Jump to content


  • Tweets

  • Posts

    • that was a good saving on an £8k debt dx
    • Find out how the UK general elections works, how to register to vote, and what to do on voting day.View the full article
    • "We suffer more in imagination than in reality" - really pleased this all happened. Settled by TO, full amount save as to costs and without interest claimed. I consider this a success but feel free to move this thread to wherever it's appropriate. I say it's a success because when I started this journey I was in a position of looking to pay interest on all these accounts, allowing them to default stopped that and so even though I am paying the full amount, it is without a doubt reduced from my position 3 years ago and I feel knowing this outcome was possible, happy to gotten this far, defended myself in person and left with a loan with terms I could only dream of, written into law as interest free! I will make better decisions in the future on other accounts, knowing key stages of this whole process. We had the opportunity to speak in court, Judge (feels like just before a ruling) was clear in such that he 'had all the relevant paperwork to make a judgement'. He wasn't pleased I hadn't settled before Court.. but then stated due to WS and verbal arguments on why I haven't settled, from my WS conclusion as follows: "11. The Defendant was not given ample evidence to prove the debt and therefore was not required to enter settlement negotiations. Should the debt be proved in the future, the Defendant is willing to enter such negotiations with the Claimant. "  He offered to stand down the case to give us chance to settle and that that was for my benefit specifically - their Sols didn't want to, he asked me whether I wanted to proceed to judgement or be given the opportunity to settle. Naturally, I snapped his hand off and we entered negotiations (took about 45 minutes). He added I should get legal advice for matters such as these. They were unwilling to agree to a TO unless it was full amount claimed, plus costs, plus interest. Which I rejected as I felt that was unfair in light of the circumstances and the judges comments, I then countered with full amount minus all costs and interest over 84 months. They accepted that. I believe the Judge wouldn't have been happy if they didn't accept a payment plan for the full amount, at this late stage. The judge was very impressed by my articulate defence and WS (Thanks CAG!) he respected that I was wiling to engage with the process but commented only I  can know whether this debt is mine, but stated that Civil cases were based on balance of probabilities, not without shadow of a doubt, and all he needs to determine is whether the account existed. Verbal arguments aside; he has enough evidence in paperwork for that. He clarified that a copy of a DN and NOA is sufficient proof based on balance of probabilities that they were served. I still disagree, but hey, I'm just me.. It's definitely not strict proof as basically I have to prove the negative (I didn't receive them/they were not served), which is impossible. Overall, a great result I think! BT  
    • Seeking further advice now. The 33 days in which the defendant has to submit a defence expires at 16:00 tomorrow. The defendant has submitted an acknowledgement of service but looking to get the claim awarded by default in failure to submit the defence. This is MoneyClaim Online and can see an option to request a default judgement but believe that is for failure to acknowledge the claim within 14 days??  So being MoneyClaim Online, how do I request the claim be awarded in my favour?
    • Have to agree with the above Health and safety legislation is specific in that the service provider in so far as is reasonably practicable, the health, safety and welfare at work of all his employees and those not in the employ of the business. You claim is like saying you slipped in the swimming pool area while taking a dip. As rightly stated by by the leisure centre, a sports hall has dedicated equipment and you yourself personally have a legal obligation in mitigating danger or injury to yourself by taking account of your immediate surroundings. Where your claim will fail is if it is reasonable and proportionate to impose liability of the Leisure Centre? The answer has to be no.
  • Recommended Topics

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
        • Like
  • Recommended Topics

Collections staff suffer abuse - 11/02/2009


PGH7447
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 5588 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

on a side note......isn't it now time for the likes of these forums to be viewable by members only,and not guests?

 

Then,according to the conditions of the site,the DCA's couldn't sign up without stating who they were,and then go on to use info gleaned here about specific cases?

 

it's worth serious consideration IMHO

 

I don't agree, for these reasons:

 

- The open accessibility of CAG is one of its great strengths, in my view.

- Making access members only would be difficult to enforce.

- Site admin are aware of, and monitor, visits by DCA/bank staff.

- A closed site would make accusations of advising debt evasion easier to make.

- The occasional foolish DCA letter telling people not to rely on website advice are all the funnier when everyone can see them here.

- Most DCAs operate on a sausage-machine basis, and couldn't possibly keep up with all the cases.

 

There might be a case for having an occasional private forum in particularly sensitive cases.

 

The glorious Cretin Today forum is a notable example of why trying to restrict access is a bad idea.

Link to post
Share on other sites

  • Replies 89
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

Call me a cynic, but I suspect that this story has as much to do with the CSA spinning a tale to try and counter the bad press the debt industry is currently enjoying as it does with genuine harassment of DCA staff.

I agree completely SP.

The DCAs are getting desperate for 'good press'. What better way to elicit sympathy than to infer it's the poor downtrodden call centre operators suffering the most.

Has anyone here ever met a poor downtrodden debt collector on the phone???

We will not be intimidated.

'The pen is mightier than the sword'.

Petition to Outlaw Debt Sale and Purchase

- can't read/post much as eye strain's v.bad.

VIVA CAG!!! :)

Link to post
Share on other sites

Before you criticise another man you should first walk a mile in his shoes. Then, when you criticise him, you'll be a mile away and he won't have any shoes on.

 

Don't get me confused with somebody knowledgeable by all those green blobs. I got most of them by making people laugh.

 

I am not European, I am English.

