Turning the tables on DCA Bullies

[questioner]

Good stuff folks - it is essential to keep the pressure up and I am glad that others are seeing some well-deserved success.

 

The sharks have twisted the law and had it their own way for far to long.

 

Q

[Jameson78]

Moorcrap just replied and by doing so, accepted my terms and conditions that other than a summons, I will charge £35.00 per reply...

 

So now for my reply.. and enlcose a template invoice for £35.00 and 14 days to pay up... do I write my bank details on the invoice or request a cheque as payment to my home address?

[Pinky69]

I take it giving them your bank details was a joke? A cheque will do nicely!

[pompeyfaith]

blimey do not give out bank details to anyone a chq is good

[citizenB]

moorcroft just replied and by doing so, accepted my terms and conditions that other than a summons, I will charge £35.00 per reply...

 

So now for my reply.. and enlcose a template invoice for £35.00 and 14 days to pay up... do I write my bank details on the invoice or request a cheque as payment to my home address?

 

Can I suggest you do not head anything that says "INVOICE"

 

You should make it quite clear that this is a charge for administration

 

 

lol, a cheque will do very nicely.

[Jameson78]

alrighty

 

How many of us have sent "charge for admin" letters out? Where are we all with this in terms of responses?

[pompeyfaith]

i sent a warning letter to brian carters stating that any further letters recieved will result in me charging them for my costly responce not had any letters since

 

Also sent one to moorcroft yesterday

[Jameson78]

moorcrap typed and ready for post office on monday

[citizenB]

A friend of mine has had results with Moorcroft, Robinson Way and Wescot is waiting in the wings.

[beachcomber60]

Subbing to this with great interest

 

Haven't seen stinky link mentioned yet, with what they just sent me perhaps I'll be the first

 

Agreement unenforceable & impropely executed & in serious dispute with the OC.

 

Will update my thread later, suffice to say I am really pi**ed off.

 

Well done to the OP for an excellent thread.

 

Beachy

[citizenB]

Beachcomber, let me have a link to your slinkystink thread please.

[lickthewallfatboy]

I got rid of worst crud this way,and they tried to hassle by proxy by setting their pet poodles in Muck Hall after the same "debts"

 

they got even shorter shrift!! LOL

[beachcomber60]

Beachcomber, let me have a link to your slinkystink thread please.

 

 

Thanks CB,

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/209349-woodchester-now-santander-3.html#post3026196

 

Posts #49 & #50 are ref: Link

[questioner]

I recently has a good win in court, regarding an admin fee, against a pesky in-house agent of a bank and I want to start a new thread about taking this successful judgment further

 

More soon...

 

[citizenB]

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/267256-how-can-i-use.html#post3027459

 

Questioner's link

[questioner]

Thanks CB - you beat me to the punch...lol

 

 

Q x

[Jameson78]

Update: moorcroft replied... One letter too late as this should have been sent after I wrote to them and put them on notice.

 

"...Please be assured that we have tried to assist you in resolving this matter and as such our records show that we have provided you with our client's response. However, as you have confirmed that you still believe the account remains in dispute, it would suggest that a conflict of opinion remains between your perception of the account and the views expressed by our client. Whereas I would ask you to accept my assurance we have been acting in good faith on the intruction of our client, it is clear that there is an impasse here with regard to the account. I believe therefore the most sensible course of action would be for the company to return the account to our client and to cease any further activity with regard to it. I would stress that any further decsiions or action would lie with our client.

 

I must also advise you that we have no intention of discharging your invoice as in our view, by law, we do not have a contractual or any other relationship with you that could give rise to an iobligation on us to meet your administration or other fees in this situation."

 

in their view... haha.. well I made it very clear in my letter that othe rthan a summons.... i could just leave it but I am so tempted to take these monkeys on and see what happens.

[pompeyfaith]

I like this bit:

 

*I must also advise you that we have no intention of discharging your invoice as in our view, by law, we do not have a contractual or any other relationship with you that could give rise to an iobligation on us to meet your administration or other fees in this situation*."

 

The same could be said as you do not have any relationship with them and remember it was they that started it.

