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    • Thanks all. Think I have come to a plan dx please correct me if I am getting you wrong but I am going to go down the route you suggest. simply stop payments for now until I receive a DN and it gets marked on my file. Then contact each lender and start making token payments to each one. i then assume most like they will then at some point sell to DCA. Once they are sold I’ll be coming back to see how best I deal with it.  Let me know if I am making some error in judgment or missing anything with my plan 
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    • J&P Credit Solutions are specialists on debt recovery. Either way they seem to be swapping between the JandP and IDR whatever their exact definitions are.
    • Primary and secondary teachers are supporting pupils with their own money, buying food and warm clothing. Eight in 10 primary teachers in England spending own money to help pupils | Education | The Guardian WWW.THEGUARDIAN.COM Increasing numbers of children hungry and lack adequate clothing, with two-thirds of secondary teachers also supporting pupils  
    • I googled "prescribed disability" to see where it is defined for the purposes of S.92. I found HMRC's definition, which included deafness. I don't  think anyone is saying deaf people cant drive, though! digging deeper,  Is it that “prescribed disability” (for the purposes of S.88 and S.92) is defined at: The Motor Vehicles (Driving Licences) Regulations 1999 WWW.LEGISLATION.GOV.UK These Regulations consolidate with amendments the Motor Vehicles (Driving Licences) Regulations 1996...   ….. and sleep apnoea / increased daytime sleepiness is NOT included there directly as a condition but only becomes prescribed under “liability to sudden attacks of disabling giddiness or fainting” (but falling asleep isn't fainting!), so it isn’t defined there as a “prescribed disability”  Yet, under S.92(2)(b) RTA 1988 “ any other disability likely to cause the driving of a vehicle by him in pursuance of a licence to be a source of danger to the public" So (IMHO) sleep apnea / daytime sleepiness MIGHT be a prescribed disability, but only if it causes likelihood of "driving being a source of danger to the public" : which is where meeting / not meeting the medical standard of fitness to drive comes into play?  
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Credit Security, Callserve and the Old Court House?


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dont think they will leave us alone!!

 

You need to show them that your are going to be VERY DIFFICULT to deal with - by boning up on all your rights and how to use things like the £1 CCA request, £10 SAR and CUPTR 2008 - there are templates and examples of all these things in CAG templates or other relevant threads.

 

First thing to do is send the DCA a PROVE IT Letter - including bits from the anti harassment letter - i.e telling them DO NOT telephone me or send any calers to my home - only communicate in writing - see templates on CAG on these issues.

 

If you want to put together your own letter (based on templates ) then feel free to post it up for us to check and comment on before posting off - Ensure it contains NOTHING that can identify you - E.g. Exact amounts claimed, dates , account nos etc.

 

DCA's are lazy - and tend to only be paid on results - so they will make life unbearable for soft touches who agree to payments and will veer away from those putting up a fight - like all bullies.

 

Remember - KNOWLEDGE IS POWER - NIL ILLEGITIMI CARBORUNDUM!

 

BD

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I cam't afford the £1 so happy for them to waste their postage on me - always amazes em that they seem to think the same tactics will work when previously they have failed when they get your details for the second or third time

If you can keep you head when all of those around you are losing theirs try parking your helicopter somewhere else

 

 

The PPI Saga

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Just that - something that WOULD stand up in Court. However I'm pretty sure it won't happen - CSL seem to be pretty useless.

 

They CAN'T clamp your car without proper authority - and private clamping is about to be (or is now?) outlawed in England - as it was in Scotland many years ago.

 

Sorry if I spooked you - just wanted to re-assure you.

 

BD

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I am sure they would say that they have, more then likely a signed and enforceable CCA (which my hubby does not recall signing), just waiting for the day the papers land! as I have said before the SAR was shocking and there are no default letters or notices of assignment. need to win the lottery to pay it off, its not an large amount circa £1900.

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Thanks for your response. Unfortunately "Credsec" and it's associated email addresses are either no longer in existence or have taken down the website. CSL appear to be a bunch of shady bullyboys, and in the absence of an email address I'll just send a recorded delivery intimidating letter of my own.

I dont have an address but think there may h ave been one posted earlier on in this thread. i will have a look on my paperwork at home?
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Thanks for that - most appreciated. My current position is annoyed and resentful with Lloyds TSB, and intending to stop these thugs calling me at work.

a recorded letter (if your funds allow) is generally the best method as you can track and prove delivery, but will check for you this evening and come back to you.

