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    • "We suffer more in imagination than in reality" - really pleased this all happened. Settled by TO, full amount save as to costs and without interest claimed. I consider this a success but feel free to move this thread to wherever it's appropriate. I say it's a success because when I started this journey I was in a position of looking to pay interest on all these accounts, allowing them to default stopped that and so even though I am paying the full amount, it is without a doubt reduced from my position 3 years ago and I feel knowing this outcome was possible, happy to gotten this far, defended myself in person and left with a loan with terms I could only dream of, written into law as interest free! I will make better decisions in the future on other accounts, knowing key stages of this whole process. We had the opportunity to speak in court, Judge (feels like just before a ruling) was clear in such that he 'had all the relevant paperwork to make a judgement'. He wasn't pleased I hadn't settled before Court.. but then stated due to WS and verbal arguments on why I haven't settled, from my WS conclusion as follows: "11. The Defendant was not given ample evidence to prove the debt and therefore was not required to enter settlement negotiations. Should the debt be proved in the future, the Defendant is willing to enter such negotiations with the Claimant. "  He offered to stand down the case to give us chance to settle and that that was for my benefit specifically - their Sols didn't want to, he asked me whether I wanted to proceed to judgement or be given the opportunity to settle. Naturally, I snapped his hand off and we entered negotiations (took about 45 minutes). He added I should get legal advice for matters such as these. They were unwilling to agree to a TO unless it was full amount claimed, plus costs, plus interest. Which I rejected as I felt that was unfair in light of the circumstances and the judges comments, I then countered with full amount minus all costs and interest over 84 months. They accepted that. I believe the Judge wouldn't have been happy if they didn't accept a payment plan for the full amount, at this late stage. The judge was very impressed by my articulate defence and WS (Thanks CAG!) he respected that I was wiling to engage with the process but commented only I  can know whether this debt is mine, but stated that Civil cases were based on balance of probabilities, not without shadow of a doubt, and all he needs to determine is whether the account existed. Verbal arguments aside; he has enough evidence in paperwork for that. He clarified that a copy of a DN and NOA is sufficient proof based on balance of probabilities that they were served. I still disagree, but hey, I'm just me.. It's definitely not strict proof as basically I have to prove the negative (I didn't receive them/they were not served), which is impossible. Overall, a great result I think! BT  
    • Seeking further advice now. The 33 days in which the defendant has to submit a defence expires at 16:00 tomorrow. The defendant has submitted an acknowledgement of service but looking to get the claim awarded by default in failure to submit the defence. This is MoneyClaim Online and can see an option to request a default judgement but believe that is for failure to acknowledge the claim within 14 days??  So being MoneyClaim Online, how do I request the claim be awarded in my favour?
    • Have to agree with the above Health and safety legislation is specific in that the service provider in so far as is reasonably practicable, the health, safety and welfare at work of all his employees and those not in the employ of the business. You claim is like saying you slipped in the swimming pool area while taking a dip. As rightly stated by by the leisure centre, a sports hall has dedicated equipment and you yourself personally have a legal obligation in mitigating danger or injury to yourself by taking account of your immediate surroundings. Where your claim will fail is if it is reasonable and proportionate to impose liability of the Leisure Centre? The answer has to be no.
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    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

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DEBT Collection Agency of the YEAR Awards


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comedian Ed Byrne has been confirmed as the celebrity guest host for the first ever Debt Collection Agency (DCA) of the Year awards, which take place in Birmingham on 28 November this year.

 

First ever DCA of the year awards?? How come there are results from last year??

 

I knew their information and record keeping was a bit crap, but I didn't realise it was that bad :) The Hilton Metropole in Birmingham is about to get bombarded with letters and 'phone calls from Lowells because they won't be too sure why they are on their list of 'things/people to do'.....and Ed Byrnes chances of getting his fee from Wescot are about the same as him getting a BAFTA award for comedy..........very small indeed.

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HOIST BY THEIR OWN PETARD.

