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Alf-v- Droyds Debt & Collection Services


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yer well i know that as i ahve them on my credit file with no proof but i will be fighting them.

OFT debt collection guidance

 

Please remember the only stupid question is the one you dont ask so dont worry about asking the stupid questions.

 

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Just a quick question now they have written to say it is unenforcable but will still be registered with CRA.

I looked at my credit file last night and rather strangley there are no bad mark from empire/Droyds. The last entry for empire said account closed.

 

So if there has not been a default issued prior to them accepting they can't enforce the debt, can they issue one now? If they can, could someone explain how they can do this is they have no agreement for the said account.

 

Thanks

Alf

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they cant as they need to prove they have a signed cca 1974 for a mark to be put on your credit report.

OFT debt collection guidance

 

Please remember the only stupid question is the one you dont ask so dont worry about asking the stupid questions.

 

Essex girl in pc world looking 4 curtains 4 her pc,the assistant says u dont need curtains 4 a computer!!Essex girl says,''HELLOOO!! i,ve got WINDOWS!!'.

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From what i have read on this site on other threads yes. its best you ask pt about it tho but i will look for the post o saw it on in the mean time.

OFT debt collection guidance

 

Please remember the only stupid question is the one you dont ask so dont worry about asking the stupid questions.

 

Essex girl in pc world looking 4 curtains 4 her pc,the assistant says u dont need curtains 4 a computer!!Essex girl says,''HELLOOO!! i,ve got WINDOWS!!'.

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ok found the link.

 

I said pt would help and it is one his littlewoods thread. about the third or fourth post down on the first page.

 

PT2537's CCA request against Littlewoods (multipage.gif1 2 3 4 5 ... Last Page)

pt2537

OFT debt collection guidance

 

Please remember the only stupid question is the one you dont ask so dont worry about asking the stupid questions.

 

Essex girl in pc world looking 4 curtains 4 her pc,the assistant says u dont need curtains 4 a computer!!Essex girl says,''HELLOOO!! i,ve got WINDOWS!!'.

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they cant as they need to prove they have a signed cca 1974 for a mark to be put on your credit report.

They still put defaults on your Credit Report with regard to late payments whether or not they produce a CCA. Their friends in the CRAs are quite happy to accept the DCAs word as opposed to the Creditors and the only sure way to get them removed is to take the CRA to Court

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  • 1 year later...

holy thread ressurection batman!

 

hi guys, i was just googleing (is that a word?) droyds and came across this page, maybe its just me but surely if you have debt collectors coming after you its because you owe somebody money? Dont take this the wrong way, my ipod's full of piratebay mp3's lol (though i actually paid for my physical ipod!), isn't buying stuff from a catalogue and using a legal loophole to get out of paying for it basically the same as shoplifting?

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  • 4 months later...

droyds are forcing a debt against me for la redoute they say they will not accept less than 30.00 a mnth told them i could not manage yhis the small debt with them has nearly doubled with chareges i am not working and on med certs but they say im not covered against this does any one know if there is a limit to the amount of times a company can call i have yad 30 plus a day then they send a letter saying they have applieg late charges because they have tried io contact me but they never leave messages and you cammot call the number badk so you dont know who has rung any advise on barclaycard i have been paying back a 1000.00 debt for over 10 years still owe 1000.00!

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  • 4 weeks later...

have you been to see CAB or CCCS for advice regarding the phone calls im sure there is a letter template for harrasement ..by the ammount of times they phone ..cost me 75p on my mobile just to find out who called and it was vertbadet/redaroute

 

up till now i havent had any problems with droyyds DC until i phoned them up to pay my usual £5 a month and they said they couldnt accept any less than £15 from me ..told them id pay what was on letter and contact cab ... to which i recived another letter wanting £54 every 2 weeks ....only owe them £55 .. so will be getting £1 a month for their cheek

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heather i like your thinking.

 

Have either of u CCA'd droyds?

OFT debt collection guidance

 

Please remember the only stupid question is the one you dont ask so dont worry about asking the stupid questions.

 

Essex girl in pc world looking 4 curtains 4 her pc,the assistant says u dont need curtains 4 a computer!!Essex girl says,''HELLOOO!! i,ve got WINDOWS!!'.

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  • 2 weeks later...

I'm dealing with these guys too at the min. I've requested my CCA, enclosed the £1 and have had a letter back saying thanks for payment and a statement of future payments. I have written back to them today and copied my original letter to them asking for a copy of my signed CCA and reminding them they have until 23rd Feb to get this too me otherwise I wil be reporting them to the Office of Fair Trading as they are breaking the law. See how it goes from there.

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Right, got a letter on Sat from Redcats with an attached CCA, blank and un-signed, un-dated etc. basically it states that they enclose a copy of the standard credit agreement which I would have signed when I took out my account, I know I signed nothing. Where do I stand now??? Help anyone please?

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yep send them a letter saying account in dispute till you provide me with a signed copy of the cca. There is a copy of that letter on my droyds thread.

