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N150 assistance needed...please? / **WON**


NGEddie
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Help needed now guys please!

 

Get this, we got a letter on Wednesday, written Tuesday which was a LBA, then yesterday, we get another letter, dates last week, saying they have taken court action, but the account is on hold again whilst they speak to the creditor about the dispute, and they actually acknowledge my letter which I sent the other week!

 

Total confusion, I have now found some prove it templates so guess I need to send one back along with reference to the mess above listed above?

 

They seem to be almost fast tracking worse than the original creditor, or do ya'll think this is just their tactic to scare?

 

Any advice much appreciated

 

I can scan the letters if anyone would like to see but didnt really want to post them on here!

 

Cheers

 

E!

 

If they had taken court action, you would have received a claim form. This is harassment !

 

You should send them a bullet pointed letter, pointing out this has already been to court and the claimant at that time were unable to sustain their claim and discontinued with costs awarded against them.

 

Any further harassment from the new kid on the block will result in your complaint to the OFT. On top of which you will defend any claim they chose to bring against you with the same vigour as you defended the claim brought against you by XYZ.

 

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Cheers CB

 

I done the letter today, indeed, I have twice now pointed out, and they signed for them, exactly what you said above giving the history of the case etc... In the most recent I have advised I am going to report them to OFT and their governing body, is there a template for this and who exactly do I contact?! lol I want to do this asap also!

 

It really is laughable how they advise court action has been taken, then in the next paragraph the account is on hold whist they check with the original creditor. I am guessing the word court and telling you we shall be making arrangements to collect monies soon must scare some into just handing dollar over!

 

Thanks again, and please keep the info coming :-)

 

E!

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Update!

 

Had a letter now, from the creditor this time, saying they take complaints seriously and basically they are going to internally investigate the breaches which have been made and bad conduct... :violin:

 

Ahh I see, so I dont need to report them to OFT and CSA now then :roll:

 

So guys, any pointers on reporting the cretins to the above?

 

Cheers

 

E!

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In that case I shall take the third prize, some more advice pleeeeeeeeeeeeeeease...

 

So today we get another letter, well, about 3 pages of it actually.

 

In brief, they have spoken to original creditor, know the history, even though the DN was at faul and POC was useless thats ok, because they sent another DN even though the account had been terminated, denied any letters from us even though they were signed for, oh, and we have 3 weeks to pay or they are taking us to court........

 

Alrighty then, heeeeeeeeeeeeeeeelp pleeeeeeeeeeeeease?

 

E!

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What you do is contact the court in writing and explain that the original creditor is breaching court protocol bigtime, they should NOT be chasing you if you have had a case discontinued or thrown out due to POCs being inaccurate.

 

Ask for a mediation hearing so that you can find out what makes them think they have a stronger case against you now.

 

Complain also to the OFT and Trading Standards about them not fully understanding the laws surrounding debt collection. I am sure others will help with a letter.....

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Thanks SG1

 

Just to clarify, they actually withdrew and then we got wasted costs

 

BUT, reading the letters again this morning, the DCA claim that the original creditor had another court order just before they sold the debt to them, now surley we would have got something from the court advising this?!

 

From reading other threads it looks DCA tactics, talk about trying to baffle with BS, lol

 

As I said though, any more advice on next action appreciated.

 

I didnt really want to send the DCA the bit about not being able to issue another DN etc... just inacse it does go further, and, I need to check but I am fairly sure the second DN was defective again!

 

I recall someone mentioned if the account was live they should have sent montly statements, which they did not

 

Thanks in advance on this luvley sunny easter Sunday!

 

E!

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They should at least have sent ANNUAL statements, not monthly ones.

 

This is why you must go to the court and register a complaint against the Original Creditor and original DCA - for not keeping strict true accurate records.

 

Its unlkely you would have had a new CCJ without the paperwork, but you could check the Registry Trust records (and don't forget to add that charge to your records.... why the hell WE should pay any unlicenced unregulated organisation to access our OWN data is a complete mystery to me).

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Thanks again

 

It really is a play on words with these freaks, check this...

 

We were advised a new DN was issused after the defectictive one, the OC then OBTAINED a new CCJ against you just before the debt was sold to us...WTF?!

 

:jaw:

is this for real?

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How do I do this Donkey? I am guessing there shouldnt be anything there as we didnt hear anything from the court?

 

The letter reads the OC obtained a CCJ, but there is not one...yet...with the DCA...so please pay etc....

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Have a look here

 

http://www.trustonline.org.uk/

 

and follow the instructions. Costs £8 to see if anything’s listed against your name. This is not foolproof however, so you should also demand proof from them that a CCJ is in place. Could it have been made at another address? Anyway, if a CCJ had been obtained by default, why would they go back witha proper DN? They wouldn’t need to. Doesn’t make sense.

 

It’s a serious offence to state a CCJ is in place when it is not.

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Thanks Donkey

 

The whole letter is quite ambiguous really, especially the CCJ from the OC but not by us, yet etc....

 

I am going to ask for proof indeed.

 

It is actually quite laughable the command of the English language used by whoever has thrown it together!

 

Bottom line though, rubbish DN, with a joke POC, withdrawn, account terminated, issue 2nd DN...why?! which I am pretty sure was also wrong, must dig that out, lol, really cant see how or why they are still pursuing?

 

Thanks in advance to all of you anyway for the help, and also where are all the oldies? :!: everyone seems to have disappeared, did I miss something? :|

 

E!

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Eddie

 

Have been watching with interest - but nothing really to add to the excellent advice given above.

 

I would use every weapon you can use to screw both the DCA and OC. This is HARASSMENT and DECEPTION - big Time!

 

Good luck!

 

BD

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