My Debts & Various DCA's & Letters

[willtheywontthey]

Am I right to assume that some unknown company contacting me without any form of 'proof' could be ignored / fraudulent or even an overseas [problem]?

 

So how can a DCA expect us to pay them wothout any serious proof. Even sending 1 pound to a possible dodgy individual or group in form of a CCA is really quit naive isn't it in tis day and age? So why don't we just write back saying go away fraudulent person / group unless you prove who you are?

 

Also why do we communicate with them at all even after a dodgy CCA reply?

 

I just do not get this - I could write to anybody pretending to be a DCA and ask for money? I could reply to your 1 pound letter with some rubbish saying have complied so now pay us. So could anybody explain why we oblige so willingly???

[willtheywontthey]

thanks - but why do need to start making nominal payments???

[willtheywontthey]

 

what's the worse that could happen?

 

 

ida x

 

 

SD and they take home away and my partner finds out and leaves me. My neighbours start getting calls from DCAs. DCAs call to home and embarass me and partner finds out. They call my work. Court? I could go on....?

[ScarletPimpernel]

When challenged, DCAs will usually say that they were 'acting in good faith on information supplied by our client'. A professional, ethical DCA would show diligence and at least ask the OC to confirm that they have all the paperwork, but they don't, and the regulators let them get away with it. Indeed, such diligence would add costs, which is why there's no such thing as a professional, ethical DCA in UK, because in the current market such a firm would be uncompetitive.

 

However, I think there's a much stronger case with debt purchasers, who should know that an assignment is of rights and obligations, and ensure that they have all the paperwork, and not just a CD-ROM of names and amounts. Again, the regulators fail to act, and the risible CSA protect the deceit and dishonesty that is the hallmark of the UK debt industry.

[smouk]

I am curious as to the legal position of a DCA jumping down your throat with threats etc without having any obligation to check the information provided by their client. If I tell a DCA that their client has acted unlawfully and yet they still attempt to extract payment by harassment, could this not e construed as 'attempted extortion'.

[welshwizard]

Again, the regulators fail to act, and the risible CSA protect the deceit and dishonesty that is the hallmark of the UK debt industry.

 

..so you don't like them then?

 

Please say what you mean, don't beat about the bush!

[IdaInFife]

i was meaning that if an enforceable agreement turns up.

 

you would only loose your home if it went to court and you dod not make payments after that

 

ida x

[lickthewallfatboy]

it goes through cycles

 

some other shower will show up eventually

[WelshMam2009]

it goes through cycles

 

 

Yep, have to agree with LTWFB on this one. You'll get peaks and troughs...bit like a sinusoidal curve...

[ICO]

I found the same thing in the past 6 years, I get all or nothing, I can sometimes go 6 months without anything, then idle threats of court action and SD's turn up, then it's oh so quiet again. I think they have a meeting every 6 months a draw people from a hat . . . If they chose you, you'll get an influx of their junk . . . . maybe you haven't been plucked out of the hat this month . . . . keep smiling though, you'll get there in the end

[willtheywontthey]

so then what can happen?

 

Is that it... a slap on wrist - no financial fine nothing.

 

Is it possible to use the ICO 'judgement' (is it final?) or 'opinon' to assist somehow with DCAs or courts in regards to the CCA? The usual dodgy response to an initial cca request was given (ie non-enforceable) and then I asked for SAR... it is in the SAR that I complained that not all information was given. Some say all given and ICO agree (ie Cap One - cca unenforceable or made-up (this was not in sar) and the rest have has wrists slapped - those ccas are unenforceable.

 

Does this mean if they then send a new / mock-up cca I can use their lack of compliance with SAR in any way to assist my defence???

 

Or does it mean ziltch.....?

[Guest Old_andrew2018]

Bump

[jon_boy75]

any information from the ICO or FOS that finds in your favour will be useful in court. the judge will appreciate you took the right course of action before the court case started properly

[willtheywontthey]

thanks.... basically it's just one handy little bit of defence IF I end up in court and that's it. Not possible to use against OC or DCA in usual run of the mill correspondence?

 

I can see the OC / DCA state they have now supplied everything 'cos the ICO told them to. That actually does not mean they have... just told the ICO they have to get less hassle?

 

If I get taken to court by an OC / DCA and suddenly an enforceable CCA pops up somehow (unlikely I think) would it be admissable as they had not provided it in my SAR - or even afterwards?

[willtheywontthey]

Can account be ins dispute simply because a DCA came into the picture, asked for money, did not provide CCA and then passed back to OC. Does the fact an OC used a DCA which did not have a CCA / given a CCA lead it to be in dispute?

