Jump to content


  • Tweets

  • Posts

    • Lowell has recently bought over one of my old debts and in chasing me for payment have sent details of the debt to my ex-wife via email. Let me first start by saying i do owe the debt and I don't dispute it; whether it is unenforceable I don't know and this post/thread isn't to find that out. Lowell bought this debt earlier in the year for an account I ran between 2021 and this year before falling behind with payments and the debt eventually being sold off despite my attempts to deal with the original creditor. Lowell have sent me ONE letter in respect of the debt before reaching out via email to my ex-wife, giving information about the original creditor and the amount owed. I'm very concerned that Lowell have adopted this approach as I thought contacting a friend or relative about a debt was outlawed by FCA, but to find they have done this has left me shocked and a little embarrassed. I'm also concerned that they have potentially breached GDPR by sharing details with a third party without my consent. While there's little personal data given aside from the creditor and amount, I am mentioned by first initial and surname in the email sent to my ex-wife. I've never used this email account, have never had access to it and it has no connection to the original creditor so I have no idea why Lowell would use it to try to reach me. I've made a complaint to Lowell both about the communication being sent to a third party and potential GDPR breach, but should I be doing anything else?
    • thread title updated. so a sold debt. who are the solicitors? TM legal? why didn't ovo do this themselves as they do but chose to sell the debt on for 10p=£1? funny debt you state you reived a letter of claim, why did you not reply too it.? also is there is no indication of the date this bill comes from on the claimform? how do you know its from 2022? what other previous paperwork have you received? please scan page 1 of the claimform and bothsides of ALL previous letters upto one mass pdf read upload carefully. .................. pop up on the bulk court website detailed on the claimform. [if it is not working return after the w/end or the next day if week time] . When you select ‘Register’, you will be taken to a screen titled ‘Sign in using Government Gateway’. Choose ‘Create sign in details’ to register for the first time. You will be asked to provide your name, email address, set a password and a memorable recovery word. You will be emailed your Government Gateway 12-digit User ID. You should make a note of your memorable word, or password as these are not included in the email.  then log in to the bulk court Website https://www.consumeractiongroup.co.uk/topic/466952-lowelloverdales-claimform-old-cap1-debt/?do=findComment&comment=5260464 .  select respond to a claim and select the start AOS box. .  then using the details required from the claimform . defend all leave jurisdiction unticked  you DO NOT file a defence at this time [BUT you MUST file a defence regardless by day 33 ] click thru to the end confirm and exit the website get a CPR  31:14  request running to the solicitors [if one is not listed send to the claimant] ... https://www.consumeractiongroup.co.uk/topic/332546-legal-cpr-3114-request-request-for-information-when-a-claim-has-been-issued/ type your name ONLY Do Not sign anything .do not ever use or give an email . you DO NOT await the return of ANY paperwork  you MUST file a defence regardless by day 33 from the date on the claimform [1 in the count] ..............  
    • Thank you again. I'm hoping it will come out in the wash and will endeavour to check my online account. I'm a bit unsettled by not hearing from Booking.com but the host is sounding helpful at the moment. HB
    • I've just remembered that a friend of mine had bookings cancelled on Booking.com about a month ago - and the good news is that all worked out in the wash. I'm at work now but will scribble properly in a couple of hours with the full tale.
    • Thank you Dave. I've had nothing from Booking.com, just a message via the site from the host. I know I need to check my bank account, just trying to resolve some technical issues. HB  
  • Recommended Topics

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
        • Like
  • Recommended Topics

Completely ignoring a DCA, can it work ?


snowy101
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 4554 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

Just a general question to chew the fat on

 

 

 

When i first came on here for advice on dealing with DCA`s i got sound & very helpful legal advise as to how to deal with the situation & i am very very grateful for all the help & advice that was given, but due to a death in the family acting on the advice given was firmly put on hold.

 

I have now got the time to deal with them but having read various threads on here i`m starting to think that just ignoring them totally, maybe a better option [ in my circumstances].

 

I have 2 DCA`s chasing me for alleged debts, i never ever answer the phone to them & have never sent any letters, i have now noticed that the letters i get are running out of steam & going round in circles.

 

I was wondering if anyone else has used this tactic?, the amounts they claim i owe are not enough to take me to court [ IMO] so why should i even start playing the game with them just to be passed on to another DCA & start the whole time consuming game all over again.

 

Mr Ton has said on a number of occasions that DCA`s have no power what so ever unless they take you to court to enforce payment, it got me thinking

 

These are my circumstances & i am not trying to trivialize or belittle anyone who has more serious problems.this site is a god send in the fight with DCA`s

Link to post
Share on other sites

  • Replies 65
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

DCA's rely on threats & intimidation to get you to pay up.

