Debt Collectors pretending to be bank

[Mustard]

Just to double check that its Letter N in this section I need to send off to 1st Credit?

 

http://www.consumeractiongroup.co.uk/forum/general-debt-issues/20758-creditors-dcas-letter-templates.html

 

Cheers,

[PGH7447]

correct, costs £1 send it by recorded delivery if you get an agreement within the 12+2 days time limit post it up on here for it to be checked out

[Mustard]

correct, costs £1 send it by recorded delivery if you get an agreement within the 12+2 days time limit post it up on here for it to be checked out

 

Will do.

 

This place is certainly an eye opener!

 

In the meantime, when they call I just say "everything in writing now please" ?

[PGH7447]

correct, do not even bother to go through the security questions, really pee's the phone drones off:)

[Mustard]

correct, do not even bother to go through the security questions, really pee's the phone drones off:)

 

 

When they ask what is my date of birth / mothers maiden name I'll just say "I cant remember, can you give me a clue?"

[UnmoderatetheNet]

This is a really interesting thread, maybe a bit off subject but how do HBOS decide which debts get sold to 1st credit and which go to CL Finance?

 

Is it highest bidder or difficulty collecting?

[hillards]

This is a really interesting thread, maybe a bit off subject but how do HBOS decide which debts get sold to 1st credit and which go to CL Finance?

 

Is it highest bidder or difficulty collecting?

Probably something to do with whoever is first to supply a tub of vaseline...

[Mustard]

Cheeky buggers.

 

Today is the day they said is "my last chance to pay before legal action" I have just had a text message from them asking me to call.

 

[hillards]

Today is the day they said is "my last chance to pay before legal action" I have just had a text message from them asking me to call.

But you're not going to call of course, and you're not going to talk to them if they call you.

 

For the hell of it, send them the telephone harassment letter as well, telling them in no uncertain terms to correspond in writing only.

 

Then, if they call or text again, they'll have to change the message to "...last chance to pay before illegal action".

 

Over the years there have been many laws passed to prevent minority groups from being insulted and harassed, like Race Relations, Homophobia and many more - maybe debt recovery is the only place left for all the bigots who can't get their kicks in any other way? Lots of shouting and threats, making people feel small and worthless, but when you look at where they stand legally they are the ones often found to be breaking the law.

 

In the same way as there is nothing wrong with the colour of your skin, or sexual orientation, ther's nothing wrong with being in debt, especially when your personal circumstances have forced this upon you. I do disagree with some people mis-using the law just to get out of paying, but we usually find on CAG that the people needing help are those who have been forced into a corner by the DCA's. Once you find out the true story of how the DCA's operate you tend not to be as willing to co-operate with their demands, we need to appreciate that they are just bullies...

[Mustard]

But you're not going to call of course, and you're not going to talk to them if they call you.

 

For the hell of it, send them the telephone harassment letter as well, telling them in no uncertain terms to correspond in writing only.

 

Then, if they call or text again, they'll have to change the message to "...last chance to pay before illegal action".

 

Over the years there have been many laws passed to prevent minority groups from being insulted and harassed, like Race Relations, Homophobia and many more - maybe debt recovery is the only place left for all the bigots who can't get their kicks in any other way? Lots of shouting and threats, making people feel small and worthless, but when you look at where they stand legally they are the ones often found to be breaking the law.

 

In the same way as there is nothing wrong with the colour of your skin, or sexual orientation, ther's nothing wrong with being in debt, especially when your personal circumstances have forced this upon you. I do disagree with some people mis-using the law just to get out of paying, but we usually find on CAG that the people needing help are those who have been forced into a corner by the DCA's. Once you find out the true story of how the DCA's operate you tend not to be as willing to co-operate with their demands, we need to appreciate that they are just bullies...

 

They will have my CCA letter by now too

[UnmoderatetheNet]

Today is the day they said is "my last chance to pay before legal action" I have just had a text message from them asking me to call.

 

 

Send a text back saying 'Last chance to send CCA before I stop paying'

[blueboy987]

They are saying that they are preparing to take me to court to put a charge on my house, and make me bankrupt?

 

Have a good read through the forums here so you can get a good understanding of the tactics that DCA's use to get you to pay them. I remember a phone call with them at least two years ago....

 

Them : Pay us in full.

Me : I can't I don't have any money.

Them : We'll take you to court and they'll force you to pay.

Me : They can't I don't have any money.

Them : We'll get the court to send a bailiff round to take all your possessions.

Me : Go ahead there's nothing left I've sold it all on ebay.

Them : We'll go to the courts to repossess your house.

Me : Go ahead I'm in negative equity so you'll be doing me a favour.

Them : We'll file a bankruptcy claim.

Me : Go ahead I'm already technically bankrupt and you'll save me the cost of doing it myself.

 

They did eventually take it to court, just before Christmas so it took them over two years from that phone call, which I'm now fighting and am currently in a pretty strong position due to them being bunch of morons and being unable to file the court claim properly.

 

Follow the advice on the forums and you'll sort it out, if you're worrying or panicking then don't - that is exactly what they want you to do.

[Mustard]

Suprise Suprise they called me Saturday morning.

