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Turning the tables on DCA Bullies


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Could any interested party have a gander at my attempt and PLEASE feel free to advise or amend accordingly.

 

I'm deadly serious about getting this approach underway!

 

Thanks all!

 

RI

 

PS To any DCA reading, you better make sure you are following the OFT Guidelines fellas, illegal processing of personal data now carries HUGE fines.

 

Enough to close your grubby little offices down it would seem!

 

VERY EASY to prove as well, no CCA = no processing of personal data

Edited by RoyalIrish
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RI

nice letter to the point be sure to post their reply as i will be interested to hear what they say PF

If I have been of help to you please feel free to click my scales to the left Thanks.:)

I have no legal training and the advice I offer is what I have learnt here and offered as a matter of support. Before you commit to any Legal action you are advised to contact a qualified legal practitioner.

 

Finally if you succeed with your claim please consider a donation to consumer action group as those donations keep this site alive.

 

CARTER V Co-Op

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I'm sorry, I couldn't get the letter to copy/paste correctly.

 

In answer to your question, no!

 

Both accounts are stat barred and were re-entered on my credit file by Cabot.

 

RI

 

You could if you wish remind Cabot of the Censure from the OFT in cases such as these. You will a copy of the censure in the first post of the following link.

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/195647-oft-imposes-s33a-requirements.html

 

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

 

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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Cabot Financial (Europe) Ltd,

PO Box 241,

West Malling,

Kent,

England.

ME19 4NA

 

4th May 2010

 

 

 

Dear ******,

 

 

 

I ACKNOWLEDGE NO DEBT TO YOUR COMPANY

 

Re: − Ref Number: *******

 

Account Number: ****************

 

You have been requested by me on numerous occasions to provide evidence as to my financial liability to Cabot Financial Europe Ltd.

 

I have been more than reasonable and I have given you enough time to substantiate your claims and to date you have provided absolutely nothing.

 

Under the Data Protection Act you have no permission to be processing my personal information regardless of what you might think.

 

This includes adding default markers to my credit file via the Credit Reference Agencies.

 

Cabot Financial (Europe) Ltd. have added 2 entries for 2 different alleged accounts on my credit report, both of which are unjustified and unlawful.

 

This can affect me financially and my ability to get credit, employment, renting or buying a house.

 

You have deliberately harassed me and caused me considerable distress.

 

I would remind you that this account is statute barred and for your information enclose a copy of the OFT censure of another DCA, MacKenzie Hall for your information.

 

Therefore, other than a summons, or your appropriate response to this complaint indicating the immediate closure and removal of any/all inappropriate entries on my credit report, if you contact me again on this matter then I will invoice you £35.00 administration fee for every letter for my time consuming response.

 

I will also be contacting the Information Commissioner regarding your illegal processing of my personal data and your unlawful and unjustified entries on my credit report.

 

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.

 

I look forward to your reply.

 

Yours faithfully

 

 

Print out the following and enclose with your letter - the original can be found in the link I provided earlier.

 

 

REQUIREMENTS IMPOSED BY THE OFFICE OF FAIR TRADING ('OFT')

PURSUANT TO SECTION 33A AND SECTION 33D(4) OF THE CONSUMER

CREDIT ACT 1974 ('the Act')

 

REQUIREMENTS RELATING TO:

 

MACKENZIE HALL LIMITED (Consumer Credit Licence Number

5444071, registered office address: 58 Portland Street, Kilmarnock,

East Ayrshire, KAI I JG

 

THE OFT REQUIRES AS FOLLOWS:

1. That as of 15 April 2009

1 .1 Mackenzie Hall Limited will not carry out debt collectionlink3.gif Activity where it has been informed, in writing, that there is reasonable cause to believe that the debt is in dispute.

1.2 Mackenzie Hall Limited will not carry out Debt Collection Activity where it has been informed, in writing, that the account is statute barredlink3.gif.

 

Debt Collection Activity is defined as:

a) sending debt collection letters;

b) making of debt collection calls;

c) the use of any other medium for the purpose of collecting an outstanding debt; or

d) the acceptance of payments offered against a debt.

 

A debt is considered as in dispute where:

a ) it has been reasonably demonstrated that the debt has been previously paid;

b) a request under section 77 or 78 of the Consumer Credit Act 1974 has not been complied with, and this prevents the agreement being enforced without the permission of the court;

c ) it is reasonably believed that the debt may have been incurred as a result of identity theftlink3.gif or fraud; or

d ) it is reasonably doubted that the person being pursued for the debt is the actual debtor.

 

For the avoidance of doubt, where only part of a debt is disputed Mackenzie Hall Limited may seek to recover any other part of the debt that is not disputed.

