DCA question

[vengeancedemon]

More for getting my own thoughts straight on defective D/N's

 

I understand that the DN must specify a date for settlement and not "28 days ( or whatever) from the date of this letter.

 

So, if a DN is deficient and defective can any DCA be told to get knotted on this or should it be initially via the CCA route/"Bemused" letter? and presumably it is not a good idea to tell the OC that their DN is rubbish? perhaps, if it ever gets that far, to wave it in Court?

 

In addition, I presume that being sent a specimen pro- forma DN letter, with no specific personal details, never mind exactitude of dates is also to be regarded as worthless?

 

Sorry if this appears silly questions, I am preparing a flow chart guide and want to get all aspects covered, I am very comfortable with CCA, bemused, defaulted, and all the other template letters so helpfully found here

 

Many thanks

[vengeancedemon]

A year ago, and more, Cabot picked up on some CC and one loan accounts

 

on one of these ( Monument) they were sent a CCA which they maintain was a payment ( despite the letter etc)

 

Next, a Morgan Stanley, for which they supplied only an application form

 

The remainder are a Halifax loan and a Visa, both of which had CCA's sent to Blair Oliver & Scot way back in 2007 and no result. Indeed the Halifax Visa has been to nearly all the DCA's all of whom have passed it on

 

I have also received "Reproductions of deeds of assignment" to Cabot obviously manufactured at Cabot. Summer 2008_

 

Now a year and more on, Cabot have sent a lot more paperwork ( including the T & C etc that were requested over a year ago and more)

 

All of the Card papers are application forms or reservation forms and the T & C are not applicable to the date of issue and are many sheeted copies

 

I am concerned that after so long with the many CCA to original DCA etc that Cabot can now provide so much paperwork, most of which is probably

not enforceable, when such aperiod of time has elapsed and, as said the original people approached, ignored, and defaulted on CCA's ( including at that time the 30 day section)

 

I would apprreciate some guidance on best response now ro Cabot, I have written to them a year ago advising their unlawful interventions, fasilure to provide etc |( at the time)

 

Thanks

[PriorityOne]

All you can do is write and advise (by rec. delivery) them that this matter is getting very tiresome after so long and although they've sent various bits of papework through the post.... these are clearly application forms; containing no prescribed terms and therefore, unenforceable. Unfortunately, the time scales mean nothing in the real world.

 

This is unlikely to make any difference to Cabot; who seem intent on pursuing everyone at the moment. If it does get to court however, you'd have a complete defence. Although they know this, they normally keep up the pressure in the hope that you'll give up and cave in.

 

I'm dealing with Cabot myself, but they've sent nothing so far.... which gives a slightly different scenario from yours. It's been going on for over a year though.

[hungrybear]

I would get very blunt with them. Here is the heading a wrote to robinson way with:

 

KINDLY PROVIDE DEFINITIVE PROOF OF A MATTER TO DISCUSS, TAKE ME TO COURT OR STOP HARASSING ME

 

At that point they have nothing left to threaten you with

[PriorityOne]

I would get very blunt with them. Here is the heading a wrote to robinson way with:

 

KINDLY PROVIDE DEFINITIVE PROOF OF A MATTER TO DISCUSS, TAKE ME TO COURT OR STOP HARASSING ME

 

At that point they have nothing left to threaten you with

 

 

Cabot will claim that they're not "harrassing".... since it's been their first contact in a year. Whether they take a person to court or not seems to depend on what side of the stone they've crawled out from under on a particular day, rather than the enforceability of any paperwork they may/may not have though...

 

Cabot are a strange bunch and will go out of their way to appear polite and agreeable on paper. That's been my experience anyway.

 

Doesn't mean they're gonna get any money though.... lol

[hungrybear]

Cabot will claim that they're not "harrassing".... since it's been their first contact in a year. Whether they take a person to court or not seems to depend on what side of the stone they've crawled out from under on a particular day, rather than the enforceability of any paperwork they may/may not have though...

 

Cabot are a strange bunch and will go out of their way to appear polite and agreeable on paper. That's been my experience anyway.

 

Doesn't mean they're gonna get any money though.... lol

 

maybe I just got lucky with the stone then.

 

Dont you just get pig stick of the dross though? I know I have. My view now with all of them - must be about 10 altogether - is oh for god sake either grow a spine and take me to court (and lose) or just admit you are useless and go away.

 

Unsurprisingly all have proven useless thus far.

[PriorityOne]

maybe I just got lucky with the stone then.

 

Dont you just get pig stick of the dross though? I know I have. My view now with all of them - must be about 10 altogether - is oh for god sake either grow a spine and take me to court (and lose) or just admit you are useless and go away.

 

Unsurprisingly all have proven useless thus far.

 

Yep... all of mine have been useless too. That goes for the company, their "clients" and their clients' clients.... lol

 

What a load of bowlarks eh?

