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Wait till those difficult teens hit 16. Then a few of them might end up working for a DCA :o Scary thought. DCA's employing chavs to do their dirty work.

 

Who's ready for a fight then? :D

These are video links to show how I deal with Debt Collectors.

 

Fly fishing for C.A.R.S

http://uk.youtube.com/watch?v=zPtzK8FqE6k&feature=related

 

Frederickson International don't accept my card type

http://uk.youtube.com/watch?v=eiZBULlWW6Q&feature=related

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And I thought knowing how to construct a petrol bomb was a valuable teenage lesson... I wish my Dad had taught me how to deal with DCAs instead.

 

Where has our little friend gone, anyway? Did he have a rough day or something?

Nationwide-A&L-Halifax 1-Student Loans Company-NatWest-Virgin Media-Link-Capital One ALL WON!

Thames Credit -statute barred sent 13/11/08

BCW- prove debt letter- 14/08/08

Apex- CCA 14/08/08

Redcats UK- SAR 14/04/09

Call Serve- CCA 14/08/08

Littlewoods- no CCA letter 03/09/08- Lowells now

Wescot- CCA 19/9/08

Capital One/Debitas- now with Lowells

 

Any opinions are without prejudice & without liability. All information has been obtained from this site. If you are unsure, please seek professional advice. .

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I think I'm going to jump in here, since I got a load of stick in my first couple of posts for mentioning I work for a DCA; however, if you actually have a look at the posts I have made, you'll see that they are completely helpful and beneficial to the posters on here. Basically, just don't start the crap up again.

 

I'll answer a few questions people have posted, and if the OP has different answers, he can post his versions too.

 

Why do DCA's constantly break OFT guidelines and keep sending demands for payment on an account that has been shown to be in dispute and unenforceable due to the lack of a properly executed agreement?

1. On the phone, lack of proper training on OFT guidelines; 2. I don't know about in other DCAs but in the one I work in, if it is in dispute, it is clear it is and the account gets put on hold.

 

How much does your company pay for a debt that they buy?

Not much at all, somewhere in the region of 5% of the balance.

 

How much commission do they make on a debt that is assigned to them from the original creditor?

I don't really deal with the commission based accounts, can't help you there.

 

On how many accounts do you take legal action on? I've heard it's less than 4%

Again, I don't get involved in the litigation side of it, however I do know that about double the accounts have been sued this year as opposed to 2007.

 

So what about a DCA chasing someone for a debt that IS NOT THEIRS?

If I come across anything like this, I'll send the account to be re-traced and verified.

 

Threats by letter and telephone.

 

Failure to abide by OFT guidelines.

 

Failure to properly investigate disputed debts.

 

Failure to comply with CSA code of practice.

 

Failure to comply with Data Protection Act 1998

 

Is that acceptable IN YOUR OPINION?

 

How would you address a situation like that?

Don't know what you're trying to get at here, if you can explain a little more, I'll happily answer.

 

Why are you here and what is your motivation?

In work, I need to do my job. Out of work, I actually do enjoy reading up about debt and laws surrounding them and so on

 

How can you knife people in the back all day, and then give advice to people how to heal your wounds in the evening????????>

Simple, I don't knife people in the back all day ;);)

 

How is the CCA request/ failure to provide agreements going with your company?

If we can't obtain a CCA, or provide one, the account is moved onto one of the few complaints managers who will look at the account. Don't ask me what that means, because I honestly couldn't tell you. Probably a good thing that we don't get to see what happens in the end, because it means that you're not being rang by the normal collectors on the account.

 

Has it affected your companies profits yet?

In reality, extremely few people actually bother to request a CCA

 

So what does a DCA who receives a CCA request do, when it becomes apparent that it cannot be lawfully enforced?

As above

 

In my experience they pass it on to another DCA, or back to the OC. What is your organisations policy?

It's quite possible that the account will be re-sold, but we don't pass bought accounts back to the OC.

 

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

 

Let me just re-iterate, I did not start this thread, and although I do work for a DCA, have a look at the posts I've made - they're all constructive and helpful. Despite me only having made 48 posts so far, I already have 27 reputation points.:)

Edited by robinalexander

This post does not reflect the professional views of any DCA; it is purely the poster's own opinions and personal advice.

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Thanks Robin.... so, in situations where the original creditor has already been CCA'd and defaulted.... then sells that account to your company without telling you (presumably), do you :

 

1. Go back to the OC and query it their sale of an unenforceable account by Absolute Assignment ?

 

2. Close the account and take the loss, or,

 

3. Re-sell it on yourselves by Absolute Assignment.... regardless of the fact that an account is not meant to be sold on by anyone in the first place, whilst in dispute ?