 

ANY FAILURE TO COMPLY WITH THE ABOVE REQUIREMENTS WILL RENDER MACKENZIE HALL LIMITED LIABLE TO FURTHER FORMAL ACTION BY THE OFT. THIS COULD INCLUDE THE IMPOSITION OF FINANCIAL PENALTIES PURSUANT TO SECTION 39A OF THE ACT AND/OR THE REVOCATION OF MACKENZIE HALL LIMITED'S CONSUMER CREDIT LICENCE PURSUANT TO SECTION 32 OF THE ACT.

 

Signed:

Ray Watson, Director, Consumer Credit Group

Authorised signatory on behalf of the OFT

 

I have added a paragraph to your letter, highlighted in blue. Print off the OFT censure and enclose it with your letter . With the relevant section highlighted as I have done.

 

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

 

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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this is my attempt, and will be sending this to Imapct today.

especially as i have had 2 calls from them today. aslo told them that i will be charging for my time.

 

I write with regards to the constant telephone calls I am receiving from your company, with regards to the alleged debt with Vanquis.

I have previously written to your company about this of which you failed to acknowledge.

The alleged debt with Vanquis is in dispute for failing to supply the signed credit agreement as requested on more than three occasions and even in a DSAR, therefore the ACCOUNT REMAINS IN DISPUTE.

With this, I therefore will not tolerate any further telephone calls or letters from Impact with regards to this account, therefore any further telephone calls or letters that take up my time in responding too will result in me charging Impact an administration fee for the time, This fee will be charged at £15 per telephone call and £35 per letter that I have to deal with.

Further to this any invoices that I send to Impact will also be charged for at the rate of £5 per invoice, all invoices will need to be paid within 14days, and failing to do so will result in a claim being issued.

To save yourselves incurring any charges from me at the rates specified above, I strongly urge Impact to cease calling or writing to me with regards to an alleged debt that is in dispute.

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Brilliant!

 

THANKS!

 

Just a quickie, does 'collection activity' as referred to in the censure include/emcompass credit reporting and/or default marking & imaginary account opening with the credit reference agencies?

 

Cheers!

 

This is what the Censure states as collection activity.

 

Debt Collection Activity is defined as:

a) sending debt collection letters;

b) making of debt collection calls;

c) the use of any other medium for the purpose of collecting an outstanding debt; or

d) the acceptance of payments offered against a debt.

 

I would imagine that point c) would cover your question as the reporting to credit reference agencies is a kind of pressure in order to make you pay.

 

As you will see from the beginning of the censure primarily this was to stop them bullying and pursuing statute barred debts.

 

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

 

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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I'm sorry, I couldn't get the letter to copy/paste correctly.

 

In answer to your question, no!

 

Both accounts are stat barred and were re-entered on my credit file by Cabot.

 

RI

 

Little tip here: post it into notepad first and it will remove all of the coding - then you can post into the forum.

 

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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A debt is considered as in dispute where:

a ) it has been reasonably demonstrated that the debt has been previously paid;

b) a request under section 77 or 78 of the Consumer Credit Act 1974 has not been complied with, and this prevents the agreement being enforced without the permission of the court;

c ) it is reasonably believed that the debt may have been incurred as a result of identity theftlink3.giflink3.gif or fraud; or

d ) it is reasonably doubted that the person being pursued for the debt is the actual debtor.

 

hi all, do you think there would be/is a 'dispute' where there is a non compliant dn?

IMO

:-):rant:

 

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hi all, do you think there would be/is a 'dispute' where there is a non compliant dn?

 

Ford, have you got a thread on this ? You may well find that accepting unlawful recission is another way to go if your Default notice is not valid. Has the account been terminated on the back of that DN ?.

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

 

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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Ford, have you got a thread on this ? You may well find that accepting unlawful recission is another way to go if your Default notice is not valid. Has the account been terminated on the back of that DN ?.

 

thanks citizenB for reply.

 

yes, it's in progress :)

 

was just wondering whether other matters, such as a cca breach eg invalid dn, would also be 'classified' as a 'dispute'.

IMO

:-):rant:

 

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  • 3 weeks later...

Oh dear :D

"To love unconditionally is the greatest gift, laughter is a close second" .To give your time to help others after being helped here is the best way to show your appreciation to your fellow CAG members.

 

Please note that this advice is given informally, without liability and without prejudice. Seek the advice of an insured qualified professional if you have any doubts. All my knowledge has been gained here, for which I'm very grateful. I'm a Journalist, not a law professional.

 

If you do PM, make sure to include a link to your thread as I don't give out advice in private ;)

BB 13 - DCAs/banks and solicitors 0.

 

I get a fresh start to get on with learning to live with severe disabilities when they could have had something if they'd been understanding...

 

<--- If you feel I've helped, please twinkle my star :)

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  • 4 weeks later...

Let us know how you get on:)

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

 

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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sent mine to carters and not heard a thing so i guess they have given up and dont want to pay my charges lol

If I have been of help to you please feel free to click my scales to the left Thanks.:)

I have no legal training and the advice I offer is what I have learnt here and offered as a matter of support. Before you commit to any Legal action you are advised to contact a qualified legal practitioner.

