With my dealings with then so far they seem to have little respect for the CCA Sections 77/78. I feel it's time to take things a step further with a formal complaint.......however I would like the complaint to have some teeth:mad: Any suggestions would be helpful:-)

I'm afraid that a certain individual in this thread is creating unhelpful confusion. I recently contacted Trading Standards regarding this issue and they confirmed that it is absolutely a legal requirement for a original creditor or a DCA (If they have purchased the debt) to provided the relevant documents under the Act if requested to do so by the Debtor. No if's or but's or quoting other legislation, an absolute requirement:p If the original creditor or DCA fail to do so then they are not allowed to pursue the debt until the requested documents have been supplied. Trading Standards made this very clear.......they also asked me to report to them any Creditor or DCA that continued to try and collect on any debts I may have if they have not supplied the documents requested under Sections 77/78 of the 1974 Act. Sure they can continue to pursue the debt if sometime down the line they find the required documents, but it is absolutely NOT backdated and they can only ask you to pay what you can afford not what they would like. If they are unhappy with that then they can always take you to court, then the court will decide what you can pay.........not the creditor or DCA. If your still not sure about the consequences of the CCA 1974, then contact Trading Standards..........a simple e-mail request will do.

Hi ya:) I've recently had contact with Trading Standards and the 12+2 absolutely applies.The legislation makes it very clear. Perhaps you could ask them (In writing obviously) to quote the legislation that supports their stand. Now that would be interesting;)

And then Transcom CBS:-D

Hello all. I was wondering if anybody could help me with a problem I am having with Trancom CBS, who are representing Arrow Global Receivables. To cut a long story short I have been unemployed for quite a while now, but am fortunate in that my family have been supporting me through this difficult time. I do not own any property and do not even have a car, basically I have nothing of any value. I lodge with my family. Some years ago I raked up several debts, and obviously now I am unable to pay them back. At present all I have to my name is the Jobseekers allowance that I receive which is worth £242 a month to me. I do at times get some part-time work but this is rare, and I always let the Benefit people know. All of the DCA's I have been dealing with seem to understand the situation and have accepted the minimal payments I make to them, and in truth I have not heard from most of them for months.........all except Transcom. Once I pay all these minimal repayments I am left with little or nothing from my State Benefit........but this doesn't seem to matter to Trancom. Even though they have received several income and expenditure forms from me they insist that I increase the payment of £15 a month I make to them. I have recently reminded them of the OFT Guidelines to DCA's, especially regarding asking for more money from a client than that client can afford......but it seems to make no difference to them. Today I received another letter from them, stating that they want a minimum payment of £106.39 per month, or legal proceedings may be instigated. They know to well that that is impossible, almost as if they disbelieve me. So, please, how can I make them see sense and get them of my back. All the other DCA's have been brilliant, but Transcom are now becoming rather upsetting. Any help would be appreciated.