Inside a DCA!

[onthebrink]

Amazing Thread. Makes for very interesting reading, and very useful advice too.

Deffo a click on the scales from me to Onthebrink.

 

I have a few questions regarding the things you should and shouldn't tell DCA's

I'm currently on Job Seekers Allowance, as a result I have 4 debts that I'm still trying to bury with non CCA compliance.

 

I made a point of telling them I didn't own property. (moved back with parents 6 months ago.), I have no car, (I do, but they have no way of knowing from any info they may have and car is now registered in my dads name anyway as I "sold" it to him for a quid. .) On the agreement for my loans it says it was for consolidation of existing debts, the only fly in the ointment was £2k on a credit card, but I didn't actually buy much in the way of material things with it, most of it went on binge drinking, and enjoying life. Ahh the good old days.

 

So if I play it dumb and tell them nothing else I should be safer from a CCJ than I thought I was before starting to read this excellent thread?

 

Thanks for your comments and click on the scales

 

I understand what you saying ( I have no assets), although if you did provide a budget did you include Fuel, car insurance, tax, mot, etc.

 

Unfortunately, what you have said does not rule out a CCJ, because the first step in going for a CCJ is to get a payment order in place in order to get monthly payments out of you, which is more than they are getting now.

It's is only AFTER that arrangement defaults that they will be interested in any assets you own.

Yes, they will assess your potential assets but their first priority is to get regular payments out of you, and if you do have assets they will hope you default.

[onthebrink]

Totally agree with general consensus that this is a great thread - speaking for myself as new victim of a DCA who claim that I have a catalogue debt of which I totally deny any knowledge. I have been at current address for 6 years, 2 years previously in Australia, and can say -hand on heart - that I have never in this time ordered nor received any goods.

 

It's suspicious that DCA sent a letter to my current address to a person unknown to me a month earlier and four weeks letter, lo and behold, they send an almost identical letter to my name. Are they fishing the electoral roll for names to send out letters for unsubstantiated debts? My mum died a week earlier and after I had just said goodbye to her at the funeral directors before the funeral, I came home to this most unwelcome threat. I also care for a heavily dependent disabled child. However, despite a very stressful time, I send a letter (gleaned from National Debtline) denying the debt a couple of days later, recorded delivery, which I checked they received. DCA sent letter 2 days later saying they are unable to trace response. So will send duplicate of my first letter. http://www.nationaldebtline.co.uk/england_wales/temp/6939_33771.pdf

 

What are chances of them dropping case?

 

We all pass on a deepest sympathy for you loss of you mum. Cyber hug.

 

Your taking the right action but you must be strong, determined and don't let the letters/calls get to you.

 

You do not owe the debt and the onus is on them to prove it.

 

Good luck.

 

PM me if you need help.

[tifo]

as a result I have 4 debts that I'm still trying to bury with non CCA compliance.

 

but I didn't actually buy much in the way of material things with it, most of it went on binge drinking, and enjoying life.

 

So if I play it dumb and tell them nothing else I should be safer from a CCJ than I thought I was before starting to read this excellent thread?

 

CCA non-compliance is NOT a method to avoid paying your debts and there is no 'burying' a debt. They don't let go that easily.

 

I would consider 'binge drinking' and 'enjoying life' to be material things.

 

You are never safe from a CCJ and they count on your ignorance to get one on you. They could even get an attachment on your benefits to pay the judgment order.

[fuzzybobble]

Thanks for your comments and click on the scales

 

I understand what you saying ( I have no assets), although if you did provide a budget did you include Fuel, car insurance, tax, mot, etc.

 

Unfortunately, what you have said does not rule out a CCJ, because the first step in going for a CCJ is to get a payment order in place in order to get monthly payments out of you, which is more than they are getting now.

It's is only AFTER that arrangement defaults that they will be interested in any assets you own.

Yes, they will assess your potential assets but their first priority is to get regular payments out of you, and if you do have assets they will hope you default.

 

On my budget sheet I was as vague as I possibly could be. I just put travelling expenses. I've learnt fairly quicky after sorting out my girlfriends debt probs last year, that it's best to tell them as little as posible.

For the ones they have complied with the CCA for, I'm paying token payments of £1 a month.

 

Thanks for the really fast reply too. Very much appreciated.

[The GodMother]

tifo,

 

You said enjoying life you consider as a material thing. I consider it a important thing as you dont have to spend mpney to enjoy life. A walk threw your local park woods or something that does not necessarly cost you anything that you enjoy doing is not really a material thing.

[The GodMother]

got a question for you.

