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Newbie DCA query


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hello all

could you please answer a few questions for me on a debt problem i am supposed to have?

Interum Justitica are chasing me for there client Paypal about a debt of £85 which they say i owe, this came about when a seller did a [problem](paypals words) on me , i did go through there disputes centre (1.5days to contact them by phone, emailing hopeless)they said

they would try to sort it and would contact me in 3-5 days by email and reopen dispute page for me nothing happened tried contacting them but gave up customer service hopeless.So closed my account in case more scams happened on my account.

Heard nothing from them until i got a phone call from a man claiming he was Paypal something just did not seem right so put phone down did call back it was IJ phone number, since then had lots of calls from IJ so sent

them a letter asking them to stop calling which they seem to have, i also asked for proof of this debt and there right to collect this have heard nothing on this. Now i bombarded with letters asking me to pay this money

each more threatening now up to 'Instructions being prepared for issue of court action against you' etc.

So to questions

1- was the first when call illegal

2-should i have received a demand from Paypal before this was handed to

IJ DCA

3-should IJ supply info i have requested

4-what is my best course action?

I know in the great scheme of things £85 is small beer but paying for some one elses scams is just not on. what do you think

thanks in advance

little red

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Hi littlered,

 

I would have thought that it was illegal of the DCA monkey to pretend to be someone he isn't.

 

How did you ask for proof of the debt? Was it in writing or on the phone?

 

NEVER SPEAK TO THEM ON THE PHONE!

 

I would send them a "Prove It" letter by recorded delivery so you have evidence that they have received it.

 

Edit this to suit:

 

Dear Sir/Madam

 

Account no:

 

You have contacted me/us regarding the account with the above reference number, which you claim is owed by myself/ourselves.

 

I/we would point out that I/we have no knowledge of any such debt being owed to (insert company name).

 

I am/we are familiar with the Office of Fair Trading Debt Collection Guidance which states that it unfair to send demands for payment to an individual when it is uncertain that they are the debtor in question.

 

I/we would also point out that the OFT say under the Guidance that it is unfair to pursue third parties for payment when they are not liable. In not ceasing collection activity whilst investigating a reasonably queried or disputed debt you are using deceptive/and or unfair methods.

 

Furthermore ignoring and/or disregarding claims that debts have been settled or are disputed and continuing to make unjustified demands for payment amounts to physical/psychological harassment.

 

I/we would ask that no further contact be made concerning the above account unless you can provide evidence as to my/our liability for the debt in question.

 

I/we await your written confirmation that this matter is now closed. Otherwise I will have no option but to make a complaint to the trading standards department and consider informing the OFT of your actions.

 

I/we look forward to your reply.

 

Yours faithfully

 

:)

LOWELLS-Stat Demand Set Aside-No CCA & Statute Barred-£1800-Gone Away-April 2008

 

Scotcall on behalf of Cabot-£2200-no CCA returned to Cabot-file closed-March 2009

 

Cabot-Court Claim issued despite no CCA and Stat Barred-Claim discontinued-March 2009

__________________________________________

 

IF I HAVE BEEN HELPFUL PLEASE CLICK MY SCALES. :)

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hi all

thanks for replies

PossVox i asked for proof by letter in the same letter as asking them to stop phone calls to me, this they have done so must have received letter.

Demands coming thick and fast, have sent another letter asking for proof,

but will use your letter see if that works.

thanks again

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Good Luck!

 

Keep at them, it's up to THEM to prove that you owe them money, NOT the other way round!

 

Keep us posted and come back whenever you require more advice or support!

 

PV

 

p.s. Hate to ask but, if I've helped, would you click on my scales please?

  • Haha 2

LOWELLS-Stat Demand Set Aside-No CCA & Statute Barred-£1800-Gone Away-April 2008

 

Scotcall on behalf of Cabot-£2200-no CCA returned to Cabot-file closed-March 2009

 

Cabot-Court Claim issued despite no CCA and Stat Barred-Claim discontinued-March 2009

__________________________________________

 

IF I HAVE BEEN HELPFUL PLEASE CLICK MY SCALES. :)

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Hi all

Just had a letter from Irwin mitchell solicitors stating

'we are instructed by intrum justitia'

'should you fail to make payment to IJ in 7 days'/'we may instructed to issue legal proceedings against you' goes on about fees, costs etc

It says not to contact them but all enquiries to IJ.

So should i fire off letter to them about no response from IJ or just ignore them?

thanks for your help inadvance

littlered

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