Spiritgirl -v- Various DCAs

[spiritgirl59]

Hi friends

 

Hubby and I have today received 2 letters, both from Sechiari Clark & Mitchell, chasing 2 alleged debts with Lloyds TSB and threatening us with legal action if they do not hear back "within 7 days".

 

The 2 alleged debts in question were being chased originally by Buchanan Clark & Wells however when I requested a CCA in April against both these I got no response whatsoever ...total blank silence ...

 

... and so it seems the 2 alleged debts have now been passed to SCM presumably in the hope that their heavy handedness will terrify us into paying up as it didn't work with BCW ....oh am I getting cynical !!

 

A CCA letter is going off Recorded Delivery tomorrow, and I have added in the Section 175 details BEFORE they write back to me (as these "legal" DCAs have a habit of doing) telling me they cannot provide it because they are not the OCs.

 

I'll keep you posted

Love Spiritgirl x

 

Dear Sirs

 

Your Client – Lloyds TSB Bank PLC

 

With reference to the above, I should be grateful if you would send me a copy of this credit agreement. I understand that under the Consumer Credit Act 1974 (Sections 77−79), I am entitled to receive a copy of my credit agreement on request. I enclose a payment of £1.00 which represents the fee payable under the Consumer Credit Act.

 

I understand a copy of my credit agreement should be supplied within 12 working days.

 

I understand that under the Consumer Credit Act creditors are unable to enforce an agreement if they fail to comply with a request for a copy of the agreement under these sections of the Act.

 

For the sake of clarity, may I also draw your attention to the following:-

 

Consumer Credit Act 1974 s.175

Where under this Act a person is deemed to receive a notice or payment as agent of the creditor or owner under the regulated agreement, he shall be deemed to be under a contractual duty to the creditor or owner to transmit the notice, or remit the payment, to him forthwith.

 

You are therefore obliged to pass on my request to your client, Lloyds TSB Plc.

 

I look forward to hearing from you.

 

Yours faithfully

 

 

 

[surprise]

SG - are they Solicitors, rather than a DCA? if they are Solicitors this would probably be more suitable

I refer to your letter of xx/xx/xx, which was received this morning.

 

Frankly, I am surprised of the need to remind a firm of solicitors about the terms and conditions surrounding my requests to your clients for a true copy of my Consumer Credit Agreement (Consumer Credit Act, 1974);

I can only assume therefore that they failed to inform you that the above account is in dispute.

 

Should your clients now persist with threats of legal action, I will welcome the opportunity for a judge to look at several offences committed by ***** under The Consumer Credit Act 1974, as well as your clients' non-compliance with and total disregard for the law on this occasion.

Perhaps adapt this to suit your needs.

Ignore me if they are not solicitors.

 

 

 

[babybear39]

Sechiari Clark & Mitchell are Lloyds own in-house solicitors and should know better than to chase on an alledged debt still in dispute.

[spiritgirl59]

Hiya guys

 

I have already sent off the CCA letters as we are going out early in the morning and I wanted to get them off.

 

SCM must know the alleged debts are in dispute unless Lloyds have not informed them of their previous attempts at collection via BCW ....which wouldn't surprise me.

 

The CCA letters should stop them in their tracks for now and put time on our side at least, and I'll see what drivel they come back with.

 

I'll post back when I hear anything more.

 

Thanks for your help

Spiritgirl x

[spiritgirl59]

Link Financial have reared their ugly heads again This time chasing an alleged debt to MBNA belonging to my OH which a different DCA was chasing till I CCA'd them in April (and then heard nothing more from that DCA).

 

Needless to say I CCA'd Link who have now written back saying they "do not hold the documentation" but will be requesting it from MBNA and have put the account "on hold" for 14 days while they do it. The cheeky bar stewards "applied the £1 payment made with your request" to reduce the debt on the alleged account....and go on to say that any "cost incurred by Link for provision of statements by the vendor" will be passed on to me.

 

They really are total a***holes. This must be the 5th time they have contacted myself or my OH about various alleged debts and in no case have they ever been able to produce a CCA.

 

I'll post back if and when I hear anything more.

 

Hope you are all having a nice weekend! LOL Its so hot I couldn't sleep which is why I am on here at such an early hour!!

 

Love Spiritgirl x

[Jeff2000]

Link Financial have reared their ugly heads again This time chasing an alleged debt to MBNA belonging to my OH which a different DCA was chasing till I CCA'd them in April (and then heard nothing more from that DCA).

