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    • should have come here first really. What you requested was a load of irrelevant twaddle. What was the original debt? Have you moved since taking it out? If TM Legal are chasing, that should means that Perch own it now? Did you get the letter of claim by email or post? You should kill the emails immediately.   
    • sorry I have been confused by Statute Barred meaning. I thought with Statute Barred the debt cannot be chased 6 years after you have stopped paying.  Originally I set up a payment arrangement with all the companies around 2008 when things went horribly wrong. At that time the payment arrangement was with the original creditors.  I still have one of the original creditors who I pay each month (Cap1). I thought that if you make a payment arrangement you have to stick to that situation throughout. Also, MDR (Moorcroft) have been taking a monthly payment on behalf of M & S Bank for about 5 years. When I sent MDR a CCA request I got a copy of the original agreement sent to me directly by M & S Bank about 5 weeks after my CCA request. Sorry for my ignorance but would you suggest I stop paying all including Cap1 who are the original creditor? TIA
    • London1971 without divulging too much into his mental health he has issues regarding anything to do with government and so is it ok to fill the forms provided and what do I put on there  thanks  
    • Dear all, I am hoping for some advice/guidance on this matter. I received a LoC dated 12/04/24 and replied to this on the 2/05/24 disputing claim with the following reasons: 1: [Inadequate Affordability Assessment]: I contend that your institution failed to conduct a thorough assessment of my financial circumstances prior to approving the loan. As a result, the loan amount and repayment terms were not suitable for my income and financial situation. 2: [Unsustainable Repayments]: The repayment schedule imposed by the loan agreement placed an undue burden on my finances, making it impossible for me to meet my other financial obligations without experiencing significant hardship. 3: [Lack of Transparency]: Your institution did not adequately disclose the risks associated with the loan, including any potential increases in interest rates or fees over the loan term. I also added the following: Under the Consumer Credit Act 1974 and the Financial Conduct Authority (FCA) regulations, lenders have a legal obligation to conduct thorough affordability assessments and ensure that loan agreements are suitable for borrowers' circumstances. I hereby request that your institution: 1: Conduct a full investigation into my claim of irresponsible lending. 2: Provide me with copies of all documentation related to the loan application and approval process, including affordability assessments, credit checks, and correspondence. 3: Cease all collection activities related to the loan until this matter is resolved. Yesterday i received the attached reply via email and it included: 1: The Original Loan agreement 2: An account statement 3: A copy of a default notice letter. The email included a link for a direct debit set up page where you enter their reference and your bank account details (looks like a standard D/D set up page) but there is nothing to indicate the amount of the D/D that I might be agreeing to. I also think two days response time is not long enough to appropriately reply. Any thoughts appreciated   Email-compressed.pdf
    • Easy to set one up on Gov.uk , search on Google.
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Turning the tables on DCA Bullies


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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!!!

 

Yes, I would say so. You might find the following interesting in respect of Lowells :)

http://www.consumeractiongroup.co.uk/forum/showthread.php?273826-Lowell-guilty-of-harassment

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1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

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5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank 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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Guest Cartaphilus
Re: Turning the tables on DCA Bullies

 

Dunno about the thread, hadn't seen it for ages until now but with relevence to the title here's my answer:

 

Extinction Event

 

With roses and flowers. Can't be more plainer than that when it comes to this industry. What they have taken from people. Destroyed, even.

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I want to start an N1 claim against a DCA for overdue sum.

Has anyone any experience and would be willing to guide me. Thank you.

 

Is this thread just hot air or has anybody got somewhere with this?

 

No Jameson, it isnt just hot air :)

 

3 claims were issued and won.

 

Two was where the DCA paid the money claim and costs prior to the court hearing, which was then discontinued

.

One was where the DCA didnt respond to the claim and there was a judgement by default. The DCA did in fact attempt to have the judgment set aside, but was unsuccessful.

 

A further claim was issued against another DCA however in this instance the judgement went in favour of the DCA. Whilst I have sent a message to Q to give you more information, the Judge implied that had it been the Original Creditor the claim had been issued against, then Q would have won his case.

 

HTH

Have we helped you ...?         Please Donate button to the Consumer Action Group

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank 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.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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Is this thread just hot air or has anybody got somewhere with this?

 

Yes - me !!!!

 

 

Right – for starters it is not ‘hot air’.

 

It would be a big mistake to think that.

 

I have threatened several DCAs with admin changes, got so far as to issue them with the NI and several have paid up before it went to court. One gave in to 4 admin charges rather than risk a hearing.

 

I have also taken a bank to court for the same. Now they were very slow and seemed to think it was a huge joke, so when they failed to get the relevant paperwork into court on time the judged ruled, to their horror, in MY favour and I got the claim amount plus costs.

 

The bank were NOT happy bunnies and their solicitor was so upset that he went back into court to plead with the beck after the hearing and was virtually chucked out on his ear. Poor little mite.

 

I lost one but then again I am not so sure it I really did lose it.

