DCA Advice please

[Dollyone]

Over 12 months ago I put 4 x UCA claims in to one of those dodgy solicitors around at the time. They advised me each agreement was unenforceable and wrote to my Lenders explaining why and put them on notice not to commence collection proceedings without first obtaining an Enforcement order from court. They wrote to me recently advising they have fulfilled their obligation for the fee paid, but I should contact them if I am issued with any Legal Proceedings and they will defend my case for an additional cost, if they think my chances of winning haven’t fallen below 50% . Duh? Unfortunately, I am now well and truly in the DCA’s collection system with no legal back up. Foolishly I’d thought they would back me all the way through, hindsight is a wonderful thing.I am managing to keep them at bay with template letters on here and not speaking to them etc. but one or two are getting quite nasty and say they will be issuing proceedings without further notice. I am also getting regular wakeup and goodnight calls.None of us on here would put ourselves through this just for the fun of it, but I don’t want to go on a payment plan and be bullied by these people for the rest of my life and I can’t afford an IVA. I need to be prepared for them, and would really appreciate some advice please.

[brokebutnotbeatn]

I suggest you start a thread for each of the 4 debts you refer to with the history then people can advise accordingly.

[Bazooka Boo]

Lots more info is needed, who is chasing what, how much and who is the original creditor, what types of agreements are they? Loans, credit cards?

 

When you say UCA are you referring to a CCA? Consumer credit agreement?

Who is this dodgy solicitor? Is that really a no win no fee debt management company?

[flowerchild]

Sounds more like a Claims Management CONpany referring to Unenforceable Credit Agreements (UCAs).

[victoria_siempre]

Hi Dolly

 

I agree with my colleagues' above comments.

 

Sadly, you have the lesson of not paying dodgy firms.

 

You have many options depending on the level of alleged debts, e.g. admin order under 5k; DRO under 15k, but otherwise there is no magic bullet to avoid legally enforceable debts without threat to any equity you might have in your property.

 

Some more info will help.

 

Love

 

vic

[BRIGADIER2JCS]

Yes please give us more information to work on.

[Dollyone]

Thanks guys, had a bad day, will start individual threads tomorrow starting with the two that are giving me most grief. 3 x credit cards, 1 x loan, all over 5k taken out prior 2005. Property in partners name only. I wouldn't have gone to a claims management company (sadly I thought I was more clever than that), it was a solicitor and I assumed I had the comfort of a legal advisor behind me. Unfortunately not so.

[brokebutnotbeatn]

Hopefully not all doom and gloom. You have the letters this solicitor wrote so let people see what is what and we'll go from there. As the property is not in your name there is no equity so it sounds as if it is just the usual huffery and puffery you are getting.

[flowerchild]

Over 12 months ago I put 4 x UCA claims in to one of those dodgy solicitors around at the time. They advised me each agreement was unenforceable

Have you got the agreements yourself? Did you actually get a proper agreement for all 4? That sounds a bit unusual...

 

and wrote to my Lenders explaining why and put them on notice not to commence collection proceedings without first obtaining an Enforcement order from court.

Not the most clever thing to do, asking them to go straight to court, given that, when faced with UE agreements (or no agreement), lenders usually just pass the accounts round from DCA to DCA, been doing that with me for nearly two years now and you'll find plenty more examples!

 

They wrote to me recently advising they have fulfilled their obligation for the fee paid, but I should contact them if I am issued with any Legal Proceedings and they will defend my case for an additional cost, if they think my chances of winning haven’t fallen below 50% .

That sounds like a major rip-off! Basically you have paid them for nothing, as you can easily have written to your creditors and obtained the agreements yourself. Not only that, but it looks like they may not have been totally honest with regards to the enforceability of the accounts either!

You should look at the agreement you had with THEM and see what exactly you were supposed to get from your fees, you may have a case against them! You should be looking at reporting them to the relevant authorities such as the Law Society.

 

one or two are getting quite nasty and say they will be issuing proceedings without further notice. I am also getting regular wakeup and goodnight calls.

Don't talk to them on the phone EVER. Just refuse to answer their security questions and/or put the phone down! After a while, they'll stop trying.

 

Don't let them scare you with their bright red letters and all sorts of threats, they are just templates they churn out by the 100s!

 

None of us on here would put ourselves through this just for the fun of it, but I don’t want to go on a payment plan and be bullied by these people for the rest of my life and I can’t afford an IVA. I need to be prepared for them, and would really appreciate some advice please.

 

May be a good idea to post full details of your accounts along with any paperwork (minus personal details of course), some may be proper agreements, some may not, sounds like those 'solicitors' have been less than honest with you!

[Dollyone]

"Have you got the agreements yourself? Did you actually get a proper agreement for all 4? That sounds a bit unusual".No I didn't have the orginals, but what the solicitor applied for and got were not reconstructed, as I recognised them, two were just application forms with T & C's.I have the contract the solicitor sent me to sign, I found them on the internet based in London, which I will post up for those who might be interested.They didn't send me copy letters sent to OC, they just kept me informed but they did seem quite professional at the time.. It may take me a while though as I am at work and still learning how to use and post on this site etc. Shall I start one of my cases on this thread (will be easier) then separate for the other three?I have been reading lots of threads on here and following advice given to others.

[Dollyone]

Feeling a bit better today by the way and appreciate your responses

[brokebutnotbeatn]

Yes, will be interesting to see the contract.

[Dollyone]

I'm still struggling with my posts, I have uploaded the contract into my CP user but can't display the link. Also I am very concerned that it has the solicitors name all over it on their letterhead, am I allowed to show their name?

[BRIGADIER2JCS]

It is your choice please delete the names if you wish, but leave the

essential data.

It does help us to answer if the company/firm is known as many are

already well known to CAG.

[Dollyone]

ok but can you please tell me how to post the link from my profile?

[Dollyone]

ok think Ive sussed it, I hadn't posted enought posts (10) to qualify to post a link

[Dollyone]

http://www.consumeractiongroup.co.uk/forum/attachment.php?attachmentid=32078&d=1323447890

[Bazooka Boo]

In my signature at the bottom of this post is a 'how to' guide for uploading images to CAG.

[Dollyone]

Thank you everyone (and flowerchild) I got a letter today from the dca threatening legal proceedings saying they would be taking no further action. The other one I was worried about has put it on hold for 28 days, so that is encouraging. Not had any phone calls for over a week.. When I have more time over the holidays, I will specify my accounts/claims and share my experiences with you.