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Hello community. I'm new to this forum and to be quite honest I'm not sure how to use it but I can only try my hardest. I' like most others, have joined this forum because I have various consumer issues that I'm unsure about. One such problem is fairly new and with reading other people's stories I know that they've also been cheated as well. I'm talking about CarCraft of Sheffield which I went to in May to get a family car. Basically I ended up buying an 04 plate Picasso Diesel and £1000 for my car. I was given finance at 12.9% APR with Black Horse paying £100 a month over 5 years. Although it isn't a lot of money I'm just wondering why I would've got finance when I haven't even got enough disposable income to get a loan with? I was sent home with a car with no tax which I questioned 4 advisors about and all of them said it was legal as long as it was taxed as soon as the Post Office opened. They then couldn't give me a temporary cover note and said that they'd do it for me. I agreed but upon phoning them I was told that it was my responsibility to tax and insure (yes I was gullible and taken in by them). My main question however is that how I got the car loan in the first place when I can't afford it. Shouldn't checks be made to make sure I have enough money. Thank you in advance and sorry for the long drawn out text. It should've been condensed much more but I have so much to say and still have. Thank you.

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

Can't speak for all DCAs, but in mine, all the CCA requests go through one of the top managers. Not to sure if he checks it etc when he sends it out, since I don't get involved in that side of it.

 

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.

Apart from our accounts that are automatically sued when it reaches a certain stage, the vast majority of accounts are checked before they are sued by the litigation team. If they don't know 100% that they will get a favourable outcome, you won't be sued.

 

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?

With your particular case, if Moorcroft reckon it's enforcable, that's probably why they're pursuing you. What I will say though from my DCA's perspective, when a CCA is sent to a customer, we don't get to see it on the account, all we see is something like a note like 'cca rcvd frm oc, filed & snt cpy to cst'.

 

So you have a totally incomplete database.is that correct?

What on Earth is a 'totally incomplete database'?:confused:

 

My main question however is that how I got the car loan in the first place when I can't afford it.

I'm sorry, I can only answer questions from a DCA perspective, I don't know the answer to any questions relating to the OC.

 

Why do debt recovery companies have a problem when the debt they are after is statute barred?

Could you elaborate on that somewhat?

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 if I sent Moorcroft a copy of the disputed illegible CCA, then they might actualy realise they have no chance?

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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A Totally incomplete database is a database where you only have certain information on certain people,you do not have all the information on each creditor.

Perhaps this MAY be something to do with why the fos is now dealing with the most complaints that it has ever had to deal with in respect of dca`s and why so many mistakes are being made by dca`s.

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In that case, yes. Again, 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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My final question today for you.

In respect of ccj`s on an account that you buy,why are there so many cases of the dca trying illegally to increase the payments.Do you not know the account is subject to a ccj?

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No, if a DCA is still calling you etc for payment arragements then I would say they wouldn't know it is subject to a CCJ. As for 'illegally' trying to increase the judgment amount, however, I refer you to one of Ell-enn's posts:

 

They can ask...... but unless the court orders you to pay more then there's nothing they can do! Sounds like they're just getting greedy and don't want to wait for their money in small installments.

 

Write back to them saying you are not in a position to increase payments above that ordered by the court, (don't fill in their evidence of means form!) then continue to make your payments on time. DON'T talk to them on the phone, they'll only try and bully you into increasing your payments.

 

If they do apply to the court to increase payments you will have the opportunity to challenge it (that's when you give evidence of your means!) - and given that you've been making your payments in accordance with the original judgment it is unlikely that they will succeed.

 

Their letters end with a threat because they are just plain greedy. Fortunately a lot of their "customers" have found this website and have learned how to deal with these threats.

 

Kind Regards

Ell-enn

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, is there a question in that? If not, I suggest to complain to the DCA. Also, please refrain from double posting, there is an 'edit' button for a reason. ;)

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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And yes there was a question,

If one has a ccj on an acount sold to a debt recovery company are the threatening letters sent to the person concerned not illegal if ALL payments have beenmade and are up to date.

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It doesn't matter if I am not a mod, regardless of that you shouldn't be double/triple/quadruple posting when there is an edit button and you have been made aware of it.

 

As for the actual 'question', that would depend on a few things. Are the payments being made to the new DCA at the correct amount and on time, or to the OC? Also, what exactly do the letters say?

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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The payments are being made to the dca ALL up to date and on time.

The problem is the dca do not have any record of a ccj but i do and i have confirmed this with northampton county court.

The dca in their wisdom have sent a letter ending instalment payments,so i ask you this is the dca above the law ,in my view they have acted illegally and in the view of the oft they have acted illegally so it`s another case to go to the fos.

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oh so sorry are you a mod or site supervisor?

no...oh well stuff it.

 

No.

 

But I am! Please refrain from personal attacks or I will start moderating posts.

The OP joined this site to offer inside information on DCAs and has consistently answered user's questions, despite the attitude of some posters.

 

As a registered user, the OP has as much rights to post as any other user.

The OP also has as much rights to post without getting slated for it.

I have no objection to reasoned argument, that's what the site is about.

But let's keep it impersonal.

 

If you have any doubt as to what is and what is not acceptable, I refer you to the site rules, which you might do well to read.......

 

http://www.consumeractiongroup.co.uk/forum/forum-rules-please-read/9-forum-rules-please-read.html

 

Rooster-UK.

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Thank you. :)

 

I am totally unbiased. I do not take sides.

I merely implement the site rules without favour.

If this has been useful to you, please click on the scales at bottom left of post. Thanks.

 

Advice & opinions of Rooster-UK are offered informally, without prejudice & without liability. Please use your own judgment.

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YOU are joking.

What do you think i am a mug?

I rather the fos take action against the company in question ,that is what they are there for .

You seriously expect me to show you,an employee of a dca this and numerous other threats ....no chance.

Just take my word for it,it and all the threatening letters are being posted tomorrow to the fos.

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Nope, I don't expect a thing. It's up to you whether you want to or not, plenty of people on here choose to scan letters from DCAs onto here. If you don't want to, that's your decision. You asked if the letters were illegal, however you have not quoted what they actually say, so I can't answer your question.

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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