 

Conversation went like this

 

1st C - "hello is that Mr Mustard?"

Me - "yes it is"

1st C - "This is 1st Credit, re your Halifax Account"

Me - "Im doing everything by post now, you should of recieved my CCA request letter"

1st C - "Yes thats why we are callling"

Me - "I assumed you would of recieved it this morning"

1st C - "I would like to discuss that with you"

(taken through security questions)

 

Basically they said that once the CCA has been sent I am then liable for the FULL AMOUNT without fail

[PGH7447]

really!!

 

and are they going to send it, and please stop talking to them

[hillards]

...they called me Saturday morning.

1st C - "hello is that Mr Mustard?"

(taken through security questions)

Basically they said that once the CCA has been sent I am then liable for the FULL AMOUNT without fail

That's the first rule of CAG broken - DO NOT speak with these people on the phone, insist everything is in writing. This protects you from them making spurious remarks on your computer file at their end - for all you know they could now have your 'full agreement' to pay up on their system, and can you prove otherwise?

Once you've gone through 'security' they can confirm they spoke to you. If you're going to do 'everything by post' thern stick to that rule.

 

...they said that once the CCA has been sent I am then liable for the FULL AMOUNT without fail...

Usual uninformed trash - IF they can produce a CCA, and it's valid, they may ask you to consider payment. If the CCA is unenforceable then you tell them so, if they miss the deadline for providing the document, tell them so.

 

At the end of all this, presuming they could find a legally binding document, you do not have to jump because they say so. They still don't have any power to foce you to do anything, unless it goes through a court. That's the only time you listen to someone telling you what to pay and when, not because some threat monkey at FC says so.

 

Remember who started the agressive behaviour in dealing with this.

[Mustard]

correct, costs £1 send it by recorded delivery if you get an agreement within the 12+2 days time limit post it up on here for it to be checked out

 

Hi all.

 

Well the 12 + 2 time limit has past and no sign of the agreement?

 

What now?!? :?

[ODC]

Sit back and do nothing. They are in LEGAL DEFAULT of your CCA request and should cease all collection activity. If they telephone you or send any more begging letters then let us know and we will give you a suitable BOGOFF letter for them.

 

Their behaviour to date has been completely against all the rules even though their leader regularly spouts on that his threat monkeys abide by the rules. Total hoqwash of course but I suppose he is of the Josef Goebbels school of thought that if you repeat a lie often enough people will beieve it.

 

They may pass this alleged debt on to their paramilitary wing CONnaught.

 

NEVER SPEAK TO A DCA OTHER THAN THROUGH A MEDIUM

[Mustard]

..

 

They may pass this alleged debt on to their paramilitary wing CONnaught.

 

 

NEVER SPEAK TO A DCA OTHER THAN THROUGH A MEDIUM

 

What? There is someone worse than the current lot?!

[ODC]

Worst Credit use their closely related buddies CONnaught Collections to do their dirty work. CONnaught are well known for their frivolus use of the Statutory Demand System. They are as reputable as Worst Credit

[Mustard]

Worst Credit use their closely related buddies CONnaught Collections to do their dirty work. CONnaught are well known for their frivolus use of the Statutory Demand System. They are as reputable as Worst Credit

 

So then what happens? Does this whole thing start all over again like pass the parcel with the alleged debt??

 

What is the normal outcome to these situations, do they have to right it off because they dont have the legal power to do anything?

[ODC]

If 1st Credit do not comply with your Legal request for a CCA within 12 working days they become in DEFAULT and as such should not pass the alleged debt on or take any collection activity with regard to it. Sit tight until you hear from them

[Mustard]

If 1st Credit do not comply with your Legal request for a CCA within 12 working days they become in DEFAULT and as such should not pass the alleged debt on or take any collection activity with regard to it. Sit tight until you hear from them

 

The 12 working day deadline passed last week, and still no sign of the CCA

[Agent Mulder]

It happens so often that they will claim it is normal practise for the DCA's to do this

 

Then again, the whole process could do with testing out properly - it it legal for a DCA to issue paperwork on behalf of their 'client'? Is the bank still their client, even though they have bought the account details? If a court was to decide that the original creditor was no longer responsible for the account as soon as the debt was sold on, would they then be liable to send a letter of assignment anyway?

 

Chicken and egg, they either abide by the cut-off point, as soon as the debt is sold, or carry out the final act of sending the letter. I'm unsure how this stands in law but, as I originally said, the DCA's consider it part of them taking an account on to send the letter with their introduction.

 

Even if someone got this type of thing to court as fraud, it's going to be difficult to recall the thousands of similar letters already issued. I mean, all those DCA's without a leg to stand on...

 

An assignee steps into the shoes of the assignor and assumes all rights under the original contract. DCAs often state that they are collecting a debt on behalf of a client, therefore implying that an agency exists.

 

If the former applies, the DCA cannot pretend, for want of a better word, to be the bank or company that was a party to the original agreement. The debt "belongs" to the DCA as all of the rights of the original party have been extinguished.

[Mustard]

Despite the threatening attitude of the DCA who told me when I asked them for a copy of my CCA "as soon as you receive your CCA, we want full payment" one month on I still havent recieved it

[Mustard]

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