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Companies claiming back charges...AND letters to DCA's


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Can anyone recommend any reputable 'ones- recd email from chargeclaims.co.uk??

 

also- any help with what to do with DCA's when they ignore letters...

Some of my debts , despite having sent the correct letters to the DCA'a- they are either just selling debt to someone else or they keep writing to me and each time the amount seems a little higher.

One of my debts old business credit card) -has changed hands so many times now that i am not sure if i am supposed to keep on sending the same letter each time debt changes hands??

Would really appreciate any help in this...

some letters i have recently received i can now honestly say that i have no idea what it relates to....plesae can someone help

thank you

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Can anyone recommend any reputable 'ones- recd email from chargeclaims.co.uk??

 

also- any help with what to do with DCA's when they ignore letters...

Some of my debts , despite having sent the correct letters to the DCA'a- they are either just selling debt to someone else or they keep writing to me and each time the amount seems a little higher.

One of my debts old business credit card) -has changed hands so many times now that i am not sure if i am supposed to keep on sending the same letter each time debt changes hands??

Would really appreciate any help in this...

some letters i have recently received i can now honestly say that i have no idea what it relates to....plesae can someone help

thank you

 

Please do try to relax, take a breath, grab a cup of tea, a couple of digestive biscuits, preferably chocolate and don't let them drop of into the rest of your brew!:eek:

 

Ignore any outside interferences, they just want you to part with your cash, you will not get any better 'free' advice than here at CAG.

 

Ok firstly, who ever it is asking you for money 'NOW' send them this 'prove it letter'

 

That letter template goes for any other company or DCA who is telling you that you owe them money, send them that and it is then up to them to 'prove to you' that you do indeed owe them money, it is not up to you to prove to them that you don't!

 

If you are paying any of these companies money right now then I would say 'STOP'

 

Once the Original Creditor (OC) sells the debt to a DCA then the OC 'should' have sent you a letter informing you of this.

Then the 'buyer' should send you a letter telling you that they have bought the debt and that they now are legally able to seek payment from you.

 

What is the original debt for? Is it a 'secured' or 'un-secured' debt? I notice that you say that one is a buisness debt.

 

How old are these debts?

How many debts are there, who is the Original Creditor (OC) who is now chasing you for the debts?

Have any of them obtained a County Court Judgement (CCJ) in relation to any of the debts especially the buisness debt?

 

Do try and relax, take a read thorough a few of these.

A.

B.

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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sorry forgot to amswer the question is the last post...

many debts -all icurred when i first faced my problems approx 3/4 years ago

Many catalogue debts etc..

Although i do have CCJ for other business debts- These current letters i am getting are ones where there is no CCJ

These are now coming from DCA's that i have never heard from e.g this morning just got another letter from WESCOT on Behalf of ARG equation????? I have never heard of these??

Thanks again

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The CCJ debts are your priority, as not keeping up with payments on those will see you back in court, or worse the bailiffs on your doorstep! (if it hasn't already been collected:D)

 

ARG Equation, formerly known as GUS Home Shopping.

 

So that would be another catologue debt?

Any letters you receive from DCA's asking you for payment toward a debt you don't know about send them the prove it letter

The onus is on them to prove to you that you owe them money, NOT for you to prove you don't!

 

Initially the catalogue, the original creditor (OC) should have sent you a letter stating that you failed to keep up with payments, and that they would pass it on to a DCA.

The DCA should then have sent you a letter stating that they are seking payment on behalf of such & such.

Very often they fail to provide this information, as they like to think they are a law unto themselves:eek:

 

Take a look at the OFT guidelines on debt collection for a better understanding on how they should act!:-|

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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  • 1 month later...

Another update...

 

I am nw getting increasingly confused as i send out 'prove it' letters- after a while i get more letters from these creditors saying they have now reassigned the debt????

do i keep on going around in circles with these people or is there another letter that i could send out?

 

furthermore from one of the DCA's i received this letter yesyterday which has the following quote ''

''...... unfortunately we are unable to locate a copy of the executed agreement,but for your information we enclose a copy of the current agreement which applied to this type of account.''

 

please could anyone advice to mt above points

Thanks

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if they sent a We cant provide an agreement then the debt is unenforceable, so strike one, keep the letter safe and tell them to ge lost

PGH7447

 

 

Getting There Slowly

---------

 

Advice is given freely but is in no way meant to be taken as Gospel:-)

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Also, if they are selling the debt to other companies whilst it is in dispute you should report them to the OFT The Office of Fair Trading: Contact us

[email protected]

 

And send the new DCA the 'bemused' letter;

Edit to suit;

ACCOUNT IN DISPUTE

Dear Sir or Madam,

Account number: XXXX XXXX XXXX XXXX

 

I must admit that I am rather bemused as to why this account has been passed to yourselves, as it is in dispute with the **original creditor/DCA** and has been since DATE 2007.

Not only is this a breach of OFT collection guidelines, but also in breach of the Consumer Credit Act 1974 and Data Protection Act 1998

 

My last letter from **original creditor/DCA** was DATE and intimated that my complaint would be

resolved on **DATE**, this obviously hasn’t happened.

As **original creditor/DCA** are now in default of my Consumer Credit Act request, OFT Collection Guidelines, *Subject Access request and have also breached *s10 Data Protection Act request , I consider this account to be in SERIOUS DISPUTE.

 

As you are aware while my Consumer Credit Act request remains in default enforcement action is NOT permitted, under s127 this constitutes a complete defence at law.

 

Consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS.

 

Now I would respectfully suggest that this account is returned to the **original creditor/DCA** for resolution of these defaults and breaches, as **New DCA** cannot lawfully pursue any enforcement activities.

 

If **New DCA** chooses to ignore my dispute and attempt enforcement, I will initiate legal action and file reports with the appropriate authorities, including, but not limited to, Trading Standards, Office of Fair Trading, Information Commissioners Office, Financial Ombudsman Service and possible court action.

 

After taking advice, I am of the opinion that any continued pursuit is in violation of the Administration of Justice Act 1970 section 40 as well as breaching a number of the OFT Collection Guidelines

 

I hope that this will not be necessary and an acceptable solution can be accomplished.

 

I would appreciate your due diligence in this matter.

I look forward to hearing from you in writing.

 

Print Don't sign your name.

 

Also report them to the following:

Information Commissioner's Office - ICO

 

Financial Ombudsman Service

 

How to Complain

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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*BB wraps up mr.ton and sends him to 1st crud * :D

"To love unconditionally is the greatest gift, laughter is a close second" .To give your time to help others after being helped here is the best way to show your appreciation to your fellow CAG members.

 

Please note that this advice is given informally, without liability and without prejudice. Seek the advice of an insured qualified professional if you have any doubts. All my knowledge has been gained here, for which I'm very grateful. I'm a Journalist, not a law professional.

 

If you do PM, make sure to include a link to your thread as I don't give out advice in private ;)

BB 13 - DCAs/banks and solicitors 0.

 

I get a fresh start to get on with learning to live with severe disabilities when they could have had something if they'd been understanding...

 

<--- If you feel I've helped, please twinkle my star :)

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