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Being bothered by Debt Collectors/3rd Parties /Solicitors etc ? - SEND THEM THIS!

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AND we have just logged the 500th call from Mercers/Calders et al so DO NOT tell me I don't know what I am talking about and that is despite letters both from here (CAG) and self researched and composed letters, formal solicitors letters and the serving of injunctions. Now tell me that the banks/dcas are heeding all of the old arguments and will obey the law, OFT guidelines and increasingly weakening stances taken on here.

 

:)

 

With all due respect Oilyrag... it's not a walk in the park! Most of have wished it were possible to wave a magic wand and POOF.... Mercers et al have gone. It doesn't (usually) work like that and if it does, then you're lucky. The template letters are there for people to use. Some DCAs will ignore these, but it still leaves you with a paper trail if things deteriorate further.

 

I had six months of phone calls from Barclays/Mercers before they called it a day.... but it never occurred to me to turn round and blaim CAG for that. No-one said it was easy. Some people get better results more quickly than others. Some people win their day in court without a problem. Others are harrassed endlessly and need to go to Appeal to see things through...

 

It's a rough game for some.... and a lot depends on how you respond or don't respond at the time. People who've been on CAG for a while have gained expereince with this.... and have usually got it by emalgamating other people's sagas with their own.

 

Read, read and read threads on here would be my advice to you.

 

:)

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With all due respect Oilyrag... it's not a walk in the park! Most of have wished it were possible to wave a magic wand and POOF.... Mercers et al have gone. It doesn't (usually) work like that and if it does, then you're lucky. The template letters are there for people to use. Some DCAs will ignore these, but it still leaves you with a paper trail if things deteriorate further.

 

I had six months of phone calls from Barclays/Mercers before they called it a day.... but it never occurred to me to turn round and blaim CAG for that. No-one said it was easy. Some people get better results more quickly than others. Some people win their day in court without a problem. Others are harrassed endlessly and need to go to Appeal to see things through...

 

It's a rough game for some.... and a lot depends on how you respond or don't respond at the time. People who've been on CAG for a while have gained expereince with this.... and have usually got it by emalgamating other people's sagas with their own.

 

Read, read and read threads on here would be my advice to you.

 

:)

EX-ACT-TO- MONDOO AS DELL BOY SAID !

DIFFERENT STROKES FOR DIFFERENT FOLK ES

ABIT OF THIS AND THAT, ALL MIXED TOGETHER JUST TO CONFUSE EM !:)

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Can we agree that this thread is actually pointless? If we can agree on that, could a mod close it?

 

There seems to be a lot of wasted time on here that could be put to better use helping the growing numbers finding CAG. I have been on CAG for approx 16mnths and can see where both Oily and Pinky are coming from. You are both correct in what you say, but the sniping is not helping and is sure to be having the DCA's laughing all the way to the Bank!


Advice & opinions given by spartathisis are personal, are not endorsed by Consumer Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.:)

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Can we agree that this thread is actually pointless? If we can agree on that, could a mod close it?

 

There seems to be a lot of wasted time on here that could be put to better use helping the growing numbers finding CAG. I have been on CAG for approx 16mnths and can see where both Oily and Pinky are coming from. You are both correct in what you say, but the sniping is not helping and is sure to be having the DCA's laughing all the way to the Bank!

 

The thread seems to have developed into those looking for some kind of magic fix for creditors/DCAs to go away... now that the CMC's can no longer "guarantee" this anymore.

 

While I may be one of the experienced CAG members accused of being sarcastic (not sure if that's the case or not though)... I must say, that we do get sick and tired of people with a few posts to their name turning on the forums for not solving their problems for them.

 

I have helped many, many people on here (as have others). The advice I give is taken from experiences I've had, as well as from what I've read and absorbed from CAG. People do not have to follow that advice, so if they believe that it's not good enough or, that their are significant gaps in my knowledge/experience, then let them go to someone/somewhere else. I would never guarantee success in this game... but what I've done over the past 3-4 years has kept me out of a courtroom because all communication has been in writing and everything has been challenged.

 

My strength is in writing letters and nit-picking everything. It's something I've used to my advantage for years and have advised others to do as well (amongst other things). To date, no-one has been let down by the advice I've offered on here.... not to my knowledge anyway.

 

On that basis, I would never recommend send a letter remotely like Nuk'em's... but as ever, people make their own choices in life.

