D.C.A. calls in the police

[barry_2008]

I was just wondering why police was in the subject text box of the thread.

[mr.ton]

Heres a one for you. Since were here to help.

Were notifying you under section 24 of the pace act we have a right to request money under the tocs of our clients.

We belive you are avoiding this debt and do not intend to repay our funds we apply under the terms of the OFT. We also belive our request is made in plain an inteligiable language. Any comment made will be used in a court of law.

 

Since when has the pace act had anything to do with it/and who has said that exactly?

Being in debt is NOT a criminal offence..its a civil issue.

[Smarterchick]

Oh what did I start!

 

Firstly, I do not work for a DCA or anything like it. Secondly I hate DCA's with a passion, Thirdly, I am a law abiding citizen and....

 

a) Under the law and business law at that, a debt may be assigned and this, as has been said above, is in the T & C's of ones loan, credit card, a.n.other debt invariably.

 

b) There is nothing illegal in the assigning of a debt, either under the CCA or the Law of Property Act 1925 at whatever commercial rates can be acheived. So, that gives a DCA the right and the duties covering collection and retaining the benefits of the debt. That's ' business'.

 

c) If the originial creditor had not assigned the debt it would remain outstanding to the OC and still need to be paid, so what is the difference in who you pay?

 

d) Assuming (and I don't normally) the approach of Mr Ton is used, it becomes an abuse of process and outside CPR rules not to mitigate the need for court so negotiating with the assignee is no different ( on an even playing field) than negotiating with the OC other than the fact you believe you know the price they paid, resent that and use that as some kind of bargaining tool.

 

e)We all feel the OC's should and could hold on to the accounts longer and treat their customers fairer than the do, however, we have to accept that commercial decisions are made and it is well within the OC's right to assign the debt to raise capital.

 

f) We all agree the DCA vehicle which the accounts are assigned to leaves one hell of a lot to be desired. With the help of people complaining and using the laws, encouraged by advice provided on here the industry which has benefitted greatly, the Debt Collection Industry, gets a very regular and very sharp swift winkle picker up its rear end to tell it to respect the laws which are there to protect the consumer and regulate their industry. We have all succeeded in achieving massive strides towards that, although not there yet.

 

As I mentioned before, respect of the law on both sides is necessary, sort the facts from emotions and begin with the facts

 

DCA's are legitimate businesses. ( and don't accuse me of working for them -I don't and hate them with a passion)

 

DCA's break laws

 

Consumers use the laws to respond, not "ignore them they'll go away" - unless, you want to gamble on them taking no notice, but keep one thing in mind...I was at a court chatting to a very senior barrister in Consumer credit who didn't want to hear my stories about a certain DCA because that DCA was one of his clients...do not ASS U ME dca's are not fighting back or likely not to turn up in court because you may well be extremely dissappointed and may well be saddled with something you hadn't wished for. Take no notice of....it's a gamble...Hillards is right, Mr Ton is, as far as gambling %'s go - wrong - in the longer term. He may well and many more may well continue to win through this tactic, but mark my words the industry is changing and I don't care how many posts he's made or how long he's been on here, Hillards is right.

 

The experiences of Sam614 are despicable, shoddy, unlawful, a disgrace to the industry, but the resolve is in using the laws there to protect the consumer - use them, trounce them with all your might, but ignore them at your peril.

 

I fully understand how traumatising these people in these dca's are when they get on the phone, I've been on the receiving end of them myself, use the rights you have under the administration of Justice Act and the Telecommunications Act 2003 and insist they correspond in writing, keep control, take Mr.Tons attitude and learn from it that you can face up to them, I admire him for that, I just think ( and he's said all this on many occassions before) he's misguided and as Hillards says, it's wrong to promote that practice in places like CAG.

 

Love you dearly Mr T, you do help a lot of people, you have what we all have though...a 'but'....and your 'but' is it's a dangerous, (albeit calculated in your hands), strategy I would not endorse.