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RA. I've always wondered, do you just get a list of names and (alleged) debts, or do you get a file with the paperwork etc? And by you I mean your particular DCA?

Nationwide-A&L-Halifax 1-Student Loans Company-NatWest-Virgin Media-Link-Capital One ALL WON!

Thames Credit -statute barred sent 13/11/08

BCW- prove debt letter- 14/08/08

Apex- CCA 14/08/08

Redcats UK- SAR 14/04/09

Call Serve- CCA 14/08/08

Littlewoods- no CCA letter 03/09/08- Lowells now

Wescot- CCA 19/9/08

Capital One/Debitas- now with Lowells

 

Any opinions are without prejudice & without liability. All information has been obtained from this site. If you are unsure, please seek professional advice. .

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in situations where the original creditor has already been CCA'd and defaulted.... then sells that account to your company without telling you (presumably), do you :

 

1. Go back to the OC and query it their sale of an unenforceable account by Absolute Assignment ?

 

2. Close the account and take the loss, or,

 

3. Re-sell it on yourselves by Absolute Assignment.... regardless of the fact that an account is not meant to be sold on by anyone in the first place, whilst in dispute ?

4. None of the above. Basically the debt cannot be enforced after a CCA request has defaulted until a CCA is provided. So the simple solution is that we request a CCA from the OC. The exact piece of law here is the Consumer Credit Act 1974 Section 77 Subsection (4)(a) and Section 78 Subsection (6)(a)

 

do you just get a list of names and (alleged) debts, or do you get a file with the paperwork etc?

Kinda in between. We will generally be given the name, address, phone numbers, balance, last payment date, last payment amount, account open date, default date, credit card number (if applicable), and sometimes, the goods ordered (if applicable). If we need a CCA, statements etc after we've bought the debt, we send to letter/email to the OC to request it. Once we receive it, we file a copy and send a copy out.

 

Anyone have any more questions? :)

This post does not reflect the professional views of any DCA; it is purely the poster's own opinions and personal advice.

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We know the relevant law. So, you go back to the OC to request a copy of the credit agreement. There isn't one, as Priority One pointed out So, do you:

 

1. Go back to the OC and query their sale of an unenforceable account by Absolute Assignment ?

 

2. Close the account and take the loss, or,

 

3. Re-sell it on yourselves by Absolute Assignment.... regardless of the fact that an account is not meant to be sold on by anyone in the first place, whilst in dispute ?

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Hi all,

I would like to ask the general CAG user's opinions ie members in debt and those working within the industry, and the viability of placing some sort of CAG-generated avatar/symbol to differentiate between those who admit to working for a DCA/within the practise of debt collection, and want to provide inside info or help.

Some posts could be misleading, especially for newbies.

Not sure if this has been brought up before....?

Red

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Sounds like a good idea to me Red... because no matter how questions are answered on here by these members, there is still a huge conflict of interests going on.

 

Any debt collector who claims otherwise is either lying, or not doing his/her job properly. Simple as that, IMO.

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Quote:

Originally Posted by Thebhoy

So what about a DCA chasing someone for a debt that IS NOT THEIRS?

If I come across anything like this, I'll send the account to be re-traced and verified.

 

Threats by letter and telephone.

 

Failure to abide by OFT guidelines.

 

Failure to properly investigate disputed debts.

 

Failure to comply with CSA code of practice.

 

Failure to comply with Data Protection Act 1998

 

Is that acceptable IN YOUR OPINION?

 

How would you address a situation like that?

Don't know what you're trying to get at here, if you can explain a little more, I'll happily answer.

 

 

RA - In reply for an explanation.....

 

Personal situation.

 

Being harassed for debts that are not mine but for someone with a similar name (Different spelling of surname and they have a middle name), same DOB but live some 350 miles apart.

 

DCA has been informed verbally and in writing that they are contacting the wrong person and that I dispute ANY debts with their client.

 

They have also been informed of the suspected location of the true debtor (I have had this information from other DCA's chasing other debts for this person and have had his defaults /ccj's added to MY credit files - now cleared through CRA's, my MP and a government ministers involvement).

 

They have my telephone number as I contacted them when I received their first letter and gave them my number - they now use this to telephone me at home at all times of the day and evening.

 

They continue to send demands and threats demanding money and threatening bankruptcy etc in direct violation of the OFT guidelines re disputed debts.