 

Had an account with a DCA now everytime they wrote to me the account number had changed. This was always with the same company but they could not answer why this was happening they always confirmed the account was mine and it was for the same company. Also the amount never changed they gave up on me and passed the account back to the OC who passed it to a different company and then the same things were happening. both companys have since stopped collecting and i have not heard from the OC.

 

could you please tell me if the account number changing on every letter is a normal problem and why this may have happened.

[tifo]

tifo,

 

You said enjoying life you consider as a material thing.

 

It's because the poster said he spent the money on "binge drinking and enjoying life" so it was not free like a walk in the park, otherwise there would be no debt.

[The GodMother]

yes i know but it could have been taken out of context just the way you said enjoying life being a meterial thing.

 

I will admitt i love enjoying life but there are several ways of doing it. Just what the OP classes as enjoying life may have 2 meanings. Drinking and stuff like that or spending time with his family on a nice meal. are 2 different things.

[fuzzybobble]

It's because the poster said he spent the money on "binge drinking and enjoying life" so it was not free like a walk in the park, otherwise there would be no debt.

 

I was being honest when I wrote it. I spent money I didn't have and paid the price for it. Hands up and admit I was stupid. Even with no CCA's you're still under tons of pressure and stress from the DCA's. I send out about 12 letters a week for myself, my girlfriend and a few good mates who also made the fatal mistake of "easy credit". A lot of work, but well worth it when you can see the light at the end of the tunnel.

 

It's a trap that's easy to fall into. Now I have no money, job, or material things like that, I have realised there's far more to life than posessions and going out. Got my bike out of the shed a few weeks ago, spent £20 on new tyres and innertubes, cleaned it up a bit. Since then I've been to lots of places, seen more things than you ever would driving a car, and best of all. It doesn't cost a penny + keeps me fit too.

 

Don't ever say that being in debt/losing your job is the end of the world. Fo me it's the start of something better. You just don't realise it at the time.

 

It's all too easy to get caught up with the constant media brainwashing we all get from TV, etc, that you have to have, or need the latest gadget or car, etc. You don't.....Quality of life is a million times more important than the bank balance or a house full of the latest kit.

 

When it comes to DCA's and CCA's. If I couldn't provide the correct paperwork, I'm sure they'd have no hesitation to screw me for anything they could get and in any way they could. So my motto is. Do it to them, before they do it to you.

 

Anyway, Tifo, I hope that clarifys things a little bit.

Good luck to you.

[The GodMother]

well i am glad you are enjoying life just a different way.

 

I never said or entended to say that you did not spend this money its just when tifo said about enjoying life being a material thing then it did seem wrong to me.

 

I am 27 weeks pregnant as i still enjoy doing the thing i done before i was pregnant like walking my dogs and taking my 4 year old to the park etc there is always more than one way to enjoy life.

[fuzzybobble]

It's ok, no hard feelings or critisism towards anyone intended.

We're all entitled to our opinions and explainations

as to why we're all here.

 

As long as we all walk away happier and having

learnt something from experiences in life, then

it's a good thing.

[PriorityOne]

Ok... here's a scenario.

 

The OC sells an account to a DCA, who happily collects on it for several years before defaulting on a CCA request. It's then discovered that the account that was purchased contains an amalgamated balance with 2 other accounts.... BUT, no new regulated Agreement was ever issued to cover these amalgamated funds.

 

FOS are currently investigating this one.... as the DCA are very reluctant to put anything in writing as a "final response". Is this a common practice ?..... and am I right in thinking that the DCA is on dodgy ground here ?

 

What's made you turn the tables on the DCA industry, by the way ?

 

[andrew1]

1) A certain DCA who I have been known to frequent , having been sent a Subject Access Request send a response to alleged debtors of 'typical letter which have been sent to you' meaning template letters with no actual personal details or address just the templates which would have been mail merged and some poor soul then writes on the top of each page the dates they apparently had been sent.

 

What is your take on the legality of complying with their obligations under the Data Protection Act when they send out such tosh?

 

2) A credit card debt sold to same DCA showed a default on the Credit report the same day as it was bought, given your previous response re defaults - what right would a DCA have to do that when no arrangements had been entered into at that point?

 

 

3) Geoffrey Parker Bourne (sols) obtained a ccj on a Cr.card debt in 2004 They were cca'd and the result was that no agreement could be found by the oc. They replied and said debt would not be pursued. Fine. Wrote asking for evidence of what they relied upon to obtain CCJ - no response. Wrote again asking for ccj to be declared unlawful if no agreement was in place - no response - any suggestions as to what should be done in your opinion?

 

 

Thanks for your input by the way. forgive the multi questions, but easier that way and hundreds lining up behind me!

