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hehe great stuff. Remember that if they keep ringing you after they have got the letter remind tham that their continuing to do so might constitute harrassment and that you shall be logging the date and frequency of their calls to support your imminent complaint to that effect.

 

Right before you hang up on them you might also want to politly inform that that as they have failed to provide the credit agreement within the 12 day period prescribed the debt they are referring to is only an alleged debt and as such is, until a copy of that agreement be produced, unenforcable.

 

Then hang up :)

************************

 

DCA Theats: Jystmystry V's Wescot - I Win (link)

Default Removal: Jystmystry V's NatWest - In Progress (link)

General Debt - Jysmystry v's Optical Express (link)

 

You can run but you'll just die tired

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Acy6er, tomorrow is the 12th working day ? Is that including any allowance for delivery (normally 2 working days)? Whenever the day is though, I wish all the best for you, and hope that no news is good news! :)

Red

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My hubby was dealing with MCS until Pay Plan took over

 

When he informed them he was now going into a managed payment plan, they then tried to say he couldn't! He went into the plan which meant they were getting £72 a month rather than £320, they offered a settlement of £10k on a £19k loan with £13k outstanding, hubby offered £1900 but they rejected saying they could go to £7K but no less.

 

Good luck with them.

All my knowledge has been gained from personal experience and the sharing of advice from fellow members.

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When they phone me up, since they only ever identify themselves as "MCS", I just tell them that if they won't identify themselves properly, I'm not going to deal with them. I typically end with the line "After all, it's not like I owe you money or anything like that, is it?" :)

HSBCLloyds TSBcontractual interestNew Tax Creditscoming for you?NTL/Virgin Media

 

Never give in ... Never yield to force; never yield to the apparently overwhelming might of the enemy. Churchill, 1941

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They always used to call hubby really late, like 9pm and if I answered they'd tell me they needed to speak to hubby, when I asked who it was they'd either say

 

'It's a highly important buisness account call from MCS, regarding his buisness' to which I'd reply:

 

OK, is it about THE business?

YES

Well I'm the owner of THE business, so you can talk to me if it is about business can't you, as obviously I am named on THE business account you can speak to me?

Er, No

So you're not calling about THE business account then?

No

My husband will not take calls from an unauthorised and unknown to him company, so you need to correspond in writing to him please.

We can't do that

Why can't you write?!

No...

MCS would ALWAYS hang up then!

 

or

 

A very naughty one

 

Hello, this is MCS, I am urgently looking for Mr Tooth Fairy, regarding a very sensitive matter.

Is it about his vasectomy?

 

They almost choked and always hung up!

 

Needless to say I am sure they thought they were ringing a weirdo and soon stopped calling!

All my knowledge has been gained from personal experience and the sharing of advice from fellow members.

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Tooth fairy and meagain, your threads are hilarious,:D

I like having a laugh at a DCA's expense, and tooth fairy, I am going to use your vasectomy line as it is a classic! Oh the fun! How naughty but very very very funny.

:) Red

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Yes but it took about 20 phone calls for me to come up with that and hubby was sooo angry at me at first, then he saw the funny side!

Try it by all means....the reaction is hilarious!

All my knowledge has been gained from personal experience and the sharing of advice from fellow members.

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Yes, he is with Pay Plan and I am with CCCS, I have 2 big debts that are nearly gone now, hopefully with the reclaimation of charges from Natwest, all hubby's debts were with HSBC and thus MCS, hence 3 lots of calls.

 

However, we are lucky that were paying £1900 a month to our debts before and really struggling as we were both made redundant at similar times, after living off savings for a while, these dwindled and we very nearly lost our home, even when we both found new empolyment, we were paying out more than we were earning, and with debts moutning we decided to go down the DMP route, Pay Plan couldn't help me as I only had £54 per month left over but CCCS could help by jiggling some figures and I now pay £104 per month and hubby pays £290 after opting to go self employed and he now earns a fair wage and he hopes he can offer settlements early next year on 2 of the 3 debts.

 

Thanks for asking though... I hope it may also give a glimmer of hope to anyone in the same position.

 

TF x

All my knowledge has been gained from personal experience and the sharing of advice from fellow members.

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OK, I have calculated the working days out lots of times, and I am sure tomorrow (Friday) is day 12.

 

What do I day after day 12?

 

I have posted the anti-telephoning letter.

 

Liz

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I find it absolutely incredible that anyone representing a creditor and advising on matters of law, is NOT fully conversant with the CCA 1974. I include both the creditor's in-house legal team, and any solicitor advising said creditor.

 

This begs several questions then, not least of which is, are we really expected to believe that this is an act of incompetence to make the statements as witnessed by Richard? And if it is not down to ignorance of an Act, which with all due respect should be bread and butter to these people, what other explanation could there be? Might I go so far as to suggest that any company who replies to a debtor that the Act specifically excludes the requirement to comply with the Act, is guilty of attempted fraud?

 

I would welcome any other interpretation, as it is quite possible I am being somewhat naive.

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I am no longer welcome on CAG

i will be off site for the next month or so. if you have any problems, feel free to report the post so a moderator can help you.

 

I am not a qualified or practicing lawyer.

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Might I go so far as to suggest that any company who replies to a debtor that the Act specifically excludes the requirement to comply with the Act, is guilty of attempted fraud?

 

 

I agree that the most likely explanation is simply ignorance or incompetence. However, as none of them seem prepared to put into writing what they've said on the telephone, I suspect that on some occasions they certainly attempt to deliberately mislead if not defraud.

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Sorry Liz, I almost forgot this thread since I hadn't subscribed.

 

Yes, if they are in default, and as the debt is in dispute, you certainly may cease payment. Write to them telling them that this is what you aee doing, along with the reasons for doing so. And it might be useful if you add in that, of course you will be more than willing to recommence a payment regime, as and when they can prove to your satisfaction the validity and true amount of any debt that may in fact be owed.

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Have thought of something else!

 

Despite the letter being sent to them 3 weeks ago this Monday, on the Royal Mail website it still keeps saying to "check again later" to see if its been delivered :-(

 

Is there a template to use for this sort of letter?

 

Thanks.

Liz

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Have thought of something else!

 

Despite the letter being sent to them 3 weeks ago this Monday, on the Royal Mail website it still keeps saying to "check again later" to see if its been delivered :-(

 

Is there a template to use for this sort of letter?

 

Thanks.

Liz

 

Liz

 

This is not unique. I have had a few instances like this with Fredrickson (twice), Logic Plc and Shop Direct. After complaining to the Royal Mail, I have so far, received two books of first class stamps as a "sorry, we can't find your recorded delivery letters". It's not them, it's the posties not doing their job properly!!

 

Ian

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I am no longer welcome on CAG

i will be off site for the next month or so. if you have any problems, feel free to report the post so a moderator can help you.

 

I am not a qualified or practicing lawyer.

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