Are you being harassed on the telephone by your bank or by debt collectors?

[Deshaine]

Yes you will have to be very careful indeed!!

 

Entry by Banks and their staff is prohibited. Banks will be allowed to enter the forum so long as they have permission from the Administrators.

 

Ignoring this rule is, in our opinion, a breach of the Computer Misuse Act 1990 - Section 1b.

 

 

http://www.consumeractiongroup.co.uk/forum/forum-rules-please-read/9-forum-rules-please-read.html

 

You would certainly be risking your job if your employer knew you were posting here, I know for a fact it is actively discouraged in genuine DCA's, often on threat of dismissal. It is not in the interests of the collections business to have their current employees giving away tactics or denying things that are known by the general public to be true, - or highlighting the fact that when push comes to shove they actually have no real teeth at all!!!

 

Having now declared on the open forum you are a DCA employee, it might be a good idea to make yourself known to at least one of the Moderators if you haven't already done so, in view of Forum rules and the Misuse of Computers Act 1990. It applies to Bank staff - I'm not 100% sure about DCA employees but I imagine the same would apply. At least then you have a degree of protection should you post misleading information, accidentally or otherwise, and it might do something to increase your credibility and reduce the chances of confrontation.

 

Just an opinion.

 

Thanks for the advice regarding informing the moderators Danny, this has now been submitted, if the wish to close my account, thats fine, I'll do so without a fuss and wont open up a new one. The misuse of computers does not apply at present, but I can see your point. Had I wanted to spread incorrect or misleading information, I would not have disclosed my profession.

 

However, I disagree that I said DCA's do not have teeth, I think that litigation can and should be pursued where necessary, and that some DCA's back off when challenged simply becasue it is easier to do so, when perhaps they shouldn't.

 

Fuzzgin, alot of what I said about customers avoiding debt etc.. comes from personal experience, not from the threads on this forum. However, it's also important to understand that everything you read on here is from the debtors perspective, and though I do not doubt many of the people posting are genuine and have been badly treated, to believe that no-one on here either embelishes the truth, fails to mention an important detail, or outright lies, is naive to say the least. I'm sure someone will have something to say about this, but if you consider it logically (something like a million and a half open threads?) it's bound to be the case.

 

Many Thanks, and goodbye if this is my last post

[dannyboy660]

However, I disagree that I said DCA's do not have teeth, I think that litigation can and should be pursued where necessary, and that some DCA's back off when challenged simply becasue it is easier to do so, when perhaps they shouldn't.

 

 

That was actually a reference to a quote by Spencer Locke, Operations Director of NCO Europe, and taken from the linked document in which much is revealed about litigation and it's likelihood.

 

I'm all for people dealing with their original creditor and the 'Tribunals and Enforcement' bill coupled with CCA2006 will make it far easier and more logical for creditors to deal with defaulters themselves, rather than employ a third party to apply pressure. As you are in the business, you will no doubt be aware this will cast a huge shadow over the future of many DCA's as the accounts suitable for third party intervention will undoubtedly diminish over time.

 

In my opinion, for what it's worth, I think you should be allowed to stay. It's a mystery to me why an insider would offer any form information which would be of any value to a group of people who would like nothing more than to see your own organisation go down the pan - but perhaps you have your reasons. Besides, one false move and you'll strung up by good people of CAG before you could say 'acounts receivables'.

[rhsymonds]

Forgive me for not reading all of your posts Deshaine, but what are you actually doing here ?? Are you at work today ??? You seem to have an awful lot of time to compose and edit posts !?!?

 

While your point may be a valid one, these forums are for 'CONSUMER ACTION' arent they ??? This seems to be a cheap trick to discover our tactics, then use them against us ???

 

Nothing against you mate, just your 'profession'.

 

[Angel04]

Couple of reasons - I think I stated them on another thread.

 

1) Debt collection is my chosen profession, therefor it makes sense for me to research it as best I can, including common consumer attitudes + concerns, and try and see things from the debtors perception. I am involved in systems and policy development within my team, therefor I need to be able to flag any potential problems/areas where we may be lacking.

 

2) I am a complaint handler. Reading these forums helps me understand the common complaints submitted by customers, and see how other companies are handling them, and aim to do better (not difficult judging from some threads). I also want to learn from things that have happened elsewhere, and prevent the same happening here.

