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Mass complaint ;Add your name here if a dca has acted incorrectly with your account.


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Guest Ecoecho

MBNA for harrassing my daughter telephonically over a debt that is not hers, because I gave that as an address, despite being told that I have never lived there and was using it as a postal address; for threatening her - telling her they were sending the bailiffs in to attach her household goods, despite being told that I do not live there and am now living overseas; for implying to my daugher that they know where I am in order that she would then be tricked into confirming this [if they had known where I was why were they still threatening her?].

I have just received an email from her saying the following:

'Just received another letter advising me of a possible warrant of execution enforced legally with police (to gain access whether I am in or not) whereupon Bailiffs will seize goods in the home and then add their fees to your overall debt'

Edited by Ecoecho
to add something just received
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The police can only help bailiffs when a court has issued an eviction order. In all other matters they can only be present to ensure there is no breach of the peace, they may not help the bailiffs enforce anything.

Also, a bailiff can only be used when you have been to court, found guilty and have not payed what you have been ordered to pay.

They are just trying to threaten you. If they did come round refuse them entry as they have no legal right to enter the home, especialy when they are just working on behalf of a DCA.

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Namely a kenny bloke on behalf of whyte and co bailiffs who clamped a vehicle and then put a notice through a door of immobilisation. Of course charged £700 for the pleasure. Including a clamping fee which is illegal as ruled in the recent marstons case.

So whats cooking today ?

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Wescot - none compliance of a CCA. They continue to hound me by letter (they don't have my phone number) plus they have sent this debt to a security collections firm and a doorstep collector turned up - we didn't answer the door, anyone know how I deal with this please? Also is there a general letter I can send for none compliance of a CCA? They are now sending letters threatening to return this debt to the original creditor and instruct them to start legal proceedings.

 

Halifax credit card continues to add £12 charges on top each month even though there is no credit agreement.

 

moorcroft sent me some else's credit agreement, not mine.

Lloyds TSB -Settled in full 30/08/06 :)

Now whoes next :)

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1st Credit: bought a debt from Halifax that was disputed and - even though they knew it was disputed and I am a chronically sick, disabled single mother - repeatedly phoned me and bullied me with threats about knowing when I bought my house and how much it was worth... Also bragging that I couldn't use any recording of a phone call in court so it wouldn't matter if I was recording their harassment as it it would be 'my word against theirs' in court (so the inference is they would commit perjury...) When I requested all data on me it turns out they put down very selective 'notes' from phone calls: leaving out the threats and thuggery. They should not have a license - of the half dozen organisations I'm dealing with they're by far the most breathtakingly worst! Linda

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Don't members of this site think it may be time to get someone like Watchdog envolved with this now?

It is apparent that the vast majority of DCA's are acting unlawfuly as are many of the original creditors.

Maybe if we could persuade them into helping in a sting on some of these DCA's the rest may toe the line when they get the bad publicity and/or legal action taken against them.

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Good idea. I can tell you that 1st Credit are very much on the back foot at the moment cos of bad publicity and fearing they'll lose their license. In a recent of exchange of gunfire (letters at dawn) I said I would be claiming damages for harassment and had heard they're in danger of losing their license cos of bad behaviour etc and they wrote back very upset saying how reputable they were and how pleased they were to be working closely closely with the OFT to become even more so!!! And that they couldn't think that anyone would say a bad word against them (or words to that effect...) I replied saying - if they took me to court - I'd be wanting the most bullying thuglet in the witness box for cross examination and also the owner who incited them to act in this criminal way. And - if they wanted to be exposed - go to public court. Like all bullies, they're cowards under it all.

 

What I'd most like changed is this idea they can put a charge on a home when the very activities of banks have cost us all so much already. My home is my only security and pension. I'd never touch credit again, but I do think this pro-active marketing and reckless lending approach they took, coupled with this idea most of us had that it's meant to be 'unsecured' misled a lot of people now we see they can take a charge. (Not something advertised at the time as it is with a mortgage/secured loan.) I'm sure everyone thought they'd be able to pay back - but redundancy, illness etc can strike anyone and - with them being able to claim some of your home - it can be pretty desperate. How about we try and change the readiness of courts to do that in view of the fact the banks have messed up so badly now and caused mayhem all round? Maybe we should do a letter to our MPs to get ball rolling. Can anyone do a template letter who is more legally minded and up to speed with the issues than I am?

