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    • This is more than helpful. Thank you so much. I will get the cca done tomorrow and post the reply from them for what to do next. Thank you all again. 
    • 12+2 working days.   a dca can't hurt you credit file any more anyway.   only the original creditor can issue and register a default, on or before the sale of the debt.   what the dca put in the calendar section is immaterial as only you and them can see it it does not extend the 6yrs period whereby the debt shows on your file and after which the 6th defaulted date's birthday causes the whole file to removed regardless to paid or not, paying or not......makes no odds. it still goes, but might still be owed mind, depending upon the contents of the CCA return.   dx  
    • Hello   I agree with dx100uk.   Send them a CCA request which is a request for them to produce the original agreement that gives rise to the debt.  They have a limited amount of time (I think around fifteen days) to send you the document.   Here are the possible follow-ons from that:   1. They don't respond within 15 days and so you are legally entitled to stop paying until they do send a response. 2. They send a letter saying they have gone back to the original creditor to ask for the document and they need more time.  You (legally) stop paying after fifteen days and don't pay them again until they send proof. (This is the most likely first response as they wont have any of your documentation as they bought your debt as part of 1000 others on a spreadsheet on a CD ROM or USB stick). 3. They send you something that looks like a contract or which might be something else that they want you to think is the contract within the time frame.   After either of the above  whatever they send you should be referred back here for an assessment as they will often send you unsigned documents or made up bits of nonsense.  Even if the contract turns out to be the genuine one it still might not be enforceable due to errors made by the creditor at the time of signing.   The only potential downside to the above is that they could try to damage your credit record but probably it is as much damaged as it can be by this debt already so nothing else they can do will make it worse.   Following on from the above you can continue to not pay them.  I would setup an on-line savings account and pay yourself the money instead which has the advantage of creating a resource in case you need to resume payments in the future.   They may send you further letters either inducing you to resume payments by threat or by offering you a deal.  If the document is not valid then the only deal you need to take is the one you unilaterally entered into at T plus 15 days when you agreed with yourself not to pay them another penny.   It is not impossible that they will send you a letter saying the debt is unenforceable (miraculously I have actually seen one!) and asking you to pay anyway which you will of course ignore as you should not be giving any member of this low life industry any encouragement.  
    • I agree and I've no doubt that will happen in the future, but if a court claim is issued and a ccj successfully registered against the debtor then it will never be sb anyway, so are we more likely to see more court claims in the future ?      Can it not work both way though, if the sb date is ultimately aligned to the date of the default notice, essentially giving the creditor 6 years to collect or issue a court claim then regardless of when the debt was last acknowledged / payment made, a debtor could just tell the creditor to eff off after the 6 years is up, figuratively speaking     
    • Received acknowledgement of defence submission from court. VCS now have the option of continuing their claim or not. Watch this space !!!!
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mr.ton

Charging a DCA

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Thought id mention this idea to see what others CAGGERS think.

The idea of everyone of us applying a charge to a DCA for everytime they contact us either by letter or phone.

If we all agree its a good idea, then we can decide on the level of charge & how to apply it etc...

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We need to be careful about this.... If we all apply the same charge we could be accused of breaching monopoly regulations.:)

 

We need to give the DCAs choice in which of us they want to pester. I'm in favour of a free for all charge system.:p

 

I think we should have a button on the phone that we can press to electrocute them every time they lie.

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Hi Kurva,

 

Have you seriously considered the consequences of your suggestion?

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

The electricity bill would be HUGE!!! ;)

 

GK

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The electricity bill would be HUGE!!! :wink:

 

:D

 

Ok.... back to the drawing board:p

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I was thinking some kind of transformer or something but I'm a bit confused now.:confused: Just need some way to apply the charge.

Edited by kurvaface

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I just thought why not use some form of hamster wheel type of generator so they can supply their own electricity.

 

If we only want to frighten them we could use a Van de Graff generator

 

GK

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Van de Graff....:D......that brings back memories.

 

How about converting DCA hot air into a charge?

 

 

If we only want to frighten them we could use a Van de Graff generator

 

It needs to hurt I think

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Thought id mention this idea to see what others CAGGERS think.

The idea of everyone of us applying a charge to a DCA for everytime they contact us either by letter or phone.

If we all agree its a good idea, then we can decide on the level of charge & how to apply it etc...

 

Mr Ton, something i wholeheatedly agree with (i do it all the time)

 

i do not have the details but i know in the 80's a bank customer was charged 20 time every time the bank wrote to him about his arrears, in return he charged 10 pounds every time he replied

 

when he won his case against them the judge upheld his charges and i remember that his comments were

 

what's good for the goose is good for the gander

 

It is entirely reasonable in my opinion, to charge an amount every time you have to write to them in a dispute say 7.00 to cover your expenses and time.

 

I believe that in the event you get to court the judge would offset your charges against theirs if they win and award you them if you lose

 

not sure about phone calls though- especially since most caggers say they will not engage on the phone

 

at the very least 1000 caggers sending 7 quid invoices in every week would cause them huge logistical problems. and in my opinion is a VERY good form of protest which i already employ myself

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With success?