 

3) I genuinely like helping people where I can - and firmly believe the needs of the consumer and of the financial industry needn't constantly be ad odds with one another. I was a telephone agent myself, though I worked with secured loans, and have significant experience dealing with reposessions and instructing solicitors (therefore, nothing anyone could say to me or call me on this forum could possibly compare to my experiences of talking to people who are losing there homes). Despite what anyone may think, I enjoyed my job - and honestly believe I got to help people more often than not, while maintaining the quality of the arrears book. I would like to go on providing information that could help, even though I am no longer in a customer facing position.

 

However, it galls me to see people avoiding debt or using legal loopholes to wriggle out of paying it where it is valid, genuine and without dispute (please reread that sentence before anyone decides to quote and berate it). I also dont agree with companies who fragrantly ignore legislation in order to corner a larger share of the industry, therefor making it more difficult for those companies who do work within the confines of the law to operate effectively and competitively.

 

I hope that answers your question, I've done so as honestly as I can

Just read your message, I do owe Capital One money and I have trying to arrange an IVA with them for 6 months now, they ignored my letters. My debt has now been sold to NCO, hence reason I'm here, I want to pay this debt and have written to them offering to pay a certain amount every month and if they would freeze interest. Already the phone calls have started, I don't know their number as I can't make out the voice on the phone. What do people like me do? I want to pay the debt off monthly but won't be allowed to do so. If I pay a bit every month, it will make no difference as interest will be higher than my payments, I'm at my wits end as judging from all the comments I've read they will continue to harrass me. They have stated in their letter that they will start legal proceedings, also that a bailiff will seize my assets (I don't have any!!) and they will issue an attachment of earnings. Can you help me?

[Deshaine]

Just read your message, I do owe Capital One money and I have trying to arrange an IVA with them for 6 months now, they ignored my letters. My debt has now been sold to NCO, hence reason I'm here, I want to pay this debt and have written to them offering to pay a certain amount every month and if they would freeze interest. Already the phone calls have started, I don't know their number as I can't make out the voice on the phone. What do people like me do? I want to pay the debt off monthly but won't be allowed to do so. If I pay a bit every month, it will make no difference as interest will be higher than my payments, I'm at my wits end as judging from all the comments I've read they will continue to harrass me. They have stated in their letter that they will start legal proceedings, also that a bailiff will seize my assets (I don't have any!!) and they will issue an attachment of earnings. Can you help me?

 

Hi Angel, at present I'm am making no further comments regarding debt matters, but I'm sure someone will be able to give you some sound advice on here. There are some excellent articles regarding requesting your CCA, and how to proceed from there. You could also approach the National Debt Line, CCCS or CAB .

 

regarding the IVA however, I cant understand how they refused to deal with it - did you have an IVA practitioner involved? Were there other creditors? Was a meeting of creditors called and your propsals voted on?

 

Either way, have a look through this forum, there are plenty of threads offering some sound advice (look in particular to the moderator responses and articles). Also, set up your own thread detailing your situation in full - you will quickly receive some responses.

 

RHsimmonds - I'm off work for a week, so I spend a great deal of my time catching up on work and researching things on the net. And as a point of note, consumer feedback is one of the major ways policies can be changed etc. Regardless of whether I had an account on CAG, I could still be able to view the posts. I just wanted to get involved a little, interpret that as you like.

[texel]

rhysmond, read all Deshaine's posts before deciding that it is a cheap trick to discover tactics. He or she has given good advice. Its people like you who annoy me:mad:

[Deshaine]

Strangely, I actually find that I agree.

 

 

http://www.credit-manager.co.uk/other/CCR%20May07%20UKDebtCrisis.pdf

 

 

 

This is an excellent link Danny, thank you

[stardust_john]

The gap between: dca's believing most accounts are avoiding debts and therefore pressure tactics are used and that of

 

a possible debtor on hard times pleading to deal with the original creditor and doing so, only to find refered to dca with no deed of assignment or forewarning will always be there.

 

The original creditors are the ones employing the dca's because they do not want to be tarred as hastling their clients.

 

They would be in my experience far better going to court and carry through what they threatened. They didnt because they did not have any cca or deed of assignment as the law requires and couldnt be bothered to communicate other than ring and demand more than I could not afford.

 

I have no sympathy for dca's wanting recogntion that they are not all bad cats, when they in fact choose an industry with no compassion.