 

I know you'll want the last word so the threads all yours

Sorry ole mate, but that's me, finished on this thread.. I'm sure you had enough of the 'silly old c*w anyway

[hillards]

DCA's are legitimate businesses.

Sorry, but I know who springs to my mind with that expression...

[barry_2008]

my comments stand

[mr.ton]

Oh what did I start!

Firstly, I do not work for a DCA or anything like it. Secondly I hate DCA's with a passion, Thirdly, I am a law abiding citizen and....

a) Under the law and business law at that, a debt may be assigned and this, as has been said above, is in the T & C's of ones loan, credit card, a.n.other debt invariably.

b) There is nothing illegal in the assigning of a debt, either under the CCA or the Law of Property Act 1925 at whatever commercial rates can be acheived. So, that gives a DCA the right and the duties covering collection and retaining the benefits of the debt. That's ' business'.

c) If the originial creditor had not assigned the debt it would remain outstanding to the OC and still need to be paid, so what is the difference in who you pay?

d) Assuming (and I don't normally) the approach of Mr Ton is used, it becomes an abuse of process and outside CPR rules not to mitigate the need for court so negotiating with the assignee is no different ( on an even playing field) than negotiating with the OC other than the fact you believe you know the price they paid, resent that and use that as some kind of bargaining tool.

e)We all feel the OC's should and could hold on to the accounts longer and treat their customers fairer than the do, however, we have to accept that commercial decisions are made and it is well within the OC's right to assign the debt to raise capital.

f) We all agree the DCA vehicle which the accounts are assigned to leaves one hell of a lot to be desired. With the help of people complaining and using the laws, encouraged by advice provided on here the industry which has benefitted greatly, the Debt Collection Industry, gets a very regular and very sharp swift winkle picker up its rear end to tell it to respect the laws which are there to protect the consumer and regulate their industry. We have all succeeded in achieving massive strides towards that, although not there yet.

As I mentioned before, respect of the law on both sides is necessary, sort the facts from emotions and begin with the facts

DCA's are legitimate businesses. ( and don't accuse me of working for them -I don't and hate them with a passion)

DCA's break laws

Consumers use the laws to respond, not "ignore them they'll go away" - unless, you want to gamble on them taking no notice, but keep one thing in mind...I was at a court chatting to a very senior barrister in Consumer credit who didn't want to hear my stories about a certain DCA because that DCA was one of his clients...do not ASS U ME dca's are not fighting back or likely not to turn up in court because you may well be extremely dissappointed and may well be saddled with something you hadn't wished for. Take no notice of....it's a gamble...Hillards is right, Mr Ton is, as far as gambling %'s go - wrong - in the longer term. He may well and many more may well continue to win through this tactic, but mark my words the industry is changing and I don't care how many posts he's made or how long he's been on here, Hillards is right.

The experiences of Sam614 are despicable, shoddy, unlawful, a disgrace to the industry, but the resolve is in using the laws there to protect the consumer - use them, trounce them with all your might, but ignore them at your peril.

I fully understand how traumatising these people in these dca's are when they get on the phone, I've been on the receiving end of them myself, use the rights you have under the administration of Justice Act and the Telecommunications Act 2003 and insist they correspond in writing, keep control, take Mr.Tons attitude and learn from it that you can face up to them, I admire him for that, I just think ( and he's said all this on many occassions before) he's misguided and as Hillards says, it's wrong to promote that practice in places like CAG.

Love you dearly Mr T, you do help a lot of people, you have what we all have though...a 'but'....and your 'but' is it's a dangerous, (albeit calculated in your hands), strategy I would not endorse.

I know you'll want the last word so the threads all yours

Sorry ole mate, but that's me, finished on this thread.. I'm sure you had enough of the 'silly old c*w anyway

 

I cant be bothered replying to all of the above waffle specifically....but needless to say, in a nutshell - i will continue to advocate what works for me (so long as i dont break any laws, which im not) & i will continue to recommend what works for me to other people on here, of whom are normally desperate & dont know were to turn.