 

My claim was dismissed yet the bank had asked for over a grand in costs – they only got less than a hundred so in effect they lost a great deal and I stood my ground.

However something very good came out of this one.

 

The judge kindly advised me that in future I would do better to seek not admin fees but ‘compensation’ costing for the sharks intimidating me.

Get the evidence that there is a valid dispute and that the bank/DCA is breaching the CCA/OFT guidelines on collection activity and then bang in a claim for harassment compensation.

 

The judge was all for this so I want to take this exciting issue further soon as possible.

 

All in all I am hundreds of pounds UP on the admin situation as most sharks DO NOT want to risk a court job and would rather pay up.

 

However my advice now would be to have a crack at the comp for harassment claim as advised by the amicable judge.

 

The more account you have in dispute the better for its only a question of time before one of the sharks makes a mistake and hands you a gift horse of harassment that breaches the OFT regs.

 

Learn to turn it all into your favour.

 

Go get ‘em!

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Great news Q, well done!

 

I did not get that far, however, I responded to Capquest saying if I received any further inane drivel from them I would hit them with an admin fee. This was a few months ago and nothing so far. If it happens again (it will I'm sure) I'll certainly consider the compensation route.

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Yes - the Compensation method is best perhaps as recommended by my friendly judge....

 

Admins or comp - all very similar BUT best to play the way the system is arranged for max effect....so long as it creates havoc in shark land that is all that matters.

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Hi Questioner, how were your debts in dispute? Were the creditors able to provide any paperwork and if so, of what standard?

 

Regards.

 

Fred

Before you criticise another man you should first walk a mile in his shoes. Then, when you criticise him, you'll be a mile away and he won't have any shoes on.

 

Don't get me confused with somebody knowledgeable by all those green blobs. I got most of them by making people laugh.

 

I am not European, I am English.

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Hi Fred

 

Sorry for delay - have been doing a spot of shark fishing...lol

 

 

 

Well that is a tall order as we have a fair few debts with HBoS, Barclays, Capital One, Citi, HFC, and associated sharks.

 

99% ARE DISPUTED DUE TO THE FOLLOWING.

 

Multiple mis selling of Payment Protection Insurance Policies

Breaches of Office of Fair Trading Debt Collection Guidelines

Harassment by 3rd Party Agencies instructed by HBOS

Breaches of Data Protection Act 1998

Breaches of Consumer Credit Act 1974

 

 

In a nutshell all token payments were halted around the summer of 2009, following delivery old crappity agreements, which were largely just semi-illegible application forms or agreements that did not hold all prescribed terms. You can search out some of my scans re the poor quality of paperwork on my other threads.

 

Threats to take me to court have been gladly accepted with open arms yet the ****** banks involved have preferred to intimidate with DCAs.

 

Naughty DCAs have been charged admin fees on several occasions although some have wandered off rather fast after seeing that I meant business.

 

The only one that beat me in court in fact lost out greatly. Their cocky legal eagle was sent hundreds of miles to our local court. He claimed over a grand in expenses but the judge 'only' gave the poor little bald chap 90 quid (NOT a happy bunnie)...this ensured that they lost a great deal and I had a nice day's sport for my 90 quid...plus some good advice off the beak of how to get them better next time, re banging in a claim related to NOT admin fees but compensation for harassment after CCA breaches etc. All well worth the day's fun..lol

 

The telephone intimidation is now all gone forever as my little Truecall pal tells them where to go, ensuring that I have a nice log of their calls without me even knowing that they have called. Any consumer who does NOT own a Truecall is clearly insane – go get one and your life will change more than you know.

 

Almost all accounts have PPI attached, which was unsuitable so that has ensured ongoing complaints to OFT, FOS and all other authorities.

 

In many cases banks appear now to owe me more than they say I owe them and this is especially so when the contractual interest is applied to my sheets.

 

Once they see your PPI schedules they clearly start to chew their nasty finger nails to the bone and rethink their unlawful harassment tactics. The more DCAs you can kill off from the bank the more entertaining it gets when you write back to the bank (plus the authorities) to inform them of their latest FAILURE...

 

I note here the Capone has now closed one account I had with them even though there was a balance of alleged hundreds of pounds left...another account I have with them holds a great deal of PPI which potentially kills that particular balance.

 

Do please make sure you tell the authorities when these monsters hassle you as it all gets logged and helps towards them LOSING THEIR CREDIT LICENCE.

 

I know that much of the alleged help (don't laugh too hard) that FOS etc claim to offer you is bank – orientated so I have no delusions about them. Nevertheless - go through the official motions and use whatever weapon you can in the battle.

 

Once a solid attitude is formed in one’s mind the whole issue changes drastically.

 

Banks and DCAs feed off fear so remove that fear and they are toothless cowards.

 

Their biggest threat is to take you to court so if you are sure of your case then politely say – “OK suckers; here I am what you waiting for?”

 

They are the bad guys who have been ripping us off with massive interest rates, charges and PPI etc so we have the moral high ground here and let no one claim otherwise.

