Cahoot debt now 6th DCA

[jimbo45]

Hi everyone

 

What do I have to do to get these scumbags off my back.

 

This is the 6TH debt collection agency trying to collect the SAME disputed debt which the previous 5 gave up on after failing to find the correct paperwork - CCA and SAR from Cahoot (although usually they are actually OK for a Bank).

 

The latest PESTS are a DCA called MOORCROFT Debt collection agency and are threatening a CCJ which I shall of course oppose.

 

Is there any LEGAL way I can actually find out how much these scumbags actually paid for the debt.

I know intuitively its just "pennies in the pound" usually.

 

The previous one was an outfit callled "Lewis debt" which obviously seemed like a back street DCA as all its mail was on really crappily typed quality paper with a standard of English more suited to an off shored calling centre.

 

All the previous one's failed to come up with a CCA and SAR and I've got some letters saying

 

a) that no further interest etc was payable on this account

b) They have been unable to get details from the original lender therefore the debt is being "returned" (to whom I've no idea).

 

Speaking of another Bank (no problems with them at ther moment BTW) it seems that whilst they are reporting "Bumper profits" they have also "Written off" so many millions in "Consumer debt".

 

Judging by the vigour with which these DCA scumbags work how is a debt ever "written off" and what on earth can I do to stop this debt being passed to yet ANOTHER DCA if the correct paperwork isn't released.

 

Is there anyway to kill this "Pass the Parcel" merry go round once and for all.

 

Cheers

jimbo

Edited August 3, 2009 by jimbo45

[Pinky69]

I got rid of them by making a formal complaint to their complaints departments immediately they contacted me and making sure I marked the letters at the bottom "Cc The Office of Fair Trading Licence Fitness Deprtment" and sent a copy to the OFT. I never heard from any agency twice. They are in breach of the CCA 1974, The Data protection Act 1998, the CPUTR 2008 and OFT guidelines for pursuing an alleged debt in dispute.

[mcg68]

I'm pretty sure that if you send the failure to supply the CCA letter it stipulates that one of the terms of the account being in dispute is that they cannot pass the account to a third party.

[sam614]

yes but can they understand it?

 

or as they think they are gods above the law they can do this and when they are pulled up on it can simply say sorry it was a error:rolleyes:

 

SAM

[mr.ton]

Once you have a debt or debts & they find their way into the DCA system, then im afraid its very hard to get shut then so to speak.

There will always be another DCA who is more desperate than the previous & will try its luck with you regardless.

The whole system is just one chaotic merry go round.

The government & the authorities need to put a stop to it all once and for good.

[dx100uk]

Is there anyway to kill this "Pass the Parcel" merry go round once and for all.

 

the bottom line on all this can be answered by simple asking yourself the question 'is this my debt?"

 

if it is, and its not statute barred, just because they cannot produce a CCA, it only makes the debt unenforcable, it doesn't make it go away or get written off. - common myth.

 

if it genuinely is NOT anything to do with you, then you're just on a phishing list & the more you reply, the more they will pester you.

 

if it IS yours, then no CCA put you in a VERY strong position to make a F&F offer, thus killing it stone dead.

 

HTH

 

dx

[mr.ton]

Is there anyway to kill this "Pass the Parcel" merry go round once and for all.

 

Sadly not im afraid....

However - if like me, you've told enough DCA's to get stuffed then your debt/s will eventually just fade into obscurity

[mcg68]

if it IS yours, then no CCA put you in a VERY strong position to make a F&F offer, thus killing it stone dead.

 

What percentage of a total debt would be considered acceptable when you find yourself in this position? And, would you nned to pay this is one go? I wouldnt even be able to afford 10% just now.

[zazen.warrior]

I got rid of them by making a formal complaint to their complaints departments immediately they contacted me and making sure I marked the letters at the bottom "Cc The Office of Fair Trading Licence Fitness Deprtment" and sent a copy to the OFT. I never heard from any agency twice. They are in breach of the CCA 1974, The Data protection Act 1998, the CPUTR 2008 and OFT guidelines for pursuing an alleged debt in dispute.

 

 

I do pretty much the same, and if they even mention court action I send a request for disclosure.

[lickthewallfatboy]

I just ignore the prats now......got better things to do with my time than arguing with imbeciles

[jimbo45]

Hi all

What on EARTH does one have to do to get these DCA scumbags off your back.

 

I CCA'ed and SAR'ed the previous DCA (Nr 5 so far in the on going saga).

They couldn't get the paperwork and said they were "Returning the debt".