They are full of themselves in terms of what powers they think they have.

They have no more rights to money off you than your next door neighbour does.

Only the court system has any powers to extract money out of the individual.

Edited by mr.ton
Link to post
Share on other sites

DCA's rely on threats & intimidation to get you to pay up.

They are full of themselves in terms of what powers they think they have.

They have no more rights to money off you than your next door neighbour does.

Only the court system has any powers to extract money out of the individual.

 

Mr Ton:D

 

 

It was that very statement that made me think

" feck em, put up or shut up "

 

I also read on the whoscallingme thread the type of people these scumbags employ & was disgusted with the Kacey character, so my mindset has altered, i`m sure others feel the same.

Link to post
Share on other sites

Just a general question to chew the fat on

 

 

 

When i first came on here for advice on dealing with DCA`s i got sound & very helpful legal advise as to how to deal with the situation & i am very very grateful for all the help & advice that was given, but due to a death in the family acting on the advice given was firmly put on hold.

 

I have now got the time to deal with them but having read various threads on here i`m starting to think that just ignoring them totally, maybe a better option [ in my circumstances].

 

I have 2 DCA`s chasing me for alleged debts, i never ever answer the phone to them & have never sent any letters, i have now noticed that the letters i get are running out of steam & going round in circles.

 

I was wondering if anyone else has used this tactic?, the amounts they claim i owe are not enough to take me to court [ IMO] so why should i even start playing the game with them just to be passed on to another DCA & start the whole time consuming game all over again.

 

Mr Ton has said on a number of occasions that DCA`s have no power what so ever unless they take you to court to enforce payment, it got me thinking

 

These are my circumstances & i am not trying to trivialize or belittle anyone who has more serious problems.this site is a god send in the fight with DCA`s

So long as you have told them that the account is disputed, then there is no further reason to contact them or play thier game. You may miss the sport though.

 

You will need to decide if constant contact with them is encouraging them or reinforcing your unwillingness to give in.

Link to post
Share on other sites

I was wondering if anyone else has used this tactic?, the amounts they claim i owe are not enough to take me to court [ IMO] so why should i even start playing the game with them just to be passed on to another DCA & start the whole time consuming game all over again.

 

I had 23 DCAs chase me for the same debt. They all sold it on because i ignored them.

 

A bit of fun i had was to answer the phone and say, hold on i will get him for you. I would then put the phone down on one side, and go off and do something else.

Great fun if you have the b*lls to do it.

 

Ignoring them is also important if you ever plan to use the limitations act.

 

Mr Ton has said on a number of occasions that DCA`s have no power what so ever unless they take you to court to enforce payment.

 

Correct.

Link to post
Share on other sites

I get into alot of trouble on this site for advocating the "stop paying" method.

But those who "tell me off" so to speak, need to READ exactly what i say 1st & not just pounce on me straight away.

I dont just advocate non payment for the sake of it - it is usually after i have read a horrendous story of how the person is being lied to,bullied,cheated & generally just being treated shoddily all round by the DCA.

I always say "Let a court decide" - i fully accept that may not be good for everyone, but in most cases it is. (none homeowners for example)

So you may end up with a CCJ for 6 years...big ruddy deal, usually getting credit for the next 6 years is the last thing you'd need anyway.

Rant over :D

Link to post
Share on other sites

So long as you have told them that the account is disputed, then there is no further reason to contact them or play thier game. You may miss the sport though.

 

You will need to decide if constant contact with them is encouraging them or reinforcing your unwillingness to give in.

 

 

Hi Vint

 

When you say " so long as you have informed them the account is in dispute"

 

Is there a legal reason? because i love sport but not the DCA kind.

The phone calls i get are very few now & the letters are getting more desperate & not as frequent so that's really why i posed the question

Link to post
Share on other sites

I found that ignoring them worked pretty well, only one of mine ever went beyond the threatogram stage. All of mine except one have gone Stat Barred now. However, I had not discovered CAG at the time I was using my own strategy of ignoring - if I'd have known then what I know now, I would probably have done things differently.

Link to post
Share on other sites

oh ignoring them works allright

 

but I've decided to dish them up with a bit of their own medicine......Westcot are about to get my first invoice for availing of my "staff training facility" which I offered them previously!!

 

£40-pay up or get taken to court

 

only I WILL do it,not just threaten it

Link to post
Share on other sites

Hi Vint

 

When you say " so long as you have informed them the account is in dispute"

 

Is there a legal reason? because i love sport but not the DCA kind.

The phone calls i get are very few now & the letters are getting more desperate & not as frequent so that's really why i posed the question

Assuming that you have requested your agreement and they have not complied, then the account goes into dispute.

