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    • Just a typo change that I'd make for the last line. Maybe also add something that says "I assume you will be fully aware that you cannot rely on a clause of a contract that you do not produce."
    • Hello, Firstly, and most importantly I am sorry for your loss. I would go back to the bank with the death certificate and ask them to step in. Remind them firmly but politely that there is no limit for DD claims   Please let us know how you get on.
    • My wife is the named person to his bank account with him having Dementia being his daughter (I say named person she still is but he recently passed away and the deputyship application has now being stopped by the solicitor as it's no longer needed) We've only just got the Death Certificate so the bank will be the next step informing them. She went to the bank and explained the situation but even being his named person the bank said she didn't have the power to stop DD without any legal documents (virgin money) was the bank. She could have copies of bank statements that was about it.
    • I see you said you tried to stop the DD but it seems that didn't work. May I please ask why that didn't work? You should be asking your bank to cancel the DD and I don't see why they would have objected, hopefully you can clarify this. I agree that you should be making a claim here against your bank and ask them for a DD refund. There is no timeframes for this.
    • JK: Yeah That's correct. We left rent payment coming out of his bank account from January 2023 - August 2023 until we could find somewhere to sort out his belongings which was fine. I tried to give notice a few times from August 2023 asking for advice from Sanctuary housing how we went about this explaining his condition and that he was in a Nursing home from December 2022. I explained we don't have any legal powers to his account like POT but were in the process of going for Deputyship and that I was the named person to act on his behalf to speak with Santuary housing. I said we could provide details of his condition and proof he was now in a nursing home with date he moved in. This went ignored despite repeated attempts to contact them until a housing manager contacted us end of February 2024 and notice was finally accepted with his tenancy coming to an end March 22 2024. Although they have continued to take rental payments for the flat despite someone else living in it from the 1st April. I wasn't aware payments were still being taken till I checked his May banks statements. I had asked them to back date rental payments to August 2023 when I gave notice rather than just giving notice in March 2024 but they've ignored that bit. I don't see why they shouldn't give it back they've taken money they shouldn't have. Thanks DX, I wasn't aware we could do that for that length of time. I'll ask my wife to check with the bank this week
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      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

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    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
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    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

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      This is good ethical practice.

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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Inside a DCA!


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What I really like about this thread is that we've gone from inside a DCA to inside a chinchilla cage to inside a police station - and all within the course of a week!! :D

Edited by foolishgirl
typo

Any knowledge I possess or advice I proffer is based solely on my experiences in the University of Life. Please make your own assessment of legality, risks & costs before taking any action.

 

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i fully agree with the fact the police are useless.

 

I posted the begining of the month about my recent attempt at getting a child who was throwing glass bottles at cars dealt with called going round in circles or what.

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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Just as a matter of interest ( and in an attempt to suck this thread back to DCA's :D ) what do people feel has changed in DCA's over the past year?

 

Are they improving and trying to abide by more laws or are they still treating the laws with contempt?

 

I've had some dealings with people like iQor ( old Legal & Trade ) and whilst they have been chasing 'inappropriate' debt I can't actually blame them as they are being instructed by a bank.

 

I'm not happy they haven't got agreements before chasing, but I must be honest, the lady who called me was amazingly civil by comparison with the dregs who phoned 3 months earlier - if that is an example then it's the agreements side which needs improving ( are you listening DCA's?) as they really should be afirming prior to attempting to collect, that the debt being chased is a bone-fide account. Other than that their attitude to my request not to phone as is my right to request and their attitude stunned me into silence - maybe they figured out who I am :D

 

 

Sarah

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I don't think anyone has a problem with DCA's chasing overdue accounts it's just the way they achieve their ends that matters

 

Precisely my point Joncris. Nobody minds them chasing a debt SO LONG AS they have checked it out before hand and ensured it is a bone-fide debt, with all the legally acceptable agreement and prescribed terms well and truly in place, the debt is not in dispute and they are going about their business in a manner acceptable to both the regulatory bodies and the Law.

 

However, I am sick to death with DCA's having contacted me over disputed debts, already in query with the original creditor, backed up by application forms which are accompanied by threats of legal action and followed up by ignorant and arrogant twits who do not understand the profession they are in, the OFT Guidelines on debt collection or the laws pertaining to enforcing debts. If they did, not only would their success in collecting bone-fide accounts increase, so would their bonuses and we would get our lives back to some normality. Consumers would not need to spend countless hours writing futile letters complaining, disputing, remonstrating and wasting their hard earned cash on postage, recorded delivery letters @ £1 + each, answering telephone calls which are nothing short of criminal in a lot of cases, intimidating and threatening.

 

 

Apart from that, as you say, nobody has a problem!

 

 

Sarah

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It's possible that DCAs are becoming more wary, if not actually aware of the implications of the all the new legislation that is coming thick & fast but there are still an awful lot of complaints on this forum re. their tactics.

 

My own recent experience would bear out Sarah's thoughts - I currently have 3 accounts in dispute on which the DCAs have backed off 'cos they can't produce CCAs but I do suspect that eventually they will come at me again.

