What to do? Please help!! Getting stressed.

[ODC]

This is typical DCA practice. They leave you alone for a while and then try to catch you on the hop. Contact them in writing and ask for a copy of their complaints procedure. Make an official complaint to them and to Trading Standards. If the DCA fail to address your complaint contact the FSO. As Kenny (well know purveyor of escellent advice) says it really depends how much fun you want to have with them. If they ring you to work again pretend to be your manager and inform them that they should not be ringing his business as hendrixwoman is not allowed to accept personal calls. They usually say this is a business call to which you reply well I am the manager of the business so tell me what its about. There are numerous ways to take the pee out of them.

[Guest ConsumersRevenge]

I used to work for a debt collection agency (pretty big one too) and they used to both buy in debt and act on behalf of the lenders. My memory is a little cloudy (hardly suprising after my leaving bash there) but they do try to hide as much information as they can. My advise would be to ask them for clarification in writing as to the capacity they are acting in, and you will formally dispute thier claims until then. Also, they are not allowed to harrass you at work, or in deed at all. The fact you have asked them to stop is a plus, advise them that you will be reporting them to the phone company for harrassing calls, the police for the same, and report them to the OFT for thier conduct. These people are not above the law, and they have no more rights than the original lender. From the original creditor, get a breakdown of your charges, advise that you feel they are unlawful and if made to pay them you will recover them through the court system. If they refuse to deal with you, start proceedings against them.

 

With reference to the DCA, I used to laugh at the people calling up and screwing my employer over. If they have brought the debt (from what I recall we used to pay 12p per £1). Make an offer of what you can afford to pay (we used to have people telling us to either accept a £1 per week, or they would file for bankrupcy and we'd get nothing!). There are measures you can take to protect your home etc. I would also consider ordering your lender to remove any defaults etc which are placed on non payment of unlawful charges from your credit file. DON'T LET THEM GET AWAYT WITH DOING THIS TO YOU... THEY ARE NOT ABOVE THE LAW, NO MATTER WHO THEY ARE.

[hendrixwoman]

Hi.

 

I sent the DCA a CCA request on the 30th March and received nothing.

 

Now 9 months later the debt has been sold to CapQuest who sent me a letter stating that they have bought the debt and that they want full payment within blah blah. I shall be sending them a CCA request tomorrow along with a Harrasment by telephone letter.

 

Is this normal practice for debts to be passed from one DCA to another?

 

I'm just so fed up with them phoning me at work

[firstwithit]

No need to to waste a £1, there are letters telling them that the account is in dispute and if you didnt receive it first time round its still in dispute and shouldnt have been sold on!

Send phone letter by all means.

[42man]

I agree with Firstwithit....they are NOT allowed to transfer the request whilst it is in dispute.....you MUST report them to the OFT and their local Trading Standards....I'll see if I can find a letter for you...

[42man]

This will need editing Hendrix....this is reproduced courtesy of Curlyben

 

ACCOUNT IN DISPUTE

Dear Sir or Madam,

Account number: XXXX XXXX XXXX XXXX

 

Thank you for your letter of xx/xx/xx, the contents of which have been noted.

 

I must admit that I am rather bemused as to why this account has been passed to yourselves, as it is in dispute with the Moorcroft and has been since DATE 2007.

Not only is this a breach of OFT collection guidelines, but also in breach of the Consumer Credit Act 1974 and Data Protection Act 1998

 

As Moorcroft have failed to comply with my Consumer Credit Act request and admitted that the alleged signed executed agreement is unavailable, enforcement action is impossible under section 127 (3) of the Act.

 

As Moorcroft are now in default of my Consumer Credit Act request and OFT Collection Guidelines,I consider this account to be in SERIOUS DISPUTE.

 

As you are aware while my Consumer Credit Act request remains in default enforcement action is NOT permitted, under s127 this constitutes a complete defence at law.

 

Consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS.

 

Now I would respectfully suggest that this account is returned to the SDFS for resolution of these defaults and breaches, as Fredricksons cannot lawfully pursue any enforcement activities.

 

If Fredricksons chooses to ignore my dispute and attempt enforcement, I will initiate legal action and file reports with the appropriate authorities, including, but not limited to, Trading Standards, Office of Fair Trading, Information Commissioners Office, Financial Ombudsman Service and possible court action.

 

After taking advice, I am of the opinion that any continued pursuit is in violation of the Administration of Justice Act 1970 section 40 as well as breaching a number of the OFT Collection Guidelines

 

I hope that this will not be necessary and an acceptable solution can be accomplished.

 

I would appreciate your due diligence in this matter.

I look forward to hearing from you in writing.

 

Yours faithfully

[hendrixwoman]

Excellent, you guys are seriously very helpfull indeed.

I shall send that letter recorded delivery tomorrow.

Thanks once again for all of your help!!!!

[diction]

Subscribed.

[hendrixwoman]

Hi again!!

 

I sent a "do not phone me letter" and another following the template above to Cap Quest. I received a letter from them yeatersay and to be honest it has confused me somewhat.

 

The letter states that they would only ever phone me between 8am-9pm so why am I not happy with this. They have also said that they had left numerous messages with my employer and as yet I have failed to phone them back.

 

They say that they will stop phoning if I reply to their previous letters ie want full payment within 7 days.

 

They completely ignored the other letter that I sent explaining how the account was in dispute as the previuos DCA did not provide me with a true copy of of a signed aggrement.

 

The last paragraph reads...

"your account is on hold whilst we await your response on how you wish to process with your account"

 

What should I do now? Sent them a CCA?

 

Thanks again guys.

[sillygirl1]

Report them as they are NOT allowed to contact your employer about you being allegedly in debt. This lot play dirty as they are picking up the dregs of accounts.

 

Take the letter to Trading Standards and their 'newer' buddy, National Debt Line and ask them to file a complaint - this is totally against regulations.

[sillygirl1]

As for the last paragraph of their letter, tell them you are complaining to the relevant authorities as your original CCA request wasn't answered and you have already requested information which hasn't been supplied. Another CCA is wasted now as you now need to apply to the courts for a restraining order on the original creditor and their agents.

[alibobsy]

I would complain to the ombardsman and trading standards straight away. The previous dca are at fault re the cca and this lot of **** are just trying to threaten you into paying for something they know they have no proof you owe. They know they can't enforce this in court, but they are hoping to harass you into paying. You could write one more time to restate your position re the calls and that you give them 7 days to confirm removal of your numbers from their records or you will report them, but given what dregs this lot are I think I would report them anyway.

good luck

ali x

[ODC]

Definately report them to TS. They are in breach of the OFT regulations and have foolishly admitted IN WRITING that they have contacted your employer aith regard to your debt. IDIOTS. It looks like you will need to report these clowns to the FOS. Before you can do that you need to make an official complaint to CAPQUEST. Write to them and demand a copy of their complaints procedure.