[questioner]

Whilst being careful - my attitude is take them on and make them sweat.

 

I think you will find the a judge will not wish to be pestered by a belligerent DCA who is frantically disputing your small admin fee as their nonsense is disproportionate to costs - regardless of that they bleat about "contract law"...

[Drederick Tatum]

Subbing...

[Drederick Tatum]

Account No: 1234 1234 1234 1234

 

I write with reference to the above numbered account. I would like to point out that this account is formally in dispute with Capital One and has been since they failed to acknowledge my Consumer Credit Agreement (CCA) Request, in line with s.77-s.79 of the Consumer Credit Act 1974 (CCA1974).

 

As you are no doubt aware, your continual harassment not only breaches the Consumer Credit Act (1974), but also the Data Protection Act (1998), the Consumer Protection From Unfair Trading Regulations (2008) and the Office Of Fair Trading's Debt Collection Guidelines. Being that the Original Creditor is now in default of my CCA Request and OFT Debt Collection Guidelines, I consider this account to be in serious dispute, especially due to the fact that whilst my CCA Request remains in default (outstanding), enforcement action is not permitted in line with s.127(3) of the CCA1974.

 

Consequently, any legal action you pursue will not only be fully and vigorously defended, it will also be averred as both unlawful and vexatious. As such I respectfully suggest that this account is returned to the original creditor for immediate resolution prior to my seeking legal advice; due to the fact you cannot lawfully pursue any enforcement activities as the account was already in dispute at the time you became involved.

 

If Capital One has chosen not to advise you of a dispute then that is between you and them. The OFT advise in their guidelines that you should ensure that there is no dispute before embarking on your collection activities.

 

I accept that this matter has now reached an impasse with both parties apparently having equally strong views about the merits or otherwise of the case.

 

Therefore, other than a summons, or your appropriate response to this complaint indicating the immediate closure, if you contact me again on this matter then I will invoice you £35 administration fee for my time-consuming response.

 

Should you fall outside of my fourteen day terms of settlement of such an invoice then I will seek remedy in the small claims court against you, without further notice.

 

Yours faithfully

[Jameson78]

Drederick that's great. I personally would take out the word "respectfully". No need to respectfully suggest... just suggest.

[questioner]

Should you fall outside of my fourteen day terms of settlement of such an invoice then I will seek remedy in the small claims court against you, without further notice.

 

Yes - play it nice and polite and be prepared for either a letter saying you have no right to furnish them with an admin fee or alternatively a letter advising they are sending the file back to source, which is good news...

 

To the former claim, and if they persist in their harassment, you have the option of issuing your admin fee then ultimately the N1.

 

To the latter DCA advice - celebrate that you have defeated yet another lowlife DCA that has run away with its tail between its legs.

 

When the next form of pond life comes sniffing make sure you advise them that the last slime-ball DCA dropped the case and sent it back to mommy.

 

Eventually you will create a very handy record of unsuccessful sharks that have come sniffing and been scared away.

 

And do always make sure you forward all your victory attacks to OFT etc, so as they know that the ****** companies concerned are breaching their debt collection guidelines.

 

Together we can get many shut down via their licences being rightly removed!

 

DCAs are of course the **** of all human society, as many realise who have been affected by their illegal activities. They prey on the weak and helpless and create misery and doom for thousands of families. Their smiling internet advertisements mislead millions who do not know what lies beneath the glossy image.

 

I believe it is now our duty to take the fight to these despicable monsters in any way we can.

[wilko1]

Has anyone else got any admin charge successes to entertain us with?

[impecunious]

Has anyone else got any admin charge successes to entertain us with?

 

I advised Lowells last week that I would charging them an admin fee of £25 for every future letter I had to respond to. This was after literally months and months of playing letter ping-pong with Fredrickson's, B. Carter, Red, Lowells Financial and Lowells Portfolio 1 over an alleged debt from Vodafone.

 

I was advised in writing that they would never accept my proposal now or in the future!! However, they also advised that they had contacted their client and were taking a commercial decision NOT to proceed with the matter. I'd call that a result!! (Unless of course they sell it onto another unsuspecting bottom-feeder!)

 

 

Impecunious!!!