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I need some help please with a Debt Collecting Agency, (DCA)


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Hi all I need some help please with a Debt Collecting Agency, (DCA)

 

I recently received a letter from a DCA stating that if I did not contact them they would start Court proceedings against me for a debt.

 

I believe that the DCA company did not give me enough time to answer to their letter they sent and that they have started proceedings without giving me a chance to answer or ask them questions about this debt.

 

My question is simple

does the DCA have to state when this 14 days begins,

or is there a law that states that they must give five days for the letter to arrive in the post from the date of the letter that they send similar to the Court claim form?

 

Here is the sample of the dates,

don’t want to give precise details as I am concerned that these agencies follow these sites and use the information as part of their claim against individuals.

 

 

But these dates are the same in length of notice time that I received.

Working back on these dates seem to me to be unreasonable.

 

Letter from DCA dated on 27/10/2016 (Must respond in 14 days) but this letter arrived on 2/11/2016 at my address.

 

Claim form arrived on the 16/11/2016 but the Court Claim form had the date 14/11/2016 on it.

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I don't think a letter before action has to provide say 21 days notice, before they issued a court claim.

 

You would be best advised to post full details of the court claim received on the financial legal page on CAG. A company like Lowell seem to issue hundreds of court claims every week and whilst they might read CAG, there is b*gger all they can do, if someone properly defends a claim. If you see the legal page, a significant number of claims that are defended, end up being discontinued.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

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Thread moved to Financial Legal Issues..please continue to post here to your thread.

 

Have you actually received a Court Claim N1 ? or is this a hypothetical post ?

 

If you have and it was dated 14/11/2016 have you defended the claim ?

 

Who is the DCA ?

 

What is the debt ?

 

Lets avoid the smoke and mirrors and have the details of whats going on.

 

Please read the following link and then copy and paste the Q,s and your responses back here.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?419198-You-have-received-a-Claim-What-you-need-to-do.-**UPDATED-2016**

 

Regards

 

Andy

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we need that link done please

no need to hide anymore

too late for that now.

and the fact they didn't comply to pre action protocol is somewhat immaterial now.

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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The first question I would ask is what has forced this question now 7 months down the line from when the claim was issued? I'd be highly surprised if they haven't had a judgment by default registered by now... Please respond to the link in post 3 so that the guys and girls here can help you forthwith if there's anything left to salvage that is...

THE VIEWS POSTED BY MYSELF ARE STRICTLY MY OWN OPINION AND CANNOT BE RELIED ON FOR LEGAL PURPOSES.

IF IN DOUBT, CONTACT A QUALIFIED LEGAL EXPERT

SWISSTONI

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  • 3 weeks later...

Hi Andy,

 

Yes have received N1 form and filled it in on time and sent back.

The dates i placed here as i stated were not the correct dates but the same time scale.

 

 

I believe the DCA started proceedings before actually giving me the 14 days to actually respond to them and that's why i was asking the question really.

 

 

I am reticent to give too much details here but the debt is a credit card debt on an account opened before 2002. Shoo smiths were acting on behalf of Arrow Global, this is what is stated on the County Court Form.

 

I have requested a CCA from both companies and sent the one pound fee but as of yet have not received any response to my letters and emails.

 

 

Not sure what i should do next because i have not received any further information from the County Court either. They did respond to say the received my defense.

 

Any advice or thoughts would be appreciated. Many thanks

 

Bobs

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there are 100's of thread here wit the details of that link andy post

please give us the info we need to help you.

 

 

fill that link out please

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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Very difficult to advise Bob without the details...the particulars of claim.....the history of the debt......your defence......what stage you are at now ?

 

Like asking me what I thought of the book and you wont tell me the title:wink:

 

Regards

 

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

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