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    • Hi All, before I start I know there are similar threads of the topic I am raising, and each, of course, has its own unique scenario, which may benefit others. My case is as follows: 1. I saw a gumtree ad on the 16th of Oct 2020 for a Mercedes E220 CDI, priced at 7,500 2. I called the seller and said I will come over on the 17th of Oct 2020 to view. 3. On the 17th of Oct 2020 I went to his place where he is working and viewed the car. He is working for a major car rental company. I checked the car and of course asked the normal things to ask e.g. any insurance write-offs, loans, accidents, etc. The seller said the car is clean etc.no loan, he had a loan but all is paid off etc. and he has the papers. 4. I negotiated the car price to 6,800 because the rims were showing some signs of damage, the rear light had a small burst, cosmetics, etc. I checked all but did not see any sign of damage to the car (it's a black car, the car was a bit dirty, and the sun was already setting in) 5. We agreed on 6,800 and decided to purchase the car. We went into his office, where I paid cash, and also got a Car Sales Invoice with all details of the seller, and a V5C green slip 6. I purchased car insurance and drove off. I asked him about Road Tax and he said Road tax is paid so I have not to worry, just need car insurance. 7. On 18th of Oct 2020 I cleaned the car interior because it was really dirty inside - it took me a few hours so decided to clean the exterior the next day 8. On the 19th of Oct 2020 I went to clean the exterior and after the car was clean I noticed some parts were resprayed. I became a bit suspicious; so on the 19th of Oct 2020 in the eve, I went on the internet and run an HPI check. The outcome from the HPI did not show any accidents, insurance write-off but an outstanding Loan with Moneybarn. At this point, I thought maybe the database is not updated, etc. 9. On the 20th of Oct 2020, morning, things were going through my mind; the seller said the car is clean, no issues, no loan since he settled all etc. but the HPI reports say there is still some outstanding loan. So what I did, I called Moneybarn, and explained the situation, and gave them the contract number as well (since it was displayed on the HPI report). They said they will send me a form by email, but they cannot share any information due to Data Protection (GDPR). fair enough I thought, but what made me boil, they said they OWN the car! So, I took the car and drove to the seller where he is working. I confronted him. He said don't worry, I will handle it, he has no time, he is very busy and bla bla bla. I said what reasons do I have to trust you, you lied, and now you say you still have a debt, etc. So I said I will not leave until he has settled the debt, or repay me my money. I also asked what is outstanding, he said around 7,000. Well, since I confronted him at his workplace he may have felt the heat, he assured he will settle all soon, I said sorry, I need a date, so I said you will settle the debt with Moneybarn by 23 Oct 2020, if not, you will refund me my money. He said Ok he will do it, so I said, since I don't trust you, you will sign a piece of paper, and sign it. On the paper, he wrote "I will clear the debt for the Mercedes by Friday" and signed it. I said I am not happy and added the debt details with contract number, and also a clause that if he fails to settle the debt with Moneybarn by Friday the 23rd of Oct 2020, he will refund me my money, 6,800, and sales of the car Mercedes, license plate, will be void. Also, I said to put an initial on each amendment I made with signature. He did, and I left. 10. On 22 Oct I sent him a message, to remind him to settle the debt by Friday 23 Oct 2020 noontime and also I outlined some legal jargon I had to sent that I received from citizensadvice. 11. On 23 Oct, morning time, I received a message from the seller, he said he will not/cannot refund me the money, not to visit him at his office or place, and that he feels threatened by me. 12. Now, the dilemma/headache; a). I received the form from Moneybarn on the 20th of Oct 2020 and I have to send it back within 7 days b). the seller send me a message he will not refund the money c). is the seller holding the title with Moneybarn or did he also buy and not knowing there is an outstanding loan on it d). did he sent the V5C to DVLA since I have the green slip? e). Shall I fill in the form and sent it to Moneybarn? f). If Moneybarn has all my details they may send someone to repossess the car? 13. I decided, I will not undertake anything yet, because my mind said, go there, confront him, park the car in front of the company since I purchased it there and signed all paperwork in their office, they will call the police, the police will come and surely will not do anything but will force me to remove the car and park somewhere else, record all on camera, take all evidence, sent to Moneybarn and at the same time to the seller's employer (when I asked him to sign a letter he will settle the debt by Friday 23rd of Oct 2020, he used a paper of the car rental company, and on the back, the logo of the rental company is displayed clearly and he may have acted on behalf of the company to sell me the car, after all, I don't know if he holds the title with Moneybarn - well, this is an excuse for me to even sue the car rental company, or blacklist him with the company he is working for since it seems he is some type of manager there and he may have acted in the capacity as a sales person to sell the car to me on behalf the company....). 