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Can DCA instruct solictors?


Guest HeftyHippo
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Guest HeftyHippo

If there has not been an assignment can a DCA instruct solicitors "in contemplation of court proceedings"?

 

It has been my understanding that as they are merely hired hands, they cannot initiate proceedings.

 

I have a DCA who has admitted there is no assignment, there hasn't even been confirmation of their appointment by the lender, but the DCA is making lots of threats and has sent one solicitor letter.

 

I am holding out until the lender confirms the appointment of the DCA because several times they have moved the account to different DCAs without informing me and I have no wish to start discussing something with an unknown just for another to pop up and start again.

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Only the owner of the debt can start court proceedings.

 

Sounds like the typical bluff and crap Moorcroft send out to me. Threats of court etc when they're collecting for the owner of the debt.

 

Lowell's actually own my so called debt, but for some reason they get Makenzie Hall to hassle me, then Mucky Hall use Meritforce to hassle me. But really only Lowells can take me to court. The best laugh is that it's all over a debt of £50 that the only "proof" is a screenshot of part of a random mobile phone bill that could belong to anyone.

These are video links to show how I deal with Debt Collectors.

 

Fly fishing for C.A.R.S

http://uk.youtube.com/watch?v=zPtzK8FqE6k&feature=related

 

Frederickson International don't accept my card type

http://uk.youtube.com/watch?v=eiZBULlWW6Q&feature=related

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std crap

 

just the secretary changing the letterhead in the printer.

 

ignore them

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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If they are threatening court action send a CPR request. ;)

Anthrax alert at debt collectors caused by box of doughnuts

 

Make sure you do not post anything which identifies you. Although we can remove certain things from the site unless it's done in a timely manner everything you post will appear in Google cache & we do not have any control over that.

 

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Guest HeftyHippo

The outfit is ARC. Never come across them before. I have told them I haven't been told their appointment. They are insisting the lender has written to me (well, they didn't write to me about the other 2 DCAs before so what makes this one so special?) which I don't believe.

 

Even after admitting they don't have an assignment they are still making a lot of noise that they are authorised to "instruct solicitors in contemplation of court proceedings where appropriate".

 

So, your're confirming what I thought, that there has to be a assignment for a DCA to start action. (correct me if I'm wrong)

 

So, what exactly are ARC threatening? To get their solcitor to write nasty letters to me? Or to actually start proceedings? They don't use the words "recommend" or similar to suggest they will advise their client to start proceddings, it seems to be suggesting (to me) that THEY will start proceedings. In thats the case, I want to follow my usual policy of reporting them

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its all a load of bluster.

 

ignore them.

 

and DO NOT contact them.

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

Anthrax alert at debt collectors caused by box of doughnuts

 

Make sure you do not post anything which identifies you. Although we can remove certain things from the site unless it's done in a timely manner everything you post will appear in Google cache & we do not have any control over that.

 

Vir prudens non contra ventum mingit

 

[sIGPIC][/sIGPIC]

17 Port & Maritime Regiment RCT

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ARC are full of hot air and no wind, if they take you to court they will need paperwork and without the paperwork they are stuck.

 

I would ignore their letters or otherwise engage in letter tennis (or ping pong if you prefer) and of course remember to use a digital signature....

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Guest HeftyHippo

Their solcitors letter clearly states "on the instructions of our client ARC, (acting on behalf of their client)" they are considering starting proceedings.

 

If ARC cannot start proceedings as there is no assignment, the solicitor shouldn't be saying that should they. So, how do I complain about the solicitor?

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So, how do I complain about the solicitor?
SRA Solicitors Regulation Authority - For solicitors

Anthrax alert at debt collectors caused by box of doughnuts

 

Make sure you do not post anything which identifies you. Although we can remove certain things from the site unless it's done in a timely manner everything you post will appear in Google cache & we do not have any control over that.

 

Vir prudens non contra ventum mingit

 

[sIGPIC][/sIGPIC]

17 Port & Maritime Regiment RCT

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Guest HeftyHippo

Thanks cerber, I'm looking at that site but cant see anything that says a solicitor should tell the truth and not misrepresent the situation. Funny that innit!

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They are almost certainly breaching OFT Debt Collection Guidelines in that they are misleading you. They are implying they can take action when they cannot.

 

Might be worth pointing that out to both of them.

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

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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 doubt very much they are real...typically these are tame or fake dca solicitors.

 

only one step down from bryan carter.

 

there is a film on youtube that blows them out the water.

 

the 'real' solicitor only pops in once a month, to 'ok' what has been done in his name!

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Guest HeftyHippo

The cowboy solcitor is Trevor Mun and teh DCA ARC. Their postcodes are very similar. In fact, Google maps says they are 0.5 miles away by road. But I've never heard of either of them.

 

Its my policy to complain when a DCA is out of order so thats what I'm looking at doing.

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LCS: Frequently asked questions

Complain about someone else's solicitor: How do I do this?

 

We can't deal with your complaint if it is about the service provided by someone else's solicitor or about the impact on you of the actions of someone else's solicitor – for example, divorce proceedings.

 

Action can only be taken if the solicitor has broken the rules of professional conduct – which all solicitors must follow. Breaking these rules, is called misconduct.

 

Some examples of possible misconduct

 

the solicitor lies to you or others

the solicitor uses his or her position to gain unfair advantage of you

the solicitor is holding money that belongs to you

the solicitor fails to comply with an undertaking they have given to you or your solicitor

the solicitor discriminates against you on the basis of race, religion, gender, sexual orientation, disability or age

 

If the solicitor has engaged in misconduct, the Solicitors Regulation Authority can take action in the public interest. But the SRA can't pay you compensation.

Anthrax alert at debt collectors caused by box of doughnuts

 

Make sure you do not post anything which identifies you. Although we can remove certain things from the site unless it's done in a timely manner everything you post will appear in Google cache & we do not have any control over that.

 

Vir prudens non contra ventum mingit

 

[sIGPIC][/sIGPIC]

17 Port & Maritime Regiment RCT

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Have a read of post 319 onwards in the following thread. lexis200 had a similar situation with Wescot and their Tame solicitors, Nelson Guest. She has drafted a couple of excellent letters you might be able to adapt for your own purpose.

 

http://www.consumeractiongroup.co.uk/forum/halifax-bank-bank-scotland/160990-lexis200-bos-take-two-32.html#post2983643

 

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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Guest HeftyHippo

Thanks very much cerber, the misconduct you quote isn't quite perfect, as he can claim it was a genuine mistake rather than a lie, but I poked around the site and found other stuff as well as that. It all made a nice letter to the SRA. :D

 

Thanks also citizen B, those posts helped, and were quite inspirational.

 

Thanks also to everyone else, yes, it is most likely all hot air, and it probably is some old guy with bad breath and flatulence who pops into the DCA office once in a while to 'supervise' the use of his stationery. We'll see what happens to his breath once the SRA consider his incompetent drivel. Hopefully his breath will stop.

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