[vengeancedemon]

Thank you all for your thoughts and helpful remarks.

 

I am of the opinion that probably all of what they are involving themselves in are unenforceable for a variety of reasons, and they were sent very strong letters to the effect of you are third party intervention in a matter which is still in dispute, you are out of time etc etc.

 

As you say, perfectly polite( so far) replies of a very long winded kind, the latest, this week a yesr on, now tells me that this is the final response from Customer relations, and I should/must contact the vultures within 14 days to discuss payments.

 

In a pigs ear! They will get a short sharp note with copies of the letters sent telling them to foxtrot O and why !

 

Disnt I see that Cabot are having problems?

[hungrybear]

ken should stick to his swimming pool!

 

Thank you all for your thoughts and helpful remarks.

 

I am of the opinion that probably all of what they are involving themselves in are unenforceable for a variety of reasons, and they were sent very strong letters to the effect of you are third party intervention in a matter which is still in dispute, you are out of time etc etc.

 

As you say, perfectly polite( so far) replies of a very long winded kind, the latest, this week a yesr on, now tells me that this is the final response from Customer relations, and I should/must contact the vultures within 14 days to discuss payments.

 

In a pigs ear! They will get a short sharp note with copies of the letters sent telling them to foxtrot O and why !

 

Disnt I see that Cabot are having problems? only if you count a £6M loss as a problem:D:D:D:D

[vengeancedemon]

That might explain why they are rooting around:D

[vengeancedemon]

So basically, the CCA's that they have been served and provided application forms or similar are still in default of a CCA and where they have joined in on a CCA with another ( defaulted) they are not permitted to pursue?

[hungrybear]

So basically, the CCA's that they have been served and provided application forms or similar are still in default of a CCA and where they have joined in on a CCA with another ( defaulted) they are not permitted to pursue?

 

If they do not supply documents under a cca request then they remain in default and may not carry out collection activities until the default under 78(6) is rectified.

 

so the simple answer is YES

[vengeancedemon]

Thank you

 

So to satisfy 78(6) the docs must be provided by the original DCA who were sent the CCA or can the new DCA provide?

Sorry if this is a dim question

[Pinky69]

The DCA you requested the copies from must provide them. If they don't, you simply tell the next DCA the account is in dispute - you only have to make one CCA request.

[vengeancedemon]

Thank you very much, I thought it was so, but just wanted to be 100%

 

Cabot seem to think that because they have provided some paperwork ( where others didnt ) that the have a right to pursue

 

They are very good at inducing panic !

[debt4get]

agree vengeancedemon, after receiving yet another missive from crapbot about how they are going to continue to harrass and annoy me, i finally rang them and asked them quite politely to put up or shut up.. they have been adding interest to my account even when i was paying them told them 2 years ago to put it before a court, but no. they continued to rack up the interest, in effect trebling the original debt, i have had enough of them.. the threat monkey was quite upset after my rant.. 'im only trying to help'.. yeah well give the correct paperwork or put it before a court and explain your companies actions...

[vengeancedemon]

I shall be interested in the reaction to my Soade orf letter, I have the various harassment/doorstep/etc letters on file ready to send if neccessary

 

Thanks for your support

[vengeancedemon]

Being pedantic/belt and braces/thick

 

If original DCA who has been sent the CCA 1974 has NOT responded/responded correctly, and ANO i.e Craprot interceed even to the extent of providing some paperwork then section 78(6) applies to cabot and they can be told to FO?

[Pinky69]

If the original creditor has not supplied a copy of the credit agreement on request then Cabot can be told to Foxtrot Oscar. Their speciality is unenforceable debts, which is why they are in deep doo doo.

[vengeancedemon]

Thank you very much, sorry to appear a bit dim, but, well, it can be a bit fraught sometimes.

 

I shall refer them to section 78(6) if neccessary, any other sections of this Act?

I shall remeind them of DPA s10, Admin of J s 40, Pro from Harass (1997) s1-2

 

I appreciate that OFT, Info Comm and FSA are useless, but are Trading Standards eyeing these vermin?

[hungrybear]

cputr 2008 is better than the admin justice act now

[Pinky69]

Trading Standards are not keeping an eye on anything - they only get involved if you make a complaint to them. The OFT are monitoring some DCAs so it is always worth reporting any infringement of their guidelines to to them.

Every report to them is another nail in th DCAs coffins and could lead to a heavy fine or a lss of licence.

[vengeancedemon]

Had an idea that Kent TS werte interested in them?

must be my imagination

[vengeancedemon]

Scarey letters today from Cabrot

 

Pay up/contact urgently or we will escalate to the next phase of collection

 

Probably havn't received or read my letter pointing out the error of their ways

[Pinky69]

Be afraid - be very afraid! They are a laugh a minute and it is nice to see them wasting their money on all these pointless letters. Wonder how much their next loss is going to be.