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    • Hi   Are you asking this on behalf of someone and if so we would need more details?   When you say 3rd party order for an unpaid debt exactly what is the debt and by who?
    • If someone only receives a Govt benefit - ie working tax credit - and barely has enough money to pay for food, utilities, public transport and general essentials - what happens if their bank receives a 3rd party order to freeze the account because of an unpaid debt and a mistaken assumption that account holder has hidden funds/savings ?  Does the bank allow the account holder access to the bank to pay for life essentials?  Or does the bank literally freeze the account so nothing can be bought, no bills paid for ?   
    • Hi   As promised here is a response I have put together for you please fully amend as required   Dear XXXXXXXXXX   Complaint Reference: XXXXXXXXXXXXX   Further to your correspondence on XX/XX/2021 I find your response unacceptable for the following reasons:   You felt there was a data breach due to maladministration as we had the incorrect email address for you. As previously advised, the email was not sent to another individual but was undelivered due to having the incorrect email address. I   have requested a copy of the undeliverable message from our IT team. Once this has been received, I   will forward it to you. This has not been reported to our data protection officer as there was no breach. I  did also try to contact you by telephone to get the correct email address after it was returned to us, but there was no answer   I disagree with the above for the following reasons:   a) The Housing Association that sent it to the incorrect email address  b) The Housing Association were fully aware of my email address as you have been responding to myself at my email address even when I initially reported this and had a response from your online portal. c) This was a potential Data Protection Breach irrespective that it was undelivered and should therefore be reported to your data protection officer. d) You were responding to my emails at the correct email address and the as previously stated when I initially report this and got a response from your online portal to my email address, you incorrectly sent the response to an email address due to typo errors in that email address by the individual that sent.  e) If the individual that sent that email to the incorrect email address due to typo errors was yourself then you have a Conflict of Interest in dealing with this matter as it involves yourself and someone else should be responding to that matter therefore I require clarification if it was indeed yourself that sent the email to the incorrect email address.   You feel that this should be a stage 2 as your response was out of time due to having the incorrect email address. You received the response one week after it had been originally sent, once you provided the correct email address. This would not meet the criteria for escalating to stage 2. I  had already offered compensation of £25 for the delay in responding to your complaint. My colleague that reviewed this for stage 2 has advised that an additional £25 could also be offered to compensate for the delay caused by not having the correct email address.  Please note any compensation awarded would be offset against outstanding arrears in the first instance should there be any on your account.   I disagree with the above for the following reasons:   a) Your initial response was sent to an incorrect email address due to typo error irrespective that it was received one week later it was still out with the agreed stage 1 Time Limits therefore should be dealt with as a Stage 2 Complaint    Contents insurance is the responsibility of the resident to arrange. You are aware when you take on your tenancy that your personal belongings are your responsibility to repair and maintain, not A2Dominions. As such, any insurance to cover these items would have to be arranged by the tenant. There is no requirement for us to advise of this. Your tenancy agreement gives a comprehensive overview of what is A2Dominion responsibility. Should you have any queries about these. you can refer to the document   I disagree with the above for the following reasons:   a) As I was not aware of this by your staff when I took out this tenancy but you point out I was made aware therefore I would like to be provided with evidence from my housing file that I was informed of this when signing this tenancy agreement. If you cannot provide this then you cannot state that I was made aware at the time of taking up this tenancy. b) You point out their is no requirement for you to advise of this which I find astounding for any Housing Association to state this as they should be making any new tenant fully aware that Contents Insurance is required and the reason.   I  have been informed that the flood affected many members of the community that day. There were so many people affected that a local support group was also set up. This shows that the issue was widespread, not just limited to affecting your property and also proves that the issue stemmed from a wider mains issue. I do appreciate that there was a blockage in your drain which exacerbated the issue within your property, but as advised in my stage 1 response, this was attended within our urgent call out timeframe of 24 hrs. This was then passed back to Pyramid Plus as they were unable to dear the blockage, and follow on works were arranged. We are unable to attend to issues until we know about them, and we attended as soon as this was reported to us.   I disagree with the above for the following reasons:   a) In a previous response you blamed the mains water companies issue therefore not the Housings issue now you have changed it to a wider mains issue yet as I preciously asked to be provided with evidence again you have failed to provide that evidence. b) The blockage which you have previously been in denial about and suddenly admitted and openly blamed the main previously you have know admitted. As this blockage I within your property boundaries and is inside internal in my property the Housing is responsible for that issue and the further damage caused. In reference to your request for the previous reports by other residents, we would be unable to provide that information to you. We cannot discuss any reports by other residents under any circumstances   I disagree with the above for the following reason:   a) My request for how may tenants have complained about this you previously stated 'your system does not allow you to find this information' and now it is 'we cannot discuss reports made by other residents under any circumstances' I find this completely unacceptable as I did not ask this I only ask how many tenants had complaint about this issue whether it be one or ten as an example how difficult can it be as this does not breach any data protection laws and if you still insist on this approach then you can provide my with with full and I do mean full clarification as to your reason with which article and section of the data protection act you are using for your failure to comply with a reasonable request and your failure still to explain FOI.    
    • No!   Not because what you've written is wrong - it isn't - but because it's best to keep Simple Simon in the dark about how you are going to bat off his claim.   Look at   https://www.consumeractiongroup.co.uk/topic/393251-received-a-court-claim-from-a-private-parking-speculative-invoice-how-to-deal-with-it-hereupdated-jun-2021/   and then scroll down to   Q2) How should I defend?   Adapt the defence there.   The more you read up on VCS "no stopping" airport threads here the more you'll educate yourself on what needs to be done.
    • Defence :   1. No keeper liability as this is not “relevant land” under the POFA 2012 and I the defendant puts it to strict proof that VCS show as to who was the driver at the time. 2. No contract was ever offered by VCS, land is subject to own byelaws and signage is prohibitive so there can be no monies due as a result of either a contractual charge or as a result of a breach of contract.   is that enough?
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Beware of sneaky DCA tactics at Christmas!