 

Put up or shut up would be a kinder way to deal with people, but less proffitable:mad:

 

If they tarr a lot of us as debt avoiders then I change my opinion that all dca's are as bad as each other and wonder why they should want to troll a consumer forum if they cannot give advice to help. You chose your proffession Deshaine fair enough your choice, you have told us nothing moire than we already know and this is what already angers dca's that we have this knowledge we are entitled to and they choose to ignore the majority of cca requests . So the point is probably what others want to know and you are annoyed by them!! never ending circle.

 

What a dca wants is an intimidated person on the other end of the phone believing that wether they owe any money or not, that they are informed they have to pay an amount a month and soon after that for years and years as in my case, without any proof of these amounts as requested by me, that they still want to increase it. As soon as you queary as you are allowed to by law they tell you they will bankrupt you and then they dissapear for a while.

 

Sorry Deshaine but put up or please shut up:p

[Angel04]

Thanks for taking the time to answer appreciated. What is a CCA or those other initials you used. I was in touch with Debt Free Direct and it was them who suggested the IVA, never got a reason from Capital One why they didn't accept, they, as I said ignored all my letters and kept sending their own which were the same thing over and over again. Cheers

[stardust_john]

Hi Angel04 a cca is the consumer credit agreememnt signed by lender and borrower at commencement of contract. They have to produce a true copy of this document in court to enforce any court action. It is your right to request for a copy of this agreement and once you have this you can fairly for you and lender set an ammount you can afford. If a lender or dca persues you or harasses you and threatens court action may take place as a method to pressure you to pay more than you can afford, then it is better to challenge wether the debt is legally enforceable in the first place than put up with the stress from them.

 

If it is enforceable then you could go court route if you have no assets and want the court to set a fair ammount and as long as this is adhered to the dca's cannot harass anymore. It is more complicated if you own your own house and have assets as in charging order.

 

A deed of assignment is needed by a dca and original lender to be sent to you before any debt agency can chase or maybe harrass you in the first place. If they dont send this then there is a chance they should not be collecting the debt and have no right to in the first place.

 

I am no expert and have just picked this info up from here and cab and there are some great letter templates on here to help.

[Deshaine]

The gap between: dca's believing most accounts are avoiding debts and therefore pressure tactics are used and that of

 

a possible debtor on hard times pleading to deal with the original creditor and doing so, only to find refered to dca with no deed of assignment or forewarning will always be there.

 

The original creditors are the ones employing the dca's because they do not want to be tarred as hastling their clients.

 

They would be in my experience far better going to court and carry through what they threatened. They didnt because they did not have any cca or deed of assignment as the law requires and couldnt be bothered to communicate other than ring and demand more than I could not afford.

 

I have no sympathy for dca's wanting recogntion that they are not all bad cats, when they in fact choose an industry with no compassion.

 

Put up or shut up would be a kinder way to deal with people, but less proffitable:mad:

 

If they tarr a lot of us as debt avoiders then I change my opinion that all dca's are as bad as each other and wonder why they should want to troll a consumer forum if they cannot give advice to help. You chose your proffession Deshaine fair enough your choice, you have told us nothing moire than we already know and this is what already angers dca's that we have this knowledge we are entitled to and they choose to ignore the majority of cca requests . So the point is probably what others want to know and you are annoyed by them!! never ending circle.

 

What a dca wants is an intimidated person on the other end of the phone believing that wether they owe any money or not, that they are informed they have to pay an amount a month and soon after that for years and years as in my case, without any proof of these amounts as requested by me, that they still want to increase it. As soon as you queary as you are allowed to by law they tell you they will bankrupt you and then they dissapear for a while.

 

Sorry Deshaine but put up or please shut up:p

 

 

Hi, I've just had confirmation from BankFodder that I'm fine to continue to post - so that's good news!

 

I'm not going to get involved in the the above Stardust, because I understand there is no way I can convince you, or many of the other people on the forum otherwise.

 

You also seem to be mistaking me for some sort of antagonist, which I'm not, I've already stated the reason I am here. I will continue to post on threads where I can help.

[tiglet]

I think we should always be prepared to give people the benefit of the doubt on this forum - I have seen genuine trolling and, so far, have seen no evidence of this from Deshaine. If there was, I would be troll-baiting with the best of them . Everyone on here will have different views on different things and if moderators have accepted a member onto the forum, after them revealing themselves to be from a DCA, it's certainly not up to anyone on here to tell them to go - if there are incidences of trolling or posts you feel are inappropriate, please hit that big red triangle at the bottom of the post and mods will take the appropriate action.