 

I've now got a "Pre court" notification from another DCA. Moorecrofts -- who are judging by posts on these forums are even LOWER than the sleaziest of slimy pond life.

 

Can I tell them to "go and make a sexual move with a duck" as this debt AFAIK is still in dispute -- and until the requested documentation is produced a debt can't be "passed on".

 

How do I kill this "Pass the parcel" merry go round -- each DCA seems to be even more horrible than the previous -- really SCUMBAGS.

 

Cheers all

[postggj]

The Reason They Get More Horrible Is They Get Even More Desperate The Lower Down The Food Chain It Gets

 

I Had A Statute Barred Orange Debt

That Account Went No Kidding To 10 Dca

 

The Last One Was Fredricksons And Even Had The Pleasure Of Mr Carter.

 

They Took It On Themself To Default Me On A Statute Barred Debt

 

They Got An N1 Claim From Me

 

Result Was A Few Hundred Quid For Me And Default Gone And No More Dca

 

In The End I Got My Revenge As I New They Were Toothless Cretins And All Blow And No Go

[jimbo45]

Hi everyone

I've been reading these Forums for a while and it seems OK you need the CCA and the SAR within a limited timeframe and if these aren't delivered within the prescribed period then the debt becomes "un-enforeceable".

 

However this doesn't seem to apply to me at all.

 

There just seem to be an endless chain of DCA's all queueing up --the latest one having an even lower life than the previous one.

 

The last one (EQUIDEBT) was threatening a CCJ with an Internet personal loan of around 3,900 GBP unpaid from Cahoot.

 

I asked them for the SAR and original CCA.

 

After around 3 months they finally sent a letter basically saying something like this (I've still got the original BTW if it ever comes to a court fight).

 

.... After considering your request we have decided to return this debt to the original creditor (Abbey) as we have been unable to obtain the requested documentation from them.

 

You will not hear again from us.........

 

(there was also another letter confirming that all interest and other charges had been frozen on this account).

 

 

Now I suddenly get a few weeks later a "Pre Court" notice from another bunch of sleazebags who call themselves Moorcroft Debt recovery threatening a CCJ and all sorts of other "nasties".

 

Short of winning the lottery I haven't ANY possibility of paying anything other than a tiny token payment as I'm currently out of work.

 

What on EARTH do I have to do to stop this going from one DCA to the next -- and if these "people" were suddenly to come up with the documents that the previous DCA failed to am I still liable.

 

I've seen people manage to get this stuff stopped but for some reason these DCA's seem to be hanging around me like wasps round a jam jar.

 

Your help would be really greatfully appreciated.

 

Cheers

 

jimbo.

Edited August 17, 2009 by jimbo45

[PGH7447]

send the I am bemused letter and then forget em, you are slowly getting to the bottom of the pile, when it eventually reaches someone like robbinscumway or muckyhall then you are nearly there.

[PGH7447]

Dear Sir or Madam,

Account number: XXXX XXXX XXXX XXXX

ACCOUNT IN DISPUTE

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/DCA** and has been since DATE 2008. 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

As **original/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/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

Also be advised that I will only communicate with you in writing.

Furthermore, should it be your intention to arrange a “doorstep call”, please be advised that under OFT rules, you can only visit me at my home if you make an appointment and I have no wish to make an appointment with you.

There is only an implied license under English Common Law for people to be able to visit me on my property without express permission; the postman and people asking for directions etc (Armstrong v. Sheppard and Short Ltd [1959] 2 Q.B. per Lord Evershed M.R.). Therefore take note that I revoke license under Common Law for you, or your representatives to visit me at my property and if you do so, then you will be liable to damages for a tort of trespass and action will be taken, including but not limited to, police attendance.

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.

Yours faithfully

[jimbo45]

Thanks

Will do.

 

Its amazing isn't it how these low lifes try and squeeze people who are not able for one reason or another to do anything about their current situation - whilst Russian millionaires etc get off scot free.

 

Wouldn't it be great if DCA's were HIGHLY REGULATED and debt couldn't be passed on from one to the other.

 

I can understand why Banks might use these type of servicves but once it has been passed to a SINGLE DCA that should be IT.

 

Thanks again

 

Cheers

jimbo

[jimbo45]

Hi all

I think I must have the record nr of DCA's attempting to collect a Cahoot debt - None of them ever obtained CCA / SAR from original lender but they still seem to pass this on to the next lower life in the pond.

 

Anybody got any idea of how to stop the never ending cycle -- even if you CCA and SAR one set of these vermin another one crawls up from nowhere like a plague of cockroaches.

 

Here's the chain so far.