 

Their PATHETIC agreements were hashed together improperly in a huge bid to make them billions and they are reaping what they sowed.

I for one am not going to take it!

 

Strike back hard!

 

And in my case even if I ever had to pay anything back they would only get a quid per month and they know it...ho ho ...

 

Anyway – keep it real and stay logically on top – the enemy can only win if you let them...

 

I am discovering at as the 6-year war progresses they are making more and more mistakes. I even had a terminally silly cow from a Scottish bank tell me that she had no records of any dispute with me. How odd when I have a shed full of recorded letters since 2009 plus ongoing complaints to authorities...they really are plonkers at times... great sport though..lol

 

The banks have messed this country up so badly with their maladministration therefore it’s up to us dudes to hit back and expose their failings.

 

MOST OF ALL TELL EVERYONE ABOUT CAG!

 

Hope this helps.

 

Now what sport with the postie bring today....

 

:-D

 

 

Q

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Hi there

All in good but what is happening more and more is that the OC gets a CCJ AND a CHARGING ORDER at the same time -- not sure of the exact legality of this but it seems to be the latest tactic even though the effectiveness of Charging Orders isn't that great in the OC getting paid. A Court won't order a forced sale of a property for a fairly small amount of originally UNSECURED DEBT (in relation to the value of the property).

 

In any case if there is negative equity a Charging Order is all but useless -- but if the Original Creditor is dealing with debt rather than a DCA we might actually be WORSE OFF.

 

One way or another its US who will get screwed NOT the Banks etc.

The whole Debt collection industry is such a VILE ROTTEN STINKING piece of dogpoo you will find they will ALWAYS find newer and nastier ways of harrassing people who may for reasons totally out of their control have got into debt.

 

Cheers

jim

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you will find they will ALWAYS find newer and nastier ways of harrassing people who may for reasons totally out of their control have got into debt.

 

Jimbo – chin up mate.

You have gotta get a new attitude it you wish to be effective in this war.

 

Yes – they are terrible we all know this, but ‘you’ can use it all to your advantage.

 

I have happily seen off, Apex, Credit Solutions, Wescot, Moorcroft, Iqor, 1st Credit Reliable Collections, Robinson Way, Mercers, Cap quest, Calder, Blair Oliver ....blar blar .. and many more forms of various pond life and several have in fact made me considerably richer, thanks to their intimidation tactics...leading to me issuing claims against them.

There are others but at this moment I have forget their names ..lol

 

The ones that were the most horrible, and most intimidating, were the ones easiest to sue or at least get rid of.

 

Tingy – you have made the first step towards the light my friend with your new toy...halleluiah.. lol

 

TC is cheap at double the price..

 

Save all the logs of calls dates etc and use it against them. ICO may be interested in it too.

 

TRUECALL NAMED PRODUCT OF THE YEAR

 

We’re delighted to have received another award for trueCall at the government backed ‘Growing Business Awards’.

 

 

This joins many other awards in our trophy cabinet:

 

- Startups 100 Award – Britain’s top 100 Startup businesses

- South London Business award for Innovation

- Computer Shopper Ultimate Award

- ‘Gadget of the week’ – The Independent

- ‘Gadget of the week’ – The Sunday Times

- Startups ‘Product of the Year’

 

 

The formal press statement says -

 

The achievements of Britain’s small and medium sized companies (SMEs) were celebrated at an awards ceremony in London this evening (25 November), with Mark Prisk MP, Minister of State for Business and Enterprise, praising their contribution the UK's economic growth agenda.

 

The Growing Business Awards, hosted by the CBI and Real Business, honoured 11 companies and individuals who judges felt had made the biggest contribution to entrepreneurial business success in the last year.

 

trueCall, the plug-in nuisance phone call blocking technology, designed by Steve Smith and John Price won the new product of the year award. The device acts as a telephone 'spam filter' and has been praised for its role in relieving distress over unwanted calls.

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Questioner, a question please.

 

Must the account have been in dispute at the time of the OFT breech?

 

Only I have evidence of a clear breech and the DCA has admitted as much, however the account is not in dispute at present (but will be soon)

 

ty

 

MC

The villany you teach me, I will execute, and it shall go hard but I will better the instruction.

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I'm so glad there seems to be lots of action again with this thread.

Thank you again questioner!

 

Just been threatened about the reminder letter I sent the DCA AFTER they again sent chasing threat letters.

 

"I confirm we will not be making any payment for administrative invoices raised. Not now or in the future. Please be assured should you continue with your action regarding court proceedings please understand we would mount a vigorous and robust defence and upon judgement being made would request costs for any action brought by yourself."

Seems like I have really upset them. So after what you have said, do you think I sould send them an updated invoice, titled "Harassment Compensation"?

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Hi Jimbo,

Please note that the OFT finally has woken up and allegedly imposed restrictions on certain outfits like Welcome and Amex for excessive use of charging orders for "small" amounts. It would follow that others may just be a little more cautious in future.

 

regards

oilyrag

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