 

:)

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Hi spartathisis

 

Did I not say all of this in an earlier post? AND PO1 who is blaming CAG, far from it and certainly not me. All that was being asked is to move forward and recognise that all of the old cliches no longer are as effective as they used to be. Please read my earlier posts, far from being a total novice, we have single handedly (without CAG) brought several accounts over a period of two years to stalemate with them cornered legally with one creditor (BC) with open criminal allegations on the table and a six figure claim for compensation and penal damages for unlawful/criminal activity on one account plus all of the consumer credit material discussed here on CAG. It was a final warning from the medics that brought me here and to the instruction of a legal team. So lectures in things that NO LONGER work as they used to are pretty pointless are they not and not too good advice for someone just starting out.

 

As I have said if the old dogma doesn't fit then clear off you have nothing to offer. We must never question the old hands or their ways or even ask to move forward. Take the medicine we give or we don't want to know.

 

Oilyrag.

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Hi spartathisis

 

Did I not say all of this in an earlier post? AND PO1 who is blaming CAG, far from it and certainly not me. All that was being asked is to move forward and recognise that all of the old cliches no longer are as effective as they used to be. Please read my earlier posts, far from being a total novice, we have single handedly (without CAG) brought several accounts over a period of two years to stalemate with them cornered legally with one creditor (BC) with open criminal allegations on the table and a six figure claim for compensation and penal damages for unlawful/criminal activity on one account plus all of the consumer credit material discussed here on CAG. It was a final warning from the medics that brought me here and to the instruction of a legal team. So lectures in things that NO LONGER work as they used to are pretty pointless are they not and not too good advice for someone just starting out.

 

As I have said if the old dogma doesn't fit then clear off you have nothing to offer. We must never question the old hands or their ways or even ask to move forward. Take the medicine we give or we don't want to know.

 

Oilyrag.

 

Please don't preach Oilyrag.... share.

 

Some of my own successes were pre-CAG as well, for what it's worth.

 

:)

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First of all, no one is sniping, and secondly, there is no such thing as "old" ideas. Consumer law is consumer law. You challenge using it, sometimes you win, sometimes you lose. And no one is lecturing except those desperate for a quick fix to things they cannot solve. There isn't one.

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Have you actually won this claim for compensation or not Oilyrag?.... because the implication is that you haven't.

 

I'm sure no-one wants to be rude, but you wouldn't be the first member of CAG with under 100 posts and no threads to their name (apart from in the Bear Garden).... claiming all sorts....

 

Why have you not started any threads on this success yourself?

 

:)

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PO Oily doesnt say he has won he says he is at a stalemate with the creditor because of the claim.


Advice & opinions given by spartathisis are personal, are not endorsed by Consumer Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.:)

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PO Oily doesnt say he has won he says he is at a stalemate with the creditor because of the claim.

 

 

So he's the Claimant.... and he hasn't won (yet), but presumably expects to win, but the CMC's are getting cold feet following Waksman, so he's looking for answers here. That's how it seems anyway.

 

The only answer you would have got from me was not to go ahead as a Claimant in the first place.... and if he'd posted a thread before going ahead with it, he might have realised how risky it was before going ahead.... assuming he was open to that advice, of course.

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It seems to me some of you are taking things personally rather than moving forward.

 

I also think some of you are missing the point.

 

There is no magic answer and it is quite irrational to keep using this argument.

 

Strategy is quite different to a magic answer.

 

I can only speak from my own experience and post Waksman things have changed and also attitudes have changed that is fact. The laws have not changed

 

I agree with Oily certain things no longer work. That is fact.

 

The thread is a waste of time if we can`t freely express ideas and share our experiences.

 

How many of you post Waksman have had the same experiences you had pre Waksman.

 

I agree you may have many posts and threads but all pre test case.

 

I agree that you may have had many success and helped people. That`s great.

 

Every case is different and will need different tactics.

 

So no problem if everything still works the same as pre Waksman then I will bow to your superior knowledge.

 

It would now seem you have to have x amount of posts and threads before you can express yourself.

Edited by jonoh1
typo

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I can only speak from my own experience and post Waksman things have changed and also attitudes have changed that is fact. The laws have not changed Thank you! :rolleyes:

 

So no problem if everything still works the same as post Waksman then I will bow to your superior knowledge. I don't come on here to feed my ego Jonoh.... I come on here to share ideas that work because as you've kindly pointed out to us..... the laws have not changed :)

 

It would now seem you have to have x amount of posts and threads before you can express yourself.

 

Not at all.... but some credibility beyond the Bear Garden would help... :)

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I have never said the laws have changed. That is fact.

