Debt Collectors pretending to be bank

[Nottsdave]

shame no agreement = no money !!!!

 

Its up to them now, I would just wait and see what there next move is, without a agreement they will struggle to take it further than the usual load of threats etc.

 

Notts

[mr.ton]

Update -

 

The DCA just called me and said that "they cannot find a copy of the CCA " the money I sent them for the CCA will not be refunded and that its just as much my responsabilty to keep a copy

 

This actually becoming a farce.

 

Any thoughts and comments welcome

 

Typical slimey DCA behaviour - just ensure that £1 is the last they ever receive off you

[DonkeyB]

Typical slimey DCA behaviour - just ensure that £1 is the last they ever receive off you

 

No, don't do that! For goodness sake, demand your £1 back - they may sneakily credit it against your 'account' and subsequently claim you made a payment.

 

Play the slimy toerags at their own game.

 

Have they informed you in writing that they don't have it?

[Mustard]

 

Have they informed you in writing that they don't have it?

 

Good thinking, I will send them off a letter now

 

I am actually sitting here in disbelief at their response to the lack of a CCA.

 

They said that the fact that I have made payments in the past 'proves' that I am aware that an agreement exists (somewhere) and that the agreement is still valid

[DonkeyB]

It's very tempting just to tell them to s*d off, but as well as covering your own backside, it can be quite amusing watching them squirm. While the legendary Mr Ton is absolutely correct, it's worth doing it all by the book just in case it ever got to court. And every letter you write will cost them a disproportionate amount of time and money to deal with.

 

I'd suggest you request all communications in writing from now on, so you have an audit trail. If you're enjoyng your little chats with the lowlifes, then try to record the calls.

 

And the fact that you made payments is irrelevant, so if you'd had that recorded you could prove they were trying to mislead you.

Edited March 11, 2009 by DonkeyB
Missed a bit

[Mustard]

Update.

 

3 months on now, and the DCA havent been in contact since they admitted they couldnt produce a CCA. I assume I will have to now sit here and wait to see what if anything they will do next.

 

Without a CCA, does this make the whole debt enforcable / non existant in the eyes of the law?

 

Many thanks for all you guys and girls help. I genuinely cant thank you enough

[DonkeyB]

No, the (alleged) debt doesn't go away, but they won't be able to enforce it through the courts.

 

Beware, though, sometimes these numpties go quiet for a while and then come out all guns blazing when another threat monkey picks up the account and thinks it worth another go...

 

Just be on your guard, keep good records and play 'em at their own game! Good luck. Let's hope they've crawled back under their stone for good.

[Mustard]

Update.

 

4 months on from my first post on 1st Credit.

 

In yesterdays post I recieved (and I'm not sure why?) copies of all my statements relating to the account from 1st Credit - no covering letter, just a Compliment Slip with their reference number written on?

 

Why have they sent these? I havent asked for them??

[DonkeyB]

I refer you to post 57! Sit tight, as it certainly isn't a CCA.

[Mustard]

Update. For those who were following this thread

 

No news really, havent heard a thing from them for a good few weeks now. As someone said they may of crawled under their rock or are regrouping.

 

Seems that they were all (empty) threats and with no legal weight to back it all up.

[Toulose LeDebt]

Update. For those who were following this thread

 

No news really, havent heard a thing from them for a good few weeks now. As someone said they may of crawled under their rock or are regrouping.

 

Seems that they were all (empty) threats and with no legal weight to back it all up.

 

 

Good!

 

This thread is an exemplary example of somebody empowering themselves against a debt collection agency through CAG.

 

1) OP making regular payments to a creditor.

 

2) The creditor becomes greedy and passes it on to the DCA.

 

3) The DCA start their tirade of abusive and deceitful practice.

 

4) Worried OP seeks help and becomes a Cagger

 

5) Cagger receives advice and support from other Caggers.

 

6) Cagger asserts their (newly discovered) legal rights upon DCA

 

7) DCA fails to comply with legislation

 

8) DCA gets nothing, OC gets nothing.

 

9) Cagger sits back knowing that even if by some miracle at some stage in the future the DCA produces a CCA all he has to do is post it on the site and the experts will rip it apart and until such time any threats made by the DCA are empty and unenforceable.

 

 

When will the DCA's learn?

[cashins]

Seems that they were all (empty) threats and with no legal weight to back it all up.

 

You have just summed up the basis of the entire credit collection industry.

 

David

[Mustard]

Update.

 

I recieved a letter from LCS Solicitors a couple of days ago (they are the legal division of First Credit) with the standard threats of "We believe you have an interest in the above property. We are looking to secure a CCJ against it" etc etc

 

Bearing in mind that I didnt (and still havent) recieve a CCA from them, can someone advise a draft of a letter I can send to these parasites pointing out of their lack of a CCA for me and hopefully stop them dead in their tracks? ??