 

Yes, I have been treated very badly by DCA's but there have also been two incidences when I have been treated very fairly and if this is an attempt to research from a customer service point of view, then perhaps it may encourage others to act in a decent way (but I'm not holding my breathe here).

 

Sorry, stardust_john, but just a few things to say which disagree with in your previous post:

 

1. Receiving an enforceable copy of the CCA will not necessarily encourage a creditor to accept token or smaller payments. If there is not an enforceable CCA, this puts the debtor in a much better position to negotiate frozen interest/smaller payments etc.

 

2. Court action would usually be instigated by the DCA/creditor. If successful, this would result in a CCJ which, while reducing the payments, would screw the credit rating (however, if it's screwed already, it makes little difference). A CCJ must be obtained before a charging order can be put on the house and only then if the terms of the original CCJ have not been met.

 

3. A deed of assignment is not needed if the DCA is collecting on behalf of the original creditor, only if they have purchased the debt. The lack of this is really only useful in practical terms for the purposes of defending court actions.

Edited May 13, 2008 by tiglet
spelling

[stardust_john]

Thanks for correcting me and it shows I still have a lot to learn. But thats what this site is great for.

 

Fair enough Deshaine.

[Fuzzgin]

I'm happy to listen too, and hope that Deshaine can do some good but it isn't going to be easy. In a world where DCAs can use arrogance and bullying to belittle vulnerable people and accuse anyone who questions their right to demand money of stealing money with no intention of repaying, who would be surprised if the targets react when it appears, the "bully" steps into their space. It's not an even battle. DCAs have a huge machinery on their side, this is all we've got and we know they don't like it. "Debtors" aren't supposed to fight back!

 

Good luck Deshaine and if you really want to make a difference then great! Just remember this is our space.

[PriorityOne]

 

Fuzzgin, alot of what I said about customers avoiding debt etc.. comes from personal experience, not from the threads on this forum. However, it's also important to understand that everything you read on here is from the debtors perspective, and though I do not doubt many of the people posting are genuine and have been badly treated, to believe that no-one on here either embelishes the truth, fails to mention an important detail, or outright lies, is naive to say the least. I'm sure someone will have something to say about this, but if you consider it logically (something like a million and a half open threads?) it's bound to be the case.

 

 

Thanks for replying to my question about what you were doing here with honesty, Deshaine... it's appreciated.

 

You're not wrong in some of your assumptions. There will always be those who purposefully avoid paying debts, just the same as there will always be those who do not want to find work, for example. IMO however, these are the main 2 areas of life which tend to overlap and receive the same stigmas; where people get tarred with the same brush, whatever their views towards life, responsibility and so on..... and regardless of unfortunate life circumstances. Persecution of those without money... for whatever reason.... has been around for centuries in some shape or form, almost like some kind of sport.

 

For my own part, I will freely admit to embellishing the truth on occasion, although I've never lied on paper. However, these embellishments have all been in response to creditors either being unwilling to accept token payments based upon what I could afford at the time or, when they have accepted payments.... either continuing to rack up the interest or simply becoming fed up with collecting them; wanting faster repayments instead .

 

I have also failed to mention two "important details", simply because it would not have neen in my interests to do so. The fact that creditors/DCAs were unable to ascertain the true facts and nail my butt to the floor is because they were not as good at the intimidating tactics as they liked to believe they were. Nevertheless, I have always maintained token payments unless I started to get harrassed for more than I could afford... and that's the only time when my creditors/DCAs have started to come unstuck, so to speak.

 

Does that make me a bad person ? I presume that you will think so... as I haven't delivered certain information to your industry on a plate. However, I view it as protecting my own interests in the face of adversity. Simple as that.

 

Have you ever been in debt Deshaine ? It's a completely different ball-game from the other side of the fence, I can assure you. Can you honestly say that you would be completely open and forthcoming with your own personal information in similar circumstances ?

 

More food for thought perhaps.....

Edited May 13, 2008 by PriorityOne

[Deshaine]

Thanks for replying to my question about what you were doing here with honesty, Deshaine... it's appreciated.

 

You're not wrong in some of your assumptions. There will always be those who purposefully avoid paying debts, just the same as there will always be those who do not want to find work, for example. IMO however, these are the main 2 areas of life which tend to overlap and receive the same stigmas; where people get tarred with the same brush, whatever their views towards life, responsibility and so on..... and regardless of unfortunate life circumstances. Persecution of those without money... for whatever reason.... has been around for centuries in some shape or form, almost like some kind of sport.