14. So on the 23rd of Oct 2020, I didn't do anything like described under 13....it's not my style as such I called AWH solicitors, explained all, and they said one person is specialized in dealing with such cases and will call me back after studying my case and inform me if it is something they can fight or not. So they will call me Monday the 26th of Oct 2020. I also said I want to go now and confront the seller, but she said better wait till Monday, and if they can fight the case, they will tell me the next course of action - but my funds are limited and cannot afford a lengthy battle, because if no case against Moneybarn means I will have to sue the seller to the court which will cost me. The car has comprehensive insurance and with all this saga I added on the 20th of Oct 2020 also legal insurance on top. Lengthy story, but I am trying to be as detailed as I can, and yes I should have done an HPI before buying the car, but I am from Holland and car sales work there a bit different, and this is my first time I buy from a private seller. Well, once I have sent the form to Moneybarn, I will park the car in a garage, and at this stage, I am renting a room in a house (there is one more tenant). Since I am from Holland, I am planning a trip within 2 weeks to visit my family and I will drive down with the car and in the meanwhile wait if the solicitor can be of any help. I need some advice though, I am still planning to drive down to the seller on Tuesday after I talked with the solicitor, park the car in front of the company, and confront the seller, and try to record all. I will also try to make him sign a letter that I purchased the car in good faith from him (regardless if he holds the title with Moneybarn or not but at least I purchased in good faith from him). Evidence that I have: 1. Car sales invoice 2. Paper that I made him sign 3. Gumtree ad; I could retract this from google history, but the original add removed from gumtree. At least I can show it was advertised 4. I tried to create a history of past owners, total owners including me are 5. It seems the car was also posted on gumtree before by a company in Essex (I saw on google). The reason for doing this, it is very likely that the seller purchased the car from someone else with an outstanding loan. Since then I read a lot on the internet, so please any advice is welcome to pursue my case, I paid a lot and at least I want my money back. Also what I read so far, Moneybarn is not easy to deal with...thanks in advance for any advice I can use for my case.
    • Hi   I think you need to check not just the serial number but what Meter Point Reference Number (MPRN) as the MPRN is what is registered and energy supplier go off as well as the serial number.   So you need to see what the MPRN is as well as the energy supplier it is registered with.   If you look at this Ofgem link: https://www.ofgem.gov.uk/consumers/household-gas-and-electricity-guide/connections-and-moving-home/who-my-gas-or-electricity-supplier   In the above link to do this check it gives a link to:   Find My Supplier: https://www.findmysupplier.energy/webapp/index.html (note you may have to complete a captcha, then input your postcode only and click find my address, when the list comes up click on your exact address, you will then see you actual MPRN and the energy supplier linked to your address)   With the above make sure and take the details of the MPRN and the Energy Supplier, better still take a screenshot/pdf the webpage.   Please let use know if on doing the above it matches your current supplier?  
    • I had exactly the same issues.   Grossly over estimated bills from January onwards.  Despite what they claim, they are effectively taking an interest free loan from their customer base to keep the company in business.   They can dress it up how they like.  It’s irrelevant if they reconcile the bills the following month because they just over bill again thus keeping a rolling interest free loan.   it took two months of constant badgering to be finally moved to a fixed DD.   Once that was done I didn’t care how much they over-estimated by.   I had raised a query with the ombudsman over the billing fiasco and they readied a complaint should I wish to proceed.   I thought everything was sorted until May/June whereby I was allegedly more in debt then I was expecting to the tune of an extra months DD.   On querying it, it transpired that even though I was on a fixed monthly DD, because the bill was generated less than 5 days before the DD was due to be taken they didn’t take the DD.   They offered £5 compensation by way of apology but wanted to take two months DD in June.  I told them where to get off.   With appalling customer service,  bills that you need a Maths degree to follow, and I do have one and still struggled, inability to follow through on any agreements, constant gross over-estimation, the missed DD was the final straw and I proceeded with complaint to ombudsman.   Prior to getting to that stage I had to quote Symbio’s own complaints procedure to them to get any sort of response.   Their final offer to me was £25 goodwill and to waive an exit fee. The offer was derisory given the time it had taken to get things sorted and the continuing ineptitude.  Also, the whole thing has dragged on so long (5 months) I was already in the final 49 days of my contract and therefore there were no exit fees to pay and therefore nothing to waive.   Anyway, upshot is, ombudsman found in my favour.  Ordered an apology and a goodwill payment. Symbio appealed but were told the decision stood.   This week I received the goodwill payment.   I promptly left an honest and truthful review on trustpilot.   The next morning I received an email from Symbio with an apology.   This was followed an hour later with an email from trustpilot saying Symbio had replied to the review.  On reading the response they have accused me of not following procedure and of cyber bullying.   The company is a complete joke.
    • why not simply tell you supplier they have the wrong meter number you been paying for usage , and ofcourse you can view this online too so its not as if you'll owe anything you might get a nice surprise and find you are owed a refund.
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      I wrote to all his creditors asking for supporting documents and not one could provide any material that would allow them to enforce the debt.
       
