Inside a DCA!

[onthebrink]

Ah! But did he do it on purpose or is he undercover, or is he a shameful debtor like the rest of us????!!!

 

I look forward to your response OTB!

 

 

Regards,

 

 

Corn x:)

 

DCA staff, past present and future have access to the internet and google makes the world a much smaller place.

[onthebrink]

Oh god, I'm so sorry...

 

No worries. I have given a detailed response in my PM.

[onthebrink]

NO NO! Don't apologise! I didn't mean to scare you!!

 

I just thought that as this thread was about the workings of debt collection agencies, it might be better, under the circumstances, for you to have a whole thread to yourself regarding Mary's issues! New threads tend to get a lot of attention!

 

If you need any help with that, then please do let me know!

 

A hug for scaring you.....

 

Regards,

 

Corn x:)

 

Group HUG

[onthebrink]

Congratulation to OTB for a truly amazing and useful thread. I hope you have good cover!

 

I have a couple of questions though :

 

I liked this question because it really got me thinking!

 

How do you deal with an DCA and their solicitors when you have spent 16 months trying to communicate with them and they have never answered a single, solitary letter and have ignored your S.A.R - (Subject Access Request) and your CCA requests? I am talking around 26 letters in fact, which have all been received and signed for.

 

How do you deal with a DCA who has filed a claim, despite all the above) at county court (a claim that will be fast-tracked due to the size) despite the OC admitting that they converted documents unconnected to the "debtor" in an attempt to concoct an enforceable agreement? Oh and put all the wrong information on it, at that!

Basically because they 'think' they have the legal edge (your just a debtor, what do you know? yes, it's called arrogance ). They must have a valid CCA with all the prescribed terms (or what they percieve to be a valid CCA ) and they must believe they can enforce the debt. But I'm confident you have your defence prepared.

 

I am more surprised that the Solicitor for the DCA is extremely well known and "high end" yet they can't respond to letters? Why is that? Further, why they have advised their "client" to litigate is beyond me. Will they withdraw after my defence is submitted? What do you think OTB???

I don't think they will withdraw, what is more likely to happen is the district Judge will give them a deadline to provide you with the information you request in your defence. If they have that info (CCA, etc.) then most likely they will supply it (I mean they have to because the judge won't proceed without compliance), if they don't have that supporting evidence the claim will be thrown out and you SUE them.

 

 

I have, thankfully, been able to afford a Barrister (on a time spent and reduced fee basis) to represent me in Court. I ought to say that the reason for this is that in my experience, the Judge does not appreciate a Litigant in Person, however, their tune is very much changed when a Barrister comes into play. That is just from being an observer in Court. I wouldn't put myself through it after that! Sorry that is slightly off topic but was touched on earlier in the thread.

I agree. There is nothing better to get a DCA/OCs attention than have a solicitor on YOUR side. A good solicitor can really be an excellent investment. Judges prefer to deal with legally qualified staff to be honest, mainly because they don't have a lot of time and need everyone to quickly understand what her dertermination is without explaining it. That is not to say you have to get a solicitor, but it helps. So does going to court prepared.

 

Regards,

 

 

Corn x:)

 

Why they haven't complied with your CCA and SAR still confuses me tbh (scratches head). There is no reason not to.

[Cornucopia]

Why they haven't complied with your CCA and S.A.R - (Subject Access Request) still confuses me tbh (scratches head). There is no reason not to.

 

I have absolutely no idea, really, not a clue. I have sent two CCA requests, one 16-odd months ago and one about a year later. I have also SAR'd them twice. Nothing. I have proof of postage and receipt. I have tried very hard to engage in dialogue, but they have completely and utterly ignored me.

 

I have an excellent defence (I believe!) and I will PM to tell you why as the matter is subject to litigation and I would prefer not to post on a public forum.

 

Regards,

 

Corn x:)

[onthebrink]

I have absolutely no idea, really, not a clue. I have sent two CCA requests, one 16-odd months ago and one about a year later. I have also S.A.R - (Subject Access Request)'d them twice. Nothing. I have proof of postage and receipt. I have tried very hard to engage in dialogue, but they have completely and utterly ignored me.

