No CCA? Processing your data? Get them a huge fine.

[RoyalIrish]

So has anybody here threatened legal proceedings and got defaults removed. A guy from the states suggests a 3 throng approach rangig from polite requests to threatening litegation..

 

I want to clean up my file but admit it looks, well totally confusing. I do understand however that if a CCA is not produced then it seems unlawful for the DCA to be processing data..

 

I think we would all like to clean our files mate.

 

The problem is that the DCA's are '**** buddies' with the CRA's.

 

In my opinion, the only way to get DCA's to remove crap from your file that is unlawful and unjustified is to hit them in the pocket and get them into court, every week, week in and week out, if you can.

 

I am just about to launch a campaign to do just this.

 

According to the OFT, trying to collect a debt that is Stat Barred, unenforcable etc. is harrassment.

 

The DCA's use the credit scoring system to literally 'punish' you extremely for your non compliance.

 

If you get them into court for harrassment via whatever means (my preferred way is when they don't pay my invoices for the letters I will have to write them continiously asking them to remove unjustified entries) then they will have to show good reason why they are asking you for money when they are not legally entitled to.

 

In short, it's about time we got them 'legally' where we can show their tactics to a judge.

 

Scenario:

 

DCA has been asking you to pay a debt that is in dispute because of an unenforcable CCA.

 

The DCA insists it is enforcable (of course they will) and continues collection activity and ignores all your letter (of course they will).

 

Start sending constant letters to ask them to take you to court or to stop harrassing you and remove invalid credit entries, invoice them for every letter!

 

When they do not pay the invoices (which they won't) then issue an N1 county court summons plus costs etc.

 

Now, any DCA stupid enough to contest this summons will have to show good reason why they will not pay.

 

In other words, they have to justify why you don't deserve to invoice them and get paid for simply asking them to be nice and respect the law and stop harrassing you.

 

This will be my approach.

 

I am working on it at the moment and hope to start sending my first batch of requests to 'take me to court or stop and clean my file' letters this week.

 

If they don't pay the invoice for every letter I send then I will N1 them.

 

From this point it is up to them.

 

£35.00 for every letter and a £40.00 labour charge to write them seems the going rate.

 

Basically, they will either pay the money or have to go to court and show reason why they won't.

 

We will see who 'cracks' first.

[bustthematrix]

I think we would all like to clean our files mate.

 

The problem is that the DCA's are '**** buddies' with the CRA's.

 

If you get them into court for harrassment via whatever means (my preferred way is when they don't pay my invoices for the letters I will have to write them continiously asking them to remove unjustified entries) then they will have to show good reason why they are asking you for money when they are not legally entitled to.

 

Basically, they will either pay the money or have to go to court and show reason why they won't

RI

 

At the end of the day, when we ask CRAs to 'clean' our files, we're not asking the OC to expunge the debt at that point (though of course we'd like to! ). We're simply asserting our right NOT to have such details made publicly available - when it's accuracy cannot be verified. That's what this is really about.

 

But these mugs of course, know that those CRA records are about the ONLY thing they can do to punish one for non-payment etc in this current environment because there's absolutely nothing they can do to enforce the debt. Yet it's still wrong if they don't have a valid CCA.

 

Without a valid agreement that YOU actually signed, no creditor can ever fully verify the accuracy of their internal records and in turn the data they share with CRAs which is then made available to interested parties.

 

This is a fabulous strategy in my view m8 as you have a solid grasp of exactly the sort of pressure that's required to get our friends to comply.

 

The bottom line is prove the debt or go away and stop harassing me and trying to damage me!

[RoyalIrish]

Correct!

 

You are right, one thing to remember however, at the moment the cards are well and truly stacked in DCA's favour.

 

Very simple, 'ok!, you say I owe you money, let's see some valid proof and I will obey the law and pay you if I have to'.

 

'If, you think you have proof, (you seem to think that you do and have implied to me you do even though you cannot show me) then let's go to court and let the legal system sort this out'.

 

Do they do it, NO!

 

Why? simply because they know that they would be ****ed!, plain and simple!

 

'I know what we will do!, we will harrass this person and wreck his credit because he's a naughty boy and won't pay us!'

 

'Maybe he'll think he's in the wrong and pay us if we throw some crap at him'.

 

'Maybe he'll buckle under our continual bombardment of letters and threats and pay us just to go away'.

 

If we flouted the law and proper procedure as much as they do you can just imagine what would happen to us.

 

The OFT Guidelines are very clear on the definition of harrassment and yet it seems that they are not worth the paper they are printed on.

 

To be honest I am deeply disturbed by the whole thing.

 

I cannot understand how they get away with so much?