Link to post
Share on other sites

I get into alot of trouble on this site for advocating the "stop paying" method.

But those who "tell me off" so to speak, need to READ exactly what i say 1st & not just pounce on me straight away.

I dont just advocate non payment for the sake of it - it is usually after i have read a horrendous story of how the person is being lied to,bullied,cheated & generally just being treated shoddily all round by the DCA.

I always say "Let a court decide" - i fully accept that may not be good for everyone, but in most cases it is. (none homeowners for example)

So you may end up with a CCJ for 6 years...big ruddy deal, usually getting credit for the next 6 years is the last thing you'd need anyway.

Rant over :D

 

This really depends what the debt is for, letting a court decide is all very well, but there is a very real risk of extra charges, not a huge amount, but something that people could do without.

 

A few years back, I had a huge (valid) water bill, I ignored it, eventually it went to DCA's then court, I didnt oppose it, this was a few years back when I was more naive, but even now I dont think I had any real reason to dispute it, i ended up with a CCJ, and eventually an attachment of earnings order for £50 a month, its now paid but i've got a CCJ on my Credit record, not a huge deal, I'm not after any loans, BUT it does affect other things, getting a mobile phone contract for example, I like to shop around when my contracts have ended but now I find more n more places just say 'no', I've just started a new one with O2, BUT they wanted £100 desposit first, I guess the moral is that with hindsight I wish I hadnt ignored the DCA's and just paid them.

 

Now I have some examples where ignoring them is ok, I've been chased for 2 amounts from Paypal, I'm well aware that Paypal wont chase me through the courts so they are safe to ignore (in my opinion). I also have been chased by HFo for a mere £34 for an 3 mobile debt, I'm unsure wthere this is actually owing or not, but HFO are such idiots, that ignoring is the best bet, esp for such a small amount.

 

I also have some unenforceable card debts (im currently on an agreement to pay £1 a month), but when that ends I will no doubt have to go down the 'in dispute' route, in this case I wont ignore any DCA's chasing me, I'll just point out the account is in dispute.

 

So there you have it, 4 different scenarios, wether you ignore/respond/fight DCA's really does depend on the circumstances.

 

Andy

Edited by andydd
Link to post
Share on other sites

To ignore or not ignore, that is the question. I've been ignoring letters from DCA over debt that doesn't have anything to do with me. However, postman knocked on door today with a recorded delivery letter which I refused to sign for. Am I really at risk of having CCJ lodged against me if I refuse to accept recorded mail from these scumbags?

 

If you haven't told them yet then you should. Refusing recorded mail means you could get a ccj against you without you knowing it.

 

most first letters from a dca are pure phishing to get a bite

 

i used to ignore all letters and they just gave up only to be contacted by antother dca six months later

 

just dont bite

 

However, I did bite, back in March 2008, when I sent letter to deny debt. Didn't know all this stuff then. Thought they'd gone away but it's started up again. So, what further damage would it do if I sent letter denying debt again and saying if there's any more letters then I'll report them to OFT?

 

http://www.consumeractiongroup.co.uk/forum/show-post/post-2492749.html

Edited by slc79
Link to post
Share on other sites

I must admit to never having acknowledged a DCA, if they ring I put them on hold or disconnect them.....and they rarely ring now.

 

If they write I add it to the folder never actually acknowledging receipt.

 

Most of my OC's are paid at the mo, standing orders at a quid a month.

 

The ones that arent are those who havent responded to CCA request.

 

Don't think I have a single account that hasnt been terminated, none are incurring any interest or charges (with the exception of Amex and MBNA....but F*** 'em they're just a pain to resolve at a later date)

 

I'm pretty sure that a matter of such importance as paying a DCA would be corresponded to me by rec delivery, if they chose to use UK mail and cannt evidence correspondence thats their problem.

 

If one of them decides to issue NI I'm pretty sure I can defend ok and if by some miracle one of them wins it'll be a few hundred quid in costs on on top of a balance that hasnt attracted interest in the thousands for the last couple of years.

 

Should Crapquest or another of the idiots try for a SD that'll be fine with me too, could do with earning a few hundred squid out of them preparing for the set aside :D

 

 

Gez

Link to post
Share on other sites

I'd say do not ignore them completely, respond to every 10th letter or so, for example. I.e. let them send you a few letters, than respond with a CCA request, another dozen of letters would warrant a response in form of 'account in dispute' letter and so on. Maybe just for fun send once in a while a 'statue barred' letter (whether it is old or young debt) just to check if they read you letters at all and keep them on their toes.