 

I have an excellent defence (I believe!) and I will PM to tell you why as the matter is subject to litigation and I would prefer not to post on a public forum.

 

Regards,

 

Corn x:)

 

Yea that's fine.

 

There appears to be no logic to their ignorance, and that's why I had to mull it over in work today, and the only 'excuse' I thought of was if the debt was less than £1k, then it would be 'uneconmical' to engage in legal conversation with you. But that attitude always fails in court.

[Cornucopia]

Yea that's fine.

 

There appears to be no logic to their ignorance, and that's why I had to mull it over in work today, and the only 'excuse' I thought of was if the debt was less than £1k, then it would be 'uneconmical' to engage in legal conversation with you. But that attitude always fails in court.

 

It is WAY WAY more than £1K.

 

I have PM'd you.

 

Regards,

 

Corn

[onthebrink]

I was going to do a 'chapter' on strategies that work, but there is still an arguement in my mind as to whether its a good idea!

 

I always stated that I would give honest independent advice not tainted by 'morals' or 'emotion', and not underpinned by justifying or not, as the case maybe, the job of the DCA. I would tell it as the DCA/OCs see it, so you could at least understand the 'process'.

 

BUT, by giving strategies that will help, will move me away from the 'independence' I have and may compromise the advice I provide in future. Is jumping off the fench the right thing to do? Something to mull over I suppose.

[Cornucopia]

I was going to do a 'chapter' on strategies that work, but there is still an arguement in my mind as to whether its a good idea!

 

I always stated that I would give honest independent advice not tainted by 'morals' or 'emotion', and not underpinned by justifying or not, as the case maybe, the job of the DCA. I would tell it as the DCA/OCs see it, so you could at least understand the 'process'.

 

BUT, by giving strategies that will help, will move me away from the 'independence' I have and may compromise the advice I provide in future. Is jumping off the fench the right thing to do? Something to mull over I suppose.

 

It will also, eventually, alert the DCA's to such strategies and give them reason to close their "loopholes".

 

A difficult call, because I, for one, am DYING to know!!!!

[Michael Browne]

You could always start with 'strategies that don't work' , leaving us to work out the ones that do;)

[onthebrink]

You could always start with 'strategies that don't work' , leaving us to work out the ones that do;)

 

Quality

[matsinlondon]

I completely agree. After all, necessity is the mother of invention. I for one am less interested in strategies that "work" or may have worked than those that don't. I don't doubt that all these illogical responses or illogical lack of responses are in fact very logical, if you can see it from the other side. I'd rather understand the thinking and go from there than copycat a tactic.

[cashins]

I don't doubt that all these illogical responses or illogical lack of responses are in fact very logical, if you can see it from the other side. I'd rather understand the thinking and go from there than copycat a tactic.

 

Have to agree with that.

 

The job of a DCA is to get money in. It is safe to assume that they work on the assumption that you are a won't pay unless it eventually becomes pretty obvious that you are a can't pay.

 

I unfortunately, am firmly in the last category in that if I work until I am 100, I will still owe money. (How, why, who's to blame, whatever, is totally immaterial, that's the situation).

 

All DCA's work on the shout priciple, he who shouts loudest will get something, that is, if anyone is going to be payed at all. The problem is sorting out who you better pay or else!!

 

In my case I have 1 Creditor I told to bogger of six months ago and so far they have. Another I think have got the goods, so unless they make life immpossible, they will get paid something. The problem is how to play the ones in the middle, which are not clear cut and that's where I could use some help.

 

OTB - quick question. How does the size of the debt figure in the equation, ie, it's to big to put through small claims, etc.

 

David

[The GodMother]

Small claims will take debts/claims up to £5,000.00

[master woody]

I was going to do a 'chapter' on strategies that work, but there is still an arguement in my mind as to whether its a good idea!