 

Processing personal data without consent is a CRIME which carries harsh penalties and yet when we tell them to stop processing our personal data we get reasons that are tuly amazing of why they can!

 

'We are allowed to because you signed a Consumer Credit Agreement' (when no agreement exists!).

 

'We are allowed to because we are obliged to under the CCA 1974' (which you never signed).

 

'We can because of the McGuffink case' (total rubbish).

 

I have heard some beauties!

 

Some of these b*****ds try to collect debt that has absolutely NO paperwork whatsoever, sometimes off the wrong person!

 

The mind boggles!

 

Surely the OFT can add a little note to their guidelines which states, 'before you can ask for a debt to be paid you must have the proper paperwork prepared'.

 

Including, proof that the person actually signed up to the agreement that the bloody DCA's are quoting at them and defaulting them for breaching!

 

I mean, **** sake, is this unreasonable?

 

To put it simply, we ALL need to get these b*****ds into a position where they have to justify their actions.

 

In my case I have a bit of debt that is stat barred, it was on my credit file for 6 years 2003-2009 and then it fell off, as it normally does.

 

Lowell, Hillesden, Cabot and CapQuest obviously bought the Stat Barred debt to try and pressure me into payment, tried to collect, were told to **** off and have re-entered it on my credit files, as a credit account/debt to them AND defaulted me all over again for non payment!

 

In theory, they could have me defaulted forever and my credit rating destroyed by using their vexatious credit reporting.

 

Where is the justice?

 

I paid my dues, I done my 6 years on 'pay as you go mobiles', 'mickey mouse' bank accounts etc.

 

Now I've got to do it all over again because of a group of REAL bottom feeders who are amazingly allowed to practice.

 

All PURELY done out of vindictiveness and done because they get away with it time and time and time again.

 

It is time to make these b*****ds pay for their deliberate indiscretions!

 

RI

Edited May 8, 2010 by RoyalIrish

[bustthematrix]

RI, now I see you! They're really out to rinse you!

 

Do your utmost to document and record everything as best you can.

 

The fact these people are coming after you for Statute barred debt is significant. The fact that a Debt Collector can mark your file when you do not have ANY agreement with them is significant commercial damage.

 

The key is to get their misdemeanors in writing and all properly evidenced. Show that you have given them plenty of time and opportunity to correct their actions. You have to do this in a cool, calm and lawful manner. Show the damage done to your file etc and the repeated opporunity you gave them to cure it.

 

It's bad enough if an OC chases an existing debt either directly or via a DCA. It's much worse, in my opinion because as you say, the debts are Statute barred and presumably, they have no lawful proof and or were incorrectly defaulted and terminated and or you had unlawful charges added in and or missold PPI (if relevant).

 

In other words you have major arguments on each case!!!

 

Do you have threads for each one perhaps? Each case has it's own story and requires specific detailed attention even where are similarities. Keep track of ALL the time and expense you are expending to address each matter.

 

I say much of the above because I suspect that like me, you are not an FOS man. If things end up in court, it will likely be bcos you initiated it, perhaps via your invoice strategy above. I doubt they'll ever take you to court due to burden of proof issues. This being the case, your list of breaches and damages should be well documented.

 

Yet you are right, they know all they can do is hassle you and make life difficult for you in whatever way except to enforce through Court. So the battle has to be taken to them in some manner and your invoice strategy is a good way to test this out without staking too much.

[whitedog33]

okay,RI, I hear you and I agree that the system is corrupt from top to bottom; In your case that's really unlawful and if any one has a case m8 it's you.

 

Don't know if this helps or not but b4 coming to this site i stumbled upon this US site and this is a link to our US counterparts idea's on Credit repair.

 

TRANSCRIPTS: PsychDoc's Credit Repair School - CreditBoards

 

 

hope these help.. look at the street fighting transcripts

[bustthematrix]

By the way RI, when you are the Claimant, it should improve your case if you can show evidence of efforts to seek resolution outside of court prior to taking court action.

 

As well as your regular template letters etc, Complaint letters or reports made to the likes of the OFT, FSA, FOS, Trading Standards and the ICO in this regard would be helpful, even if you know they won't do jack!

 

The fact that these 'regulatory' bodies have not/will not intervene to give you a just remedy does not mean a Court won't.

[RoyalIrish]

Cheers chaps!

 

When they first started harrassing me I knew they were Stat Barred but I thought that I would CCA them, just to see what the hell was going on.

 

NOT ONE of them has a Credit Agreement for these credit card accounts, there are 6.

 

I was made redundant from a £35k a year salary without warning in 2003.

 

I sold my house, used the equity and my redundancy STUPIDLY to pay off as much as I could at the time.