 

Things in the real world since post Waksman have changed. That is fact

 

Now I know the reason reading your comments why I never bothered posting for years.

 

One can only go with ones experiences. So obviously your experiences post Waksman are good and nothing needs to be done differently hence I respect that and will comment no further.

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I have never said the laws have changed. That is fact.

 

Things in the real world since post Waksman have changed. That is fact

 

Now I know the reason reading your comments why I never bothered posting for years.

 

One can only go with ones experiences. So obviously your experiences post Waksman are good and nothing needs to be done differently hence I respect that and will comment no further.

 

There's no helping some people.... there really isn't :rolleyes:

 

Read lots of threads and then read some more....

 

Good luck

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Priority One,

 

You seem to have taken all of this very personally. Lets us get some clarity here.

 

I spent four long months at the "stalemate" point in the depths of despair reading this forum as a guest before even thinking of becoming a member. A cold light of day analysis tell me this. There are a number of threads which are no more than "setups" to suss you out. There are a number of very vociferous prolific advisory "members" whose advice and posts should be treated with the utmost caution, I personally treat these as having hidden agendas.

 

At no stage have I ever stated that I had won anything. Far from it in fact we have reached a STALEMATE which has been the staus quo for many months. We don't pay and they will not go to court.

 

I have used all of the mantras on here (without CAG actually) to get where we are. Which is stalemate.

 

There is a claim on the table as stated as a side issue which came from the illegal activities of the bank and credit card company concerned. It was part of a wider picture, which was handed to us on a plate, and only required a little thought to put together. The criminal allegations we have no control over as you should know. Proceedings are held until the consumer law issues are resolved.

 

We have one SAR refused on the grounds that they do not have to provide this information Reason given being that under the criminal law they are not bound to provide information that incriminates them in unlawful activity. The onus of that proof lies with us. Fortunately we have enough in the normal paperwork to push forward. NEVER HAS this unlawful activity ever been denied at any stage. It is to do with their claimed right of "SETOFF" but every case has to be dealt with on its own circumstances and I would venture to suggest that anyone who has had this happen to take a good look at exactly what wnd when this happened in great detail.

 

Reason no threads, legal team instructions.

 

Reason few posts. Not much to offer. You have already in your wisdom collectively stated all the things we have already done on consumer matters. Why would I keep on ramming this stuff down people's throats. There is a more than adequate stickie on this site to explain it all.

 

At no stage have we ever advocated being a claimant in a consumer credit matter. When my anger first boiled over, yes I would have liked to have hammered them proactively. Rational thought then prevailed. It is the professionals advice and our own analysis from a long time ago that the evidential requirements based on balance of probabilities in civil courts mathematically shifted the odds just a few percentage points more in our favour if we defended. O-level mathematics would have taught that to anyone.

 

Reason for involvement here on this thread. As Jonoh rightly says factors on the ground have changed, the law has not. It is not all to do with Manchester either. Whilst I do not (as previously stated) agree with Nuke-em what he did do was open the opportunity to debate the reason why things in reality have changed "on the ground" and to examine properly the possibility of improving the methods advocated in dealing with the aggravation and hassle thrown out to all of us by the DCA industry. Clearly many mantra dispensers do not want this to happen. Again if a question is raised there is an immediate defence and debate is stifled if at all possible. Please explain to me WHY?

 

I have stood up and been counted on the basis that I do not have a solution and looked to the senior members to give a lead, not only to help me cope with the level of hassle but certainly those in more need than I.

 

It is a fact following the Supreme Court rulings and the failings of the OFT to act on our behalf, the Waksman judgement, McGuffick and more that the opposition have grown in confidence and are getting more difficult to deal with. This is undeniable. The legal professionals will also tell you so. Hence my question why is it so difficult for you authoritive members to discuss these problems openly and rationally?

 

Now can we get back to some really sensible discussion as it is a fact, like it or not, that the established, (I will refrain from using "old") mantras are becoming less effective particularly in the hands of new members and people just starting out. One the key aspects to any of these consumer issues is the destruction of someones quality of life by the DCA industry. Most of it is illegal or skating on the fringes. Is it therefore not incumbent upon us who are currently actively involved and those who have "already won" to at least try to improve what actually is a deteriorating situation for many.

 

oilyrag:)

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Now can we get back to some really sensible discussion as it is a fact, like it or not, that the established, (I will refrain from using "old") mantras are becoming less effective particularly in the hands of new members and people just starting out. One the key aspects to any of these consumer issues is the destruction of someones quality of life by the DCAlink8.gif industry. Quote:'Most of it is illegal or skating on the fringes. Is it therefore not incumbent upon us who are currently actively involved and those who have "already won" to at least try to improve what actually is a deteriorating situation for many'.