 

I always stated that I would give honest independent advice not tainted by 'morals' or 'emotion', and not underpinned by justifying or not, as the case maybe, the job of the DCA. I would tell it as the DCA/OCs see it, so you could at least understand the 'process'.

 

BUT, by giving strategies that will help, will move me away from the 'independence' I have and may compromise the advice I provide in future. Is jumping off the fench the right thing to do? Something to mull over I suppose.

 

 

Agree, I don’t think we want to start aiding the debt avoiders

This sites all about letting people know their rights, helping them out of debt and stopping DCA walking all over them. Divorce, addiction, redundancy, illness and change of circumstances are all part of life. Loaning money is a risky business.

The DCAs should work with people not try and walk all over them!

A strategies that don’t work ie running away ect… would be good but also a section on " how to make the DCA see sense would be good to"

[pford]

a section on " how to make the DCA see sense would be good to"

 

 

1. keep hitting them over the head with a mallet.

[JonCris]

My view is if the debtor has already repaid the equivalent to the debt & or is being pursued aggressively by DCA's then it's just too bad if the persecuted debtor finds a way of not paying & stopping the harassment.

 

The finance industry only have their own avarice to blame for the situation they now find themselves in....consumers refusing or finding ways not to pay because they are sick of being bled by lenders if they make the slightest mistake in managing their finances

 

Sorry but the day I feel sympathy for lenders, any lenders, will be the day Hell freezes over

[andrew1]

When we started the Cabot Fan Club we said from the very outset " all we want them to do is abide by the law" that was all and I don't think many on here feel much differently. We only started hammering them and the other dca's because they just wouldn't do what the law states they should and we will continue to do so until they stop playing their own stupid games and trying to get away with what they have done for the past 40 years. Some are changing, others are taking longer to get the message, but overall we are winning over, it just is hard for them to realise their game is up. Keep up the pressure, keep complaining, keep making sure they provide you with the information you require and are entitled to under the law of the CCA and maybe, just maybe they'll get the message however much it hurts them. I do not feel one bit sorry for them, I have to run my own business within the law and so must they. If they don't? well, they have to take whats thrown at them. Keep on using the synergy of this forum and others and keep hitting them where it hurts until they do as they are supposed to. That's ALL we ask.

 

 

Sarah

[JonCris]

When I have on rare occasions dealt with a DCA that has tried to be helpful & polite they have, in an effort to resolve matters to everyones satisfaction, got my complete cooperation.

 

Those that haven't are left swinging in the wind - period

[slc79]

A letter was recently sent to my address to someone unknown but with with the same surname, a different title and initials. Of course I didn't open it as it was addressed to someone else, but as it went in the trash the envelope tore. It was a DCA letter chasing an outstanding debt from Southern Water.

 

Dear Miss ???

Having confirmed your current address our client is anxious to resolve the outstanding debt.

You must call us immediately to arrange repayment of your outstanding debt.

If you are not the person named above, please accept our apologies and call us on 0845 40 224 30 to confirm this. If you do not call to tell us we will assume that you are the correct person.

Should we not hear from you within 7 days of the date of this letter, we may commence legal action to recover the outstanding debt.

Yours sincerely,

Advantis Credit Ltd

 

Now, first of all, any letters not addressed to a known person at my address would be binned. However, this company expects a stranger to open someone else's post and phone them to say that they are not the addressee. Is this some kind of breach of confidentiality or malpractice?

 

Also, this evening had a weird call. It may have been a voice activated message as they did not ask who they were talking to. The line was fuzzy, I said hello, hello, then a voice said, "Hello, this is an important call from Advantis Credit. Please phone on 0845." I put down phone in mid sentence as the woman did not ask for me by name. Is this another breach of customer confidentiality? I do not know this company, have no debts, and have been getting loads of marketing calls recently and am pretty fed up with unsolicited calls.

 

Could anyone tell me if it is safe to ignore. Pretty weird on their letter that they say, "Having confirmed your current address, our client is anxious to resolve the outstanding debt." I've never had letters or correspondence from any of these people before and have been at this address for several years.

 

Help!!!