 

For my own part, I will freely admit to embellishing the truth on occasion, although I've never lied on paper. However, these embellishments have all been in response to creditors either being unwilling to accept token payments based upon what I could afford at the time or, when they have accepted payments.... either continuing to rack up the interest or simply becoming fed up with collecting them; wanting faster repayments instead .

 

I have also failed to mention two "important details", simply because it would not have neen in my interests to do so. The fact that creditors/DCAs were unable to ascertain the true facts and nail my butt to the floor is because they were not as good at the intimidating tactics as they liked to believe they were. Nevertheless, I have always maintained token payments unless I started to get harrassed for more than I could afford... and that's the only time when my creditors/DCAs have started to come unstuck, so to speak.

 

Unfortunately, due to the highly competitive nature of the business, and the vast quantities of accounts many DCA's deal with (particulary pre-default, where it's just a case of chasing late payments on store cards etc.., not true 'default debt' so to speak), the power dialler hardware DCA's use has come more and more into use. This means thorough investigation by the average telephone agent is difficult - the first they know of the account is when the call connects and they are speaking to the customer. This means it is impossible to gauge the account, take full stock of the notes, and choose a tailored approach for each customer prior to calling. It does mean however, DCA's are able to deal with a high volume of accounts.

I have always believed that collections fell outside the normal call-centre type operation, because of the investigative approach required to collect effectively.

 

Does that make me a bad person ? I presume that you will think so... as I haven't delivered certain information to your industry on a plate. However, I view it as protecting my own interests in the face of adversity. Simple as that.

 

P1, I have no opinion at all on whether you are a bad person - I'm sure your probably not, I really don't know you, and neither do I pretend to know anyone we contact at work either. It's just a job, that's the way I approach it - if I took every insult personal, or judged every person I dealt with, I would be an extremely cynical and depressed person.

 

Have you ever been in debt Deshaine ? It's a completely different ball-game from the other side of the fence, I can assure you. Can you honestly say that you would be completely open and forthcoming with your own personal information in similar circumstances ?

 

Yes, I have been contacted for a emergency loan I took out in my student days and didn't repay - I'd forgotten all about it TBH. Though the company would probably have had problems proving I owed it, I KNEW I did once reminded, and paid it in installments, which was accepted. I also have a mountain of current personal debt, though it's all well managed and I have no arrears (obviously, I can't afford any marks on my credit file due to my profession). I think you'd struggle to find anyone who doesn't have debt these days.

Also, I grew up around debt, I am very much working class, and both my parents struggled (and still do) with catalogue, provident, loan, bank payments etc....

So there's my credentials I guess, thank you for the response P1

 

More food for thought perhaps.....[/quote/]

[angel_1]

hiya all

ive been reading this thread with interest, im learning fast, ive read and learnt that everyone has to fight for their beliefs - ive found some of my creditors have been great with my initial letter to them, have given me either 6 or 12 months to pay in pro rata installments and some with no charges and interest, some however mainly MBNA, have been a total nightmare and disregarded my points and my legitimate claim. Now ive decided to play this silly game, and have with this forum sent the harrassment letter, the data protection letter and cca'd them for the copy of the credit agreement, and now they are going to default me!!! well in the office of fair trading it tells me they cant as the account is in dispute, all my letters are sent recorded and ive been paying on time for the past 3 months and also intend to pay as a good will gesture this month too, im going to ask for my credit files today too and then see if i go get the cca or if any bad remarks appear on the credit report, whilst the account is in dispute they cannot inform the credit agency nor add charges or interest.

So i guess what im saying - whilst 3 months ago i had high hopes i could explain my position and give a genuine offer to all, im paying half my part time wages to all the creditors not this 1.00 each, ive had good responses and really bad ones.

 

so the way i now see it - let the legal paperwork trail do its stuff, if im taken to court, i really would like to express my opinion and show the Judge the way ive tried to deal with this problem, and the help or unhelpful way ive been treated. I may only be one voice but damn ive a lot of things i need to say not just for me but for others that are in the same boat - I will also inform my local MP and throw him a challenge to come and see what this debt business is doing to the country and its people.

 

So yes there are people who avoid paying, i know a few and yeah what happens to them, still not paying and theres the like of me paying something each month and still being hounded and threats of legal action,

 

Im still off work therefore until im informed to go back to work, i still have to deal with my debts this way, of course ive told all my creditors and the onces that arnt listening, well tough, let the legal trail continue because in a funny way its helping me get better, does that sound mad?

