advice needed,on so many debt collectors after me

[spiritgirl59]

Mich

 

I am thinking of you and sending you supportive cyber hugs x I'm in a very similar situation to you and I do know how you feel. There is so much support and help on here though, you will be OK. I've subscribed to your thread and will follow your progress.

 

Best wishes

Love Spiritgirl

[spiritgirl59]

it feels so good to be taking charge of all this now. thank you again to all who have been helping me xxxx:)

 

Hiya Mich

 

Yes it does make you feel good once you are back in control and I'm glad you've done what you have as I know you'll feel better now.

 

A little tip which I have learned the hard way, if any of them does phone you up - usually at an unsociable hour like 9 or 10 in the evening so you will answer thinking its someone important remember to tell them to put it in writing as you will not discuss it on the phone, then put the phone down, and don't get into a discussion with them despite how hard they try to get you to.

 

Its difficult when you are a polite person yourself and you know they are the ones being awkward - its so tempting to argue with them. I've found this the hardest bit, but when you've taken a deep breath and put the phone down one time you'll find it easier after that.

 

Good luck!

Spiritgirl

[spiritgirl59]

Hiya Mich

 

I am watching to see what the good folks on here say to you about this with great interest, as I too have had several application forms back and am just at the stage where I am not paying the DCAs because of this.

 

As I said on my own thread I do not feel they will go down without a fight, and your correspondence back from them has interested me because I anticipate the exact same kind of thing happening to me soon and will need to know what to do:eek:

 

Please try not to panic - I know its easier said than done, but someone who is more experienced will no doubt get back to you quickly on this.

 

Spiritgirl

[spiritgirl59]

Hi

 

That's because they are hoping that you don't know otherwise!

 

If the document you signed does not contain all of the prescribed terms, it is unenforceable - full stop!!

 

Does it refer to separate T&Cs, and have they sent you these (the originals)?

 

Regards, Pam

 

 

Hiya Mich

 

Hope you are OK this rainy Monday morning.

 

Sorry to jump into your post here my friend - I just wanted to ask Pam if she could confirm what she means by "prescribed terms", separate T&Cs and the originals???

 

I'm in the same position as you Mich as you know - I have one of them chasing me on the phone now - not a DCA but the original lender for a store card as I cca'd everyone - DCAs and original lenders.

 

This lender has sent me an application form which purports to be an agreement. This is a photocopy, and its the application signed in store. As I can't upload it, is it OK if I just list the sections here so you can see what I mean?

 

1. About You (name, date of birth etc)

2. About your partner

3. Payment Protection Plan (which I didn't tick)

4. Contact Numbers

5. Which best describes your home (owner, tenant etc)

6. Home address

7. Employment details

8. Do you have any of these cards? (lists Visa, Mastercard etc)

9. Choose your method of payment

10. Your bank/building society details

11. Declaration and Consent

12. Your right to cancel

13. Your signature

 

and at the very bottom, the credit limit is noted, the first purchase amount, the assistant's signature, the date, the account number assigned to this card.

 

What do you think? Could they enforce the debt with this document?

 

Thanks in advance

Spiritgirl

[spiritgirl59]

Hi S.A.

 

Nope, no T&Cs or APR on the application form. This is what is throwing me completely.

 

LOL yes its Tuesday not Monday... I am still a day behind

 

I'll have a look on the thread you've posted thanks so much.

 

Spiritgirl

[spiritgirl59]

Hiya Mich

 

Just passing through your thread and having a read

 

A Big Well Done so far!

 

Love Spiritgirl x

[spiritgirl59]

Hiya Mich

 

Just dropping by to wish you the best of luck and say I know how you feel

 

I've just added to my thread as H Cohen & Co are now threatening me with court, even though they have breached my CCA request.

 

As Kenny has said, breach of the CCA is a complete Defence so let them all bring it on!!

 

Will keep watching your thread for news Mich.

 

Best wishes

Spiritgirl x

[spiritgirl59]

s.a. it looks kosher to me too! Its the same as mine from Alliance & Leicester. The key factor in my opinion is the proper terms and conditions of credit/APR etc. NONE of the "application forms" I have ever received from the rest of the DCAs on to me have had these terms and conditions, only A&L.

 

(((Mich))) I am so sorry to hear about your dad. I hope the police catch the **** who did this to him and they get their just desserts. I hope he is feeling better now. I was away last week so have only just seen this. Thinking of you and sending cyber hugs.

 

Love Spiritgirl x

[spiritgirl59]

Oh Mich I am so sorry you got this response and feel so upset

 

I wonder if he was a junior member of staff who didn't know quite what he was talking about - it strikes me as strange that he said he was "unsure" about the phone calls to your parents house

 

It may be best to put your complaint in writing Mich, and mark it for the attention of a Senior TS Officer, that way at least someone will look at it (hopefully) with a bit more knowledge.

 

I'm sure some of your friends on here will come back to you when they see this with more advice, but I just wanted to send you a feel better cyber-hug. I know how wound up and upset I felt the other day after my run-in with Alliance & Leicester so I do know how you feel.

 

(((cyber hugs)))

Love Spiritgirl x

[spiritgirl59]

Hiya Mich

 

I'm glad you can smile about these moron DCAs now

 

They are full of empty threats! If someone does turn up at your door you should ask to see the Court Order giving him the right to turn up like that...which he will not have of course ...and then when he says he hasn't got one and just wants to "come in for a chat", threaten to call the police as he is trespassing on your property and shut the door in his face!

 

It makes me so mad - the veiled threat about the "field agent department" for example there are so many people out there who don't know about this site and will be bullied into paying up because they are so frightened by this kind of thing.

 

Love Spiritgirl x

[spiritgirl59]

Hiya Mich

 

Just reading what you said about Lowells

 

I've found that the ones who allege I owe them hundreds rather than thousands of pounds are a bigger pain in the rear than the ones who allege I owe them thousands!

 

I wonder if this is the norm across the board for DCAs?

 

Have a good day Mich

Love Spiritgirl x

[spiritgirl59]

i had a company who claims it back for you, sort it out for me, just as it was about to be took to court they wrote a letter to say, they will use the money to pay of the out standing debt i have with them, and give me the rest back! but they havent told the debt collector acting for them, so i am still recieveing court threatening letters from them,which reminds me i really should write them a letter,and tell them to go and have words with capital one!

 

 

Hi again Mich

 

Lovely to hear from you, and I'm glad things have settled down for you.

 

I personally wouldn't bother writing to them and reminding them of anything - if the DCA is stupid enough to take this to court when it has already been sorted out and settled, then they are going to make absolute prats of themselves and Crapital One

 

As long as you have written evidence from the company who sorted it all out for you that it has definitely been settled, imagine how delightful it would be to submit a copy of that same letter to the court at a later date IF the bozo DCA starts proceedings, and show CrapOne and their DCA up for their incompetence and poor communication!!

 

Maybe I am being a bit naughty here, and the polite thing to do is to let them know its been settled, I wonder what others think????

 

To be honest the way the DCAs treat us, why should we help them in any way at all??

 

Have a lovely New Year Mich

Love & Cyber Hugs

SG x