 

Needless to say I CCA'd Link who have now written back saying they "do not hold the documentation" but will be requesting it from MBNA and have put the account "on hold" for 14 days while they do it. The cheeky bar stewards "applied the £1 payment made with your request" to reduce the debt on the alleged account....and go on to say that any "cost incurred by Link for provision of statements by the vendor" will be passed on to me.

 

They really are total a***holes. This must be the 5th time they have contacted myself or my OH about various alleged debts and in no case have they ever been able to produce a CCA.

 

I'll post back if and when I hear anything more.

 

Hope you are all having a nice weekend! LOL Its so hot I couldn't sleep which is why I am on here at such an early hour!!

 

Love Spiritgirl x

 

 

Hi,

 

 

That's the same reply that I received.

 

You have to laugh though! The account, as far as you are concerned, is on hold until such time as they provide you with a true copy of your agreement!

 

 

Best wishes, Jeff.

[elizabeth1]

Spiritgirl - I had this same problem with Link/MBNA too - they seem to disappear once I CCA'd them. But I did manage to get statements off MBNA (they just didn't send full SAR info - I must chase that up)

 

Seems they have nothing better to do than annoy people?

[spiritgirl59]

Hiya Guys

 

Newman & Co are chasing me on behalf of Creation Finance. You will remember CF sent me an application form and hoped that I was "happy with the agreement".

 

I'd written to Newman & Co outlining that the account is in dispute due to default of CCA request by Creation, but they had started to phone up persistently this week, so this morning I decided I was just in the mood to speak to them and sort them out. I explained to the guy on the other end that they should have a letter from me outlining my position, he found it on the computer and this is how the conversation went :-

 

(Him) "Have you not received your agreement from Creation then?"

 

(Me) "No, as you will see they sent me an application form which is not a properly executed credit agreement and this account is therefore most clearly in dispute"

 

(Him) "Well we asked them for an agreement when we received your letter as well and we haven't had one either" :o

 

(Me) "Now why doesn't that surprise me? I have been asking for one since April so I don't hold out much hope for you either - and there is little point in Newman & Co continuing to chase me when this account is so clearly in dispute is there?"

 

(pregnant pause while cogs turn)

 

(Him) "No you're right, erm I'd better put your account on hold till we get one then"

 

(Me) "Better still why don't you return the account to Creation because its most unlikely you will ever be in a position to chase this alleged debt.

 

(further pregnant pause and a bit of keyboard clicking)

 

(Him) "Well will you please phone us if you get an agreement then?":lol:

 

(Me) "Since I asked for one back in April and still haven't got one I won't need to phone you will I?"

 

(Him) (sounding confused) "Erm, no I guess not, well madam I will make a note for us not to contact you again until we have an agreement"

 

 

PMSL ... bless him he sounded quite young, and he did sound scared to death....probably a new staff member. I have no doubt they WILL still try to contact me and I know speaking to them is not normally a good option, but I was firing on all cylinders this morning. He was very polite or else he would have got full throttle LOL.

 

Love Spiritgirl x

[Hopeful1]

:o Bless the poor thing will probably need a swift half at lunchtime to calm his nerves!! Is it worth writing a letter "Following my telephone conversation on 14.08.07 could you please write to confirm you are now returning this account...."?

 

It's good when you're on an adrenaline rush isn't it and the 'phone rings - i do feel sorry for the callers...somtimes..on such days!!

[spiritgirl59]

Is it worth writing a letter "Following my telephone conversation on 14.08.07 could you please write to confirm you are now returning this account...."?

 

 

Good idea Hopeful1 ! More evidence for me to keep in my little file of papers even if it doesn't make any difference to their tactics eh? Thanks for that!

 

Love Spiritgirl x

[stadium_arcadium]

Hiya Guys

 

Newman & Co are chasing me on behalf of Creation Finance. You will remember CF sent me an application form and hoped that I was "happy with the agreement".

 

I'd written to Newman & Co outlining that the account is in dispute due to default of CCA request by Creation, but they had started to phone up persistently this week, so this morning I decided I was just in the mood to speak to them and sort them out. I explained to the guy on the other end that they should have a letter from me outlining my position, he found it on the computer and this is how the conversation went :-

 

(Him) "Have you not received your agreement from Creation then?"

 

(Me) "No, as you will see they sent me an application form which is not a properly executed credit agreement and this account is therefore most clearly in dispute"

 

(Him) "Well we asked them for an agreement when we received your letter as well and we haven't had one either" :o

 

(Me) "Now why doesn't that surprise me? I have been asking for one since April so I don't hold out much hope for you either - and there is little point in Newman & Co continuing to chase me when this account is so clearly in dispute is there?"