 

Finally if you succeed with your claim please consider a donation to consumer action group as those donations keep this site alive.

 

CARTER V Co-Op

BANK CHARGES

REFUNDED £3567

 

POMPEYFAITH V Co-Op PPI

OFFER MADE BUT REFUSED

ONGOING AND STILL ONGOING

NOW WITH THE OMBUDSMAN

 

R.I.P BOB aka ROOSTER-UK you have always been a Gent on these boards and you will be remembered for that.

 

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I advise everyone to do this asap!

 

I sent Hillesden an invoice on 9th June and was just about to set a County Court Claim rolling when this dropped through the door.

 

HillesdenSentPacking.jpg

 

Just do it!

 

You'll see from the dates on the letter that they are still playing silly buggers!

 

(like, as if the last letter I sent them was in March, you gotta laugh really!)

 

(Ssshhhh, don't tell them but I have about 10 Recorded Delivery stubs for letters sent to Hillesden and DLC since 11th March).

 

The letter I sent on 11th of March, and to which they are referring to in the work of genius above was the original Statute Barred template letter!

 

Now, either I've been in stasis and maybe dreamed it all or naughty Tony and the crew at Hillesden and DLC are doing some serious 'back scuttling' and trying to cover their tracks in case someone asks some embarrassing questions about their recent dodgy behaviour!

 

'Honestly, your worship! as you can see, we acknowledged his letter telling us the account was Statute Barred! Look here is the proof.

He's telling lies your worship, he's a naughty boy and he hasn't been harrassed at all, we haven't been sending him threats etc. after he told us it was Statute Barred.

We would never do such a thing 'cos we are licensed and we are a reputable company.

It's been an admin error your worship, all our threats were sent to him by mistake.

The person responsible has been sacked.'

 

As you can plainly see, this is the kind of liars, cheats, bullies, criminals, degenerates and idiots that Hillesden and DLC truly are!

 

I have about 20 threatograms from them ALL post 11th March!

 

(or maybe they are set to self destruct, I'd better check?)

 

Be fully prepared to go the 'whole hog' and get them into County Court.

 

Cabot weren't so obliging and basically told me that they were not paying!

 

As soon as I can afford the court fee I shall be taking them to County Court.

 

I'm gonna get another few invoices to them in due course to bump the claim up a bit and to let them know I ain't pi55ing around.

 

I've had enough of their illegal, immoral actions and bull5hite.

 

Go for it!

 

RI

Edited by RoyalIrish
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Banks and DCA's wish to get this matter hushed up 'very' fast.

 

Sadly for them they are losing this vital battle.

 

I recently had a significant victory against one of the largest lenders (no names mentioned just yet) that had sent in a defence against my fair admin claim and later met me in court.

 

They lost and it is now hurting their pockets.

 

The main thing is to keep it all simple, logical and to be prepared to meet them in court if they will not back down. Most cases will be settled by them before it gets that far though.

 

It is usually a cheaper option for the sharks to pay up on your fee than risk losing at court.

 

Rest assured though; they all seem to 'advise' you that your fee is unacceptable in the first instance.

 

The ramifications of all this is utterly immense for the banks that rely of the **** DCAs to hunt their victims to despair. Without the threat of unfair collection activities to enforce their iron will the banks are totally screwed. DCAs will not want to risk admin fees and costly court cases and will be forced into checking if agreements are in fact properly executed and enforceable BEFORE taking them on.

If the OFT guidelines and regulations on unfair collection activity worked as they should to protect the Consumer then we would NOT have to be forced into this action.

Edited by questioner
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The letter I sent to brian carter sols 4 weeks I have had no responce so it looks like they have taken notice and gone elsewhere.

 

So thanks questioner.

 

PF

If I have been of help to you please feel free to click my scales to the left Thanks.:)

I have no legal training and the advice I offer is what I have learnt here and offered as a matter of support. Before you commit to any Legal action you are advised to contact a qualified legal practitioner.

 

Finally if you succeed with your claim please consider a donation to consumer action group as those donations keep this site alive.

 

CARTER V Co-Op

BANK CHARGES

REFUNDED £3567

 

POMPEYFAITH V Co-Op PPI

OFFER MADE BUT REFUSED

ONGOING AND STILL ONGOING

NOW WITH THE OMBUDSMAN

 

R.I.P BOB aka ROOSTER-UK you have always been a Gent on these boards and you will be remembered for that.

 

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Just read through this thread. Excellent stuff Questioner. I will be keeping this info in mind in case any nonsense should come my way in the future.:)

If you believe that this post has helped in any way please click on the star to the left

 

DDWales Vs Barclaycard-*Won* http://www.consumeractiongroup.co.uk/forum/barclaycard/174860-ddwales-barclaycard.html

DDWales Vs Natwest-*Won*

http://www.consumeractiongroup.co.uk/forum/natwest-successes/210090-ddwales-natwest.html

 

-Reclaim the Right-

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