Weather they choose to advocate that is entirely up to them one way or the other.

I give my reasons behind why i suggest what i do - i dont just say "do that" & not explain the logic/reasoning behind it etc..

You keep saying you are finished on this thread...lets hope you stick to your word this time

[barry_2008]

I guess there off to the lords

[mr.ton]

but mark my words the industry is changing

 

Too right it is...the consumers are getting even more rights & protections than what they had before

[Smarterchick]

 

I know you'll want the last word

 

What did I tell you? :D

[sosumi]

So who's got the doughnuts and can I have one please?

[mr.ton]

What did I tell you? :D

 

I never said i was leaving this thread...you did

[mr.ton]

I guess there off to the lords

 

Barry.. i & others are a bit bemused as what you are talking about on this thread?

Why dont you start your on thread & you will get all the help & responses you require

[lunar jim]

I was just wondering why police was in the subject text box of the thread.

 

WTF, did you read the first post? If you didn't, FYI this thread has gone way OT

[PGH7447]

Oh what did I start!

 

Firstly, I do not work for a DCA or anything like it. Secondly I hate DCA's with a passion, Good beginning to think another Troll had infiltrated the cag Thirdly, I am a law abiding citizen and....

 

a) Under the law and business law at that, a debt may be assigned and this, as has been said above, is in the T & C's of ones loan, credit card, a.n.other debt invariably. yes as long as the dca and oc inform the debtor, on seperate letter heads from seperate compnaies, not both from the dca, which means one must be forged

 

b) There is nothing illegal in the assigning of a debt, either under the CCA or the Law of Property Act 1925 at whatever commercial rates can be acheived. So, that gives a DCA the right and the duties covering collection and retaining the benefits of the debt. That's ' business'. it also means the dca is then responsible for providing the correct paperwork when requested and for the repayment of unlawful charges, works both ways

 

c) If the originial creditor had not assigned the debt it would remain outstanding to the OC and still need to be paid, so what is the difference in who you pay? the DCA usual pays 10p in the £ so why should we pay them the full debt, money for doing nothing, except sending threatening letters

 

d) Assuming (and I don't normally) the approach of Mr Ton is used, it becomes an abuse of process and outside CPR rules not to mitigate the need for court so negotiating with the assignee is no different ( on an even playing field) than negotiating with the OC other than the fact you believe you know the price they paid, resent that and use that as some kind of bargaining tool. Mr Ton is using the law, by maiking the DCA take him to court, thereby letting the legal system set the repayment figure, a figure by the way the DCA cannot change, or attempt to change

 

e)We all feel the OC's should and could hold on to the accounts longer and treat their customers fairer than the do, however, we have to accept that commercial decisions are made and it is well within the OC's right to assign the debt to raise capital. yes its called a TAX Break, they sell it on and receive tax concessions

f) We all agree the DCA vehicle which the accounts are assigned to leaves one hell of a lot to be desired. say that again With the help of people complaining and using the laws, encouraged by advice provided on here the industry which has benefitted greatly, the Debt Collection Industry, gets a very regular and very sharp swift winkle picker up its rear end to tell it to respect the laws which are there to protect the consumer and regulate their industry. We have all succeeded in achieving massive strides towards that, although not there yet. really is that why some of these firms still use the same threat-o-grams and tactics several years on, they realise that only a small percentage of debtors are aware of their rights and so still use the same old tactics again and again, and even think up new ones like 1st credit and capquest using Stat demands like confetti.

 

As I mentioned before, respect of the law on both sides is necessary, tell the DCA companies that then sort the facts from emotions and begin with the facts

 

DCA's are legitimate businesses. ( and don't accuse me of working for them -I don't and hate them with a passion) they may be legitimate but they use as many underhand and close to the legal limit tactics as possible, they employ cr*****s in the most part that are paid a peanut wage and are expected to supplement that wage with a bonus linked to how much they can screw out of a debtor in one go.

