yes car and a default

[ODC]

Do not worry. They usually employ retired folk. Remember that a doorstep debt collector has NO LEGAL POWER whatsoever. They have no legal right to be on your property. There is no such thing as Balliffs in Northern Ireland so they cannot seize any property.

 

If they do appear.

 

1. Tell them to leave in words of your own choosing

2. Confirm nothing with them, do not get involved in ANY conversation.

3. If the do not leave when ordered telephone the PSNI and report a breach of the peace/disturbance/suspicious caller. If you have a female in the house who can scream in distress then this would be a bonus

4. Photograph the caller and take a note of the registration number of any vehicle they may be in.

[hotc25]

ok great thanks for the help and the fast replys let hope that they respond to the next letter when the time is up

[ScarletPimpernel]

visit me and try muscle there point across with some big guys at my door

 

 

This won't happen, especially in NI.

[heliosfa]

Just saw your thread, and my OH is in a similar situation with Suzuki/Blackhorse - she returned the car to them, and they claim she still owes them the whole amount.

 

What we have done in our case so far was to CCA them and request that they clarify the remaining balance as the car was returned to them. I also used Parkers online historical car pricing to get an estimate of how much they should theoretically have deducted for the car. At the moment, we are still waiting for the CCA and clarification.

 

 

First thing I would like to ask, when was the last time you acknowledged the debt exists? (When you last made payment most likely)

Have you received statements since then? If so, how often?

Have you received any other comunication fro mthe OC in this time?

When was the first time you heard from the DCA?

Did they make the doorstep visit? If so, did you let them in? what did they do?

Can you post a copy of the letter the DCA sent (with personal information removed)?

 

 

As for the default you have, Did you ever receive a Default Notice? They have to issue a properly formed Default Notice before they can record a default on the credit file and before they can "terminate" the agreement (Sell it to a DCA / pass it to a DCA, demand the full amount). If they have terminated without issuing a fully compliant Default Notice, then they effectively loose their rights to claim anything beyond what was listed on the default notice and in some situation, you could claim compensation for unlawful recision of contract.

 

 

For the DCA - the original credit needs to have sent you a Notice of Assignment saying that they had passed / sold the account to a DCA. I take it you haven't had this either?

 

 

Are you sure they shut down? they still seem to have a site up (Direct Auto Finance) and all the details fit. From that link you posted, it looks like they forced PPI and "penalty" charges on their customers. If these are the same people, you should send them a Subject Access Request (costs £10) asking for a copy of any contract(s) they beleive exist, a full transaction history since the account was opened, a copy of any Default Notices, a copy of the Notice of Assignment, information about manual interventions, transcripts of all calls, etc.

 

From the information you get back from a SAR and a CCA, you should be able to determine:

 

• If they have a valid, enforceable agreement
  
• If there is PPI on the account and if it was mis-sold
  
• If they have added any penalty charges
  
• If they did send a Default Notice, and if they did whether it is compliant
  
• If they sent a Notice of Assignment
  

 

 

now, the following is what I would personally do (If any more experienced CAGers think it's wrong, feel free to shoot me ) I would send a letter to the DCA similar to the following by Recorded Signed for 1st class. You would need to fill in the bits in [bold square brackets].

[Your Address Here]

[Date]

[DCA Address]

 

I DO NOT ACKNOWLEDGE ANY DEBT TO YOUR COMPANY

ACCOUNT IN DISPUTE

 

Re. Account Number: [account number DCA here]

 

To Whomever It May Concern,

 

You claim that you are acting on behalf of [insert OC] however I have heard nothing from [insert OC] since [date OC last contacted you] and I have had no Notice of Assignment from them to say that you would be dealing with this debt.

 

As such I would request that you supply me with some proof that you have a right to collect on this alleged debt. I would also request some proof that this alleged debt actually exists and that the balance you claim is accurate. An exact copy of the original credit agreement, a copy of any Default Notices, a copy of the Notice of Assignment that should have been sent and a current statement of account would be sufficient proof.

 

At the moment, your demand for payment is akin an unknown person on the street claiming that I owe them money and trying to extort payment by threat. As such, I respectfully request some proof to corroborate your claim. An exact copy of the original credit agreement, an exact copy of and Default Notices that were issued, a copy of the Notice of Assignment that should have been sent and a current statement of account would be sufficient proof. Please note – this is NOT a request under S.77/78 of the Consumer Credit Act.

 

Furthermore, I would request that any future contact regarding this account be done in writing only. Any telephone calls or doorstep visits will NOT be entertained. Any visitors to my premises will be asked to leave and treated as trespassers.