 

My son was diagnosed anaphylactic and my wife developed a disability BOTH at the same time, was a real bad period.

 

In short I couldn't work in the same capacity as my son needed 24hr supervision and my wife couldn't manage it.

 

I explained to my ORIGINAL creditors that this was the situation, I literally heard nothing from them since.

 

I have been on the electoral roll and NEVER deliberately sneaked away so they always knew where to get me.

 

I guess my original creditors saw me as a 'lost cause' and gave up because they knew I was broke and had no assets etc.

 

As I said, I was defaulted on them, by the original creditors since 2003.

 

7 years later, the debts which I thought were now a thing of the past have been revived with these heartless scumbags.

 

I'd love to know how on earth they got them?

 

When I finish my letters/invoices etc. I'll post them up for your opinion/guidance!

 

Nite!

 

RI

 

Nice link BTW!

Edited May 8, 2010 by RoyalIrish

[bustthematrix]

All the best RI!

[littlefatbudha]

Just a quick thought, i have defaults on my experian through a few creditors and dcas, and it states 8 for account history.

When you look on experians site, for what the number 8 means, it basically says that you defaulted and the account has been terminated.

I think the word "terminated" is important, as if the account has been terminated as stated on experian credit report, then why are they letting creditors and dca's update the file.

Terminated means there is no agreement in place and all rights of that agreement have now ended, including, the permission to process your data.

[whitedog33]

okay, anybody here able to explain the Equifax credit file, monthly status; SD32110000.....U ?? and an account that Starts 01/12/2005 and ends the same time as 'default.'?

Edited May 17, 2010 by whitedog33

[littlefatbudha]

Surely if an action was launched, about a single company, and there was enough people willing to give evidence and statements and to proceed within one case, then the court would surely have to listen, once one of this gits had been wounded,im sure things would change.

Im sure this would do cattles the world of good

[jdes26]

i wana ask a question..............

 

i entered into a horse ownership about 6 months ago somethimg happen which i care not to discuss and when i wanted out and wanted a share of my money back he said his terms and conditions said he is not required to pay me back.......

it was bhb british horse racing board document i signed.

 

anyway i asked for my money back 2nd of april and he " finally paid me" 26th of may . basically i sar him for the agreement which he never sent!!!!! and he still owes me £100 and i still want the agreement as out of curiousity i wana see that agreement

 

its way gone 40days!!!!!!!!!! what do you people think

 

should i leave it ?

[f.in.debt]

Hi

 

I have a simular problem, tried to reckon with the moble company and the debt company, but pointless, I have got to the point where 3 mobile say there was no debt and the debt company says tough we gota debt?

 

So what next ICO or small claims? ICO seems a jolly and has no point

[The GodMother]

Hi

 

I have a simular problem, tried to reckon with the moble company and the debt company, but pointless, I have got to the point where 3 mobile say there was no debt and the debt company says tough we gota debt?

 

So what next ICO or small claims? ICO seems a jolly and has no point

 

Do u have in writing from 3 there is not a debt and if so have you sent a copy to the dca?

[f.in.debt]

No

 

I have sent to the DCA, but Three have requested them to remove the default!

 

I a have sent SAR to the DCA but not received a reply! So dont see any point writing to the DCA anymore.

 

I have now written to the IC and IFT. But how long will that take?

 

Thanks

[hatesdebt]

Any updates RI - how you getting on ?

[bigshoes...bigsocks]

subbing

[elrib]

I was on the uderstanding that if an agreement was made unenforceble, then the agreement would be void. ie no agreement.

 

I just had a letter from one bank that states.

 

The OFT have also issued a reminder that even if an agreement was to become unenforceable, customers will still owe any outstanding money to the lender, intrest and default charges can still be added to the loan and any failure to pay could affect thier credit record.

E.

[dadofholly]

subbing

[pussycat10]

Currently having issues with a DCA process my data and refusing to remove an account whilst they have no CCA. Has there been any developments with this ?

Are there any easy ways to move this forward rather than wait for the ICO to deal with a complaint ?

[rhino666]

It's up to us to have a try. Nothing ventured, nothing gained. Also well worth the cost of a stamp. If they get a few complaints about the same company they may act on it. You never know, they may be eager to try out their new powers.

 

EVERYONE complains about moorcroft and still nothing has been done.

[the-special-one]

Having the same problem with Robinson way and lowells. Two stat barred accounts now with lowells, no CCA's either, sent all letters but still trying to collect (havn't relisted defaults since they fell off file though thankfully). Robinson way have supplied written proof that there is no CCA but claim removing the default placed by them and not reporting each month would be a breach of OFT guidlines!