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armcm

Dealing with DCA via email?

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I am just wondering if it is advisable to contact a DCA via email?

 

I have had a financial statement CASHflowed by National Debtline detailing what I can afford to pay, and want to get it sent off asap as I am being threatened with a statutory demand.

 

Is there any reason I shouldn't send it to the DCA via email?

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People may disagree but i can see no reason why not. I would however follow it up with a hate copy in the post. You say you are being threatened with a SD?

What exactly has been told,is it in a list of possible options?

 

I have one email address i use for stuff like that,always ask for a read receipt (doesn't always work) and i was advised to bcc myself in as well to use as proof. I then keep the sent copy the received copy and the read receipt on my pc as a backup.

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'The next contact you receive will be from a process server who will be serving you personally with a statutory demand. If you fail to comply with the terms of a statutory demand, we may petition the court for your sequestration. Alternatively, you may receive a letter from the court regarding legal proceedings, or a debt collections agent'

 

This is despite the debt being less than £400, and I am not a homeowner, nor do I have any assets. I am in Scotland, so I know that they cannot make me bankrupt if I owe less than £3000.00, but I still can't help worrying over it. I haven't made any payments for a year so I am worried that if they do start court proceedings, a judge isn't going to look too favourably on that.

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Ok. Not knowing Scottish law i can not comment. If it was in England i would be reporting.g them to the OFT for fitness to hold a licence and making a formal complaint. I think in Scotland you can still contact your local trading standards.

Most likely it will be a dca. Who has threatened the SD.

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Lowell will already have found out you are without assets. For £400 they ain't gonna take any form of legal action or employ a process server. If you are on a low income, a court would most likely rule that you pay £1/month, and Lowell know it.

The only part of their threat which applies is "Alternatively, you may receive a letter from ... a debt collections agent"

I would, frankly, ignore their typically puerile missive.

If you have no assets, can't be made bankrupt and the debt is so small, what exactly are you worrying over?

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I don't know I just feel intimidated by them I guess. I have health issues which cause anxiety, so despite knowing they are likely just full of hot air, it doesn't stop me fretting.

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If you e-mail this information it's best to follow it up with written confirmation.

 

The debt is less tha £400.00 there is no danger of BR, if they went to court your financial status as it is would warrant payments of£1 pcm.


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Ok thank you. I will email the CASHflow statement, and will follow it up with a copy in the post.

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Make a complaint to Trading Standards & the OFT. Sara De Tute & her cronies are in breach of OFT guidelines by threatening legal action they cannot possibly do.

 

Since that woman took over as Lowell's Legal & Compliance Director earlier this year there has been a flood of these bankruptcy threats & she needs bringing to task. http://www.credittoday.co.uk/article/13748/online-news/sara-de-tute-to-join-lowell-group


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I'm trying to tie in a group complaint against Lowell to be submitted alongside the MMF/Transcom complaint.


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Sara De Tute is also a solicitor so a complaint to the SRA may well be in order too. ;)


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Armcm, i get exactly where you are coming from. These letters are sent in order to scare people. I find it really helps me when i can tell them to get stuffed and know they can really do nothing about it. I once sent a letter to a dca headed dear ****wits, how many times do i have to tell you i have no money or assets,make me bankrupt if you want to. Obviously not something to send if you have an income or assets but i haven't heard from them since

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Hi armcm,

 

Do you want to stop this threat of the statutory demand, if so send the following by e-mail.

 

The Director of Compliance.

 

Dear madam,

 

I refer tou your companys letter dated xx xx xxxx I which you threaten me with a statutory demand for payment regarding an alleged debt of £xxx .00 I am sure in youe exalted position within the company that you must be aware that such action is not appropriate and breaches the OFT Guidance on Debt Collection 2003/2012.

 

I will not bother to quote chapter and verse here as said you should be aware of the actions of your company employees and the regulations in place to protect alleged debtor.

