Turning the tables on DCA Bullies

[AnnoyedByDCAs]

Hi,

 

Is it strictly neccessary to have a genuine and unresolved complaint in with the Original Creditor? I have a number of statute barred debts I've been ignoring for quite some time and I'm starting to get really bored with the threats of doorstep visits and court appearances they quite obviously have no intention of following through on.

 

I'd be interested in attempting this approach to see if it makes them go away and potentially hit them in the wallet if they don't.

[Tingy]

I would have thought if you are using your preciious time to respond to these people you are quite at liberty to charge for it. For the sake of a stamp, I'd take the attitude nothing ventured, nothing gained.

 

They can't unstatute bar the debt, so you're safe on that front as long as you are 100% certain these debts are SB.

 

Good luck and keep us informed.

[citizenB]

Hi,

 

Is it strictly neccessary to have a genuine and unresolved complaint in with the Original Creditor? I have a number of statute barred debts I've been ignoring for quite some time and I'm starting to get really bored with the threats of doorstep visits and court appearances they quite obviously have no intention of following through on.

 

I'd be interested in attempting this approach to see if it makes them go away and potentially hit them in the wallet if they don't.

 

There is a letter in the library that should see off any creditor chasing a Statute Barred account. You can also report them to the OFT as this is strictly against their guidelines.

 

Do make absolutely certain the accounts are statue barred before going further though..

 

I would not advise making any move to take the pursuer to court .. it is much easier to defend as the burden of proof is for them to provide.

[Tingy]

I've just written a letter plus invoice for £135.00 to Westcot. £35 for letter and £100 compensation (optional for them to pay or they can argue their case in court). I did point out that the last company that argued in court ended up paying £750.00 compensation for something very similar so it will be really interesting to see the result of this. I've given them 14 days, and will post Special Delivery on Monday morning. Watch this space!

[cecilrhode]

this is interesting.

I have a credit card account with unenforceable agreement bought by Experto Credite. I made them an offer but they refused, wanting the whole amount. They write to me and put their words on HL legal stationery threatening me. I've already said there is no point in correspondence and they should issue court papers. still they write.

 

is this a suitable candidate to charge them compensation for admin? my thoughts are that as it is the debt owner rather than a dca they may contest it and the hearing will effectively rule the agreement enforceable or not. Or do I misunderstand the methodology?

[Tingy]

I just invoiced Kensington for a load of errors. I got £750 off them, £200 of which was admin fees and they paid. That was with the OC!

[bazaar]

I think someone drew up a contract and sent it to a dca, cant remember the thread or who posted it, but it was funny

[tamarindo]

Well well well.......

 

Just reading this thread make us remember how much ground the debt collectors have lost!!!

Yes of course they are making less money due to compliance and it is hurting them!!

 

please read this article from the Credit today which say "Debt purchase firm 1st Credit reduced its losses by over £50m last year and is preparing to purchase portfolios again following a major re-alignment of its finances."

 

link: "http://www.credittoday.co.uk/news/news-item.cfm?news=2240

 

The last paragraphs say it all

 

"Eddie Nott, acting chief executive of 1st Credit, said: "We have redesigned the business; it is much more segmented and nimble, a lot more compliant."

 

Nott added that the company will become more involved in industry compliance efforts than it has been in the past. "Treating Customers Fairly is now a given for our industry," he said. "We can think about the future more now and need to take an active role."

 

So is it why they are making losses?? oh dear!!!! £17.9m for 2010 !!! Total net liabilities fell to £28.7m at the end of December 2010 from £79.6m the previous year

 

Any comments?

[OnMyWayOut]

"Eddie Nott, acting chief executive of 1st Credit, said: "We have redesigned the business; it is much more segmented and nimble, a lot more compliant."

Why only "a lot more compliant"? Why not "fully compliant" then?

[cecilrhode]

"Treating Customers Fairly is now a given for our industry" Really? Who's first in line to be treated fairly then?

[cerberusalert]

"Treating Customers Fairly is now a given for our industry"

Please enter the word 'Disgracefully' in the place of your choice.

[OnMyWayOut]

And why are debtors their 'customers'? I've never bought anything off any of these sharks and I wouldn't have chosen to deal with them either!

[cecilrhode]

And why are debtors their 'customers'? I've never bought anything off any of these sharks and I wouldn't have chosen to deal with them either!

 

Thats the key to it. It all makes sense now. Their customers are the banks and lenders.......... they've just decided to treat THEM fairly. the rest of us can whistle.

[Happyhippy1959]

maybe some DCA will be chasing him for his company losses ???????? that's why he wants to be more compliant.

[rockwell304]

I've just written a letter plus invoice for £135.00 to Westcot. £35 for letter and £100 compensation (optional for them to pay or they can argue their case in court). I did point out that the last company that argued in court ended up paying £750.00 compensation for something very similar so it will be really interesting to see the result of this. I've given them 14 days, and will post Special Delivery on Monday morning. Watch this space!

 

Tingy, I am going to do exactly the same to Westcot regarding a Barclaycard problem. Also just received an idiotic letter from Credit Security Ltd acting for Westcot stating we demand you pay etc! all in big, bold letters. Also highlighted was County Court Judgement, debt collector calling at my property etc.

 

Questioner - I like your approach on this issue. I guess the only danger would be costs, although you appear to have had some fun for your £90!