 

1) C®apquest -- hassled 5 / 6 times a day with phone calls and threatened home Visit.

 

Managed to stop them by "Harassement" and any further calls would be a breach of the Wireless Telegraphy Acts 1949 etc.

Also said if they even attepted to come on to my property I would take all LEGAL means to have themejected including "Physical Removal" from the property (colleagues with Baseball Bats).

 

2) Debt then passed to an Outfit called Lewis debt.

Just told them the debt was in dispute with Crapquest and therefore not enforceable.

 

They said they obtained this debt from Cahoot -- Cahoot would oly tell me that "it had been passed on to an agency".

 

3) CL Debt recovery -- threatened Court action

 

Getting irritated now so just wrote back and said "*Boll***S* . I don't owe YOU anything -- go to court for all I care.

 

5 (yes 5) Threa-o-grams arrived in due course -- then nothing more.

 

4) Equidebt -- same old routine although I did SAR and CCA them. They admitted that they couldn't get the documentation and the debt would now be returned to the original lender and I wouldn't hear from them again. I'm not sure that "the original lender" got the debt back as this DCA also confirmed that all interest and other charges (whatever they are) had been frozen on this account.

 

5) Moorfield Debt recover -- so far 3 "Pre Court" threat-o-grams".

 

sent back standard letter someone on this board had posted on another thread in the legal section saying that debt is in dispute so can't be passed on to another DCA and any litigation willfail until dispute settled.

 

Now waiting.

 

How long can this saga go on for -- the debt was only for around 3700 GBP which I can't pay until I'm working again.

 

Surely there must be a limit to this "pass the parcel" nonsense.

 

As an offshoot if I assume the last slimebags bought this debt for pennies in the pound should I actually offer them soething like 300 GBP or would this negate the whole process since this would be tanatamount to admitting the claim.

 

I really would like an END to the endless chain of DCA's going after this debt.

 

Anybody else with MORE DCA's in the loop for the same debt.

 

Shows times are bad even for these scumbags.

 

Cheers

jimbo.

[42man]

I dread to think how much paper has been wasted by the DCA's in chasing it....a complaint to Greenpeace possibly ? or more importantly to the OFT, what amazes me is that when the debt is passed on, the outgoing DCA never seem to pass the details of the dispute......this just seems so unprofessional....

[zazen.warrior]

Most of mine have petered out after a maximum of about 5, but they do go down a level each time until they become quite laughable.

[sleepingdog]

Sorry jimbo45 ,I had 7 for a debt where there was no agreement before the phone calls , texts , telemessages and even a home visit all finally stopped, but I do not think this is the record judging by some other posts.

sleepingdog

[katpuss]

Lowell are great for hiding behind different names like Red etc.

[wakieblue]

Hi there,

 

I too am being harrassed by DCA's (I have a thread on that already).

 

Can anyone out there help me to get rid of them once and for all? Court papers were issued to me for a debt where the DCA didn't have the right paperwork etc (the usual stuff). Anyway, their claim was struck out. What I want to know is how can I stop it being passed to another DCA and having to go through the same process again?

 

Unfortunately, my debts are not yet statute barred.

[cashins]

but they do go down a level each time until they become quite laughable

.

 

Too true - they get more pathetic the lower they go.

 

I normally work something like this into the Acc in Dispute letter:

 

'You are in fact the 5th DCA regarding this, which says it all about your place in the scheme of things'

 

Found it tends to get up their nose...

 

David

[Having_A_Knightmare]

Unless you get an agreement made unenforcable under section 142 of the CCA they can keep trying and trying.

 

I have a Natwest account that is now at no5 DC WESCOTT...They have just been sent the go away letter!!!

 

HAK

[Luxxinterior]

Hi Jimbo45...

Are you actually taking these monkeys phone calls??

Best practice is ignore them and if they call just say you do not discuss financial matters over the phone, then hang up!!

 

Or ...if they call, tell them you cannot speak to them unless they answer your security questions...you can have lots of fun with that

 

"what is the elephant like creatures name in sesame st?"...that always gets em

 

If they answer correctly, your immediate response should be, "can you spell it?"

 

If they get that right the next question is "which Nintendo game will you buy if you actually get me to give you money?" This never evokes the right response, as the answer you have will never be the game they have in mind ...then say you cannot continue the call as they have failed your security questions...then just hang up Waste as much of their time as possible Oh and call them by their name...they hate that say their name in every sentence

 

They will soon get the msg

 

By the way the correct name for the elephant thingy is "Aloysius Snuffleupagus"... nothing less will do