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Here I have a lovely letter from advantis credit. Note the "person" it is addressed to. I have never had an account with Powergen or Eon in my puff, and have resided in this property for 5 years.

 

20032009213257.png

My advice is based on my opinion, my experience and my education. I do not profess to be an expert in any given field. If requested, I will provide a link where possible to relevant legislation or guidance, so that advice provided can be confirmed and I do encourage others to follow those links for their own peace of mind. Sometimes my advice is not what people necesserily want to hear, but I will advise on facts as I know them - although it may not be what a person wants to hear it helps to know where you stand. Advice on the internet should never be a substitute for advice from your own legal professional with full knowledge of your individual case.

 

 

Please do not seek, offer or produce advice on a consumer issue via private message; it is against

forum rules to advise via private message, therefore pm's requesting private advice will not receive a response.

(exceptions for prior authorisation)

 

 

 

 

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Let a few of the roll up and then go to court like that woman did against British Gas last month and they're being done for harassment! (Google Harassment and British Gas - I'm pretty sure it was!) You can make some money out of them!

 

Is it extortion/fraud though - demanding money you have no right to? Note: your cheques aren't good enough! I suppose it must work sometimes with the elderly/confused...?

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TBI financial services ltd, reading. no valid cca (application form), double default for same debt, 2nd one while account in dispute. threatening legal action while account in dispute.

Advice & opinions given by spartathisis are personal, are not endorsed by Consumer 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.:)

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Don't members of this site think it may be time to get someone like Watchdog envolved with this now?

It is apparent that the vast majority of DCA's are acting unlawfuly as are many of the original creditors.

Maybe if we could persuade them into helping in a sting on some of these DCA's the rest may toe the line when they get the bad publicity and/or legal action taken against them.

excellent idea. Something definitely needs to be done and lets face it the OFT will not get off their backsides until they are pushed into a corner and they are on the receiving end of bad press.

Lloyds TSB -Settled in full 30/08/06 :)

Now whoes next :)

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Here I have a lovely letter from advantis credit. Note the "person" it is addressed to. I have never had an account with Powergen or Eon in my puff, and have resided in this property for 5 years.

 

20032009213257.png

 

How utterly absurd I'm sure that one would have been laughed out of court, how on earth can they sue any occupier of a property who is obviously nameless for a supposed debt? They need to stick their hand out of bed and see if they are awake.

Lloyds TSB -Settled in full 30/08/06 :)

Now whoes next :)

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TBI financial services ltd, reading. no valid cca (application form), double default for same debt, 2nd one while account in dispute. threatening legal action while account in dispute.

2 defaults on the same debt? Is that actually legal? somehow it doesn't add up does it?

Lloyds TSB -Settled in full 30/08/06 :)

Now whoes next :)

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2 defaults on the same debt? Is that actually legal? somehow it doesn't add up does it?

No it's not. I had one like that in December and within 24 hours Experian had removed it when I told them if it wasn't gone they would be going to court.

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Cabot Cabot Cabot Cabot !!!! Awful people, harrassing with phone calls and letters for debts they have no agreements for and insisting they have the legal right to collect.... refusing to cease telephone calls despite being sent a letter about phone harrassment.... Insisting that application forms with no terms are valid executed agreements..... adding thousands in charges...

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Worst one I had was Rma/uca who are infact the same firm. They claimed a £570 file referal fee to move the paperwork from the nco desk to the uca desk and then when I challenged them that uca weren't a listed company with companies house and had no licence to process data at that address it suddenly went back to Rma.

The fee is still on the account though!

Don't ever talk to these people on the phone it'll just warp your mind.

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dont touch flm loans it is like a death penalty read Ripoff report for comsumers.i was Guarantor for daughter in law for loan she could not pay so they take it out of your bank,i signed it in 5 mins and she told me it wont come down to me.i did not recieve a contract so could not change my mind.i am sure i should of had a contract so could read and could change my mind in 7 days.i paid it off on 246h of feb this year and not recieved reciept.i paid £2,797.33 in front of my bank manager. I know took my daughter in law trust the marriage has broken up now.

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yes this is a very good idea we all moan but how many of us do something about it.

 

DLC who put a charging order on my house. I have since been repossed and ended up paying them all their money. I was paying them £15.00 a month then out of the blue they stopped taking my payments and they told me that they instructed the solicitors to not take any payments so they could put a charging order on my house, which they succeed because I was unsure fed up down. I was so mad I offered them £2.00 a month, they threatened to send ballifs I wrote them a letter about there practices and they accepted the offer. But they got all there money now. but im gonna claim my charges via them.