 

Do we always have to state account in dispute each and every time a different DCA writes to us?

[Bazooka Boo]

Do we always have to state account in dispute each and every time a different DCA writes to us?

 

No, once the account is in dispute, then it shouldn't be passed/sold to another DCA if it is, as is most likely to occur when a DCA can't enforce a debt, they sell it on without informing the new owner that the account is in dispute, then the old DCA is in breach of the OFT debt collection guidelines, and the new owner has bought a lemon and should be informed that the account is in dispute with the last DCA, 'The bemused letter' covers that.

 

Boo;)

[willtheywontthey]

Regarding a debt being statutory barred ( correct expression?) I was wondering if somebody would be kind enough to give some of their knowledge and experience?

 

1. What does it actually mean - is it as simple as debt is 'dead' ie does not exist or is it more complex? Does it mean the debt is still valid but nobody can chase it... (why not just rmeove it?) - default removed etc?

 

2. How close are you to the 6 year end?

 

3. Does anything different happen towards the end of the 6 years? Do the DCAs become more active?

 

4. Is the 6 year duration about to change to 2 or 3 years - is this set in stone or just speculation?

 

5. If they do change the 6 year duration to less does this only apply then to new cases of default or will my default from say now (ending in 6 years) then become a 2 or 3 etc rule when it comes in - say a new law (is it a law?) comes into force in 2010 and states duration now is 2 years - does this mean my debt is statutory barred in 2012 instead of what would be now 2009+6 = 2015 (!)?? (not sure if I got that point across well here)

 

thanks

[IdaInFife]

if no payment or acknowlodgement ofa debt has been made in 6 years then it becomes stauts barred

 

the debt exists and the company can ask for payment but if you reply stating statute barred and are not going to pay then they should get lost.

 

regarding any new legislationthere is no point speculating until it happens

 

ida x

[Kraken1]

1. What does it actually mean - is it as simple as debt is 'dead' ie does not exist or is it more complex? Does it mean the debt is still valid but nobody can chase it... (why not just rmeove it?) - default removed etc?

 

The debt cannot be enforced in court - it still exists.

 

 

2. How close are you to the 6 year end?

 

Personally? Not relevant. Debt free these days!

 

 

3. Does anything different happen towards the end of the 6 years? Do the DCAs become more active?

 

Depends on the beast and the size of the debt.

 

 

4. Is the 6 year duration about to change to 2 or 3 years - is this set in stone or just speculation?

 

It seems likely that the limitation period will change, but I'd wager that this will only effect new cases. If the 'cause of action' (ie you've stopped paying) has already arisen then I doubt the changes will cover you. Speculation though, as noted above, it can be pointless to speculate until we see a draft.

 

 

5. If they do change the 6 year duration to less does this only apply then to new cases of default or will my default from say now (ending in 6 years) then become a 2 or 3 etc rule when it comes in - say a new law (is it a law?) comes into force in 2010 and states duration now is 2 years - does this mean my debt is statutory barred in 2012 instead of what would be now 2009+6 = 2015 (!)?? (not sure if I got that point across well here)

 

I think I answered this above.

[Drexl Spivey]

I did not see any kind of activity at the period close to , during , or just after all my statute barred debts came into 'fruition'. Although I did receive a spate of them 2 to 3 years after the limitation period. I did one of those free credit checks , It may have been that that prompted them into pursuit , I'm not sure.

[Kraken1]

probably.

[Bazooka Boo]

For any SB accounts these do not rely upon when the default is placed upon your credit file.

 

An account is normally in default 30 calendar days after you have ceased payments to them.

The fact that they might apply a default on your credit file 2 years later is a cause of complaint to the CRA for them processing your data without your consent, and should also be forwarded to the ICO. ( DCA's & CRA's are scratching each others backs avoid!)

 

The simple fact that a debt is SB, does not mean it does not exist, in laymans terms it exists, but! The OC cannot take you to court , or seek any legal recovery action against you.

[postggj]

interesting comment bazooka

 

ive been looking into the legality of applying a default to the cra file say three years after the event

 

any thoughts

[tindwcel]

Not forgetting that in Scotland such debts apparently become "extinguished" after 5 years.

 

Anyone have a clue exactly what extinguished means?

 

I would tend to think that this means that, unlike in England, the debts really do no longer exist.

[IdaInFife]

as above the debt exists andte credior can ask for payment but if it is statue barred and you make them aware of that and that you will not be making payment the credior should ten close the books but the debtwill remain on your credit file from 6 years from the default date

 

ida x