 

Any telephone calls made to myself will be recorded and I am of the view that if you insist on harassing me by telephone you will be in breach of Section 40 of the Administration of Justice Act 1970, the Protection from Harassment Act 1997 and the Communications Act (2003) s.127. I reserve the right to report you to any authorities and official bodies as I see fit, including, but not limited to, OFCOM, Trading Standards, The Office of Fair Trading and the Police.

 

 

Additionally, you should also be aware that while this account is in dispute, you are not permitted to take ANY action against an account whilst it remains in dispute. This includes, but is not limited to:

·You may not demand any payment on this account

·You may not add any further interest or charges to this account.

·You may not pass this account to any third party.

·You may not register any information in respect of this account with any of the credit reference agencies.

·You may not issue a default notice related to this account.

 

I expect your reply with the requested information within fourteen (14) days.

 

Regards,

[Print your name, Don't Sign]

[MARTIN3030]

Any updates on this ?

Who is the DCA that threatened to come in 7 says ?

[hotc25]

sorry never got a reply so posted it in the debt collecting section sorry

 

here it is

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/185303-help-dedt-collection-agent.html

[julrydr]

hi ii had moorcroft at my door wanting me to settle the bill i asked if they had the credit agreement -------then i said i do not know any thing about the debt she daid she will return it to the office and went away i hope she does not come back-----------i hope i did the right thing.

[ODC]

Yes you did do the right thing. Well done!!!

 

The Debt Collectors used by Morecrap are self employed. When they see you are not intimidated by them and know your rights they back off. If you want you could send Morecrap the Bog Off letter

[hotc25]

ok sorry was away on holiday and very busy at work but now i am getting home visits not sure when but it seem they knock once and slip a letter under the door saying they were here !!! Well its been over a month or 2 now and no credit agreement im going to send the account in dispute letter now or is there some other letter i need to send

[lunar jim]

it seem they knock once and slip a letter under the door saying they were here !!!

 

Wouldn't surprise me, I can imagine the amount of verbal they must get when some people do answer the door...

[hotc25]

ok so i sent the account in dispute letter today but not sure if they going to respond to it seems like they want me to reply saying that the debt is not mine or something and that's why they sent back the postal order !!

 

i have the same problem with clarity a cca them and they sent back the postal order with a letter saying the have returned the account back to there client and i have to wait for a respons from there client

[hotc25]

ok these guys are just playing dumb now they sent me a final notice letter the same one they sent me right in the beginning !!!!

 

now what ? what would my next step be ? do i cca hillesden securities ?

[hotc25]

bump

[diamondgirl]

bump

[hotc25]

advice please guys ?

[hotc25]

bump please advice

Edited May 4, 2009 by hotc25

[hotc25]

bump

[cerberusalert]

You don't really have to do anything until they come up with something more tangible. At the moment they are just posturing hoping that you'll contact them.

[hotc25]

well they came to my door again ! they just throw a letter of demand under the door, is there nothing i could do to get rid of these guys

[mr.ton]

Report them to the OFT & trading standards.

I would also seek police advice (not 999)

[hotc25]

ok how would i go about reporting them ?

[diamondgirl]

MrTs dead right.

I would ring TS and OFT up first and follow up with a letter telling them you are being harassed by these good for nothings and briefly explain the situation.

As above seek Police advice (maybe CAB Legal can help you out on this one) you can ring the police and state that they are hounding you and will not take no for an answer and ask what can you do about it (saying you have told them to stop calling and have you put it in writing coz you can then also state that you wrote on such a date and have told them verbally on such a date.)

DG:)

[hotc25]

ok i got this in the post now

 

Dear Sir

 

Thank you for your recent letter requesting a copy of the signed agreement in connection with the above debt.

 

Can you please clarify in writting if you are stating categorically that you did not sign an agreement relating to the above outstanding debt. On receipt of this written assurance from you we will contact the original creditor and revert you.

 

Please note however the agreement was signed or not is an evidential matter,wich does not necessarily require production of a copy signed agreement to satisfy the courts that the agreement was signed.

 

In these circumstances we believe that it is in your own interest to respond with a realistic payment plan or offer of settlement on the above account and look forward to hearing from you.

 

ok this is the secound time they sent me this and i didnt even request a cca now it was the account in dispute letter

[mr.ton]

You have to start fighting fire with this company.

Which DCA is it by the way?

Anyway - report them to all the authorities i mentioned.

Do not speak to them on phone/refuse to answer security questions/insist everything in writing only.

Do not give them any information whatsoever - they have no legal authority to it or any payments off you.

Only the county court has these powers.

[cerberusalert]

You don't have to provide them with anything, the onus is on them to prove that an enforceable agreement exists. If they persist with this nonsense make a complaint to the OFT.

 

[email protected]

 

The Office of Fair Trading: Debt collection practices

 

tel: 020 7211 5823