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Do you think it might be useful to ask OFT what a reasonable charge would be - after all we do not want the banks come back to us for unfair charges in the future.

 

 

GK

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With success?

 

well im not at the court stage with any of them at the moment so just as they keep piling up 12 quid fees whilst in default so i pile up letter fees and i try to make sure that every letter i send is reminding them or drawing their attention to legislation that they should already know and be abiding by

 

that way the court can see that i should not have to finance thier training in what they should already know

 

if and when i get to court stage (and it's looking right now that out of 8 cards NONE will get that far

 

the ONLY card that appeared to be based on a legitimate agreement

 

having checked their record on defective DN's on this site i took the gamble to sit back and wait and, hey presto faulty DN followed by termination

 

I am on course for 8 out of 8 at the moment in which case i am more than happy to write off my letter fee losses

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ps

 

if you get a card saying XXXX will call on a certain date- please let us know if this is not convenient

 

well if they dont turn up charge them for a full day of your time waiting for them to arrive for this oh so important meeting

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no, let them challenge us if they think the charge is too much

 

be very interesting to see them suggest it should be lower than 7 quid whilst they are charging 12 quid wouldnt you say?

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this has been hammered out i another thread

 

you need to offer them "a service" in return for charging them.....one member wrote a letter offering his services for "staff training" and if they kept writing to him,they would have been deemed to have accepted the contract....and they did,so he billed them

 

apparently you just can't arbitrarily charge a sum for nothing


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That thread was cool. Where is it?

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so whats good for the goose............................

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this has been hammered out i another thread

 

you need to offer them "a service" in return for charging them.....one member wrote a letter offering his services for "staff training" and if they kept writing to him,they would have been deemed to have accepted the contract....and they did,so he billed them

 

apparently you just can't arbitrarily charge a sum for nothing

 

No you don't need to offer them a service, nor do you need their permission

 

the charge you are making is to cover your costs of hardware, software stationery postage and you time in having to respond

 

in most of these cases they have intruded into your personal time and expense on the back of faulty agreements and lack of or disregard of the law which you have to take time to advise /correct them on

and which they should have known themselves

 

it is therefore perfectly reasonable to charge for this expense and time

 

i even deducted the cost of the truecall device (120 quid) from one card company;s monthly payment n when they ignored my first letter to stop telephoning me 5 times a day (and they have not questioned it)

 

EVEN IF

 

you were to be right. you miss an important point - the suggestion made by Mr Ton was really about dishing out to the OC's and DCA's some of the aggravation that they dish out and see how they like it

 

let them go to the expense of having to record and/or respond to all these invoices and if they are found to be illegal we just do what they do and forget them

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I have actually started to charge £12 per letter to DCA's that chase me if they don't come up with the proof that the debt is mine.

 

I warn them of my charges and if they carry on writing back I respond with a letter with my charges on them and the usual if you don't pay up in 14 days etc then I have a right to begin court proceedings without further warning.

 

Don't know if it works as I've only started in the last couple of weeks! lol

 

However, had no letters back so far!

 

I like the idea of charging doorstep callers I do hope I get one! I can charge them for my consultation fee, the fee for using the CCTV recording their every action and word all to just tell them to 'go away' and slamming the door in their face. I think a figure of around £50 should be a good start.

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Do you give them a time limit to pay - roll on small claims:)

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No you don't need to offer them a service, nor do you need their permission

 

 

http://www.consumeractiongroup.co.uk/forum/show-post/post-2232552.html

 

For a contract to be binding, you need

An Offer

Acceptance of that offer

Consideration

Intention to create legal relations

You are offering to contract with the DCA

They must accept that offer. Silence is not acceptance

See

Lord Denning in Entores v Miles Far East Corp (1955)

 

 

The offeror cannot impose a contract on the offeree against his wishes by deeming that his silence should amount to an acceptance:

Felthouse v Bindley (1862) 11 CBNS 869.

 

 

 

it is possible to have a binding contract without a matching offer and acceptance. See:

Brogden v Metropolitan Railway Co. (1877) 2 App Cas 666

Lord Denning in Gibson v Manchester City Council [1979] above

Percy Trentham Ltd v Archital Luxfer Ltd [1993] 1 Lloyd's Rep 25.

 

 

also see this thread-

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/88437-debt-collector-agreed-pay.html


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I have actually started to charge £12 per letter to DCA's that chase me if they don't come up with the proof that the debt is mine.

 

I warn them of my charges and if they carry on writing back I respond with a letter with my charges on them and the usual if you don't pay up in 14 days etc then I have a right to begin court proceedings without further warning.

 

Don't know if it works as I've only started in the last couple of weeks! lol

 

However, had no letters back so far!

 

I like the idea of charging doorstep callers I do hope I get one! I can charge them for my consultation fee, the fee for using the CCTV recording their every action and word all to just tell them to 'go away' and slamming the door in their face. I think a figure of around £50 should be a good start.[/quote

 

 

I had a card stating that a person would call on a saturday between 8am and 9pm

 

it asked me to telephone a number if this was not convenient - needless to say i didn't and he didn't show

 

13 hours at 15 pound per hour invoiced to the OC (it was his agent)

i

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