 

Blimey it works....:-)

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Should we not all send in nominatious for the good work cag are doing to assist the Debt Collection organisations become law abiding above board organisations.

 

the work we are all doing challenging these people is free consultation for them and in the long run they will benefit from us.

 

I do have concerns that with all the work we are doing and pushing the DCAs to tidy up their tactics and paperwork, the future debtors will have a more difficult fight on their hands that the current debtors.

If I have helped click my scales....

 

Find my threads by clicking here

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I do have concerns that with all the work we are doing and pushing the DCAs to tidy up their tactics and paperwork, the future debtors will have a more difficult fight on their hands that the current debtors.

 

I think you're probably right, but with ID cards on the way and a more central pool of information, I think you'll find creditors will switch back to their own in-house style of collection, and DCA's will play a much lesser role in tracing and collections. Purchasers showing huge profits for very little outlay will become a nice little earner for the taxman at some point, and they will shrink too.

 

There won't be much need for DCA's when you can start raking it back in yourself, and possibly increase your own profits. Lloyds TSB are already heading in that direction and it's a side effect of the charges issue.

HOIST BY THEIR OWN PETARD.

 

Blimey it works....:-)

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i think i will nominate, i will send one blank sheet of paper and a note saying .

sorry i could not name ONE dca who has not used dubious, underhand, sly nasty, intimidating actions, dca are, by their very nature, parasitic like and should be treated in the same way as most parasites. (i have said this as mildly as possible)

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What must be learned from what CAG and The Cabot Fan Club have achieved is that every step we are taking is making the Debt Collection Industry work harder and smarter to clean their act up. Debt Mountain is right, what is happening is not always evident in the public eye, but the people following us will be the benefactors because time after time, and there's one in court this very morning challenging what Cabot are doing, they are being knocked back and being told by the authorities that they have to do things within the law.

 

Go back on the threads started by tbern123, seahorse, Debt_Mountain and numerous others - what was the objective? - To Get the industry to abide by the law - well now it's happening and there are dozens of people compiling their knowledge and wisdom, researching their tactics, creating public blogs and finding information which is exposing them like never before. What we need is for the Ministers in charge of these so called Regulators to realise that each and every case is not an ' isolated case' as happens when the Information Commissioner gets contacted by deftly speaking solicitors like Willem Wellinghoff trying to talk his way out of trouble. Well they can only do that so often before the Information Commissioner gets wind that these are not isolated cases at all. COMPLAIN if they do not comply with CCA requests or Subject Access Requests - the more the merrier and soon, they will get their license revoked because this is going on wholesale and they are still dumb enough to keep sending out these letters we see here daily which are in clear breach of the regulations. Most of you don't realise this, but read the threads and put these unlawful practices to bed once and for all for all those who follow.

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Ministers or the Civil Service won't listen, at least not until it suits them.

 

Many of these agencies/charities are doing a fantastic job of gathering information which otherwise could remain hidden or private. The link provided earlier is proof that Experian and the Gov have a working relationship over information gathering and usage, and some DCA related companies even have MP's on the board. CCCS and the like (God bless 'em) gather together the stray sheep back into the fold, and then once a repayment schedule is agreed and established the debt is sold to a purchaser, along with all their personal information.

 

Information can be just as valuable as the debts themselves, and as long as all these companies are fighting behind the scenes for a slice of the upcoming ID card database action, no-one with any clout will notice the present practises until it becomes necessary to convince Joe Public and Janet Street-Person that ID cards are the safest and best way to go.

 

It's Social Engineering at it's best. One of the few things on which the Yanks still look to us for inspiration.

HOIST BY THEIR OWN PETARD.