      As a result he stopped paying and they have been unable to do anything, one even admitted it was unenforceable.
       
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      The money you are paying them should, as far as you are able, be put to a savings account for yourself and as a means of paying of one of these fleecers should they ever manage to get to to the point of a successful court judgement.  After six years they will not be able to start court action and that money will then become yours.
       
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Should I change from DMP with Payplan to an IVA


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Been in a DMP with Payplan since May 2013,

 

 

was originally for 4 years but over the last couple of years due to a debt being added

and monthly payments reducing this is now showing as ending July 2020!

 

 

what worries me more is that even in July 2020 we still don't know if that wil be the end due to charges and interest being added.

 

Not even sure if we can both get iva as we have 2 debts with link financial and I have been told they reject a lot of iva's.

 

My worry about an IVA is at the moment of budget is not 100% accurate and would have to change as I know they require more proof of your expenditure.

 

 

We are currently left at the end of the month with a bit of spare money which allows us to have a bit of a life

(money for Xmas for my son and days out for him) on this plan but know we should really put everything into paying our debts off

 

 

but this way it just makes life a bit for manageable.

 

We currently pay 360 month to Payplan and have £21500 debt left and have paid 12000 off so far. I keep reading lots of stories about iva's that scare me but just want to get this debt paid off. Me and my husband both have old cars and I do worry about replacing them as we both pay lots of money in repairs and mot.

 

Grateful for any advise

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what, paying LINK?

 

 

you have ofcourse sent all the people you are paying a CCA request?

 

 

list your debts

when

from whom

who you pay now

it is on your credit file?

defaulted date

 

 

dx

please don't hit Quote...just type we know what we said earlier..

 

DCA's view debtors as suckers, marks and mugs

 

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

 

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

 

 

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Agree with dx. get the CCA requests off now. You are very likely paying money you do not need to, especially if link are involved.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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Hi DX - my debts are as follows -

Barclaycard £3,731.29

Barclays Bank Plc £51.14

Barclays Bank Plc £597.77

Barclays Bank Plc £1,511.34

Barclaycard £3,198.50

Argos card £390.62

Link Financial Ltd£1,677.12

Link Financial Ltd £3,832.10

Tesco credit card £2,545.25

Tesco Bank credit card £1,352.58

Wescot Credit Services £2,518.52

 

not checked my credit file for a while - sorry but have heard of CCA requests but don't know anything about them.

 

I don't even think I could go on an iva as I can afford to pay all my debt off and it wouldn't take 5-6 years as it is on an IVA. I just worry with the DMP if it will not end unti l quite a bit after 2020 because of interest.

 

Thanks

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as said who say all these debts are enforceable anyway?

 

so other than the with link and wetcloths

the others are all still with the original creditor and you are paying them directly?

please don't hit Quote...just type we know what we said earlier..

 

DCA's view debtors as suckers, marks and mugs

 

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

 

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

 

 

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yes the others are with the original creditors,

 

I pay them through my DMP with Payplan.