 

(pregnant pause while cogs turn)

 

(Him) "No you're right, erm I'd better put your account on hold till we get one then"

 

(Me) "Better still why don't you return the account to Creation because its most unlikely you will ever be in a position to chase this alleged debt.

 

(further pregnant pause and a bit of keyboard clicking)

 

(Him) "Well will you please phone us if you get an agreement then?":lol:

 

(Me) "Since I asked for one back in April and still haven't got one I won't need to phone you will I?"

 

(Him) (sounding confused) "Erm, no I guess not, well madam I will make a note for us not to contact you again until we have an agreement"

 

 

PMSL ... bless him he sounded quite young, and he did sound scared to death....probably a new staff member. I have no doubt they WILL still try to contact me and I know speaking to them is not normally a good option, but I was firing on all cylinders this morning. He was very polite or else he would have got full throttle LOL.

 

Love Spiritgirl x

LMAO SG, I used to dread their phone calls, now I relish them:D Oh how the tables have turned. I wonder if the DCA's should put notes on our files that we are CAG members? Maybe then they wouldn't be so eager to phone us lol.

Keep up the fight.

SA xxx

[elizabeth1]

Spiritgirl & SA

 

I must admit it's good sport when you do slip up and speak to these people - shame when it's young staff who don't know what they are doing? But hey it's all in their days work?

 

Like we know for every CAG member in the "know" they'll speak to 20 others who aren't CAG members and so easier to bully? It's a shame for those who aren't aware of CAG and such places?

[spiritgirl59]

Link Financial have reared their ugly heads again This time chasing an alleged debt to MBNA belonging to my OH which a different DCA was chasing till I CCA'd them in April (and then heard nothing more from that DCA).

 

Needless to say I CCA'd Link who have now written back saying they "do not hold the documentation" but will be requesting it from MBNA and have put the account "on hold" for 14 days while they do it. The cheeky bar stewards "applied the £1 payment made with your request" to reduce the debt on the alleged account....and go on to say that any "cost incurred by Link for provision of statements by the vendor" will be passed on to me.

 

They really are total a***holes. This must be the 5th time they have contacted myself or my OH about various alleged debts and in no case have they ever been able to produce a CCA.

 

I'll post back if and when I hear anything more.

 

Hope you are all having a nice weekend! LOL Its so hot I couldn't sleep which is why I am on here at such an early hour!!

 

Love Spiritgirl x

 

 

Update:-

 

The mail has stopped however these plonkers are being as crafty as a barrel load of monkeys. A guy has been phoning and leaving messages saying he wishes to discuss a "personal matter" and leaving his name and a phone number. When I checked the actual number on the 1471 it was Link Financial!! He is leaving his "direct line" which is the same prefix but another number (obviously another line into the office) and saying its imperative we discuss this "ongoing personal matter".

 

What planet are these folks on?

 

There is as much chance of me phoning him back as them sending me a properly executed CCA agreement!!

 

Spiritgirl x

[spiritgirl59]

CrapOne update:

 

These plonkers have now sent me a Default Notice and said they are passing the account to a DCA or taking legal action...

 

....all while the account is in dispute and they have not been able to provide a CCA agreement.

 

Let them hang themselves! I shall keep the Default Notice safely filed for future reference! No use writing to them because as I know from past extensive experience they take absolutely no notice whatsoever, so why waste my postage!

 

Spiritgirl x

[kennyparkroad]

i would write to them, the fact they have sent you their intentions, thats your chance to make them aware by letter they are NOT allowed to default you

 

also really handy if they default you anyway, and you go to court!

[elizabeth1]

CrapOne update:

 

These plonkers have now sent me a Default Notice and said they are passing the account to a DCA or taking legal action...

 

....all while the account is in dispute and they have not been able to provide a CCA agreement.

 

Let them hang themselves! I shall keep the Default Notice safely filed for future reference! No use writing to them because as I know from past extensive experience they take absolutely no notice whatsoever, so why waste my postage!

 

Spiritgirl x

 

Total Plonkers aren't they? Are they learning nothing in there?

 

Nevermind - let them carry on - all the more for them to answer for in Court later - let them make Judges day!!

[M.Willows]

Hi Spiritgirl

I am also waiting for them to take me to court threat after threat and threat again why don't they just get on with it ,now its gone back to the threat about selling this on yet again I am back to the beginning I bet there is a pattern to all this and is getting predictable ,I did have my first postcard a couple of weeks ago though which made me laugh:D

[rory32]

Yes you should write to them if for no other reason than to keep building a case against them. They will probably tell you that they were not aware the debt was in dispute or some such other nonsense.

[spiritgirl59]

Hiya friends

 

Thanks for your messages.