DonkeyB
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I posted this last December, but I think it's worth a reminder to anyone who thinks they may have legal action against them imminent. We've seen a marked increase in the number of dirty tactics employed by DCAs this year, and apart from the 'generous' Christmas discounts offered by many DCAs, I think there are possibly more sinister techniques afoot.

 

Debt buyers like CL Finance/Cohens, for example, have issued thousands of claims without a letter before action during 2009 - so it's best to be on your toes.

 

Here's a resumé of my tip, learned from personal experience...

 

I think it's possible that certain DCAs/debt purchasers are likely to try and catch a few people out this month by using the delays caused by the Christmas post.

 

Around about the 18th or 21st of December they will issue N1 Claim Forms through Northampton and hope you've either gone away for Christmas, and/or miss the response deadline due to the seasonal activity, thereby getting a CCJ by default.

 

I half expected this to happen with a particularly sneaky outfit (Hello Mr T!) a couple of years ago at Christmas while I was away and, sure enough, on my return, on the doormat, with just two days left to respond was... you guessed it. The N1. So be aware and have a stress-free Christmas.

 

I'd encourage Caggers to post any other sneaky seasonal techniques they've come across here - such as nasty letters posing as Christmas cards with 'handwritten' addresses and coloured envelopes.

 

Don't wish to sound alarmist, but forewarned is forearmed. Wishing you all some sensational seasonal DCA bashing. Pass me the nutcrackers.

 

DonkeyB

“The industry is rotten to the core, whether it is in-house recovery and collection, or where agents are used, or where the debt has been sold.” Andrew Mackinley MP, House of Commons, 22 April 2009

 

If a Cagger helps you, click their star. Better still, make a donation however small, so that CAG can continue to help others.

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Nice post DonkeyB, if I can add my xmas tricks to watch out for:

 

They will try and spoil your xmas, so look out for the phone calls, right up to Xmas eve,so if you dont recognise the number then it can wait until after the holidays.

 

The parcel trick, we have a parcel for you, please call us, you know the one.

 

Even the county court judges have a break:

Christmas and New Year closures for HMCS courts and offices 2009

Thursday 24 December 2009

Friday 25 December 2009

Monday 28 December 2009

Friday 1 January 2010

 

So as DonkeyB states be forearmed, relax and have a good christmas all, remember, you worry and battle for 51 weeks a year with the DCAs, so relax and have a week away from the stress the worry, and enjoy your seasonal break..;)

"Always ask for a CCA, Simples".

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Maybe send a box of doughnuts?

“The industry is rotten to the core, whether it is in-house recovery and collection, or where agents are used, or where the debt has been sold.” Andrew Mackinley MP, House of Commons, 22 April 2009

 

If a Cagger helps you, click their star. Better still, make a donation however small, so that CAG can continue to help others.