 

Blimey it works....:-)

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HomeNewsJobsMedia PackDiscussion ForumEvents Diary 600px_dot.gifshim.gifshim.gif

Our most interactive conference to date

Collections07%20resized%20for%20e-telligent.jpgds&p.jpg

 

 

 

The Collections/Debt Sale & Purchase conference returns on 28/29 November with a new interactive format. Extensive research earlier this year amongst collections and debt sale professionals identified the hot topics they wanted to learn more about. With a programme devised to specifically address these issues, we have sourced established industry figures who will offer advice, insight and knowledge to help you maximise your business potential. CLICK HERE to download the full programme which includes key highlights such as:

  • Creditors who offer insight into which collections technologies offer best results
  • Key industry figureheads respond to the recent Watchdog television programme, which critised the industry for mis-tracing debtors
  • Valuing a debt portfolio – if you're selling or buying, make sure you know how to value it properly
  • Exclusive research from Salans on the impact of default charges and the unfair relationships provisions in the 2006 CCA

Training to improve your collections success

Don't miss the one day collections training course, running on 29 November. This session, run by Mike Connolly - one of the UK's leading trainers in all aspects of credit control, debt recovery and related law - will be highly interactive, including live calls to real debtors. This hands on approach will provide trainees with best practice for problems and issues which present themselves regularly in their day to day job.

For more information on the training please call us on 020 7940 4835 or e-mail Steph.

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HomeNewsJobsMedia PackDiscussion ForumEvents Diary 600px_dot.gifshim.gifshim.gif

Our most interactive conference to date

 

 

Collections07%20resized%20for%20e-telligent.jpgds&p.jpg

 

 

 

Training to improve your collections success

Don't miss the one day collections training course, running on 29 November. This session, run by Mike Connolly - one of the UK's leading trainers in all aspects of credit control, debt recovery and related law - will be highly interactive, including live calls to real debtors.

 

Lets hope this wa*ker rings a cagger like DMD, Rory, Curlyben, Seahorse or me.

 

Methinks there could be a serious legal offence committed. Still I would relish a call from Mug sorry Mike. I would love to see him made a fool in front of all the eager beavers from the DCAs

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Put 29 November in the diary - answer phone on this day. I have about 8 chances of being that person.

BANK CHARGES

Nat West Bus Acct £1750 reclaim - WON

 

LTSB Bus Acct £1650 charges w/o against o/s balance - WON

 

Halifax Pers Acct £1650 charges taken from benefits - WON

 

Others

 

GE Money sec loan - £1900 in charges - settlement agreed

GE Money sec loan - ERC of £2.5K valid for 15 years - on standby

FirstPlus - missold PPI of £20K for friends - WON

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Lets hope this wa*ker rings a cagger like DMD, Rory, Curlyben, Seahorse or me.

 

Methinks there could be a serious legal offence committed. Still I would relish a call from Mug sorry Mike. I would love to see him made a fool in front of all the eager beavers from the DCAs

 

 

I do hope they pick on a CAGGER or CFC person with these live phone calls - they will get an education :D

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Mike : Hello this is Mike Hunt calling

 

DMD : Hello

 

Mike : Is that Mr DMD?

 

DMD : Yes

 

Mike : I need to go through some security questions with you

 

DMD : Pass

 

Mike : Come on Mr DMD you MUST comply

 

DMD : Pass

 

Mike : Its about your Sharklycard Account

 

DMD : Pass

 

Mike : I have a once in a lifetime proposal for you

 

DMD : And I have one for you mate

 

 

 

...........................BT mysteriously disconnect call. Mike sits down to uproarious applause from the faithful brainwashed muppets

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I have heard that Mike's older brother Warwick is also a DCA employee:p

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BANK CHARGES

Nat West Bus Acct £1750 reclaim - WON

 

LTSB Bus Acct £1650 charges w/o against o/s balance - WON

 

Halifax Pers Acct £1650 charges taken from benefits - WON

 

Others

 

GE Money sec loan - £1900 in charges - settlement agreed

GE Money sec loan - ERC of £2.5K valid for 15 years - on standby

FirstPlus - missold PPI of £20K for friends - WON

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I really do hope Mike falls flat on his face as he tries to contact a debtor live on air. I wonder if he is fortunate to get through to someone how many sections of the DPA he will be breaking by broadcasting the conversation to a hall full of assholes

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