 

Re: Crapital One

 

How's this :-

 

 

Capital One Bank (Europe) Ltd

 

ACCOUNT IN LEGAL DISPUTE

 

Dear Sirs

 

Your Ref: XXXX

 

I am in receipt of a Statement of Default from your company dated XXXX August 2007.

 

As you are aware, your company has failed to supply me with a copy of a properly executed agreement under the Consumer Credit Act 1974. Please note that your company is now in default as this request was not complied with within 12 working days as prescribed by the CCA, and you have also committed a criminal offence by exceeding the further one month statutory time limit.

 

Please also note that until such time as you do provide me with a true copy of this document, the agreement remains unenforceable and no further payments will be made; it also means that your company is not permitted to :-

 

1 - Chase for payment

2 - Pass/Sell the alleged debt to another company

3 - Register any adverse information against my credit file

 

You are clearly now even further in breach of the Consumer Credit Act by issuing a Statement of Default and making threats to sell the debt to a debt collection agency, use door to door collectors, or begin legal proceedings against me.

 

Should you commence any legal proceedings against me they will be vigorously defended, and I shall show the court by all correspondence in my possession your continuous contempt for the Consumer Credit Act 1974 and its rules and regulations.

 

Yours faithfully

 

 

 

 

 

 

 

 

If they bin it I'll have my copy and will take great delight in presenting it in my court bundle

 

Love Spiritgirl x

[kennyparkroad]

that would do the trick i would add though in the bit

 

3 - Register any adverse information against my credit file (THIS INCLUDES A DEFAULT NOTICE)

so they cant say you didnt make it simple

[M.Willows]

Hi Spritgirl

Perhaps you could also add (if you haven't already).

I would therefore request , in compliance with CPR4.6© a copy of the document that you will be relying on as proof that a properly executed agreement, complying in all respects with the form and content requirements of the CCA was signed by myself in respect of this alleged debt.

[Hopeful1]

Hi Spiritgirl

 

I think you should start charging these people for all the legal training you are giving them. Each time you write, you are explaining the law to them, which is important for their professional development!!!

 

You could then invoice them and send pre court letters and ring 10 times a day demanding payment

[spiritgirl59]

Hi Spritgirl

Perhaps you could also add (if you haven't already).

I would therefore request , in compliance with CPR4.6© a copy of the document that you will be relying on as proof that a properly executed agreement, complying in all respects with the form and content requirements of the CCA was signed by myself in respect of this alleged debt.

 

Thanks MW ... and I know what I will receive back - either a copy of a BLANK agreement or a copy of an illegible application form! Shall I start taking bets pmsl?

 

Seriously though guys they are an absolute joke which is no longer funny!

 

Love Spiritgirl x

[alamand]

Hi Spirit girl

Just wanted to know if you could help.

Yorkshire Bank Visa sent T&c' with just 1996 hand written in corner of 3 A4 sheets of paper(no heading) in July along with application form.

I sent Rorys letter saying thankyou for their documents that they were going to rely on in court.

They have now sent another set of T&c's with "Yorkshire Bank Visa Terms and Conditions" as a heading and added another paragraph with the "credit limit" will be determine etc and the Apr on it.This paragraph was not on the T&c, they sent in July.They also say these T&c's were on the reverse of my original application form.

I have pm'ed Rory but I know he is very busy and I just wondered if you had any ideas what to do next.

Many thanks

Alamand

[spiritgirl59]

Hi Alamand

 

You may have heard back from Rory by now (I've been away so only just seen your post).

 

As far as I am concerned, T&Cs should clearly be shown to relate to the account in question by showing an account number (or a reference) and a date and page number on every page of them.

 

The one properly executed CCA agreement I received together with proper T&Cs (from Alliance & Leicester) was set out this way. It was immediately clear to which account the T&Cs related, as the account number was printed on each page, together with the date and a reference number. These were full t&cs and consisted of four pages of data.

 

Everything I have received before and since from DCAs has been nothing like this; just application forms, and a photocopied page of t&cs which could relate to anything, and in most cases BLANK t&cs altogether.

 

As A&L provided the correct and proper information, I am now using their agreement and t&cs as a landmark for what I expect from any one else who decides to chase me for a debt.

 

I never did dispute I had a debt with A&L, but I did send a CCA request to them along with all the others who were chasing me whose debts I did dispute; as I was interested to see what would happen.

 

I fully expected to receive the correct information from A&L which did happen, and payments to A&L have continued.

 

From the rest of them all I have received is utter rubbish and all the alleged debts are still firmly in dispute.

 

Hope this helps!

 

Love Spiritgirl x