 

Keep up the good work all, and im saying to all, keep reading keep learning and do all you can to pay what you can and above all dont let your spirts die cos thats the only thing no one can ever take from you.

 

Keep happy

 

ciao MAZ

[PriorityOne]

Unfortunately, due to the highly competitive nature of the business, and the vast quantities of accounts many DCA's deal with (particulary pre-default, where it's just a case of chasing late payments on store cards etc.., not true 'default debt' so to speak), the power dialler hardware DCA's use has come more and more into use. This means thorough investigation by the average telephone agent is difficult - the first they know of the account is when the call connects and they are speaking to the customer. This means it is impossible to gauge the account, take full stock of the notes, and choose a tailored approach for each customer prior to calling. It does mean however, DCA's are able to deal with a high volume of accounts.

 

 

 

If you're looking into ways of improving your industry (as you mentioned in a previous post), then you need to scrap the power dialler software. It's harrassing, unwelcome and as you've already stated that the operator is unfamiliar with individual circumstances and/or correspondence received... it's also a pointless exercise, unless the aim is to harrass the life out of the person on the receiving end, of course.

 

I can only assume that this is the main reason for introducing power dialling software in the first place... and the fact that it's probably much more cost effective than employing qualified people who know what they're actually doing when they try to make contact.... instead of the fodder your industry normally hires.

 

[Deshaine]

In relation to this P1:

 

If you're looking into ways of improving your industry (as you mentioned in a previous post), then you need to scrap the power dialler software. It's harrassing, unwelcome and as you've already stated that the operator is unfamiliar with individual circumstances and/or correspondence received... it's also a pointless exercise, unless the aim is to harrass the life out of the person on the receiving end, of course.

 

 

I can only assume that this is the main reason for introducing power dialling software in the first place... and the fact that it's probably much more cost effective than employing qualified people who know what they're actually doing when they try to make contact.... instead of the fodder your industry normally hires.

 

The power dialler has no effect on the hiring criteria of the agents, what it means is agents dont spend time trying numbers that dont work. Basically, whenever an agent is ready for calls, they will be speaking to someone by default, due to the fact the dialler does not connect the agent if the call isn't answered. Therefor, it's cost efefctive, as the agents are always working, with calls being tried several times throughout the day. On predefault cases it's actually very effective. Obviously there are complaints on here, but if you compare that with the amount of calls being connected every day then you can see where the companies are coming from.

As a side note by the way, many companies do not use power diallers, and some DCAs use a combination of both.

 

[adamski]

Deshaine

What happens when the account is sent back to the OC, say for instance because of n0 CCA agreement

[Fuzzgin]

I agree with Priority One here, unless you get rid of the power dialler it will always be a battle between us, trying not to be harassed and bullied and the call centre employee who hates his/her lousy job so much that they can be persuaded to bully the person who is slightly worse off than them. That's how bullying works.

 

Where the power dialler is used you do not have intelligent, good quality staff who will take time to work out the best way to get the customer to pay the amount they can afford, you have idiots demanding impossible amounts that WILL be defaulted on because anyone (like me) who is bullied into paying ridiculous amounts of money will default and the whole stupid process starts again and again and again and again and again............... How exactly is that cost effective?

[PriorityOne]

Even if the dialler doesn't connect the call when it isn't answered, it hasn't stopped robotic messages being left on my answerphone on a twice daily basis.... so I assume that the robotic message of my BT answerphone triggers off this similar automated response from a DCA system.

 

Whether it works for your industry or not is of no concern to me... If you really do want to help clean up the industry however, then doing away with these power diallers would be a good place to start.

[PriorityOne]

Deshaine

What happens when the account is sent back to the OC, say for instance because of n0 CCA agreement

 

Then you deal with the OC directly. There is still an obligation to comply with the original request though.

[adamski]

If they cannot produce the CCA will they just pursue you for the debt or take their chances in court?

[PriorityOne]

If they cannot produce the CCA will they just pursue you for the debt or take their chances in court?

 

It depends on who it is.... and how savvy they think you are. In my experience, if you point out that what they've sent you is unenforceable (if it is)... and on what grounds, then they'll normally flog it on to the bottom-feeders.

 

If there is no CCA however, then the account remains in dispute even if returned to the OC, providing you've kept evidence of their receipt of that request under CCA, 1974