DCA question

[Guest HeftyHippo]

yes, complain to the OFT Wescot licence has not been renewed and you should make the point that they have acted outside the guidelines and they are unfit to hold a licence

[Bazooka Boo]

Let sleeping dogs, but for their time and trouble in rattling your cage, report their undesirable working practices to the OFT/TS via consumer direct, they might advise you to forward your complaint to other agencies to investigate, either way every complaint will help to either force these companies to act ethically and within the guidelines laid down, or send them to the wall.

[vengeancedemon]

Thanks, I wonder if my complaint to OFT, whilst not being acted upon individually etc may have rattled Westcot's cage? and should I dig into them about Data Protection Act?

[vengeancedemon]

I have a few matters which have been batted backwards and forwards with various pond life for between 3 and 4 years now, plenty of threats and rubbish of course, but no actual action of a legal kind

 

I wonder if this because I own no actual property ( ie dwelling) and am consistantly active in knocking back their stupid responses?

 

Secondly, is their perhaps a downward pattern of effectiveness and effectiveness of DCA's? or are they all equally as rubbish as each other?

 

Just curious

[rebel11]

Hi ven

 

It could possibly be because your Agreements are Unenforceable, if they were forceable they would of forced the issues. DCA's are fairly robotic in nature, send out

templates, make threats, ignore debtor's etc.

[coledog]

Hi

 

I no longer own a property or anything of value and have managed to ignore spam letters for a while now - I never respond to these, with one notable exception who shall remain nameless. A property is a very powerful threat for them to use and you will find that they constantly trawl the Land Registry or do CR searches. They are also cautious of people like you who know their rights therefore will try and find a new unsuspecting victim.

[Deb T]

It's a culmination of things, DCA's have very little power, they never have but where things differ is that these days the individual is much more empowered

due to the internet and the advance of forums such as Consumeractiongroup, & moneysavingexpert , now the woman/man in the street can fight back and

use the legislation that was put in place to help protect them but who until these forums did not have a clue as to how to go about it or even if it was

achievable. Now they see others in the same predicament and they're able to exchange and arm themselves with information to help fight their corner

with a little more gusto. Almost every day on CAG a newbie comes to the board with almost exactly the same queries as those that are now cag

seasoned campaigners, it's a sort of deja vu feeling, so the DCA hasn't changed, they still churn out the same rubbish as what they did years ago, but

what has changed is the ability of the individual to be able to fight back....

 

Most debtors would like to pay their debts but it's gotten much harder to survive financially, something has to give and if it's a question of putting

food on a plate or ensuring a family has clothes on it's back or paying a DCA then the dca is going to lose everytime. (or at least they should)

 

There is nothing wrong with a dca wanting to collect money, debt is a way of life and whilst their is debt there will always be debt collectors, it's just

that the majority of them out there these days are nothing short of scavenging miscreants of the highest order who are only concerned as to their

own books rather than the plight of the average alleged debtor. CAG and other forums like it have helped stem the flow.....

[vengeancedemon]

Thank you all for your thoughts, I posted the question more for my own peace of mind, I got the feeling some time agop that if a) they had anything really enforceable they would have taken more robust and official action ( I would) and the fact that I have no real estate must be another

 

I have "seenoff" a few over the last year, assuming they dont flog it on without telling that they have "closed their files", but thats another potential story!

[rhos123]

It's a culmination of things, DCA's have very little power, they never have but where things differ is that these days the individual is much more empowered

due to the internet and the advance of forums such as Consumeractiongroup, & moneysavingexpert , now the woman/man in the street can fight back and

use the legislation that was put in place to help protect them but who until these forums did not have a clue as to how to go about it or even if it was

achievable. Now they see others in the same predicament and they're able to exchange and arm themselves with information to help fight their corner

with a little more gusto. Almost every day on CAG a newbie comes to the board with almost exactly the same queries as those that are now cag

seasoned campaigners, it's a sort of deja vu feeling, so the DCA hasn't changed, they still churn out the same rubbish as what they did years ago, but

what has changed is the ability of the individual to be able to fight back....

 

Most debtors would like to pay their debts but it's gotten much harder to survive financially, something has to give and if it's a question of putting

food on a plate or ensuring a family has clothes on it's back or paying a DCA then the dca is going to lose everytime. (or at least they should)

 

There is nothing wrong with a dca wanting to collect money, debt is a way of life and whilst their is debt there will always be debt collectors, it's just

that the majority of them out there these days are nothing short of scavenging miscreants of the highest order who are only concerned as to their

own books rather than the plight of the average alleged debtor. CAG and other forums like it have helped stem the flow.....

 

how very true your words are, before i found the cag website i did indeed fear these **** dca/s , thier threats and horrible phone calls really upset me and my family, with thanks for the reading and help i have had on this forum i have indeed learnt to fight back!

[vengeancedemon]

Just a quick question, and my apologies if this has been well covered, but all mine are pre 2006, are "Application Forms" sent back under CCA request in themselves generally considered unenforceable, I appreciate this is rather a generalised question

Those I have have often no required T & C's, are often illegible photocopies adn some have no sig from the issuer

[PriorityOne]

What are you asking? If you're checking on enforceability, application forms are what they are; application forms.