Link to post
Share on other sites

Maybe if the DCAs moved their offices to Helmand Province or downtown Baghdad then they would appreciate what a threat is REALLY like. Instead we have decent young men and women risking their lives daily under the threat of something real happening and all we hear about from the DCAs is a lot of Whinging from pre pubescent threat monkeys who are now worried that peole are arguing with them and they are not earning their monthly blood money.

Link to post
Share on other sites

I have no sympathy whatever for these 'people'. They don't have to be aggressive or rude. They don't have to lie through their teeth. They don't have to bully. They get everything they deserve. I will continue to treat them like dung whenever I deal with them.

I am a lawyer, but I am an academic lawyer. I do not practice as a barrister or solicitor. You should consult a practising Solicitor BEFORE taking any Court or other action

Link to post
Share on other sites

I was thinking of an agenda that might yield results for them, but it would be useless as we NEVER TALK TO THEM!

 

As an alternative, here's a thread I started a while back. I think this would be perfect for the 18-year old, acne-ridden, socially-inept, cherry-intact numpties that mostly seem to make up UK DCA call centre staff nowadays: http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/131517-levels-dca-employees.html

 

Regards to all.

 

Fred

Before you criticise another man you should first walk a mile in his shoes. Then, when you criticise him, you'll be a mile away and he won't have any shoes on.

 

Don't get me confused with somebody knowledgeable by all those green blobs. I got most of them by making people laugh.

 

I am not European, I am English.

Link to post
Share on other sites

I have no sympathy whatever for these 'people'. They don't have to be aggressive or rude. They don't have to lie through their teeth. They don't have to bully. They get everything they deserve. I will continue to treat them like dung whenever I deal with them.

 

Quite right Rameses, nicely put.

 

Fred

Before you criticise another man you should first walk a mile in his shoes. Then, when you criticise him, you'll be a mile away and he won't have any shoes on.

 

Don't get me confused with somebody knowledgeable by all those green blobs. I got most of them by making people laugh.

 

I am not European, I am English.

Link to post
Share on other sites

£250 for a course on how to deal with CAG members. :D I really do hope loads of them attend, all paid for by the DCA's.

 

There's no training course in the world where the end result is obtaining a payment for an unenforceable debt. They should offer a discount for Moorcroft employees, as they have tried and failed 7 times with me now, and I've probably cost them hundreds in wasted time, calls, and letters. :D

These are video links to show how I deal with Debt Collectors.

 

Fly fishing for C.A.R.S

http://uk.youtube.com/watch?v=zPtzK8FqE6k&feature=related

 

Frederickson International don't accept my card type

http://uk.youtube.com/watch?v=eiZBULlWW6Q&feature=related

Link to post
Share on other sites

I wouldn't worry too much about the poor old DCA because the more CAG grows, the more people spread the word, the more sites like CAG that pop up, nobody is going to call a DCA or answer the phone to them. Nobody will have any reason to abuse them becuase they will be too busy sending credit applications minus prescribed t&c's and writing to courts to ask that fees not be charged.

 

The DCA is entering a new chapter in the way it does buisness and if I ran a DCA company I would seriously think about opening a Pizza takeaway instead, because profits will be so low I wouldn't be able to pay staff to be abused.

 

I mean lets face it what is a typical scenario, DCA bullies debtor, debtor goes to google, debtor finds CAG, debtor gets help, debtor writes to DCA, DCA see sweet FA in return. Where is the business in that? If your business is collecting money and nobody is paying you.

 

Well you don't have a business

We live in an unmoderated country why should the net be any different?

Bring back free speech we miss it!

Link to post
Share on other sites

I mean lets face it what is a typical scenario, DCA bullies debtor, debtor goes to google, debtor finds CAG, debtor gets help, debtor writes to DCA, DCA see sweet FA in return. Where is the business in that? If your business is collecting money and nobody is paying you.

 

Well you don't have a business

Well said!! :D :D

We will not be intimidated.

'The pen is mightier than the sword'.

Petition to Outlaw Debt Sale and Purchase

- can't read/post much as eye strain's v.bad.

VIVA CAG!!! :)

Link to post
Share on other sites

I am sick of hearing about the CSA.

 

They have no power and worthless

 

In fact theyare more useless them the DC....Well a little bit

Link to post
Share on other sites

all hail CAG

 

its true purpose is coming to fruition - consumers are truly empowered; the debt collection industry is starting to crumble.

 

the worm, she has turned!!

post office WON 12/11/06

 

abbey.LBA sent 30/10/06.MCOL claim submitted 8/11/06.allocation questionnaire sent 16/12/06.schedule of charges sent 16/12/06.WON

 

2nd abbey claim SAR sent 3/1/07.WON.complaint letter sent 18/1/08

 

alliance and Leicester.WON

Link to post
Share on other sites

Am I missing something? Debt Collection Staff are the rudest, most vile creatures I have ever spoken to!!

 

The irony, just the irony.

Before you criticise another man you should first walk a mile in his shoes. Then, when you criticise him, you'll be a mile away and he won't have any shoes on.

 

Don't get me confused with somebody knowledgeable by all those green blobs. I got most of them by making people laugh.

 

I am not European, I am English.

Link to post
Share on other sites

Hmm. A training course on How To Become a belligerent, argumentative one-track-minded simpleton?

 

No, thank you.

 

Followed by lesson in how to change the names on your birth certificate to convince prospective employers your parents werent married before you were born:lol:

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...