OFT debt collection guidance

 

Please remember the only stupid question is the one you dont ask so dont worry about asking the stupid questions.

 

Essex girl in pc world looking 4 curtains 4 her pc,the assistant says u dont need curtains 4 a computer!!Essex girl says,''HELLOOO!! i,ve got WINDOWS!!'.

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Account In Dispute

 

Ref:

 

Dear Sir/Madam

 

Thank you for your letter of xx/xx/xx, the contents of which have been noted.

 

You have failed to respond to my legal request to supply me a true copy of the original Consumer Credit Agreement for the above account.

 

On **DATE** I made a formal request for a true signed agreement for the alleged account under consumer credit Act 1974 s77/8. A copy of which is enclosed for your perusal and ease of reference.

You have failed to comply with my request, and as such the account entered default on **DATE**.

 

The document that you are obliged to send me is a true copy of the executed agreement that contained all of the prescribed terms, all other required terms and statutory notices and was signed by both your company and myself as defined in section 61(1) of CCA 74 and subsequent Statutory Instruments. If the executed agreement contained any reference to any other document, you are also obliged to send me a copy of that document.In addition a full statement of this account should have been sent to me detailing all debits and credits to the account.

 

Furthermore

 

 

You are aware that the Consumer Credit Act allows 12 working days for a request for a true copy of a credit agreement to be carried out before your client enters into a default situation.

 

If that request is not satisfied after a further 30 calendar days your client commits a summary criminal offence.

 

These limits have expired.

 

As you are no doubt aware section 77(6) states:

 

If the creditor 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.

 

Therefore this account has become unenforceable at law.

 

As you have Failed to comply with a lawful request for a true, signed copy of the said agreement and other relevant documents mentioned in it, Failed to send a full statement of the account and Failed to provide any of the documentation requested.

 

Consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS.

 

Furthermore I shall counterclaim that any such action constitutes unlawful harassment.

 

Please note you may also consider this letter as a statutory notice under section 10 of the Data Protection Act to cease processing any data in relation to this account with immediate effect.

 

This means you must remove all information regarding this account from your own internal records and from my records with any credit reference agencies

 

Should you refuse to comply, you must within 21 days provide me with a detailed breakdown of your reasoning behind continuing to process my data.

 

It is not sufficient to simply state that you have a ‘legal right’; You must outline your reasoning in this matter and state upon which legislation this reasoning depends.

 

Should you not respond within 14 days I expect that this means you agree to remove all such data.

 

Furthermore you should be aware that a creditor is not permitted to take ANY

Action against an account whilst it remains in dispute.

 

The lack of a credit agreement is a very clear dispute and as such the following applies.

 

* You may not demand any payment on the account, nor am I obliged to offer any payment to you.

* You may not add further interestlink3.gif or any charges to the account.

* You may not pass the account to a third party.

* You may not register any information in respect of the account with any credit reference agency.

* You may not issue a default notice related to the account.

 

 

I reserve the right to report your actions to any such regulatory authorities as I see fit.

You have 14 days from receiving this letter to contact me with your intentions to resolve this matter which is now a formal complaint.

 

I would appreciate your due diligence in this matter.

 

I look forward to hearing from you in writing.

 

Yours faithfully

BLAH

OFT debt collection guidance

 

Please remember the only stupid question is the one you dont ask so dont worry about asking the stupid questions.

 

Essex girl in pc world looking 4 curtains 4 her pc,the assistant says u dont need curtains 4 a computer!!Essex girl says,''HELLOOO!! i,ve got WINDOWS!!'.

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You are aware that the Consumer Credit Act allows 12 working days for a request for a true copy of a credit agreement to be carried out before your client enters into a default situation.

 

If that request is not satisfied after a further 30 calendar days your client commits a summary criminal offence.

 

These limits have expired.

 

As you are no doubt aware section 77(6) states:

 

If the creditor 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.

 

 

This is longer the case. The thirty day summary offence has been done away with and replaceced by the Consumer Protection from Unfair Trading Regulations 2008

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Yeah i did not see that nicked the letter off a old thread.

OFT debt collection guidance

 

Please remember the only stupid question is the one you dont ask so dont worry about asking the stupid questions.

 

Essex girl in pc world looking 4 curtains 4 her pc,the assistant says u dont need curtains 4 a computer!!Essex girl says,''HELLOOO!! i,ve got WINDOWS!!'.

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  • 6 months later...

Hi,

 

Can anyone help me with a contact number for Droyds. I had been paying them £3 per month since 2002 and now I have a company called Lowell trying to get money from me for the same debt. Lowells are saying I have defaulted on my payments when I have NEVER even made a payment to Lowell. I am very confused about it all and I can't find any information to contact Droyds to find out what is going on.

 

Any help would be appreciated.

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They have transferred the debt, but Lowells are trying to get the original amount, not taking into consideration the money I have paid to Droyds.They are saying I have only paid £36 in the last 6 years, when it is £36 per year I have paid. I am trying to gather information because they just will not listen to me and I refuse to pay the amount twice. It is very frustrating to say the least.

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