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Every year around this time I seem to get threatomatics from the usual suspects. I suppose they send them to F*** up your Christmas with worry. The Leeds losers are so stupid that I even received one dated 25th December. Now I know things are bad in the Threat Centres but even the DCA Threat Monkeys get Christmas Day off.

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Bumping all the way

to Christmas Day

“The industry is rotten to the core, whether it is in-house recovery and collection, or where agents are used, or where the debt has been sold.” Andrew Mackinley MP, House of Commons, 22 April 2009

 

If a Cagger helps you, click their star. Better still, make a donation however small, so that CAG can continue to help others.

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:D :D:D

Aaagh! You just caused a coffee/keyboard moment!

“The industry is rotten to the core, whether it is in-house recovery and collection, or where agents are used, or where the debt has been sold.” Andrew Mackinley MP, House of Commons, 22 April 2009

 

If a Cagger helps you, click their star. Better still, make a donation however small, so that CAG can continue to help others.

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Letter? Oh yes, we definitely sent it! Must be lost in the post! Like a Bryan Carter claim form...

“The industry is rotten to the core, whether it is in-house recovery and collection, or where agents are used, or where the debt has been sold.” Andrew Mackinley MP, House of Commons, 22 April 2009

 

If a Cagger helps you, click their star. Better still, make a donation however small, so that CAG can continue to help others.

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I Have just got a sneaky one from Global Dept Recovery. Your name is registered as non-paying of a record dept. To clear your address now telephone us on above telephone number, and return the completed direct debit below to Global. It is our intention to issue proceedings within 10 days of the date of this letter. Its dated 16th December, So they must be working boxing day, Bless them. Is this any concern or is it just a bluff on their parts, Considering they have not established yet its my dept.

Of course prostitutes have baby's, Where do you think DCA staff come from...............

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I Have just got a sneaky one from Global Dept Recovery. Your name is registered as non-paying of a record dept. To clear your address now telephone us on above telephone number, and return the completed direct debit below to Global. It is our intention to issue proceedings within 10 days of the date of this letter. Its dated 16th December, So they must be working boxing day, Bless them. Is this any concern or is it just a bluff on their parts, Considering they have not established yet its my dept.

 

 

Standard threatogram bluff and bluster. Ignore them until they give you some idea of what the alleged debt is for.

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Standard threatogram bluff and bluster. Ignore them until they give you some idea of what the alleged debt is for.

 

They do not say to whom I owe the money too, But they do give amount as £235.20

Of course prostitutes have baby's, Where do you think DCA staff come from...............

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Bumpity bump

DCAs will get the hump

Cos we're wise to the way

They try and get a CCJ

“The industry is rotten to the core, whether it is in-house recovery and collection, or where agents are used, or where the debt has been sold.” Andrew Mackinley MP, House of Commons, 22 April 2009

 

If a Cagger helps you, click their star. Better still, make a donation however small, so that CAG can continue to help others.

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Bumping

 

I bet the sneaky little gits are just filing a few hundred claims online as I type...

“The industry is rotten to the core, whether it is in-house recovery and collection, or where agents are used, or where the debt has been sold.” Andrew Mackinley MP, House of Commons, 22 April 2009

 

If a Cagger helps you, click their star. Better still, make a donation however small, so that CAG can continue to help others.

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Yes the Christmas bug [humbug, that is] seems to have spread. Had a letter from Debt Clear the other and today we've had a call from DG and a letter from BOS.

 

I think our Christmas will be happier than theirs.:)

I really do appreciate all those 'thank you' emails - I'm glad I've been able to help. Apologies if I haven't acknowledged all of them.

You can also ding my gong if you prefer. :)

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I rather miss all the Xmas post 'cos I don't get many cards being one who doesn't send them :p

"To love unconditionally is the greatest gift, laughter is a close second" .To give your time to help others after being helped here is the best way to show your appreciation to your fellow CAG members.

 

Please note that this advice is given informally, without liability and without prejudice. Seek the advice of an insured qualified professional if you have any doubts. All my knowledge has been gained here, for which I'm very grateful. I'm a Journalist, not a law professional.

 

If you do PM, make sure to include a link to your thread as I don't give out advice in private ;)

BB 13 - DCAs/banks and solicitors 0.

 

I get a fresh start to get on with learning to live with severe disabilities when they could have had something if they'd been understanding...

 

<--- If you feel I've helped, please twinkle my star :)

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