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Dca - court summons letter


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Firstly Id like to say Hi to all and congrats to me on my first post :)

 

Ive spent the last couple hours reading thru various threads on the forum, this forum is massive ent it? Ive learnt so much already

 

Anyway I am currently being pursued by a DCA called Daniels Silverman over an alledged debt from an ISP I was with.

They have sent a few letters now, and I have been ferociously ignoring them but after reading some of the stuff posted up on here I am wondering if one of the letters they have sent me is actually a bit naughty?

 

I have copied it and scrubbed it for any identifying marks and wondered if Im allowed to post it up?

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Firstly Id like to say Hi to all and congrats to me on my first post :)

 

Ive spent the last couple hours reading thru various threads on the forum, this forum is massive ent it? Ive learnt so much already

 

Anyway I am currently being pursued by a DCA called Daniels Silverman over an alledged debt from an ISP I was with.

They have sent a few letters now, and I have been ferociously ignoring them but after reading some of the stuff posted up on here I am wondering if one of the letters they have sent me is actually a bit naughty?

 

I have copied it and scrubbed it for any identifying marks and wondered if Im allowed to post it up?

 

Yes, so long as you don't have any personal info on there, that's fine...

If you feel I've helped then by all means click my star to the left...a simple "thank you" costs nothing! ;)

 

Restons MBNA -v- WelshMam

 

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ok, this was the second letter I had from them, suffice to say that it was received by me well over the alledged seven day threshhold that they allude to

 

***edit*** hang on did not realise it would come ut so small, ill have another go.... back in a tic

ds.jpg

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Hi,

save the pic as a pdf file or go to photobucket and upload from there.

If you get stuck,just shout

If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

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Looks like a threatogram to me. Note the 'Legal action may...' weasel words. Is this account in dispute, did the ISP not comply with their side of a contract in some way ?. I'm not sure of the significance of an agreement here but I'm sure someone else will.

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I think the letter might be naughty, though it's clearly a threatogram.

 

Note that they say:

Accordingly we have no alternative but to issue Court action against you

 

Daniels Silverman, if they are acting for the ISP, cannot issue a claim; only the creditor, or a solicitor acting for them, can do this.

 

By pretending that they can, DS are in breach of the CPUTR 2008 - hiding or omitting material information, and by threatening legal action that cannot be taken.

 

Daniels Silverman operate at the low end of a grubby industry; they often act for private parking companies, so compliance won't be something they're good at. However, whilst you could report them to TS, I'm not sure what else you can do (unless you dispute the debt), until they issue a claim and you can defend on the grounds that they aren't entitled to claim.

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AArrghh!! Thought I would never hear of DS again. I dealt with them a year or so ago and they are a nightmare. Yep its a threatagram and they will accept a payment plan off you. I did a payment plan and then a full and final. Be warned even if you make a payment on time close to the payment date you may get another threatagram as their systems are ancient.

Debt Managers (Barclaycard) £7150 - CCA sent - poor photcopy of app form - they rtnd acct to BC. Then Robinson Way come on scene - sent packing straight away. Will they try a third attempt????? :) Yes they did, roll on Westcot, told them were to stuff it. Not heard anything since but Lowell Financial have been searching my credit file. Round 4, ding a ling ling!!:D Now Crapquest on the scene - bought the debt and want the balance... don't think so 8)

 

Equidebt (Co-Operative Visa) £6800 - CCA sent in June - no response still!! Was Ex-Northern Rock card so probably lost. Equidebt have now agreed to write off and remove credit ref listing completely!!! :lol:

 

 

Robinson Way (Abbey) - debt sold to RW £1840 - await letter from them....cant CCA as bank account.... agreed to settle for £368 :-D

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Is it possible that they have bought the debt from the ISP??

 

Sounds as if they are a low life company by what I've read above so keep your wits about you.

 

On what grounds are you not paying? Is it financial hardship or are you disputing the debt?

 

I think it's important to be clear about what outcome you wish to secure.

If you feel I've helped then by all means click my star to the left...a simple "thank you" costs nothing! ;)

 

Restons MBNA -v- WelshMam

 

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I think the use of the word 'Claimant' in their letter is VERY naughty when no action has actually been taken.