 

Sarah

[The GodMother]

Ok a different type of question for you.

 

I gain a CCJ against a company they fail/refuse to pay up. I want my money.

 

Can i sell this debt to a dca and ask what ever money i want for it as in the amount of money they should have paid me not a reduced amount.?

[Thepower]

I have a question:

 

What happens if a DCA takes you to court over an alleged debt but the claim gets thrown out of court (say for none production of the CCA) what happens to the debt??? Do they write it off or would they just sell it on in which case it could go on forever…

[tifo]

I gain a CCJ against a company they fail/refuse to pay up. I want my money.

 

Can i sell this debt to a dca and ask what ever money i want for it as in the amount of money they should have paid me not a reduced amount.?

 

You can always send the bailiffs in to collect.

[andrew1]

Ok a different type of question for you.

 

I gain a CCJ against a company they fail/refuse to pay up. I want my money.

 

Can i sell this debt to a dca and ask what ever money i want for it as in the amount of money they should have paid me not a reduced amount.?

 

How about sending them a 21 day winding up order - that'll focus their attention.

[tifo]

What happens if a DCA takes you to court over an alleged debt but the claim gets thrown out of court (say for none production of the CCA) what happens to the debt??? Do they write it off or would they just sell it on in which case it could go on forever…

 

They seem to be able to do what they like. They can always raise another claim later if they feel like it.

 

Best bet is not to have it thrown out but fight it and get it unenforceable under CCA, then they cannot do anything (unless they produce the documents later but then will have a lot of difficulty having the order overturned).

[bakerman]

subscribing.

[The GodMother]

yeah my friend had thought of those but it would not be as satisafing for her as them having a DCA chase them.

 

After all the hassel they caused her she wants them to have the same type.

 

But having on camera the fact that they are having computers etc removed and then sold for the debt would be fun.

 

i think we all would get a laugh out of that

[andrew1]

yeah my friend had thought of those but it would not be as satisafing for her as them having a DCA chase them.

 

After all the hassel they caused her she wants them to have the same type.

 

But having on camera the fact that they are having computers etc removed and then sold for the debt would be fun.

 

i think we all would get a laugh out of that

 

You don't need a dca all you need is a bailiff if you have the CCJ already on a company. - You don't have to sell the debt at all.

[The GodMother]

yeah i know

 

but she wants to cause them as much hassel as they have her

 

it is her decision in the end

[car2403]

yeah i know

 

but she wants to cause them as much hassel as they have her

 

it is her decision in the end

 

http://www.consumeractiongroup.co.uk/forum/legalities/124731-ive-got-judgement-default.html

[make them aktiv runners]

Post 176

I hope this helps.

 

Please bare in mind others that are reading this. The DCA actions are not confirming it is not 'regulated' or 'valid' just that they are not sure of either in order to prevent the debtor from pursuing the request from the DCA. Well that's their stance anyway.

 

If this happens to you, you could take 3 main actions:

 

1) Make a formal complaint to the regulated bodies that the DCA is in breach of the Act.

2) Send the request to the OC

3) Both

 

Likely outcomes:

1) The DCA will put forward a defence as I stated and this will be agreed as 'prudent'.

2) The OC must comply.

 

Edit point: ScarletPimpernel is correct in what he is saying to be fair. They are 'in breach' of the Act. But the DCA know they only have to justify their actions to the investigating officer if you make a complaint. Not you.

Can I just clarify what you are saying here please, as follows:-

DCA's do not receive any paperwork of "agreements" when debts are bought by themselves. When they receive the CCA request they are not bound by the CCA because they *do not know* if the agreement is actually one regulated by the CCA. Only once any paperwork is received can they stop hiding behind this little loophole.

 

Do you think the CCA request letter can be amended to cut out this fantasy?

[JonCris]

May I say this is an excellent thread & it's so very pleasing when an insider (former or otherwise) like onthebrink comes forward in a genuine attempt to help others.

 

Many of the insights have been most helpful in confirming what many of us already suspected & I would like to ask brink both a question whilst at the same time supplying information which might give the answer.

 

It's been my experience that some DCA's threaten or even commence proceedings in the full knowledge that they DO not even have a valid CCA & in some cases again in the full knowledge that the debt is actually time barred!

 

I suppose it's safe to assume that they are relying on the ignorance of the debtor & the most disturbing fact of all that the court will not peruse the papers as they should when issuing such proceedings (they must curse the internet)

 

Anyway my question is this

Why & who makes the decision to spend what can be a few hundred pounds in various fees when they must know at the outset that the debt is unenforceable thereby risking having their claim struck out at the 1st hurdle & what if any is the result for the person making that decision if it fails in the manner I describe??