 

Some people (like myself) may find it quite good fun to chat with them on the phone 'for sport'. Hell... sometimes, I am even getting worried if nobody calling for too long :)

 

But seriously, if goal is to just drag things for as long as possible with a view to run up 6 years, than the following would be probably the winning strategy.

 

Respond to every 10th letter from any given DCA with a random (more or less relevant) template from CAG template library.

The loosing strategy is perhaps the following:

 

Worry and be afraid. Respond to every letter and try to argue or plead with them. Pay sometime to get them off your back. Lose sleep and get a depression and a nervous breakdown.

Edited by Readalot

--------------------------------------------------

Yorkshire Bank ~1200£ of charges reclaimed many moons ago, settled out of court

HSBC ~350£ of charges reclaimed many moons ago, settled out of court

HSBC ~4000£ flexiloan CCA request sent May 2009, 'sorry, we do not have your CCA' letter received June 2009, AccountInDispute letter sent.

HSBC ~9000£ CC CCA request sent May 2009, no response, AccountInDispute letter sent.

HSBC - preliminary letter for about 300£ of unfair charges plus interest sent May 2009, LBA sent June 2009, N1 POC and Schedule of charges submitted July 2009

Egg - CCA, SAR, "no more calls" letter, DMP offer sent July 2009. Got a DN from Egg - wont say a word on this one until court papers are received.

Link to post
Share on other sites

ignoring them works if you have no property

16 years ago i still lived with my parents and was in a lot of debt £30000 and more to various companies and banks but i just ignored all the phonecalls and letters .they kept trying for about 8 years but

now they have all disapeared just the recent debt on my file now.

Link to post
Share on other sites

ignoring them works if you have no property

16 years ago i still lived with my parents and was in a lot of debt £30000 and more to various companies and banks but i just ignored all the phonecalls and letters .they kept trying for about 8 years but

now they have all disapeared just the recent debt on my file now.

 

Pretty sure you could find a work around even with property, ok so they'll go for the immediate interim CO but that would have to be with OC as 3rd party litigant and would be defendable in court and of course this would only be possible if they ever actually got around to filing against you.

Link to post
Share on other sites

If I have a valid dispute on the debt, I get argumentative with them and do whatever I can to upset them. I try to get them to disclose information without me going through DPA, then I tell them I'm recording the call and I'm going to pass it on to the information commissioner (upsets them twice in one sentence... they hate being recorded and they know they've done wrong by the data protection act). I laugh at them when they say they'll take me to court. I tell them to start court proceedings. When/if they do, I put in a defense and they drop the case (or risk losing). Finally, I get to chuckle knowing that they have spent more money on chasing the debt and they are even more out of pocket, and their "industry" has a negative on its balance sheet. All this just to show bullying tactics does not pay off and hopefully their companies will clean up their acts.

If in doubt, contact a qualified insured legal professional (or my wife... she knows EVERYTHING)

 

Or send a cheque or postal order payable to Reclaim the Right Ltd.

to

923 Finchley Road London NW11 7PE

 

 

Click here if you fancy an email address that shows you mean business! (only £6 and that will really help CAG)

 

If you can't donate, please use the Internet Search boxes on the CAG pages - these will generate a small but regular income for the site

 

Please also consider using the

C.A.G. Toolbar

Link to post
Share on other sites

Am I really at risk of having CCJ lodged against me if I refuse to accept recorded mail from these scumbags?

 

An N1 isn't sent by recorded delivery, and you'll know what it is if you ever get one. Obviously you shouldn't ignore one of those. But I don't think there is any way of sneaking a CCJ past you like that, as any paperwork will come direct from the court. Of course, there is the DCA trick of using an old address, so that you never get paperwork, and then getting judgement by default, but that is a different issue.

Link to post
Share on other sites

i know what you mean. the dca's threatened to take me to court a thousand times not once did i receive an actual court summons.

the same with their threats to send somebody round.

I've had one take me to court. I posted a defense online and they dropped the case... another £50 down the pan for them :lol:

If in doubt, contact a qualified insured legal professional (or my wife... she knows EVERYTHING)

 

Or send a cheque or postal order payable to Reclaim the Right Ltd.

to

923 Finchley Road London NW11 7PE

 

 

Click here if you fancy an email address that shows you mean business! (only £6 and that will really help CAG)

 

If you can't donate, please use the Internet Search boxes on the CAG pages - these will generate a small but regular income for the site

 

Please also consider using the

C.A.G. Toolbar

Link to post
Share on other sites

Huff&puff's absolutely right on this.... N1's are issued 1st class standard RM and deemed served at 48 hours. No chance of missing one by rejecting recorded delivery packages.

 

As for DCA's using an old address, its well documented on here that they do and will try this [problem]. Just shows how low they have to go to get a 'win' :rolleyes:

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...