Wilko v just about everybody

[wilko1]

How many times do you think Cabot will phone me to be told, put it in writing I won't discuss it on the phone. So far it is 30, and I still haven't received anything in writing.

[Shawn0109]

Dont answere the phone to these people dont call these people, if they write to you regarding a credit card debt send the CCA Prove it letter do everything in writing, also when you do get written letters from them you might want to send another one back saying/demanding that they stop all phone calls.

[wilko1]

If I get taken to court by a DCA, and I haven't received a NOA, how do I prove, I know I shouldn't have to, that I haven't received the NOA. Is there anywhere that I can print off a hard copy of rules/regulations that show that the OC should have proof of posting.

[Pinky69]

If you have to go to court you can ask them for everything they have on your file under the Civil Procedure Rules. That will prove whether they sent you a NOA or not.

[wilko1]

Thanks

Wouldn't they just be able to print off and back date a NOA, I was thinking of ways of putting the onus on them to prove that they sent it and that I received it.

[Pinky69]

I can think of no way of proving postage by a sender. I expect on a file it will just say "sent on such-and such a day" and in court that would come down to your word against theirs.

[Kraken1]

Can't prove a negative.

Ask God.

[overdone]

If I get taken to court by a DCA, and I haven't received a NOA, how do I prove, I know I shouldn't have to, that I haven't received the NOA. Is there anywhere that I can print off a hard copy of rules/regulations that show that the OC should have proof of posting.

Done in the prescribed manner, they should do this via R/Delivery but most do not.

[wilko1]

I'm aware that say Lloyds credit card company can take money from your Lloyds current account, it's not nice but I know they do it. But can they take payments for your credit card when the current account is already overdrawn, thereby increasing how much overdrawn you are.

[DocH]

You'd need to look at the terms and conditions of your credit card and current account to be absolutely sure. Chances are they can, if your overdraft is not up to its limit.

[wilko1]

Has anyone come across these people before? Are they a part of Am Ex or a seperate DCA?

 

Thanks

[mr.ton]

I was thinking they could be a group set up to counteract CAG

[maroondevo52]

The word 'chancers' springs to mind.

 

MAJOR DEBT COLLECTION AGENCY AGREES TO PAY $146,000 CIVIL PENALTY TO SETTLE FTC CHARGES THAT

IT VIOLATED FAIR DEBT COLLECTION PRACTICES ACT

 

United Creditors Alliance Corporation, a major nationwide debt collection agency, has agreed to pay a $146,000 civil penalty in settlement of Federal Trade Commission charges that it repeatedly violated the Fair Debt Collections Practices Act (FDCPA). The FTC alleged that United Creditors called after hours; used obscene, profane or abusive language; falsely threatened consumers with arrest, garnishment of wages, or other legal action and engaged in a variety of other FDCPA violations when attempting to collect debts from consumers. The settlement, filed in federal court, would prohibit the Columbus, Ohio-based company from violating the FDCPA and require it to pay the civil penalty.

 

The FDCPA prohibits abusive, unfair or deceptive debt collection practices. Under the FDCPA, a debt collector may not use obscene, abusive, or profane language, or contact a consumer at inconvenient times, such as before 8 a.m. or after 9 p.m. Also, debt collectors may not make false statements, use false names, or threaten a legal action they do not intend to take.

 

 

Regards.

 

Scott.

[westendwendy]

The English leg is NCO Europe:

 

NCO Europe Ltd.

Old Docks House

Watery Lane

Preston, England PR2 1AU

01772 765000

[wilko1]

Apologies if this is so simple I should know the answer, but I don't.

Some DN's have the full amount of the debt on them, yet others only have the amount of the arrears. Why is this and what are the implications for the debtor.

 

Thanks

[tendogs]

Have a look at this:

 

PART VII

DEFAULT AND TERMINATION

Default Notices

 

87

.—(1) Service of a notice on the debtor or hirer in accordance with section 88 (a "

default notice ") is necessary before the creditor or owner can become entitled, by

reason of any breach by the debtor or hirer of a regulated agreement,—

(a) to terminate the agreement, or

(b) to demand earlier payment of any sum, or

© to recover possession of any goods or land, or

(d) to treat any right conferred on the debtor or hirer by the agreement as

terminated, restricted or deferred, or

(e) to enforce any security.

(2) Subsection (1) does not prevent the creditor from treating the right to draw

upon any credit as restricted or deferred, and taking such steps as may be necessary to

make the restriction or deferment effective.

(3) The doing of an act by which a floating charge becomes fixed is not

enforcement of a security.

(4) Regulations may provide that subsection (1) is not to apply to agreements

described by the regulations.

88

.—(1) The default notice must be in the prescribed form

and specify—

(a) the nature of the alleged breach;

52

(b) if the breach is capable of remedy, what action is required to remedy it

and the date before which that action is to be taken;

© if the breach is not capable of remedy, the sum (if any) required to be

paid as compensation for the breach, and the date before which it is to be paid.

(2) A date specified under subsection (1) must not be less than seven days after the

date of service of the default notice, and the creditor or owner shall not take action

such as is mentioned in section 87(1) before the date so specified or (if no requirement

is made under subsection ( 1)) before those seven days have elapsed.

(3) The default notice must not treat as a breach failure to comply with a provision of

the agreement which becomes Operative only on breach of some other provision, but

i£ the breach of that other provision is not duly remedied or compensation demanded

under subsection (I) is not duly paid, or (where no requirement is made under

subsection ~1)) if the seven days mentioned in subsection (2) have elapsed, the

creditor or owner may treat the failure as a breach and section 87(1) shall not apply to

it.

(4) The default notice must contain information in the prescribed terms about the

consequences of failure to comply with it.

(5) A default notice making a requirement under subsection (1) may include a

provision for the taking of action such as is mentioned in section 87(1) at any time

after the restriction imposed by subsection (2) will cease, together with a statement

that the provision will be ineffective if the breach is duly remedied or the

compensation duly paid.

89

. If before the date specified for that purpose in the default notice the debtor or hirer

takes the action specified under section 88(1)(b) or © the breach shall be treated as

not having occurred.

 

[wilko1]

Are these people a part of Barclays or a separate entity?

Thanks

[mr.ton]

They are a seperate company altogether i think?

[Poppay2]

Are these people a part of Barclays or a separate entity?

Thanks

Just wondering did they used to call themselves Ultimate Credit Solutions, are they based in scotland?

I could be wrong and thinking of a totally different dca.

P.

[Toulose LeDebt]

Different company from Barclays, based in Purfleet Surrey. Very amateurish IMO but par for the course. Even though they knew they shouldn't be contacting me as the a/c in question wasn't even at default stage yet they still kept asking for payment repeatedly. Took me two full days to get rid of them.

[Poppay2]

if they are who I think they are, I had dealings with them years ago, nasty people! Shame I hadn't found this site then, I would have upset them instead of them upsetting me.

P.

[wilko1]

Is it legal to have your pay paid into a friends bank account?

Thanks

[Michael Browne]

AFAIK you can have it paid into any a/c, but I can think of several scenarios that could be problematic, so not something I would recommend

[wilko1]

I received a letter from Horwich Farrelly asking me to send in proof that I do not owe their client anything. hehehe what next?

[mr.ton]

Oh & how are you supposed to do that exactly?