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come where?

to your door?

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Can anybody pleae explain why no DCA ever come with a letter of authority from the original creditor and is this necessary?

 

Regards Trimbo

Is this a DCA, collecting on behalf of the creditor, or have they purchaced the debt?

 

Usually, a DCA would send a letter first advising you that they are acting on behalf of x.

 

If they have purchaced the debt, then it is a legal requirement to send you a notice of assignment.

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Can anybody pleae explain why no DCA ever come with a letter of authority from the original creditor and is this necessary?

 

Regards Trimbo

If they are coming to your door unannounced, this is a no no.

 

Explain that for Identity theft reasons, you will only ever communicate in writing and send this letter. to OC and DCA.

 

xxxxxxxxxxxxx 2009.

Dear Mxxxxxxxxxx,

Ref: xxxxxxxxxxxxxxxxxxxx

TAKE URGENT NOTE:

I DO NOT WISH TO RECEIVE ANY REPRESENTATIVE OF YOUR ORGANISATION, OR INDEED AN AGENT OR REPRESENTATIVE EMPLOYED BY ANY ORGANISATION THAT YOU ISSUE INSTRUCTIONS TO.

 

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 FOR DAMAGES FOR A TORT OF TRESSPASS AND ACTION WILL BE TAKEN, INCLUDING BUT NOT LIMITED TO , POLICE ATTENDANCE.

 

I also caution you here that should you ignore my request on this point, the actions of your representative(s) will happily be recorded either by CCTV or by telephone recording equipment – whichever is applicable. Accordingly I reserve the right to use any evidence of you or your representatives’ ignoring this request in connection with any actions that I choose to pursue, including media exposure.

 

Should it be your intention to disregard my wishes, and break your obligations, please be advised that the following rules also apply, as laid down by the OFT in respect of debt collection, and that you, as a holder of a consumer credit license, are obliged to follow:

The areas of the OFT guidance which applies to you in this instance are:

Debt collection visits

2.12 Examples of unfair practices are:

 

a. not making the purpose of any proposed visit clear, for example, merely stating that collectors or field agents will call is not sufficient

f. visiting or threatening to visit debtors without prior agreement when the debt is deadlocked or disputed

Deceptive and/or unfair methods

2.8 Examples of unfair practices are as follows:

 

k. not ceasing collection activity whilst investigating a reasonably queried or disputed debt.

Please note you may also consider this letter as a statutory notice under section 10 of the Data Protection Act to cease processing any data in relation to this account with immediate effect. This means you must remove all information regarding this account from your own internal records and from my records with any third parties and credit reference agencies.

Please confirm that you have complied with my request under section 10 of the Data Protection Act.

If xxxxxxxxxxx process or continue to process my information, then you will be complicit in the current breaches under the Data protection act. I am sure that xxxxxxxxxxxx will be aware of the penalties and fines involved.

I do believe this makes my position clear and unambiguous.

 

Yours faithfully

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Thank you for the immediate response even though I have not explained myself very clearly.

 

To clarify in answer to vint1954 Moorcroft originally said they purchased the debt without a letter of assignment then out of the blue I received a letter from Cabot saying they had purchased the debt again without a letter of assignment! I had made 5 payments to Moorcroft via a paying in book and they have now withdrawn although the debt has increased according to Cabot. I have now received 5 form letters from Cabot all saying they have been unable to obtain a response from Goldfish but still reconfirming the increased amount of debt. I am confused and unsure what best to do?

 

Any help would be appreciated.

 

Regards Trimbo

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Firsty, how old is this debt:

 

Have you sent anyone a CCA Request?

 

My first advice would be to send the latest DCA? - Cabot the Prove it letter.

 

I hope you have receipts for the payments to Moorcroft?

Every journey begins with a single step :):)

 

Please note: I have no qualifications in this area - my advice is learned from the wonderful members of this Forum. Thanks to you all for your help.

 

If you have found my post helpful please leave a short message by clicking the star to the left of my profile - Thank You

 

The only person entitled to your Personal Finance details is a Judge not a DCA

 

Move all banking activity to another banking group if you have a dispute - your funds can be used to offset debts within the same group.

Be careful with Banking details (card/account numbers) as these can be used to take unauthorised payments.

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what to do now?

ignore them, its been passed around to many times.

as HS says, how old is this debt? a bit of history please.

 

as for the increasing balance, thats a No-NO,

DCA's cannot 'add' to outstanding debts, which again makes me think it s getting on in time.

 

history please before you do anything.

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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ok so recent then.

 

i'd fire off a CCA request to the last DCA that chased you.

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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