Been Blindly paying various DCA's for years - Cabot/Mortimer - Old tesco card debt - wont accept token payment - threatening legal action amongst others...

[ellie2023]

I am new to this site and cannot work out how to get in contact with the users whose conversations and knowledge made me want to come here to ask for help.

How do I contact  - dx100uk?

And do people actually help people here by writing to the companies or is it just advice? 

This debt is pre-2007, and I have had ill health since then and just starting to get better. But am not there yet.

I read on other threads they have to accept the token payment if you have given them a budget but on ringing a debt agency they said they can refuse and take me to court.

The debt is for 3k or there about.

So what is the truth.

Can they take you to court if you have kept in contact, are sending them something (token payment) .

I am happy to pay the debt when I am earning enough, but just now I am not and in precarious work.

The stress from them phoning me will set off health stuff. I tried to contact 

dx100uk by private message but havent posted enough. thanks

[dx100uk]

we dont allow any help privately as it helps no-one bar you.

how would you have known to post here if we did everything privately...there would be no threads...

whats the debt all about please

tell use about the debt.

whos the Original Creditor 

what type of credit

when did you take it out

when did you last use or pay it.

who owns the debt now.

 

one last point...NEVER EVER EVER RING A DCA

they will lie and CHEAT you out of money

they are NOT BAILIFFS

and have

ZERO legal powers on ANY DEBT - no matter what it's type

dx

 

[ellie2023]

Yes of course re other peoples threads but a little bit of both helps us who are shy.

I had it on a token payment and it got mistakenly cancelled and now with a solicitors (dont want to say their name) .

Its from 2007, but was taken out before maybe 2004. Its from an old credit card from tesco.

Went to metropolitan (I think hard to keep up with changes) and then cabot now with a solicitors who seem to be threatening me with court if i dont pay more than the token fee.

I have sent a budget etc I have about 20 quid spare. 

It would be really helpful for me to know what legislation or policies and powers they have ?

When I phoned a debt management company they only offered me a reprieve of 60 to try and offer more money but I dont have it .

I will pay this off but not now my health isnt good and I have little left over at the end of the month.

thanks

 

i just need someone to put my mind at rest

 

 

[dx100uk]

as i said 

no dca nor their solicitors have any legal powers.

you have exactly the same legal powers as they do.

stop being a DCA scaredi cat.

have you moved since taking this debt out and not told tesco's before the sale of the debt nor cabot/mortimer since?

dx 

 

[London1971]

Just one thing to get out of the way .DO NOT PAY THEM ONE PENNY

 

When was the last time you made  a payment?

 

 

[ellie2023]

Where do I get the proof they dont have any legal powers? Is it the FCA? I dont actually know what a DCA is?

I did move but was ill for a long time then updated them all.

They were all on token payments. This one now is demanding more

I was making payments for a £1 but mistakenly this one got cancelled and trying to set it up again I am being threatened with court etc. I just wish I knew the law on this stuff and I dont

DCA - Debt Collection Agency..........

[London1971]

There are organisations that have a legal right to ask for your budget, they include HMRC, Tax Credits, DWP, Customs & Excise, Council Tax. A bunch of cowboys that brought an old debt of yours for 10 p in the pound isn't one of them, that in essence is what a Debt Collection Agency is.

You are quite welcome to keep paying them every month, that is your choice, but I assure you it's like flushing money down the toilet. If you want to listen to me, I can tell you how to stop this in it's tracks, for the price of a first class stamp. Are you interested?

 

[dx100uk]

just stop all payments to any DCA end off.

then await to see if you get a letter of claim

if you do 

then comeback here.

until then do NOT send them anything, speak on the phone, respond to texts, phone calls or emails. - ignore everyone totally

as long as YOU have written to everyone you have been blindly paying and running the statute barred date of each of your debts into infinity by blindly being a cash cow, you have no worries.

ive move you to the debt self help forum

i suggest you spend the next several days 

you dont need proof they have zero legal powers - you READ THREADS.

Debt management and Debt self-help - Consumer Action Group

clickme ^^     scroll down to threads ...get reading up!

 

 

[ellie2023]

Is that how cheap it is, 10p in the £1.00. Yes I am interested. What now?

 

 

Edited July 26, 2023 by dx100uk
unnecessary previous post quote removed

[dx100uk]

read my last post please

dx

 

[ellie2023]

Cant they get bailiffs on to you? And take you to court?

Edited July 26, 2023 by dx100uk
unnecessary previous post quote removed

[London1971]

Yup read DX's last post, you can either totally ignore them and keep your powder dry, keep reading up other threads, and do this later, what I am about to suggest.

Personally , because your debt is so ancient, I doubt whether, they would ever come up with the goods,

You could send a CCA letter now, via Royal mail,

They will either not bother replying, or will send you a letter telling you the debt is now unenforceable, and we will be back in touch. Either way after 12 business days there is stuff all they can do.

I'd put the chances at very , very low of them digging up your 16 year old agreement, which is why they brought the debt for so very little in the first place.  Oh and before you go worrying bout your credit file, this debt would have disappeared long long ago.

The advantages to you of sending one now, is for your health, no more collection letters or calls, plus very likely a written acknowledgment that is no longer enforceable.

[ellie2023]

im not as confident as you and have health issues this will just make me more stressed.

Edited July 26, 2023 by dx100uk
unnecessary previous post quote removed

[London1971]

That's Why in your case I'd send a CCA letter now if you read my post, I think they are in the letter library on here still

 

 

[ellie2023]

ok thanks.

I will read through this. Is this what the postage stamp was for?

So they find it and send it to me and then what?

Or they cant find it and it means the debt doesnt exist anymore?

Sounds too good to be true.

Have you yourself had success with this then?

But they are threatening a CCJ and they could do that, its easy for them.