 

Can you explain what a CCA request is?

 

do you suggest that I check my credit file?

 

is it a case of checking that all my creditors are on there

or is there something else I should be looking for?

 

Thanks

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click the CCa request

I'd be sending one certainly for each debt with plink

and the one with wetcloths.

 

 

can you remember what the original debts were please?

 

 

yes go get your credit file.

if all the debts show

defaulted date etc etc

 

 

don't worry we know you are green.

 

 

one step at a time.

 

 

dx

please don't hit Quote...just type we know what we said earlier..

 

DCA's view debtors as suckers, marks and mugs

 

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

 

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

 

 

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dates when you took each out first please

 

 

if before apr 2007 then DEF CCA plink!!

 

 

dx

please don't hit Quote...just type we know what we said earlier..

 

DCA's view debtors as suckers, marks and mugs

 

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

 

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

 

 

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I would not recommend an IVA at all. They are usually set up to fail anyway..

 

I would suggest you do a proper calculation and factor in the following.

 

Are all the debts in both your names or do you have some joint and some individual.

 

Do you own your own home ? If so, then the following will be of no use.

 

If you don't own your own home, then it might be worth considering a Debt Relief Order, if one of you has debts that total under £15,000 . This will increase to £20,000 in October of this year.

 

In which case, have a word with National Debtline as an alternative to an IVA.

 

First of all, however, do as dx has suggested - check each of your debts to see if they have either default/penalty charges that can be reclaimed - or Payment protection Insurance that might have been mis sold.

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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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and ofcourse don't forget ppi and penalty charges reclaiming...

please don't hit Quote...just type we know what we said earlier..

 

DCA's view debtors as suckers, marks and mugs

 

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

 

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

 

 

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First job, send out a CCA request at advised. Especially to those lovely people at barclaycard who wouldnt reduce my interest or accept lower monthly payments. Unfortunately they couldn't produce a CCA and cannot take me to court.

 

You say you don't know if interest is accruing? Haven't you received the annual statements your legally entitled to?

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First job, send out a CCA request at advised. Especially to those lovely people at barclaycard who wouldnt reduce my interest or accept lower monthly payments. Unfortunately they couldn't produce a CCA and cannot take me to court.

 

You say you don't know if interest is accruing? Haven't you received the annual statements your legally entitled to?

 

Interest cant accrue on them if the debt is sold. By the contract the interest stops when it defaults or is terminated.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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terminated yes

please don't hit Quote...just type we know what we said earlier..

 

DCA's view debtors as suckers, marks and mugs

 

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

 

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

 

 

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Thanks for the comments, spoke to somebody the other day about an IVA but we would end up paying back more than we owe so will stick to the DMP with Payplan.

 

I am waiting to get access to my credit file to check dates and defaults and will send out CCA requests. I haven't received annual statements so I am going to request these so I can check for any charges and interest. A few people have mentioned about reclaiming penalty charges - how does this work?

 

Thanks for all the advice

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Dont wait. Get those CCA requests out first thing in the morning. Get the timer rolling. The longer you leave it, the longer you will be cash cowed.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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Just gone on to check my credit file and this is what I've found -

 

Barclaycard £3,731.29

- not showing as defaulted

we are paying reduced amount through DMP

however payplan not always pay on the right date so its shows we are 1mth in arrears.

 

Barclays Bank Plc £51.14

- this was an O/D but is not showing on my credit fil, could this have been written off?

(have found an account settled in 07/13 and think this is the one)

why am I paying this through Payplan then!!

 

Barclays Bank Plc £597.77 defaulted 07/13

 

Barclays Bank Plc £1,511.34 - this is not showing on my credit file but pay via Payplan (this was a loan)

 

Barclaycard £3,198.50 (husbands debt)

 

Argos card £390.62 not showing as defaulted but pay through Payplan

 

Link Financial Ltd£1,677.12 (MBNA card taken out 08/12) defaulted 04/14

 

Link Financial Ltd £3,832.10 (husbands debt)

 

Tesco credit card £2,545.25 (husbands debt)

 

Tesco Bank credit card £1,352.58 defaulted 08/13 (card taken out 08/12)

 

Wescot Credit Services £2,518.52 (AA loan taken out in 04/09) shows as capital bank not Wescot defaulted 10/13

 

Couple of questions -

should they show as defaulted when I went to DMP or not?