 

Regards,

 

Mustard

[42man]

Dear Sirs,

 

I write in response to your letter dated XXXXX

 

Your letter is incorrect and frivolous, you are fully aware of legally valid reasons why no payment has been made on this account, namely that the agreement which underpins this account has not been supplied despite a perfectly valid request and furthermore, it is suggested that notwithstanding the failure to supply a copy, the agreement itself is improperly executed, devoid of all prescribed terms and deficient in respect of detail relating to APR, total charge for credit and statements of rights ,remedies and protections as required by schedules 1,2 and 6 Consumer Credit Agreements Regulations 1983

 

Therefore the agreement as outlined in section 65 (1) Consumer Credit Act must be laid before the court to be granted an enforcement order before any further action can be taken

 

It is my view that the court would not grant such an order due to the deficiencies that I have outlined within the agreement, further more this has already previously been raised with (name of bank/or dca) yet I note they have still assigned the account over to yourselves and the absence of any documents disproving my points itself speaks volumes

 

Therefore, I would indeed welcome the opportunity to place this before the court. furthermore should you proceed with the threats to issue a court claim, I will make an immediate application to have it set aside for the grounds outlined above, also I shall refer the judge to this letter when the matter of costs falls due

 

I trust this outlines my position clearly enough for you

[Mustard]

Dear Sirs,

 

I write in response to your letter dated XXXXX

 

Your letter is incorrect and frivolous, you are fully aware of legally valid reasons why no payment has been made on this account, namely that the agreement which underpins this account has not been supplied despite a perfectly valid request and furthermore, it is suggested that notwithstanding the failure to supply a copy, the agreement itself is improperly executed, devoid of all prescribed terms and deficient in respect of detail relating to APR, total charge for credit and statements of rights ,remedies and protections as required by schedules 1,2 and 6 Consumer Credit Agreements Regulations 1983

 

Therefore the agreement as outlined in section 65 (1) Consumer Credit Act must be laid before the court to be granted an enforcement order before any further action can be taken

 

It is my view that the court would not grant such an order due to the deficiencies that I have outlined within the agreement, further more this has already previously been raised with (name of bank/or dca) yet I note they have still assigned the account over to yourselves and the absence of any documents disproving my points itself speaks volumes

 

Therefore, I would indeed welcome the opportunity to place this before the court. furthermore should you proceed with the threats to issue a court claim, I will make an immediate application to have it set aside for the grounds outlined above, also I shall refer the judge to this letter when the matter of costs falls due

 

I trust this outlines my position clearly enough for you

 

Many thanks for taking the time to respond

 

I should point out I have been making £1 per month payments on the account still. Does that hold me in admission of 'guilt' ????

[UnmoderatetheNet]

The following are deemed to be at the very least UNFAIR practices.

 

a) Section 2, 2 b, leaving out or presenting information, in such a way that it creates a false or misleading impression .or exploits debtors’ lack of knowledge.

 

NOT MENTIONING CCA IS BEYOND BELIEF.

 

b) Psychological harassment, as described in Section 2.6 g, making threatening statements or gestures, or taking actions suggesting harm. Threatening charging order.

 

REPORT THEM!!!!! REPORT THEM!!!!!

[cashins]

No - the debt exists, however if they have no/duff CCA or have screwed up in other way, it just becomes unenforceable.

 

David

[veryweary]

Many thanks for taking the time to respond

 

I should point out I have been making £1 per month payments on the account still. Does that hold me in admission of 'guilt' ????

 

 

It's your choice when you continue to pay £1 per month, but personally I wouldn't pay them another penny. They can't find your agreeement, so you're legally entitled to withold payment till they produce a compliant copy.

Continuing to pay them gives them the impression you're not sure of your position leaving you open to their continued threats, they think if they up the pressure with legal looking letters you'll cave in.

 

Incidentally LCS solicitors sit at the next desk to all their other phone monkeys, just look at their address. If they were going to take you to court and they won't without any agreeement they would be using Connaught or one of their other vultures.

 

You also really need to report them to Trading Standards .1stCredit openly admit in letters to other people they know a debt is unenforceable in court until they produce an agreement. so they're just taking the **** here. The OFT will rap them for breaking CPUTR 2008 regulations and you'll be helping some other poor soul who hasn't found CAG and doesn't know any of his rights.

 

Please , please report them.

[Mustard]

Here we go again.....

 

Sent the letter as per post # 64 in this thread and got the following response...

 

"Dear Sir / Madam.

 

We refer to your recent communication requesting a copy of the relevant agreement.

 

The document is retained by our client. We will therefore advise them of your request and arrange for the document to be sent to you as soon as possible......

 

etc etc etc..."

 

BUT surely as they have already missed their chance to send me the CCA as per the start of this thread in January they just cant send it to me now and that makes the whole process back to their side again?

[cashins]

BUT surely as they have already missed their chance to send me the CCA as per the start of this thread in January they just cant send it to me now and that makes the whole process back to their side again?

 

If they were to come up with an agreement that was enforceable - the debt would then be enforceable.

 

It's bullsh*t though - ifthey could get one you would know about it by now!

 

David

[mr.ton]

You'd think the client would have thought of that before they sold the debt onto the DCA....but obviously not.

[Mustard]

If they were to come up with an agreement that was enforceable - the debt would then be enforceable.

 

It's bullsh*t though - ifthey could get one you would know about it by now!

 

David

 

Hi David.

 

Understood. But surely as I requested it back in January and it never appeared, they cant just produce it now as its now not only 12 + 2 days past the request date its nigh on 9 months?!

[mkb]

Don't worry about the letter!

 

IF they produce an agreement, post it on here & let those that know pick through it to see if it's enforceable.

 

Save your energy for running your company

[Mustard]

Many thanks.

 

On topic, does anyone know if the profits for DCA are falling due to the public being more aware of what limited powers they actually have?

[mkb]

Many thanks.

 

On topic, does anyone know if the profits for DCA are falling due to the public being more aware of what limited powers they actually have?

 

 

One can only hope this is the case