lloyds tsb debt - every dca has had this alleged debt - when will it stop! - help

[BRIGADIER2JCS]

No quite new, many DCAs are just parts of a very large debt purchase company, that will use 'trading styles' to make you believe there is another more powerful entity on your case, nonsense of course.

[tc5712]

Here we go! Got the first call today from Crapquest:

CQ: "Is that Mr tc5712"

Me "Yes"

CQ "OK before we can, blah can you please confirm, blah"

Me "No, please only contact me in writing"

CQ "But we have sent you letters" (Only one so far but wasn't going to engage).

Me "Yes, I know"

CQ "Well, we will contact you again, you realise that don't you"? (By phone or letter wasn't stated so for the time being benefit of the doubt offered).

Me "I look forward to it". CLICK!

[BRIGADIER2JCS]

Capquest have now purchased the account it seems, this company has been getting more aggressive recently.

 

May be an idea to send the 'no telephone contact letter' from the CAG library.

[tc5712]

When did the title of my thread get changed?

 

Whoever did please can you change it to ALLEDGED lloyds tsb debt - every dca has had this debt - when will it stop! - help

 

Thanks...

[tc5712]

Just seen this in a youtube comment on dcas. Is it true?

 

If a Debt Collector buys a debt off a bank and then tries to claim you owe them..

 

By LAW, once a debt is paid, it's paid. So, if a Debt Collector buys your debt, it's classed as being paid and so you're not liable for it anymore?

[dx100uk]

no that's FoTL twaddle

 

ignore it

 

every debt on here is alleged!

 

dx

[BRIGADIER2JCS]

Just seen this in a youtube comment on dcas. Is it true?

 

If a Debt Collector buys a debt off a bank and then tries to claim you owe them..

 

By LAW, once a debt is paid, it's paid. So, if a Debt Collector buys your debt, it's classed as being paid and so you're not liable for it anymore?

 

 

NO such law exists, try to use FOTL nonsense in court and a Judge will laugh you out of court.

This rubbish can lead inexperienced users into big trouble.

[tc5712]

Just wondering if Capquest are new kids on the block as they don't seem to be very good?

 

By that I mean they are failing miserably trying to get hold of me?

 

I'm getting random texts to my mobile asking me to call them and quote Ref XXXX, erm no.

 

Then the odd call here and there from an auto dialer saying 'If you want to talk to us 'press 1'. Erm no again!

 

Or am I just very low priority as they know they're just chancing it?

[BRIGADIER2JCS]

No, Crapquest have been around a good while, the texts are just the start believe me!!

They are very persistent over long periods of time so be aware of them!!

[Bazooka Boo]

Forward their textx to 7726 (SPAM on your keypad)

[tc5712]

Forward their textx to 7726 (SPAM on your keypad)

 

Doesn't work Bazooka, there's no number associated to the text. Just from the word 'Capquest', not that bothered about it though.

[tc5712]

And here we have the offer of reduction letter, proof, if proof were needed that this is totally unenforceable I believe?

[citizenB]

There are quite a few of these discount letters being sent out at the moment.

 

Do please be aware that CQ are very litigatious.

[tc5712]

There are quite a few of these discount letters being sent out at the moment.

 

Do please be aware that CQ are very litigatious.

 

With no CCA citizenB? Asked for it from the first DCA Moorcroft 3 years ago and they could not provide.

[BRIGADIER2JCS]

There is a distinct possibility that CQ COULD come up with a 'reconstituted' CCA and depending on when the agreement eas signed a judge MAY decide that with other evidence, that a liability subsists and the debt is payable.

[Old Cogger]

unfortunatly a lot of DJs accept that a paper trail is good enough and a reconstruction is o.k. the opposition representative will always push Carey judgment, even when you quote Kotecha as must have the whole agreement, comes down to judge lottery at the end of the day, am affraid that is the way this country works these days, be an institution and never get it right = they can get away with it , then you as an individual hardluck you pay, and legislation goes out of the window. (DJ stated court of appeal rules - 1, legislation = 0.

[BRIGADIER2JCS]

unfortunatly a lot of DJs accept that a paper trail is good enough and a reconstruction is o.k. the opposition representative will always push Carey judgment, even when you quote Kotecha as must have the whole agreement, comes down to judge lottery at the end of the day, am affraid that is the way this country works these days, be an institution and never get it right = they can get away with it , then you as an individual hardluck you pay, and legislation goes out of the window. (DJ stated court of appeal rules - 1, legislation = 0.