 

DCA's break laws

 

Consumers use the laws to respond, not "ignore them they'll go away" - unless, you want to gamble on them taking no notice, but keep one thing in mind...I was at a court chatting to a very senior barrister in Consumer credit who didn't want to hear my stories about a certain DCA because that DCA was one of his clients...do not ASS U ME dca's are not fighting back or likely not to turn up in court because you may well be extremely dissappointed and may well be saddled with something you hadn't wished for. Take no notice of....it's a gamble...Hillards is right, Mr Ton is, as far as gambling %'s go - wrong - in the longer term. He may well and many more may well continue to win through this tactic, but mark my words the industry is changing and I don't care how many posts he's made or how long he's been on here, Hillards is right. Troll speak

 

The experiences of Sam614 are despicable, shoddy, unlawful, a disgrace to the industry, but the resolve is in using the laws there to protect the consumer - use them, trounce them with all your might, but ignore them at your peril.

 

I fully understand how traumatising these people in these dca's are when they get on the phone, I've been on the receiving end of them myself, use the rights you have under the administration of Justice Act and the Telecommunications Act 2003 and insist they correspond in writing, keep control, take Mr.Tons attitude and learn from it that you can face up to them, I admire him for that, I just think ( and he's said all this on many occassions before) he's misguided and as Hillards says, it's wrong to promote that practice in places like CAG.

 

Love you dearly Mr T, you do help a lot of people, you have what we all have though...a 'but'....and your 'but' is it's a dangerous, (albeit calculated in your hands), strategy I would not endorse.

 

I know you'll want the last word so the threads all yours

Sorry ole mate, but that's me, finished on this thread.. I'm sure you had enough of the 'silly old c*w anyway

 

my pennies worth

[barry_2008]

Thank god im not a dca lol

[PGH7447]

Can I have a pint of what Barry2008 is drinking, because I havent a clue what he is on about

[mr.ton]

I dont think we will get anymore resposnes from "unsmarterchick" as she said she was finished on this thread.

She is nothing more than a troll who either works for a DCA or has some sort of connection with the industry.

They are easy to spot

[sam614]

Can I have a pint of what Barry2008 is drinking, because I havent a clue what he is on about

:D:D

[hillards]

Can I have a pint of what Barry2008 is drinking, because I havent a clue what he is on about

Made as much sense as to me

[freakyleaky]

can we leave out the insults and personal stuff please people. I haven't the time to edit every single Post so I will close the thread if it continues.

[dannyboy660]

can we leave out the insults and personal stuff please people. I haven't the time to edit every single Post so I will close the thread if it continues.

 

Hey come on, lighten up!! It's Friday and a bit of beer tasting and DCA slagging is compulsory.....although I don't like to see CAG'gers getting into arguments over these financial 'totters'.

 

 

 

I say each to their own. Treat each poster and their circumstance with respect and individuality - offer advice, and be prepared to take a knock if people don't agree with you.

 

That's life. :-|

 

Now, open another bottle and let's all relax.

[Smarterchick]

I dont think we will get anymore resposnes from "unsmarterchick" as she said she was finished on this thread.

She is nothing more than a troll who either works for a DCA or has some sort of connection with the industry.

They are easy to spot

 

 

 

..or maybe, just maybe she knows more than you think?

 

you never know who's watching who..I told you early on not to assume, sometimes taking advice is hard, that one just might be worth heeding..

[stardust_john]

Ha Ha Ha Ha Ha Ha Ha :D:D:)

 

:)Paranoid at muck Hall, they know how us good old debtors feel now.

 

How will they live it down, and all their own making are bless them. Got to use the 'sugar' reference:p

[mr.ton]

..or maybe, just maybe she knows more than you think?

you never know who's watching who..I told you early on not to assume, sometimes taking advice is hard, that one just might be worth heeding..

 

You said you were finished on this thread?..obviously not someone who sticks to their word then

If you "know more than i think" or "i never know who's watching me" - then bring it on i say

[freakyleaky]

Thread closed.