[Rahl]

I know they say ignoring a dca, burying your head in the sand etc is not a stagedy that works , but people with statute barred debts today never had sites like this to go and visit, who knew anything about the statute of limitations then (mid 90's), other than the legal profession.

 

I don't know if it's a good method to use today or not, but that is what I did in the 90's. I tried to pay these people but the letters and calls were incessant, at work at home. One day I just stopped dealing with them , binned the letters, told them to f off on the phone and assumed the position of what would be the ideal stance for somebody attempting to get a debt statute barred , except in those days I didn't know it . So that did work, at least for me.

[onthebrink]

Have to agree with that.

 

OTB - quick question. How does the size of the debt figure in the equation, ie, it's to big to put through small claims, etc.

 

David

 

The balance owed will have a significant difference. The smaller the balance the quicker the point will come when it is 'uneconomical' to pursue, whereas the higher the balance the greater need will be to recover the debt and less likely that it will just be written off. But the ultimate determination on the outcome of any debt is the assessment of your ability to pay, or more accurately, the OCs ability to recover (through CCJ, charging order, Attachment of earnings, etc.)

[onthebrink]

Agree, I don’t think we want to start aiding the debt avoiders

 

This sites all about letting people know their rights, helping them out of debt and stopping DCA walking all over them. Divorce, addiction, redundancy, illness and change of circumstances are all part of life. Loaning money is a risky business.

 

The DCAs should work with people not try and walk all over them!

 

A strategies that don’t work ie running away ect… would be good but also a section on " how to make the DCA see sense would be good to"

 

Interesting comments.

[onthebrink]

A letter was recently sent to my address to someone unknown but with with the same surname, a different title and initials. Of course I didn't open it as it was addressed to someone else, but as it went in the trash the envelope tore. It was a DCA letter chasing an outstanding debt from Southern Water.

 

Dear Miss ???

Having confirmed your current address our client is anxious to resolve the outstanding debt.

You must call us immediately to arrange repayment of your outstanding debt.

If you are not the person named above, please accept our apologies and call us on 0845 40 224 30 to confirm this. If you do not call to tell us we will assume that you are the correct person.

Should we not hear from you within 7 days of the date of this letter, we may commence legal action to recover the outstanding debt.

Yours sincerely,

Advantis Credit Ltd

 

Now, first of all, any letters not addressed to a known person at my address would be binned. However, this company expects a stranger to open someone else's post and phone them to say that they are not the addressee. Is this some kind of breach of confidentiality or malpractice?

 

Also, this evening had a weird call. It may have been a voice activated message as they did not ask who they were talking to. The line was fuzzy, I said hello, hello, then a voice said, "Hello, this is an important call from Advantis Credit. Please phone on 0845." I put down phone in mid sentence as the woman did not ask for me by name. Is this another breach of customer confidentiality? I do not know this company, have no debts, and have been getting loads of marketing calls recently and am pretty fed up with unsolicited calls.

 

Could anyone tell me if it is safe to ignore. Pretty weird on their letter that they say, "Having confirmed your current address, our client is anxious to resolve the outstanding debt." I've never had letters or correspondence from any of these people before and have been at this address for several years.

 

Help!!!

 

This is a shot in the dark from a DCA. Just send ALL letters back addressed to this person and write 'not know at address' (that's if there is a return address , if not bin them), worse case they will send an agent to confirm you are not the debtor. to be honest, I have done such visits as part of my 'training' and they last about 5 mins: they just confirm your name and ask for one proof of identity. If you provide it they wipe their records of your details and send it back. Problem gone.

 

It is true that you are not allowed to open mail addressed to someone else, but hay, we all want to know what's going on. But you should just return it unopened (but I wouldn't make a special trip to the letter box ;-) ).

 

Also be aware that it is not unknown for a DCA to be looking for YOU but change the details of the 'debtor' in order to get you to confirm who you really are. Then 2 months after calling and telling them your not Miss X but Mrs Y they start chasing you for a statute barred debt because they were really looking for Mrs Y.

[slc79]

Thanks OTB, you're a gem!