 

They have failed to properly investigate my dispute or verify the location of the debtor as had they done so they would be aware I have trackable address and emploment details for the past 20 years in my current home and some 18 in my previous home - neither of which are anywhere near the debtors location.

 

The CSA - CODE OF PRACTICE (of which they have signed up to) clearly follows the OFT guidelines in relation to 'correct debtor' and disputed debts - these are ignored.

 

DPA - they have no authorisation to store, access, process or share any personal data relating to myself as I am not a customer of their client, their selves nor have I given them authorisation in any format, implying consent for them to do so.

 

I trust this will give you an inkling of my situation and reasoning behind my questions but please feel free to ask for more if needed.

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Okay, this may not be the 'correct' answer, but this is the procedure in place and is what I would have to do in this instance. Although I know where you're coming from, all I could do would be to send it back to the Trace department for them to re-trace. If/when it comes back on to the collectors in the call centre, and it says 'target still at address - pursue' (for example), and the same story is relayed again, it gets sent back to Trace again.

 

Obviously, it's a bit of a crap answer to say the least, but I can only really answer questions that I deal with in the call centre; so any litigation questions, trace questions, complaints questions etc, I'm not going to be able to give you your answers. Sorry that I couldn't answer any better than that.

This post does not reflect the professional views of any DCA; it is purely the poster's own opinions and personal advice.

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Okay, this may not be the 'correct' answer, but this is the procedure in place and is what I would have to do in this instance. Although I know where you're coming from, all I could do would be to send it back to the Trace department for them to re-trace. If/when it comes back on to the collectors in the call centre, and it says 'target still at address - pursue' (for example), and the same story is relayed again, it gets sent back to Trace again.

 

Obviously, it's a bit of a crap answer to say the least, but I can only really answer questions that I deal with in the call centre; so any litigation questions, trace questions, complaints questions etc, I'm not going to be able to give you your answers. Sorry that I couldn't answer any better than that.

 

Cheers..........

 

it just confirms how c*** the system is when the person never lived at my address and has a different spelling of the surname and it is only when it goes to a DCA they link it to me.

Well, 5months of harassment so far and it looks set to continue - of course, I suppose it will depend on the outcome of my complaint to the FOS.

 

THEBHOY

 

and, six months later - the case continues

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Good luck thebhoy.

 

It's cases like yours that should be passed to the media without delay...

 

Remember poor Mrs Brazier and her family :(

"To love unconditionally is the greatest gift, laughter is a close second" .To give your time to help others after being helped here is the best way to show your appreciation to your fellow CAG members.

 

Please note that this advice is given informally, without liability and without prejudice. Seek the advice of an insured qualified professional if you have any doubts. All my knowledge has been gained here, for which I'm very grateful. I'm a Journalist, not a law professional.

 

If you do PM, make sure to include a link to your thread as I don't give out advice in private ;)

BB 13 - DCAs/banks and solicitors 0.

 

I get a fresh start to get on with learning to live with severe disabilities when they could have had something if they'd been understanding...

 

<--- If you feel I've helped, please twinkle my star :)

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Okay, this may not be the 'correct' answer, but this is the procedure in place and is what I would have to do in this instance. Although I know where you're coming from, all I could do would be to send it back to the Trace department for them to re-trace. If/when it comes back on to the collectors in the call centre, and it says 'target still at address - pursue' (for example), and the same story is relayed again, it gets sent back to Trace again.

 

Obviously, it's a bit of a crap answer to say the least, but I can only really answer questions that I deal with in the call centre; so any litigation questions, trace questions, complaints questions etc, I'm not going to be able to give you your answers. Sorry that I couldn't answer any better than that.

As you have stated "personal attacks" are ok in this thread:-

1.What useful information have you actually given....please quote.

2.What persuaded you to work in a debt collection call centre,do you have a problem with your IQ?

3.Surely it is more viable to move the call centre to india,then the likes of robinson way can try for more profit.

4,Call centre staff...Are they really so thick that they have to have a script in front of them to read from.

5.What are your promotion prospects? Get a couple of dodgy debts settled and go up the ladder to Lowells?

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As you have stated "personal attacks" are ok in this thread

Please show me where I said that, if you would be so kind.

 

1.What useful information have you actually given....please quote.

This thread is for asking questions about DCAs, if you want to look at my posts, feel free to do so.

 

2.What persuaded you to work in a debt collection call centre,do you have a problem with your IQ?

For one, the salary is quite good, and (although this will probably rile people up), so are the bonuses. Second, the company I work for is actually (from an employee perspective) a very good company to work for, in terms of actually progressing etc.

