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Help please - Direct Legal and Collections


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Hi!

 

I have had a letter through today from this DCA.

 

It relates to a balance owed to my car insurance company of £450.

 

Basically, they provided such poor customer service over the time that I was with them, that after 4 months of being with them, I cancelled my policy with them.

 

During this 4 months I did not have a claim. I tried on several occassions to set up a direct debit with them, but due to their inability to do so correctly, this never happened, and when my wife was subject to a threatening phone call from them, I cancelled my cover with them and refused to pay any amount due to them.

 

It seems they have passed the amount for the 4 months over to this DCA.

 

My question is, can I go down the route of claiming that this debt in unenforceable, as I have never signed anything with them?

 

Any other information or help would be appreciated!

 

Thanks.

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if you have cancelled, why are they pursuing you for payment?

 

weird.

 

sorry, meant desperate.

post office WON 12/11/06

 

abbey.LBA sent 30/10/06.MCOL claim submitted 8/11/06.allocation questionnaire sent 16/12/06.schedule of charges sent 16/12/06.WON

 

2nd abbey claim SAR sent 3/1/07.WON.complaint letter sent 18/1/08

 

alliance and Leicester.WON

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if you owe the money you really should pay it - but not to the DCA, bowlarks to them. they would have bought the debt for around £45, and are looking for a quick buck.

 

whether or not the debt is unenforceable is neither here nor there - we on CAG dont advocate debt avoidance.

post office WON 12/11/06

 

abbey.LBA sent 30/10/06.MCOL claim submitted 8/11/06.allocation questionnaire sent 16/12/06.schedule of charges sent 16/12/06.WON

 

2nd abbey claim SAR sent 3/1/07.WON.complaint letter sent 18/1/08

 

alliance and Leicester.WON

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I don't believe that for one minute.

 

From all of the threads that I have looked through, everyone has built up some form of debt or another, and the advice is always to 'CCA' whoever is chasing them.

 

Surely that is debt avoidance? How is it different if I have had purely appauling customer service and my wife be the subject of verbal abuse so refuse to pay an amount to an insurance company, to other people borrowing moeny to purchase goods or live on, and then look for ways out of paying this back?

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Hi Darren.Reading,

 

Just to clarify.

The CCA is used to ensure that the person who claims you owe them money actually has the legal power so to do.

If you hand over money just cos they tell you to, what do you do when another person comes along with the correct paperwork? Get your own debt collector? It's far easier just to establish the true legal position at the first hurdle rather than the last.

CCA requests are a legal right put in place to protect us the consumer.

 

Newborn

Beaten:

RBS: £4,500

AMEX: £4,200

Barclaycard Visa: £12,100

Barclaycard M/Card: £12,600

(Including the numerous DCAs they have set on me.)

PPI reclaims (into my bank account): £25,000

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I don't believe that for one minute.

 

From all of the threads that I have looked through, everyone has built up some form of debt or another, and the advice is always to 'CCA' whoever is chasing them.

 

Surely that is debt avoidance? How is it different if I have had purely appauling customer service and my wife be the subject of verbal abuse so refuse to pay an amount to an insurance company, to other people borrowing moeny to purchase goods or live on, and then look for ways out of paying this back?

 

Hi Darren

 

We do not advocate debt avoidance. However, we will help with debt management. Asking if a collector has the right to collect on a debt is one way in which we advise some to check that they are paying their money to those who are authorised to collect it.

 

However, in your case - I am not sure what your point is. You say that you were "with" your insurance company for 4 months before you cancelled. Why are you now disputing this debt?

Any help and advice is offered in good faith, based solely on my own knowledge and on experience gathered from this site. I am not qualified to offer legal or financial advice, which you should seek from an expert before making any important decisions. My opinions are therefore offered without liability.

 

If I've been helpful, please click my scales. :-)

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The simplest way of looking at debt seems to be:

 

If you accept the debt then pay it.

If you don't accept the debt, fight back and make them prove the legitimacy of the debt and their right to collect it in a legal manner.

 

It's got nothing to do with debt avoidance, merely ensuring you only pay legitimate debts to authorised creditors in line with the law.

 

If you had 4 months cover, irrespective of whether the customer service was of poor quality, you still had a service provided to you by this company, therefore you owe the insurance company the money, not the DCA.

 

The advice you have been given is simply to question the DCAs right to collect the money

 

If the complaint had been resolved by the original Insurance company the DCA wouldn't have become involved.

 

Try Ignoring the DCA and take it up with the Insurance companies complaints procedure. They started it, make them deal with it.

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