[rockwell304]

Tingy, I am going to do exactly the same to Westcot regarding a Barclaycard problem. Also just received an idiotic letter from Credit Security Ltd acting for Westcot stating we demand you pay etc! all in big, bold letters. Also highlighted was County Court Judgement, debt collector calling at my property etc.

 

Questioner - I like your approach on this issue. I guess the only danger would be costs, although you appear to have had some fun for your £90!

 

I have just prepared a compensation claim for £105 (£35 x 3) and will send by registered post to the idiots at Credit Security Ltd on Saturday.

[questioner]

So long as one is confident that they have a good solid case against such DCAs then ok - go for it. But be advised that some WILL take it all the way. They may also win if they find a supportive judge. This can mean one will be landed with costs too.

 

In my experience it is now advisable to issue claims for compensation for breaches in the CCA that have created harassment for one, rather than blast into claims for admin charges levied against them. The former is a safer option...

 

Some DCAs 'will' still pay up on admin charges (I hit one with four £50.00 admin fees plus costs and they paid up after the NI arrived) rather than risk a court visit, but I reiterate that claiming against them for CCA breaches is more advisable. I got this from a judge too.

[rockwell304]

So long as one is confident that they have a good solid case against such DCAs then ok - go for it. But be advised that some WILL take it all the way. They may also win if they find a supportive judge. This can mean one will be landed with costs too.

 

In my experience it is now advisable to issue claims for compensation for breaches in the CCA that have created harassment for one, rather than blast into claims for admin charges levied against them. The former is a safer option...

 

Some DCAs 'will' still pay up on admin charges (I hit one with four £50.00 admin fees plus costs and they paid up after the NI arrived) rather than risk a court visit, but I reiterate that claiming against them for CCA breaches is more advisable. I got this from a judge too.

 

Excellent advice Q, I will be a little more cautious in future!

[questioner]

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

 

Sorry pal - only just clocked this comment.

 

A breach is a breach, regardless of it being in 'dispute' or otherwise I would think.

 

The **** break the regulations and we make them pay the price..this is the name of the game...!

 

I recently got to use FOS to good advantage against one DCA. At first the FOS backed the DCA, as I predicted they would. However, following further evidence that this shark had breached OFT regs the FOS informed me that the DCA wished to offer compensation, rather than let FOS take a chunk out of them via a costly investigation.

 

DCAs are cold-hearted cowards and will frequently pay up rather than risk either FOS intervention or court costs...

 

My advice is to NEVER GIVE UP and to remove all emotion from your mindset when dealing with DCAs. If you can do this you will become more likely to win.

 

Never stop recording ALL their moves and complain constantly to as many regulators as you can.

 

You will get set-backs that WILL wind you up terribly due to the injustice of the situation. You have to move forward and keep fighting and never surrender! Analyse everything good or bad that comes through your post box and USE IT!

 

If you can take successful action against a DCA then use this to attack the original creditor coward that set them on you. One complaint often leads to 3 others.. lol

 

I am currently pursuing three DCAs that have closed their files on me.

 

 

They think its all over - it aint..lol!!

 

Go get 'em guys!

 

[Tingy]

My problem is that I could probably do that for the admin charge I have sent and which they have not paid within the time limit. I have an N1 filled out ready to send. The compensation bit was due to an injury suffered from a mental illness I have that they had been repeatedly told about. How do I go about getting that?

[rockwell304]

For my amusement I have created some email addresses relevant to the DCA's pestering me.

For example, cslcretins@, moorcroftmorons@, capquestclowns@, westcotwasters@

 

I have already sent mails to Westcot and CSL with my concluding line as follows; Please take not of my email address, this accurately reflects my opinion of your company.

 

Lets see what the response is!

[Happyhippy1959]

Just go for it, I have invoice Muppetcroft today for my admin fee's. Very generous of the Hippy only charged them £10.00 but hey,, they seem to add on ridicoulus charges with no founded grounds so why can't we. They won't pay, so when my debt is finished it will be for what the original creditor demanded which I have in writing and have sent to muppetcroft on several occasions.

 

As from a previous posts, we are not clients of there's, I owe them jack, so go whistle.

 

Rockwell, that's great. They think with a couple of ( I will use Bazooka Boo's words) puerile pre-litigation letters we are all going to crumble and sell our body parts to pay them... NO WAY

 

As I have said on many occasions, I use to worry the hell out of myself until I found you guy's.... Now I can't wait for the idiots to poke there head over the parapet. Nearly two and half years of 18 accounts with 13 different creditors and all sorts of threats and guess what, Hippy still here in house and enjoying life, a bait, a little poorer but still have me heating and lighting and food. If those pond life had there way I would be in a tent half starved....

 

Now what about those bankers who lost billions are they having to pay it back,,??? bet your bottom dollar not.

Edited April 27, 2011 by Happyhippy1959

[Cait116]

You guys are brilliant! A few months ago I was scared witless because I defaulted on Payday Loans - tried paying them back monthly - had success with 3 but another 2 refuse to co-operate. They have passed my debts onto Mucky Hall and Castlebridge and guess what? I'm not frightened any more and can now sleep at night! I can't wait to have fun with these bar stewards! After reading the advice and support given here I am no longer frightened of these idiots. THANK YOU CAGGERS xxxxxxxxxxxxxxxxxxxxx

[Tingy]

An update. They didn't pay my invoice or pay compensation, but they have written today to say they've closed the account which is just as good!

[DonkeyB]

Set a DCA on them for the unpaid bills!