Thanks OR lets go forward now.

Stripper;)

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Exactly Oilyrag. You put forward the views far more eloquently than I ever could.

 

Agree time to move on. DCA`s to fight not each other. My last comment.

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I Had A Nice Ginger Nut

Now Are Trying To Acheive Total Wipe Out Of The Dca Or Rid Them Off Our Backs , Without Legislation We Wont Wipe Em Out,

However We Can Pool All Current Ways Of Dealing With Them To Help Others, So

So Cca Does Have A Result More Often Than Not ?

Harassment Has This Way To Any Ones Knowledge Had Success

Charging For Letters , Many Others Had Success

Any Other Ways Thoughts Or Ideas So We Can Move Forward

 

More Tea Vicar !

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mines two sugars with milk please when I get back

 

Have you any figrolls?

 

oilyrag:)

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mines two sugars with milk please when I get back

 

Have you any figrolls?

 

oilyrag:)

THATS THE SPIRIT HA

NOW COME FORTH IDEAS SHOW THY SELF :)

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I'll tell you what. I'll let you get on with the miracle karma for debts, this elusive "strategy" that is going to be the panacea for all - and I will get on with helping people find real solutions to real debt problems. My strategy has worked - I am debt-free- and I haven't seen anything in this thread or anything in recent judgments to change my modus operandi. DCAs are still bullying liars and conmen and agreements which are non -existent or not properly executed are still unenforceable. Plus ca change, plus la meme chose.

 

 

Pinky, when you say you are debt free, do you mean this:

 

I Pinky had any or all of the following : -Credit Card(s), Personal Loan(s) , Mortgage(s), HP Finance and other debtor/creditor based loans etc, which due to a change(s) in my personal circumstance i was unable to, or due to information i subsequently found out about CCA stuff & other info, decided/choose not to pay.

 

Then OC's started to try and reclaim those "monies" from me using various legal& illegal methods but due to my endeavors & strategies those debt have now been cleared & /or paid back a lesser amount in F&F settlement , in some way. So that all the account(s) previously held would under UKGAAP accounting rules be demonstrated to have zero balances. This is the understanding of both Pinky & all/any OC(s) in question

and

Subsequently, ****** DCA’s were passed some/all of my “accounts” and they attempted to extract using various legal& illegal methods, money out of me , however due to my endeavors & strategies those debt(s) have now been cleared in some way so that under UKGAAP accounting rules, all the DCA(s) in question regard those accounts are now also at zero balance. This is the understanding of both Pinky & all/any DCA(s) in question.

 

-Pinky, Is this you?


[sIGPIC][/sIGPIC]....Please don't bother my master 'cos my sister & I might bite you...

 

I DO NOT offer legal advice

-

"I just say what I say because everyone is entitled to my opinion!"

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Hi Guys,

 

Nice brew Charlie!

 

I suppose I will have to put my neck in the noose. It is a while ago now but we were struggling to make full monthly payments on our Barclaycards. However we were making full payments just about, albeit a bit late at times. A subsequent schedule of payments showed that we were never more than 2 days late in getting the payment into the bank over the counter in cash.

 

Then suddenly after making a full payment 24 hours previously into the bank itself over the counter in cash we were hit with the Indian callcentres. Very rude very abusive, very aggressive. This went on for three days approximately every twenty minutes between the hours of 8 in the morning and 9 at night. In total nearly a hundred calls and some of these were multiples like having to put the phone down they would ring back immediately and have another go. I have pulled the phone plug out of the wall on one occasion. We have never been let of the hook since. This also occurrred straight after we had , in the interests of reasonableness, talked to a BC "Customer Relationship Manager" explaining that things would be like this for a while as I had just been diagnosed with a life threatening long term illness and subsequently backed up in writing and acknowledged by them.

 

This was probably the worst, and I do not know how we got though it. Then I read about the EU directives on data processing outside the geographic boundaries without your specific permission. In the mean while we are being attacked on all fronts by several offices of BC themselves, and in particular a very nasty bunch purporting to be in South Africa as and I quote " Barclays Bank have just been allowed to open up again over here so don't try the data processing thingy like all the other won't pay debtors."