 

It may be if interest (or surprising) that the judge allocated a case is more often than not selected because of the type of case tin which they have special knowledge.

 

The theory of judge lottery seems to mean if the judge has found in the individuals favour he/she is a bloody genius, find for the claimant and he/she is biased/ ignoring, ''THE LAW'', useless etc./etc.

[Old Cogger]

It may be if interest (or surprising) that the judge allocated a case is more often than not selected because of the type of case tin which they have special knowledge.

 

The theory of judge lottery seems to mean if the judge has found in the individuals favour he/she is a bloody genius, find for the claimant and he/she is biased/ ignoring, ''THE LAW'', useless etc./etc.

 

No!!! a DJ I have been involved with on two occassions ignored Legislation when presented with it, and commented that Appeal courts overide the said legislation, then went onto state that certain cases she had no knowledge of, yet on two seperate occasions the whole transcript of the cases involved I had given her at a previous hearing, she is a bad DJ and her own admission in the 1st case was "these cases change all the time and did not know what court of appeal cases referred to", hence she had copy I supplied on more than one occassion, then two years later whilst I was sitting in on another case repeated did not know Brandon cas or Kotchika etc, for which she was misleading those present, I was told to keep quiet.

 

In her own admission at the start of ther 2nd case words were" I will not be striking out this case) i.e. before it started? and no more time for evidence will be given, hang on it was the other side who has had 2.5 years to supply evidence and has not, also they ignore CPR31 request, late submissions of documents to used only sent with witness statements at a later date, (most documents was not their but the defendants) also they ignore cour oredrs to pay for case on time and so it went on and on. Her own admission couple of years ago was" If somebody had the money they pay it back regardless of actual situation and charges etc etc.

Edited August 22, 2013 by Old Cogger

[BRIGADIER2JCS]

I've often said LPs relying on case law/appeals need to know EXACTLY if that case law specifically relates to their problem/case.

 

The judges task at what ever level is to make a judgement on this relationship, and at any level a judgement can be appealed, in this District Courts to a circuit judge and so on up the line.

[tc5712]

I have a letter on file from Apex stating this debt is unenforceable in law from Jan 2011.

 

I don’t understand why this has changed? If Lloyds wanted to reconstitute a CCA they would have done so whilst they still owned the debt surely?

 

Can a DCA that has purchased a debt reconstitute a CCA even when there were obviously never involved until now?

 

:??????:

[Peterbard]

It may be if interest (or surprising) that the judge allocated a case is more often than not selected because of the type of case tin which they have special knowledge.

 

The theory of judge lottery seems to mean if the judge has found in the individuals favour he/she is a bloody genius, find for the claimant and he/she is biased/ ignoring, ''THE LAW'', useless etc./etc.

 

 

This remark could only have come from someone who has never been in a county court room and in front of a DJ in his life

[cashins]

Phew!

 

I am of the opinion that DCA's can be given the silent treatment, after your contract is not with them, I know what it says in agreements about passing it to third parties etc, but the fact that banks are not whiter than white, and they then pass it to another corrupt industry to collect is, to me, indicative of the financial industry as a whole and the OC needs to take responsibility for it's actions.

 

I also have done this over the years.

 

I fact it's quite funny to see the sequence, how hysterical they get and then give it up.

 

If you make your living out of trying to frighten people and they totally ignore you, they just move onto another target.

 

David

[tc5712]

Just had another call from CQ, refused to answer security Q's and told them again to contact me only in writing.

 

The caller then went on and reeled off the dates that letters to me have supposedly been sent so far.

 

As I didn't confirm DPA questions this doesn't seem right?

[Bazooka Boo]

Then please do write a formal letter of complaint to their data controller informing them of this, in future when they ring, answer see who it is, respond with everything in writing, laugh and hang up, repeat process until they a) get bored and stop ringing, b) you have two or more calls that you can show the police to have the caller summonsed for the criminal offence of harassment c) get so irate they start using expletives, then laugh and hang up, and report them to your network provider using their malicious calls procedure.

[Old Cogger]

Case of Roberts v Bank of Scotland Plc. on harrsement google it and see what you can achieve?

 

 

case report on Roberts v Bank of Scotland plc and another appeal – [2013] All ER (D) 88. This case was very interesting indeed, not least because the Bank of Scotland appealed having lost at the first instance and took the matter to the Court of Appeal and lost again.