 

3.Surely it is more viable to move the call centre to india,then the likes of robinson way can try for more profit.

If you would like to put that suggestion forward, feel free to do so to the appropriate DCAs.

 

4,Call centre staff...Are they really so thick that they have to have a script in front of them to read from.

We don't use scripts at all in the DCA I work for.

 

5.What are your promotion prospects? Get a couple of dodgy debts settled and go up the ladder to Lowells?

To quote a document published by The Credit Services Association:

 

Promotion, in the first instance, is usually from collector to section leader, managing a small team of debt collectors. From there promotion can lead to collection manager, senior collection manager, or eventually director in the agency or a branch.

 

Debt Collectors can move into other areas, such as sales, debt counselling, credit management, or bailiff work.

 

There are opportunities for self-employment, either running a debt collection agency or as a field debt collector.

This post does not reflect the professional views of any DCA; it is purely the poster's own opinions and personal advice.

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So once you have applied for a CCA from the OP and nothing is forthcoming, how long do you give them to send a CCA to you, before you start hassellling people again to pay a debt that isn't enforcable, or sell it on to an even scuzzier bunch of reprobates, fully knowing that there is no CCA and that the debt in unenforcable?

Beating the DCA's day by day

 

My fight:

NDR - CCA'd 12+2 passed

Bank of Scotland - CCA'd 12+2 passed

CFS - Win by Technical Knock-out!:lol:

HFC Bank - CCA'd 12+2 passed

Chantry Collections - CCA sent

 

Time flies like an arrow

Fruit flies like a banana :D

 

<---------- Have I given you top advice, have I made you laugh, click on the scales, it won't hurt you! :grin:

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When I send a request for a CCA to the OC, it holds the account for 5 weeks. The idea is that, by then, the OC has either sent us one or told us they don't have one, and if they did give us one, it'd be sent out within that time. If there is no CCA, you'll probably get a standard letter saying something along the lines of 'just because we cannot obtain a CCA doesn't mean you don't owe the money', and thus, you are pursued again.

 

If you are totally disputing liability and that's the reason you wanted the CCA, the account is placed on permenant hold while a complaints manager looks into it further. I can't say what happens there, because I simply do not know.

This post does not reflect the professional views of any DCA; it is purely the poster's own opinions and personal advice.

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But if you have been assigned the debt and it is now payable to you then why have you to apply to the oc for a cca,if you have bought the debt ALL the paperwork you should have.

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Okay, well imagine this. We load 100,000 accounts from a creditor and they all have CCAs 3 pages long, and statements covering 100 pages each, plus all the account notes covering 30 pages. That's almost 13.5 million pages of documents, of which we might only need 100 CCAs totalling 300 pages.

 

The point is, we don't need all of the paperwork most of the time. Hardly any of our customers actually request a CCA, so the OC keeps it, and then we request it from them if need be.

This post does not reflect the professional views of any DCA; it is purely the poster's own opinions and personal advice.

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We contact the oc to ask for a cca,sorry your "so called debt" and ALL its relevant paperwork is with the dca.

OH but the dca is contacting you for the paperwork.

You do not know what you are doing .

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That has already been answered in post 56:

 

do you just get a list of names and (alleged) debts, or do you get a file with the paperwork etc?

Kinda in between. We will generally be given the name, address, phone numbers, balance, last payment date, last payment amount, account open date, default date, credit card number (if applicable), and sometimes, the goods ordered (if applicable). If we need a CCA, statements etc after we've bought the debt, we send to letter/email to the OC to request it. Once we receive it, we file a copy and send a copy out.

This post does not reflect the professional views of any DCA; it is purely the poster's own opinions and personal advice.

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Does a DCA actually check that the CCA they send is actually enforceable, or do they just assume it is?

I've had this where Moorcrofyt have insisted it is enforceable, when I very much doubt they've even looked at it or have a copy themselves.

The document I did get was totally illegble to the point of being laughably bad. I even CCA's the OC and got an exact illegible duplicate.

 

6 months later and they're still sending me demands for payment. They must know it's unenforcable otherwise they would have taken me to court by now. But they haven't.

 

So why the constant breaches of OFT guidelines of trying to demand payment on an account in dispute? Surely it's a waste of money, time, and resorces to persue after all this time?

These are video links to show how I deal with Debt Collectors.

 

Fly fishing for C.A.R.S

http://uk.youtube.com/watch?v=zPtzK8FqE6k&feature=related

 

Frederickson International don't accept my card type

http://uk.youtube.com/watch?v=eiZBULlWW6Q&feature=related

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