 

I am send a report to the debt collection team at the OFT together with a copy of the letter and a comment on the fitness of xxxxxxxx to hold a consumer credit licence as I am aware that your company has previously censure for such conduct.


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Seems to be quite an increase in the past two years;

 

942f6001.png

 

(source: London Gazette) http://forums.moneysavingexpert.com/showthread.php?t=3824951


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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Thank you. Time to stop burying my head in the sand and face up to them. I have emailed my CASHflow statement off together with a token offer letter and a request for details of all charges on the account.

 

I will also be sending the email that Brigadier kindly posted regarding the stat demand threat, and I will also forward a copy to the OFT. I know I am in the wrong for ignoring them, but they shouldn't be allowed to get away with the blatant lies they tell to try and bully people into paying.

 

As a matter of interest, why/how do they get away with this?

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They get away with it because no one complains. No disrespect but just check the letter for spelling,grammar as i noticed a couple of mistakes and you want it to look professional.

I do wonder why the increase in bankruptcies, chicken or egg. There are increasing numbers of people going BR

I am a little uncertain about the need for the email stopping the SD as it can not happen anyway. Of course it will make you feel better

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Seems to be quite an increase in the past two years;

 

942f6001.png

 

(source: London Gazette) http://forums.moneysavingexpert.com/showthread.php?t=3824951

 

I wonder how many of those order went virtually un challenged.


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I wonder how many of those order went virtually un challenged.

 

The vast majority I expect, especially the ones that didn't receive any paperwork.

 

I wonder what the true figures are tho', i.e the number of SDs actually issued.


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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I beggars belief that they have started the approach again after previous censure, we are seening more on CAG than before and I seeing an increase as well.


Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

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Wasn't the censure for using SD's as a threat, so issuing a SD but then not petitioning for BR.

Maybe its a sign of the times. More and more people are getting into debt,there is more and more bad advice out there and punters are also getting wiser about bully boy tactics. Maybe the banks are selling debts on faster and hence the increase.

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People may disagree but i can see no reason why not. I would however follow it up with a hate copy in the post. You say you are being threatened with a SD?

What exactly has been told,is it in a list of possible options?

 

I have one email address i use for stuff like that,always ask for a read receipt (doesn't always work) and i was advised to bcc myself in as well to use as proof. I then keep the sent copy the received copy and the read receipt on my pc as a backup.

 

Yes, agree, no problem at all - but make sure it is not your regular email address ! They CANNOT issue a stat demand for under £750.00 - can you please upload a copy of that letter/email from Lowells saying they can.

 

tt.. I hope you mean follow up with a "Hard copy" and not "hate copy" :lol:

 

'The next contact you receive will be from a process server who will be serving you personally with a statutory demand. If you fail to comply with the terms of a statutory demand, we may petition the court for your sequestration. Alternatively, you may receive a letter from the court regarding legal proceedings, or a debt collections agent'

 

This is despite the debt being less than £400, and I am not a homeowner, nor do I have any assets. I am in Scotland, so I know that they cannot make me bankrupt if I owe less than £3000.00, but I still can't help worrying over it. I haven't made any payments for a year so I am worried that if they do start court proceedings, a judge isn't going to look too favourably on that.

 

I am pleased you are aware that they cannot take the actions they are threatening.. please do send a copy of that to the OFT. These people must be stopped from using this thread when they absolutely know they cannot do this.


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Wasn't the censure for using SD's as a threat, so issuing a SD but then not petitioning for BR.

Maybe its a sign of the times. More and more people are getting into debt,there is more and more bad advice out there and punters are also getting wiser about bully boy tactics. Maybe the banks are selling debts on faster and hence the increase.

 

 

Yes, which is why they are often withdrawing as soon as someone advises they are going to set aside.. in the hope of avoiding costs. If someone receives a stat demand they MUST get it set aside and ask for costs.

 

However, it is fairly obvious that they are still using these as a cheap debt collecting tool because they are issuing so many for debts under £750.00.


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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I'm no expert in the insolvency arena, would a complaint to the Insolvency Service have any merit?


Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

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