Inside a DCA!

[onthebrink]

Hi very informative!

My friend has only one debt to a credit dard in default, they have produced no CCA and has been along while so dont expect to see it.

If however he still offers to a full and final aslong as they remove default, are they likely to go for that?

 

If the DCA and creditor agree to the amount he is offering then they will mark the account with the CRAs as 'partially settled' and have a £0 balance on the account.

 

You would need to get his credit report (give it a couple of months to update) and just make sure the record is updated.

 

In truth, the DCA will just notify the CRA of the settled account and it is possible the default will remain. Ensure you add in the F&F letter the condition of default removal. But I'm not sure if default will actually be removed.

[lickthewallfatboy]

onthebrink-what do you make of this one?

 

Marlin have been hounding me for an"alleged debt" since the end of last year.I wrote asking them to prove what I allegedly owed,as I hadn't a clue who they were....

 

They first asked for a specimen of my signature(ahem)

 

Request ignored....

 

They then issued a court threatogram,which was rebuffed by an equally,if not more effective threatogram from this end......

 

They are now nicely asking for a driver's licence,passport or something else which will officially confirm my signature and date of birth,because-wait for it-

 

 

"if they sent me a copy of the CCA and I wasn't actually the person they were in the belief was their customer they would be breaching the Data Protection Act...."

[tomterm8]

When you are a DCA staff member you are required to collect as much money as possible. On the wall of the office was an tv screen that detailed the recovered amount per 'client' (Halifax) for the proceeding day. It was the first thing that the staff checked when they arrived at 8am.

 

Debts over 2 years old.

Debts in dispute.

recommend CCJ.

 

 

I have a few questions:

 

1. What triggers the decision to go for a CCJ?

* particularly, how likely is court action against someone on benefits, with no equity?

* how likely is court action against someone where the debt is years old.

* Who makes the decision to continue litigation if the action is defended?

* Even if the DCA formally buys the debt, is it still the OC who decides if court action will start?

 

2. what effect does the time of month have, in terms of accepting settlements. i've heared people are more willing to offer settlements near the end of the week, month, and especially financial year.

 

3. in terms of higher management, is the role of an account manager actually considered akin to a salesperson.

 

4. What were the most effective tactics used by a debtor against your firm by particular rogue debtors.

 

5. How did your firm react to people getting the debt charities involved, or raising formal complaints with the OFT etc.

[Dorabell]

Hi onthebrink can you tell me why a dca can put a default on a credit file 12months before a debt is assigned over from the oc, im puzzled

[tiglet]

subbing in - you're going to be a busy bunny onthebrink.

[onthebrink]

onthebrink-what do you make of this one?

 

Marlin have been hounding me for an"alleged debt" since the end of last year.I wrote asking them to prove what I allegedly owed,as I hadn't a clue who they were....

 

They first asked for a specimen of my signature(ahem)

 

Request ignored....

 

They then issued a court threatogram,which was rebuffed by an equally,if not more effective threatogram from this end......

 

They are now nicely asking for a driver's licence,passport or something else which will officially confirm my signature and date of birth,because-wait for it-

 

 

"if they sent me a copy of the CCA and I wasn't actually the person they were in the belief was their customer they would be breaching the Data Protection Act...."

 

LOL

 

Don't ya just love um.

 

I would point out that it is they that need to justify the debt is owed, the onus of responsibility is firmly in their court.

I would also point out that they have a legal responsibility to provide the information requested under a CCA request.

I would add that you are not refusing their request for the information and would be happy to comply to any county court in England.

[onthebrink]

I have a few questions:

 

1. What triggers the decision to go for a CCJ?

a) if all other options of recovery are exhausted

b) if the creditor would obtain an increased likelyhood of recovery

c) if you have positive equity in you home to allow for a charging order

d) you are in full time employment - to allow an attachment of earnings

e) no response to efforts of recovery

f) refusal to pay

 

* particularly, how likely is court action against someone on benefits, with no equity?

limited but not impossible, it would depend of the total debts owed to all creditors.

 

* how likely is court action against someone where the debt is years old.

Depends on how old, if they have been paying small amounts, if the debtor was traced to a new address, etc.

* Who makes the decision to continue litigation if the action is defended?

The creditor on the advice of their solicitors.

 

* Even if the DCA formally buys the debt, is it still the OC who decides if court action will start?