 

I knew we then had to look at some form of legal solution and hence the CCA1974 came to light along with all the cold calling (and highly suspicious too good to be true) CMCs. Hence getting the whole thing into dispute. Just about the same time it came to light that the Indian callcentres were flogging all yours and my data on to the organised crime syndicates. Hence from then on it seemed all the hassle emanated from these shores.

 

I've already explained where we are and the involvement of the legal boys and girls. The hassle and aggro are on the increase again and at this moment accounts are with Mercers, Calders, Power2Contact, Resolvecall (another dormant outfit belonging to Scotcall) and Scotcall themselves, more dcas than accounts. The tactic they are trying to exploit now is to wrongfoot us by swapping mine and my OH's accounts around these various outfits and get us to make a mistake by confusion. Oh the start of the call will be friendly and courteous asking for us by Christian name then they will try to turn up the heat. Solicitors advice is to just put the phone down and ignore it logging tha call time and date and any identification you can get (like Moira Stuart ho ho). Or change the number and go ex directory, not an option for us. We are to ignore any correspondence from any of them unless it is the actual issue of proceedings. Doorstep visit threats to be ignored and we have papers here on their headed notepaper should any unfortunate actually arrive which reads the riot act in no uncertain terms. Much the same as CAG template but with additions about Appointed Representatives and the OFT guidelines etc with all the draconian consequences listed. All correspondence including envelopes to be dated on receipt and kept for future use in any court action they might wish to bring.

 

We have been through the being courteous to them and telling them to correspond only in writing via our legal reps. We are now on the rude abusive route not giving them a chance to speak once they have identified themselves. We have it down to about 3 or 4 times a day now with a letter of some kind once a week. As I previously posted, this week we have just logged the 500th call from Mercers/Calders. Who according to Companies House when we made complaint there are under investigation for illegal trading whilst dormant. As they are part of a financial institution they are require to file full audited accounts (Companies Act 2006 section enacted October 2008). Failure means that their directors have committed a criminal offence. Bu t the frequence and awkwardness is beginning to rise again particularly at the beginning of any month.

 

I don't feel that where we are and what we are doing is entirely satisfactory but as they have ignored the CAG type letters from us, formal "desist and stop or else" letters from our solicitors and injunctions, what else is there to be done. I do wish I had been able to record it but in one conversation with a really stroppy woman at Mercers I was told that they could do as they pleased, they were Barclays Bank and had the full backing of the Supreme Court and Parliament if they wished to break the law so I had better do as they said or else they would take us apart. Dynamite and I missed it. It is now just hearsay.

 

There you go guys discuss at will. I have started it off.

 

oilyrag:)

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Hi OR.

 

You mention solicitors and CMCs. Are the CMCs still acting for you now or have they dropped (sincerest apologies if you've mentioned this elsewhere).

 

Roughly how far are you into this now in time terms?

 

Do you no longer pay them anything.

 

Sorry for all the questions :). I must say, I found BC to be the worst of the worst and ended up agreeing a payment plan with them out of sheer frustration. They tried every trick, were totally horrible, very agressive - they even raided my bank account then sent me a letter straight afterwards telling me they were considering doing just that. Needless to say, the first I knew of it was when I opened the letter - too late.

 

M


________________________________________________________________

ALL unsolicited PMs and E-mails should be posted up - Not all on CAG are who they appear to be

 

 

My views are my own. If in doubt, seek professional advice. If I can help though, I will. CAG helped me!!

 

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Hi MandM

just pushed the wrong button again and lost the post. However it all happened in earnest about three years ago. We have never used a CMC, it was all a bit too good to be true and too smug.

 

I had planned to be doing it all myself and we had reached the stalemate point really when I had the direst of health warnings, i.e. get rid of the stress or die probably tomorrow with the heart thing. At that point I luckily found CAG but I had to decide to use a solicitor. and after much heart searching I asked for help from a practice that I had searched out. I drew up my own crieria and ground rules. I must have looked at many tens of sites, made a short list and started phoning. It is still a rocky unpleasant road.

 

Point we are at We pay nothing and they won't go to court. We are now in the position of BC being told some weeks ago by the sols "Go to court if you dare we have no proposals to make" We are told in writing that we will be defended with all vigour whatever it takes at no further cost to ourselves. Costs were in fact with disbursements less than the total one months card payments. It is a bit of a comfort to know that you have some back up like this when you are dealing with the hassle.

 

I think they played every trick in the book, including stripping our company account which was deliberately kept in OD for just this reason. Thsi really shot them in the foot.

 

The status quo remains at stalemate, we don't pay anything and they wont go to court.

 

oilyrag:)

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