“The industry is rotten to the core, whether it is in-house recovery and collection, or where agents are used, or where the debt has been sold.” Andrew Mackinley MP, House of Commons, 22 April 2009

 

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I think the use of the word 'Claimant' in their letter is VERY naughty when no action has actually been taken.

 

Yep, Creditor would probably be more appropriate pre-litigation stage although they are threatening legal proceedings I guess.

If you feel I've helped then by all means click my star to the left...a simple "thank you" costs nothing! ;)

 

Restons MBNA -v- WelshMam

 

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Ok thanks for the replies so far, a little background to the story.

 

I was with ISP 'A' for about five years and in that time had no complaints either way, they did what I paid them to do, and for my part I paid on time every time.

 

Then My missus decides she wants to swap to ISP 'B' so I did a little research and yes they seem a better deal so an hour long phone call takes place during which I asked the rep at least 3 times " Do I have to advise or do anything regarding my current soon to be previous ISP ('A')?"

 

"No, we will take care of everything, you dont have to do anything at all"

 

So I didnt.

 

Few months later I start getting the 'correspondence' from Daniels Silverman, the first letter introduced themselves and had FINAL DEMAND in big letters at the top. I of course rang ISP 'A' straight away and was informed that I had breached thier terms and conditions and therefore the account hadnt been cancelled when ISP 'B' said it had and the money had run up since then ( I had no communication from them to say I was in default at any time) Also I was instructed not to deal with them any more but to direct my enquiries to DCA. I then rang ISP 'B' who said, "They are surely talking out of thier derrieres, we will send you a letter that you can forward oin that will clear it up." That letter never arrived even tho I rang up and asked for it 5 times.

 

Then the second letter arrived which is the one posted above. The same phone calls were repeated and the same answers were given.

 

Then a third letter arrived with APPOINTMENT NOTICE in big letters at the top, informing me that Daniels Silverman's 'Commercial Investigator' will be calling on me at the end of March to 'discuss the pending legal case against you by our above named clients'. I am based on the south coast and DS are based in Liverpool, so I imagine that this another scare tactic. Up to yet I have ignored this too.

 

I have finally got some communication from ISP'B' tho, and I have a copy of an email from a guy in the Chief executives Office stating that again I am not eligible to pay ISP'A's invoices due to the fact that from the switchover date I no longer did business with them.

 

 

 

What do you guys think should be my next step? And am i allowed to name ISP 'A' and 'B' on here?

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well for a start, don't let the missus interfere...

 

It'd be nice to have a copy of the letter B sent to A canceling the contract.

As it was B's alleged negligence that caused all this. Also, DS are now acting on A's behalf so I' have thought ISP A would want them acting in a manner complying with guidelines which they are in breach of (SP's observations).

 

I'd put the amount into dispute (how much is it anyway), use SP's observations (at least) and report them and generally be right bl00dy militant. BTW, any uninvited visitor to 'collect' this has as much right to pester you for this alleged debt as I have. IIRC the case law is in a template letter on this site somewhere.

 

Sadly, It is often the case that once they realise you're no pushover they move onto easier targets and harass and bully them.

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You can name them if you wish, but if you want to maintain a degree of anonymity then it's best to leave as 'A' and 'B'.

 

What intrigues me is that ISP A says that you breached their terms and conditions. Now obviously it is a free market and you can sign up with whoever you wish.

 

Do you recall if you ever signed up for a contract of 12 or 18 months say, in order to get a discounted rate?? I know that I'm tied in for 12 months at a time with my ISP.

 

Alternatively, in their terms and conditions is there a notice period for cancellation such as 30 days? Is there any way you can check this out?

 

Sounds as if ISP B did what they said they were going to do but that ISP A have ignored this for whatever reason. (This commonly used to happen with Gas and Electricity companies).

If you feel I've helped then by all means click my star to the left...a simple "thank you" costs nothing! ;)

 

Restons MBNA -v- WelshMam

 

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Sounds as if ISP B did what they said they were going to do but that ISP A have ignored this for whatever reason. (This commonly used to happen with Gas and Electricity companies).

 

I agree, I have had this happened to me so many times by various companies ( We never received your cancellation letter etc) that I now routinely cancel direct debits when cancelling anything. this is what i did with ISP'A'

 

As for my original contract, at the moment it hasnt surfaced but my house is still in chaos with unpacked boxes etc after a house move nearly a year ago ( new baby has done away with any 'spare' time I might have had )

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