 

if debts aren't showing on my credit report should I be paying them?

 

What is the advise for sending the CCA request - do I send for some or all?

 

Many thanks

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Just gone on to check my credit file and this is what I've found -

 

Barclaycard £3,731.29 -

- not showing as defaulted

we are paying reduced amount through DMP

however payplan not always pay on the right date so its shows we are 1mth in arrears. - send a CCA request

Barclays Bank Plc £51.14

- this was an O/D but is not showing on my credit fil, could this have been written off?

(have found an account settled in 07/13 and think this is the one)

why am I paying this through Payplan then! - prob already defaulted more than 6yrs ago!

Barclays Bank Plc £597.77 defaulted 07/13 - what is this type of account?

Barclays Bank Plc £1,511.34 - this is not showing on my credit file but pay via Payplan (this was a loan) - - send a CCA request

 

Barclaycard £3,198.50 (husbands debt) - send a CCA request

 

Argos card £390.62 not showing as defaulted but pay through Payplan - send a CCA request

 

Link Financial Ltd£1,677.12 (MBNA card taken out 08/12) defaulted 04/14 - send a CCA request

 

Link Financial Ltd £3,832.10 (husbands debt - send a CCA request

 

Tesco credit card £2,545.25 (husbands debt) - send a CCA request

 

Tesco Bank credit card £1,352.58 defaulted 08/13 (card taken out 08/12) - send a CCA request

 

Wescot Credit Services £2,518.52 (AA loan taken out in 04/09) shows as capital bank not Wescot defaulted 10/13 - send a CCA request

 

Couple of questions -

should they show as defaulted when I went to DMP or not - yes..or earlier.

if debts aren't showing on my credit report should I be paying them? - depends

What is the advise for sending the CCA request - do I send for some or all?

 

Many thanks

 

 

dx

please don't hit Quote...just type we know what we said earlier..

 

DCA's view debtors as suckers, marks and mugs

 

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

 

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

 

 

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Barclays Bank Plc £51.14

- this was an O/D but is not showing on my credit file could this have been written off?

(have found an account settled in 07/13 and think this is the one) - date was July 2013

why am I paying this through Payplan then! - prob already defaulted more than 6yrs ago! - this only defaulted in 2013

 

Can I ask about the CCA requests - is there any point in doing this when I know they are my debts which I have been paying through Payplan.

My DMP works fine and I don't have DCA chasing me or on my back so its not like I need any breathing space.

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but whos to say the debts are enforceable???

 

 

get the CCa requests running

 

 

dx

please don't hit Quote...just type we know what we said earlier..

 

DCA's view debtors as suckers, marks and mugs

 

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

 

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

 

 

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Why wouldn't they be enforceable when I know they are my debts?

 

Sorry to keep asking its just that I don't want to go to the trouble of sending all the requests out for nothing.

 

Is it a case of if they cannot produce a CCA then I never pay them again? I don't really want any hassle or having to go to court.

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GO READ A FEW THREADS>>>>

 

 

they cant do court without an enforceable CCA

 

 

those still with the OC's then they prob will

but those debts sold to a fleecing DCA

ESP those with LINK

there will prob be something WRONG with the debt.

 

 

 

 

as your elf this...

 

 

a big multi-national company sold my debt to a debt buyer/DCA.....

why???

 

 

if they had taken me to court the big powerful company would crush me...

so why did they sell it to a DCA???...urm....

 

 

just remember the bottom line here...

 

 

a DCA is NOT A BAILIFF

and have

NO SUCH LEGAL POWERS.

 

 

dx

please don't hit Quote...just type we know what we said earlier..

 

DCA's view debtors as suckers, marks and mugs

 

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

 

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

 

 

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Thanks dx, will definitely send out cca request to.link. If I pay by cheque for £1 who do I make it payable and I know I've read not to sign the letter but what about the cheque?

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why use a cheque you are giving them your sig...

not a good idea when you are after a copy of your signed agreement..:lol:

 

 

use a blank £1PO

 

 

dx

please don't hit Quote...just type we know what we said earlier..

 

DCA's view debtors as suckers, marks and mugs

 

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

 

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

 

 

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