 

What is your current position?

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will do. will this send them away though.......!

 

They would be VERY stupid if they lied in response to a CPUTR 2008 request asking them to confirm they had in their possession an original signed properly executed CCA. If they say they have, ask for a true photocopy of the ENTIRE document and all other documents referred to within it. If they refuse, ask them where you can inspect the original. If they still refuse tell them that in any court proceedings you will be putting them to strict proof. I bet no proceedings will happen.

 

Regarding other posts on spending the £1 on a CCA request, or the cost of Recorded Delivery - a CPUTR 2008 request (which is free) is more useful than the CCA S.77/78 request (which costs £1) and if you get proof of posting (free from any post office) - you don't need to pay for RD since under Interpretation Act, if you posted a letter and it is not returned to you, it is deemed to have been delivered.

 

I always put on my letters PROOF OF POSTING OBTAINED - PLEASE NOTE PROVISIONS OF INTERPRETATION ACT.

 

So, to summarise, if you use good CAG templates (modified to fit) you will show these pond life that you KNOW your rights, (telephone harassment, CCA, CPUTR, Interpretation Act etc.) then they should realise YOU are NOT going to be easy pickings and IF THEY CAN'T ENFORCE the debt, then they should stop wasting their money and your time and go after some other less well informed hapless soul.

 

Good luck!

 

BD

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I don't think they will get the signed CCA's from the OC as a matter of course - and would need to ask for them to respond to a CPUTR 2008 request - so would possibluy just hand the file back to the OC at that point. I'm about to test this out with CSL, AKtiv Kapital and Cabot.

 

Many OC's such as MBNA, Barclaycard (a big CSL customer) shredded a lot of signed CCA documents in the mid 2000's - so neither they nor their DCA's can actually produce them - they try to bluff using Carey and S77/78 instead of actually coming right out and saying they don't have an original signed properly executed CCA agreement.

 

It's a numbers game - many people give in to letter threats, telephone harassment etc. - so court is a last (more expensive and less reliable) option for most DCA's. Some are more litiguous (Bryan Carter?) than others.

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I will look for a good template and modify and post up later today for clearance to go!

 

my thoughts are - IF they had a valid CCA would they not have insitgasted proceedings as CSL seem to be bully thugs as this particular thread has shown?

 

FDAO

 

See attched link about a thread I tried to get going on this topic.

 

Hope it helps?

 

BD

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?227592-How-ready-are-various-DCA-s-or-Original-Creditors-to-go-to-Court&p=2520642&viewfull=1#post2520642

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OK - see above post 65. Until you've used CPUTR 2008 you don't know just what ammo CSL have. They may well have what they need - but no sense second guessing.

 

As I said, Court action is almost always a last (high risk) resort especially for a DCA. Also if you've got wider issues - other debts/arrears etc. then I would think about contacting CCCS etc. and get their help to keep the wolves at bay - but first read this excellent thread - lots of good advice here!

 

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?289118-At-the-end-of-your-tether-an-alternative-debt-management-strategy&p=3246590&viewfull=1#post3246590

 

BD

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From doing a bit of digging on this site and a few others consumer sites, it appears that dca like csl, iqor, and apex are the last of the real chasers that lloyds use and thing go quite when you have seen off these. Also it does appear that none of these companies have any real bite, only the original creditor can take you to court and these are working on the oc behalf.

The one thing i have found that gives me some concern, is a few threads i have found where everything goes quite for a couplw of years its just about to go statue barred and a statutory demand turns up from a dca who specialise in buying debts that are almost sb.

Its been quite for me for sometime now

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I got Apex as one of the first ones then CSL and now Iqor

 

Even when people had my phone number CSL never used to call just write lots of letters which I have kept for now

 

Feelingdownandout don't stress over CSL :-)

If you can keep you head when all of those around you are losing theirs try parking your helicopter somewhere else

 

 

The PPI Saga

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thanks RV, the thing is ideally I would love to pay it off for hubby and get rid once and for all, just done have money like that sticking out my back pocket! not to mention that the OC wouldnt agree a repayment plan, and the other DCA's were holding is to ransom on agreeing a dmp (pay stupid deposit now and we will condsider a dmp) so just took the advice given and did nothing. the famous CSL pink letter appeared with 'final chance to pay a reduced amount' or court action, thing is what to do next...!

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