 

[coledog]

In my simple view of things, an application form is an application for a financial product, there is no proof that you actually received the benefits or that it was approved. The credit agreement is the thing that would be binding if correct although their is the arguement that by signing an application there is a link and you have agreed to the Terms and Conditions?

[PriorityOne]

Many people sign applications for credit that are then turned down..... so it proves nothing.

[vengeancedemon]

Thank you, it is much as I thought, and I asked really just for peace of mind. No-one has produced anything which could be taken as an agreement, and I fully understand the meaning of "Application Form, as you say its an application for something

 

Many thanks for the guidance

[Abby25]

Hi there,

 

I haven't seen you scan of the CCA provided but in general ....

 

You must look to see if the application form is headed that it is a consumer credit agreement regulated under 1974 CCA Act - this should also be included in your signature box, where is shoud also state that by signing you agree to be bound by the terms of the act.

 

That is how they got round using an application form to also act as an agreement, and getting you spending asap ... !!

 

Of course if the doc provided is cited by the Creditor as a CCA, then it should also include ALL prescribed terms under s60(1) of the ACT, and contain a box or reference mentioning or discussing cancellation rights.

 

Must also be signed and dated by both parties i.e you and the creditor

 

 

All my CCA requests have come back with an application form in place of an agreement - all but one (bank of scotland preference account) are correctly headed and include the "health warning" about my signature .... but there are no pres terms in any of them ... !!!!

 

I have obviously first responded with the "thie is an application" dispute letter - to which they have all replied that the application is the agreement - which suits me just fine as they have all been defective ....!!

 

So, my response has been to send the "in dispute" letter, reiterating that what they have have sent me following my CCA request, is a mere application form - which they have advised they are choosing to rely upon as a regulated credit agreement.

 

Accordingly for it to be a correctly executed agreement, ALL the prescribed terms as denoted by s60(1) of the Act must me loacted within the 4 corners of the agreement. I then go on to detail what the pres terms are and the consequences of them being absent .... if they come back and say "oh yes it is enforceable" ... I then simply request that in support of their claim, they direct me to the location of the pres terms within the alleged agreement they have sent me, so that I may consider them ....

 

Of course they can't (if they are not in the doc they have given you), and there you have them snookered..... !!!

 

And off you will go on the rounds of the DCAs ....

 

Abs x

[vengeancedemon]

I have heard that when you answer the phone to silence, and it is probably a DCA on an (illegal) silent auto dial system that rapidly pressing the # key 6 0r 7 times confuses the system and it kicks the number out of memory/system.

 

I dont know if it is true but I shall try it the next time I get a silent call be it from the filth of the DCA world or a marketing call

 

Any comments?

[john 333]

well I get plenty of silent calls so i'll give it a go, no harm in trying!

[alfwithhair]

utter rubbish

[dx100uk]

nope

 

all the systems do is listen for audio

if it detects it

it goes thru the system to a call centre operator.

 

dx

[spamheed]

I find that humming "the star spangled banner" annoys them, especially if you keep on humming when the "call centre employee" starts reading from their script.

 

Their are some of these employees who are not allowed to terminate a call and have to wait until you hang up, since they are paying for the call and unless you are in a hurry or have an appointment or similar, I suggest that you hum yourself silly at their expence.

 

every now and again say "hello" until you have their attention, and when they answer, start the humming again

[sillygirl1]

My dads favourite (and he has a Masters degree in putting off cold callers and the like) is to play the doddery old man bit and say "Hello, I will have to get some paper and a pen and will take the message otherwise I will forget..." then go off.

 

With silent callers he just plays 'white noise' back at them... the best one being the noise made when you play an old cassette which has an old game on it, sounds really awful! He recorded one onto an old mobile and places it near the phone to play when suitable calls occur.

[unclebulgaria67]

Just tell them that you are deaf (deaf to any calls from debt collector or cold sellers)and need everything to be put in writing.

 

Before someone says, how did you know the phone was ringing ? There may a light which comes on when the phone rings.

[alfwithhair]

I use to hello routine.

 

ME: Hello

THEM: Can I speak to Mr Alf

ME: Hello

Them: I need to speak to Mr Alf, !!!!!@@@@@!!!!!????????????

Me: Hello

Phone usually goes dead around now, but if it hasn't one more Hello, then put the phone down.

****es them right off

[dpick]

I to have used the old please hold while I get them then just put the phone on the table leave it for couple of min then pick up phone and ask "are you still there I am trying to find him/her" and if call has not been disconnected put the phone down again for another couple of min. It does work they eventually realise that calling you cost money and they are getting no where so stop ringing you.

 

dpick

[PGH7447]

I just ask them how they got my number, if they refuse I just repeat the question endlessly until they sod off

 

but for DCA's I tell them that I did not supply my number so please inform me who gave it to you and that they had better remove it from their system as I did not give them permission to hold in their system

 

works a treat