No. If the OC has sold the debt then the DCA will determine recovery action. Please be aware some purchase contracts stipulate that their will be 'joint liability' for the recovery of the debt. In these cases the DCA has 'purchased' the debt at a reduced rate (say 7p in the £) but must still obtain permission from the OC to go to court.

 

2. what effect does the time of month have, in terms of accepting settlements. i've heared people are more willing to offer settlements near the end of the week, month, and especially financial year.

F&F settlements are determined on a number of set criteria and end of financial year settlements are not uncommon (you would however, need to find out when there end of year falls (March/Dec) and also take into account that all business have a 'close down' period that can fall into the new finance year). Week or month end settlements have less impact.

 

3. in terms of higher management, is the role of an account manager actually considered akin to a salesperson.

Yes. they are the workhorses of the DCA and are call 'account managers' to give the perception to debtors they are important, but the reality is they are likely to be in their late teens early tweenties and are their to turn over the debtor accounts as quickly as possible.

 

 

4. What were the most effective tactics used by a debtor against your firm by particular rogue debtors.

I'll return to 'strategies' later in the week.

 

5. How did your firm react to people getting the debt charities involved, or raising formal complaints with the OFT etc.

Charities are unpopular with DCAs because they know the debtors 'rights' and used that knowledge appropriately. The CAB are seen as an inconvience because they are seen to hamper the process rather than help, and to be honest, a bad debt advisor from the CAB could give away far more infomation than was required, often not helping the debtor at all.

Complaints to the OFT were often shrugged off by the DCAs, we would get at least one a week and they would result in a 'you must do better' request. But the DCA would not change a thing.

[diskmandave]

Just to add my thanks onthebrink...

 

Thanks for a very informative and well presented thread.

 

Regards & best wishes, Dave.

[onthebrink]

Hi onthebrink can you tell me why a dca can put a default on a credit file 12months before a debt is assigned over from the oc, im puzzled

 

In MOST cases it is not the DCA that registers the default with the CRAs, it is the OC. If the DCA is an in house DCA, then they will register the default, but they are only a DCA in name and actually are often staffed by OC staff.

 

A default notice is normally registered with the CRAs 90 days after the last contracted payment is received. From that point on the OC can assign the debt to a DCA.

[onthebrink]

Just to add my thanks onthebrink...

 

Thanks for a very informative and well presented thread.

 

Regards & best wishes, Dave.

 

Thank you.

 

 

Just to answer a PM question (please guys/girls don't be shy, put your questions in the thread - I don't bite).

 

Should I talk to the DCA when they call?

 

Not every call NO. Once you have notified the DCA of your financial status and offer of payment and followed this up with a letter then responding is your decision. You should only tell them as much as they need to know in order to determine if they will accept a payment plan.

[blue4ever]

--

[jonni2bad]

blue - you need to keep that to your own thread and seek help away from this one, otherwise we will end up cluttered with random questions.

 

If you need help starting one, let me know.

[Tila]

Hi Onthebrink

 

A fantastic thread, very very informative. I have some qustions for you if you don't mind?

 

1) what's your advise on Bank overdraft debts that are years old? I know they are apparently not covered by CCA but some OC DCA think they are and respond in similar fashion as like credit cards.

 

2) what's the best way to get rid of DCA /OC etc who have been trying for years and years?

 

3)I had a CCJ years ago that has disappeared (only just realized after obtaining my Credit file). I have been paying Brachers Solicitors £10/month every month since judgment (shame I didn't come across this site then eh?)

The problem is I can not fir the life of me remember how much this was and wether i have actually paid it off and am still paying unnecessarry?? Have written to Brachers many many time but they just don't reply. If I still owe them from initail judgement what can they do if i stop paying? can they default me? and will me CCJ ome back again?

 

Thanks again for your help, I know ur v busy today with all replies etc..

 

T

[ScarletPimpernel]

lease be aware some purchase contracts stipulate that their will be 'joint liability' for the recovery of the debt. In these cases the DCA has 'purchased' the debt at a reduced rate (say 7p in the £) but must still obtain permission from the OC to go to court.

 

These will be simple assignments, then. This may well help to explain the 'rights but not duties' mantra trotted out by so many low-end DCAs. We know that in many cases it's simply bolleaux, but it may be that in other cases that it's a simple assignment and we can go after the OC as well.

[The GodMother]

Thanks for your question.

 

The honest answer is that it is most likely that the DCA have received assurance from the OC that there is no foundation to the dispute. Any paperwork you subsequently sent them will be noted but passed to the OC.