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I was paying them £15.00 a month then out of the blue they stopped taking my payments and they told me that they instructed the solicitors to not take any payments so they could put a charging order on my house, which they succeed because I was unsure fed up down.

 

Hi Satoriea

 

I feel so angry that this happened to you :evil: The fact they took advantage of you because you were unsure of your rights and were feeling low - that happens to so many people, and is why sites like this one are SO important.

 

I am sure that if you had felt well enough you could have legally challenged them at the time about this. If the Court made an order for you to make regular repayments then the DCA or Solicitor has to stick to it as much as you do. In my case I was told that they could only go for a Charging Order if I failed to make 2 consecutive repayments and gave no explanation why, and even then it would have to go back to court for the Judge to look at. The Judge said if ever I found repayments difficult I could apply back to court myself for them to be reduced.

 

Love SG x

Please note I am not legally qualified, I am offering advice based on my own personal experience in the hope that it may be of help to others in a similar situation.

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Helping my sister with her debts, we've had major problems with:

Mercers (does that count? - as they're part of Barclaycard) - When my sister complained that they'd sent a nasty text - she complained because her 12 year old had read it. They said she shouldn't let her 12 year old daughter read her texts!!! We have written many times asking them to only comunicate in writing. They continue to harass by telephone & text. Refuse to accept £1 pcm (although all other creditors have) without CAB (or similar) "formal approach" although we have financial statement from CAB and Ref No. CAB have been too busy to see us - will try again next week.

RMA: Phone all the time despite written requests for letters only. When they write it is to say we can't get hold of you (by phone!). We write back saying put it in writing!

Eversheds: Harass by phone, post card, threaten to visit. Say they are "solicitors" - only one solicitor in department. Chasing a successfully PPI-disputed amount from Halifax loan (amount they were chasing reduced by £4k with PPI refund). They have stopped the phone-calls now but only after many many complaints to them & Halifax & (general complaint to OFT and threats to go to Solicitors' Regulations Authority and Legal Complaints Service.

My sister and her partner were under so much stress with daily phonecalls from all the above and others (Blair Oliver Scott, GE Money etc etc) they were failing to get on top of priority debts. This is where so many people get bullied and pressurised into paying what they have into the non-priority debts and end up losing their homes. They have 2 suspended possession orders hanging over them.

grrrrr:mad:

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Helping my sister with her debts, we've had major problems with:

Mercers (does that count? - as they're part of Barclaycard) - When my sister complained that they'd sent a nasty text - she complained because her 12 year old had read it. They said she shouldn't let her 12 year old daughter read her texts!!! We have written many times asking them to only comunicate in writing. They continue to harass by telephone & text. Refuse to accept £1 pcm (although all other creditors have) without CAB (or similar) "formal approach" although we have financial statement from CAB and Ref No. CAB have been too busy to see us - will try again next week.

RMA: Phone all the time despite written requests for letters only. When they write it is to say we can't get hold of you (by phone!). We write back saying put it in writing!

Eversheds: Harass by phone, post card, threaten to visit. Say they are "solicitors" - only one solicitor in department. Chasing a successfully PPI-disputed amount from Halifax loan (amount they were chasing reduced by £4k with PPI refund). They have stopped the phone-calls now but only after many many complaints to them & Halifax & (general complaint to OFT and threats to go to Solicitors' Regulations Authority and Legal Complaints Service.

My sister and her partner were under so much stress with daily phonecalls from all the above and others (Blair Oliver Scott, GE Money etc etc) they were failing to get on top of priority debts. This is where so many people get bullied and pressurised into paying what they have into the non-priority debts and end up losing their homes. They have 2 suspended possession orders hanging over them.

grrrrr:mad:

 

 

Moorcorft have been harassing me for a year and half acting for Thames Water on a water bill for an address I do not live in or a property ihave ever owned . During the course of business we had reason to contact Thames Water about the new occupier of the property and despite letters and written confirmation that it has nothing to do with me they persist. I suggested they did a land registry search and they could see from public records that this is true. The calls would come every hour on an evening and start with can you confirm your name and address if you cannot we cannot talk to YOU !!1, and then the debt letter sent to me personally. I know who lives the but the data protection act prevents me from giving that informatoin . They are the pits and should be struck off !!:evil:

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