 

And changing the phone no. & then never phoning them has certainly helped I'm sure ;) - not as easy a target for the DCA, quiet life for me!

Any knowledge I possess or advice I proffer is based solely on my experiences in the University of Life. Please make your own assessment of legality, risks & costs before taking any action.

 

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My own recent experience would bear out Sarah's thoughts - I currently have 3 accounts in dispute on which the DCAs have backed off 'cos they can't produce CCAs but I do suspect that eventually they will come at me again.

 

And changing the phone no. & then never phoning them has certainly helped I'm sure ;) - not as easy a target for the DCA, quiet life for me!

 

As Joncris implies, if you are in debt and someone comes chasing its payment and you are satisfied that company has all the rights to collect, the documentation to support it and can prove it then whilst the whole world and his uncle won't like it, we accept our duty to pay our debt and make an arrangement to pay it. If they come back then they'll know we know what it is they have to have and the more people that remind them the sooner they are going to get it right and the whole industry might, just might, get a little more respectable which is all CAG and the Cabot Fan Club have been trying to achieve over the past 2 years, hence my original question.

 

It is for the credit industry itself to ween out these dregs who flout the law and kick them out of business, it should not be left for the public to do that, but we are and I feel it's working.

 

Why should people have to change their phone numbers? - Why should people be threatened? Life is hard enough to get through for hundreds of thousands without this on top of their troubles. I went through a hell once upon a time with these people when life wasn't so kind to me, I swore then I'd get my own back somehow, then came along CAG, the Cabot Fan Club and all the hundreds of thousands of wonderful folk coming here who provided the synergy to achieve it...and we are doing it! :D

 

 

Sarah :wink:

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I suspect that some DCAs are realising that the days of getting away with flagrantly disregarding the law and regulatory obligations aren't going to last much longer. Some of the letters I have seen recently are much more carefully-worded than before, and DCAs certainly seem more wary about disputed debts.

 

However, I also suspect that they will be seeking new ways to circumvent what they see as obstructions; vide, for example, the rapid increase in the use of SDs by Worst Cretins and capquest.

 

Others, like MBNA, appear to have the stupid chromosome so deeply embedded that nothing short of prosecution by TS will stop them, and that seems to be as likely as Broon winning a gold medal for honesty at the next Olympics.

 

I think we will see change, however, both because of legislation, and because of the economic circumstances. When the host is sick or dies, its parasites go with it. As financial institutions start to lend more responsibly, so the number of debtors will reduce; as money becomes harder to borrow in the commercial world, debt buyers will suffer. Many DCAs are owned by investment companies, mostly overseas-based; companies that aren't performing will find themselves dropped or down-sized.

 

It's fairly clear that the credit crunch was largely caused by banks, and this has done nothing for their popularity. Also, the FSA was seen to have messed up big style over Northern Wreck and other issues. All of this has led to a downturn in confidence in financial institutions, and the politicians will be keen to demonstrate that they are doing something about it. I expect that enforcement of consumer law will become more of a priority as the economic decline continues.

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However, I also suspect that they will be seeking new ways to circumvent what they see as obstructions; vide, for example, the rapid increase in the use of SDs by Worst Cretins and capquest.

 

I agree SP - this will almost certainly be the next wave of attack for the bottom feeders, you can see the number of reports on here steadily increasing already. Sadly there are always the unethical, immoral & unscrupulous in society who seek out the unwary & the law of the jungle can apply anywhere, no matter how civilised we like to think we are.

Others, like MBNA, appear to have the stupid chromosome so deeply embedded that nothing short of prosecution by TS will stop them, and that seems to be as likely as Broon winning a gold medal for honesty at the next Olympics.

 

Love your pithy comments & metaphors ! :)

 

FG

Any knowledge I possess or advice I proffer is based solely on my experiences in the University of Life. Please make your own assessment of legality, risks & costs before taking any action.

 

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Sarah, I am finding that DCAs are backing off fairly quickly once they have been advised that there is a dispute.

 

CapQuest have been the only one who have waded in first with a really threatening letter.. then changed their tune when I sent a "THIS IS DISPUTED" response :D

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I dont think that DCAs care if the acc is in dispute or not let alone care about the OFT guidelines.

 

For example Moorcroft wrote to my OH recently about a debt that Littlewoods have said dont belong to him they have also been told to deal with me only but have they no. I have now wrote a 2 page complaint letter and just to be awkard i have made it in different colours for each paragraph.

 

They dont seem to care about OFT guidelines so i have complaind to TS and have a file for the OFT to see on littlewoods and moorcroft.

 

I will tell u something if i was in power a few changes would be made and trust me they would be liked by CAG

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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  • 1 month later...

BLACKAMBERMAY--ONTHEBRINK-Has not had any activity on the forum since he was chased away by the forum members.15 july 08

if you have questions start your own tread and they will be replied to by proper members who will direct you in the right direction.(read this tread and you will found out why he`s not been on here).

Cheers B4E:-)

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I have asked for this thread to be Locked. It will be unlocked at the request of Onthe brink.

 

Never belive anything a DCA tells you.

 

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