I couldnt have that on my file.

If they file a CCJ against me, thats no good is it

ok I have thought about a way to do this that doesnt have them pulling a counter offensive.

I pay them a token fee for now, and in the meantime ask for the credit agreement.

Im in too vulnerable a position to not engage with them.

This way I am paying something and still asking for a copy of the agreement, which they may not be able to find .

what do you think about that?

My fear is I ask them for the credit agreement, and they threaten me with court or I ask them for the credit agreement , they find it and then they issue the CCJ.

If I pay them something and I ask for it (CCA) then can't issue a CCJ can they?

What do you think?

I will pick this up tomorrow but thanks for this and what a great site.

Ellie

[dx100uk]

you need to read threads.

STOP ALL PAYMENTS.

make SURE you have Written to each DCA you (were) paying stating your current address.

IMHO do NOT send a CCa request UNTIL you get a Letter of claim on any Debt.

DON'T FIRE YOUR BULLETS YET....Stop payments - wait!!.

10'000 of people have done this.

 

you really really really need to READ THE THREADS I POINTED YOU TOO.

your health/mental/whatever is NOTHING to do with anything and is TOTALLY immaterial

they have ZERO CARE NOR MORALS - SO SHOULD YOU..THROW the morality card out the window.

 

stop being a scared DCA CASH COW.

 

dx

 

[ellie2023]

Listen I really appreciate your experience and the links to threads, I have read them, but still to take them them in. 

But can I ask you to respect the fact that when you are ill you dont have access to normal energy so everything takes longer, also you dont think like your normally do.

You will know this because you will have been ill at one point in your life.

I agree they have zero morals but I dont want to join them, and for my own sanity need to make sure I am safe.

You sound like a bit of a warrior and god love you for it, but I  am not.

No big deal, thats just how it is.

Encourage me, dont put pressure on me for not being as brave as you.

Edited July 27, 2023 by dx100uk
unnecessary previous post quote removed

[London1971]

Yup, @dx100uk that's why I suggested sending the CCA now. Certain to put the brakes on collection activity, i.e letters, phone calls etc You or I would brush this off without a second thought but the OP is clearly not able to.

Postage stamp, was referring to sending the CCA letter.

As for the CCA, being successful... Well you should know that I was in afar worse debt situation than yourself, and it certainly worked for me. I can't show you the paper trail of one of my debts, but if I could you would instantly understand what I mean.

To get to the root of the matter you need to think about why whoever the original creditor was didn't take you to court and crush you instantaneously? Why did they instead, pretty much write it off and sell it to a Debt Collection agency for likely 10 p in the pound (yup your £3k debt cost the DCA £300).

The actual reason is because the debts are flawed in one way or the other, and they are sold in batches to DCA's, usually without paperwork, your debt  likely just a number on an Excel Spreadsheet. The DCA's job is to try and get you to pay, any which way. Fortunately they have no actual legal powers to do this, just fear tactics, that is what @dx100uk is trying to get across to you.

The CCA letter is the easiest way to exploit the weakness of the debt, because in your case, it's likely everything has been long disposed of paperwork wise. Think about it, who keeps records for 16 years lol..

Just do as I say and you will be back here in 2 weeks thanking us.

[ellie2023]

@London1971 I'm going to do exactly what you say.

Be back to let you know wish me luck!

And thanks for getting me and my limits just now.

Incidentally the original creditor, do they get some insurance claim back when a debt cant be paid? I

was of the understanding that there was some payback for them if you weren't in a position to pay and then they sell it on - so its quid's in for them either way. Am I right there?

Despite being an intelligent person, I cant read legalese. And I defiantly can't do it when I am ill.

Does anyone know what this is saying.

Is it saying not all CCA requests stop the harassment via threat of court action or is it saying they do?

Thank you Ellie

Edited July 27, 2023 by dx100uk
unnecessary previous post quote removed

[dx100uk]

just type ellie no need to keep hitting quote

just make a thread twice as long and makes it difficult on small screen phones to find your reply.

just to be clear here, there is not really much legalise to understand really , the fact that a debt owner might not have any enforceable agreement or indeed any paperwork, doesn't remove their debt owners rights to send you letters or chase the debt,

the consumer credit agreement rules/guidelines simply state in E&W that without an enforceable agreement a debt owner cannot enforce any court judgement they might get, so they dont bother with court.

this is why im saying its my view (which is what forums are for - differing opinions/ advice)  is not to send out any CCA request till you get a letter of claim, which a debt owner must send under the pre-action protocol rules, before thinking about court.

as for what the original creditor gets, they get nothing once sold, anything you pay the debt owner goes straight into their free money to spend down the pub or to fund harassing 10'000 of other debtors like you.

the OC , once a debt is sold for 10p=£1, they get money via tax clawback and industry insurances . its part of their business model.

dx

[London1971]

Ellie, in my experience, sadly that has been of having a considerable amount of debt, and at least 25 different debts, The CCA puts the brakes on all the Calls, letters and other BS.   It is actually better to do it when @dx100uk says, in most cases but if it's stressing you out then do it now.

DCA buys debts for dirt cheap, wants easy quick money, the one's who they can scare into paying, the one's who are trying to hide and haven't given their correct address. Once you send a CCA, they know you will be a far tougher nut to crack, and they know you likely are getting great advice from this place. I've never had a CCJ from a DCA that I sent a CCA to.  In fact I've sent out more than 20 and only ever received 4 agreements back.

Hopefully that will give you some context. Whatever decide you do , do not pay them another penny 

 

[ellie2023]

sorry mate re quote, I am also a luddite too. I am not, I am just not right just now. OK thanks for this have read it over and will read over tomorrow when I am feeling better and be able to absorb it. Great site, thank god it was set up!