It is likely (although I do not know for sure) that the OC refused to accept liability for the orginal error and thus asserts the debts is owed.

 

The DCA would continue to pursue the 'debt' on the basis that the assurance they have from the OC overrides your arguement (no matter how legally sound it was). This often continues untill either it is recalled by the OC or the debtor takes legal action (as in your case). The account is then passed back to the OC and more often than not just sent to another DCA.

 

This ping pong game is sadely common within the industry and to be honest, the fault sits with the OC, and any action should be forcefully pursued with them.

 

All DCA will 'process' the debt until such a time when it becomes 'to hot to handle' the they wash then hands of it and pass it back to the OC.

 

On the subject of 'lost paperwork' I am sorry to say this is another common practice. Often, the DCA account manager will read the letter and if that information is already on the file they will just shread you paperwork. When you call to say 'oi, I sent you paperwork' the account manager will not remember and try to confirm a date you sent it. they will then look on the system and see nothing registered around that date. They then state 'nothing was received', which can be bloody frustrating.

But the fact is DCA have a practice of not duplicating information, but as a minimum the account manager should note ' letter received same as note 4 above, etc.' But they don't most of the time.

 

Hi and thanks for the reply.

 

What concerns me about this matter is that the OC and DCA have all signed for the paperwork and have all had the evidence regarding this as in bank statements and official letters from our bank and the OCs bank to say that the money was paid and the money was recieved.

 

How can they just ignore the evidence and how can they just ignore letters that were sent especially when they are signing for them as the debitor will have proof the letter was signed for?

 

Also how can the OC refuse to accept any liability for the missing payments with the large amount of evidence and even there own bank saying the money is there?

 

Thanks for being so understand with us and for answering all our question BTW as you will understand some of us are having quite a few problems with DCAs.

 

Chrissi

[sosumi]

Onthebrink, I think I love you!

Seriously great thread, and many thanks! xx

[Patma]

Hi Onthebrink,

It's good to meet you. Can you tell me please if it's legitimate for an OC to issue default notices when no actual payments have been missed? The default notices never arrived either but the accounts were passed on to DCAs after that and the hounding began.

Thanks for a brilliant thread which is answering lots of questions.

[The GodMother]

A question regarding a different DCA/OC.

 

I am just going to give you a bit of backround before i ask the question as this may help u.

Now the DCA is the in house for the OC they are operating under a different name but it is pretty obvious they are the same company when you look at the paperwork and when you look on line.

 

I had 2 different accounts with a company under there sub companys.

Now i queried the account with CCA requests and they passed the accounts to there in house DCAs.

 

I requeried the CCAs and got back nothing that was a CCA just a couple of statements and the other account i got back a blank CCA asking that i fill it in and send it back.

 

Sent them a non compliance letter and then after about 6 weeks they wrote to me saying they accepted the CCA was unenforcable and dropped the account and sent it back to the OC who then cleared the balance.

 

A couple of days before the letter telling me the DCA has dropped the file and the OC had cleared the balance they registered a deafult on my credit referance file but the amount it settled and stands at zero. I have contacted the OC and they claim it was not them and the DCA claims it was not them. They have refused to remove the deafult. They have the deafult amount at zero not anything else.

 

How can either company say it was the other and how can they register the deafult as correct if the amount is zero and no body will admitt to puttin it there?

[ananya]

Hi onthebrink and thank you for sharing some invaluable information with us all

[Movingon]

I will respond but just need you to confirm what CL is?

 

:-?

 

CL is C L Finance (a DCA) and their solicitors (HC) are Howard Cohen and Co.

 

They are particularly noted for buying a debt, banging in an immediate Claim to court (using incorrect - usually former - addresses for Defendants) and then selling the debt with a shiny new CCJ attached to other DCAs at a profit. I have a name for companies like this.

[stapeley]

Very good ,good info . I think its very clear there are a huge number of unenforceable accounts. If you have any doubts you must fight back against the tactics used by the DCA,S . The info provided shows that phoning these companies must be avoided and contact should be by letter only . This thread make me more focused on dealing with them .

[Saffronflowers]

Just wanted to say thank you so much for sucha brilliantly informative thread, it really will help so many people. I would also like to thank all the posters for respecting OTB and for valuing his fantastic information.

 

SFx

[lickthewallfatboy]

I think a few well placed reputation clicks wouldn't go amiss either!!

[Saffronflowers]

Done LTWFB!!

 

SFx

[stapeley]

I do note the dates the insider worked there . Shame theres no one t o update us all !