DCA Reconstituted work of fiction

[nemesis45]

Re: DCA Reconstituted work of fiction

I would not reply just yet , wait until something substantial comes through the post

Why? The claimant has provided a poor recon agreement to back up its claim what more substantial is there now.
Answer nothing!

nem

[FlamingParrot]

Re: DCA Reconstituted work of fiction

Why? The claimant has provided a poor recon agreement to back up its claim what more substantial is there now.
Answer nothing!

nem

Claimant? I didn't think a claim had been issued... :confused2:

[nemesis45]

Re: DCA Reconstituted work of fiction

Claimant? I didn't think a claim had been issued... :confused2:

Apologies wrong terminology! surprised you lap dog didn't pick that up FP

[Berniethebolt]

Re: DCA Reconstituted work of fiction

Why? The claimant has provided a poor recon agreement to back up its claim what more substantial is there now.
Answer nothing!

nem

Why tip them off now that the recon is rubbish. When and if something more substantial arrives that is the time to reply, well in my opinion.

[PurpleMinion]

Re: DCA Reconstituted work of fiction

Thanks for your opinions guys.

The facts so far.
They have only recently sent the reCON,
no claim has been made.

I have draughted a rebutal letter ready to go, but we have decided to hold this until the threats become more serious. Like Berniethebolt says, why tip them off to soon.

One final point if there is no valid CCA is the interest they have added is illegal to?

I Know i could wipe the floor with them in court and am prepared to do so if this happens, But if this can be avoided, it would be my preferred option.

[mystery1]

Re: DCA Reconstituted work of fiction

Why tip them off now that the recon is rubbish. When and if something more substantial arrives that is the time to reply, well in my opinion.

If they launch a claim it is better to have told them as they are then in the position of knowing the recon is crap and their behaviour unreasonable rather than potentially having a judge think you are the one behaving unreasonably as it may have consequences in costs.

M1

[Berniethebolt]

Re: DCA Reconstituted work of fiction

The failure to comply with a S78 request only bars them from enforcement in court.

I am a little worried about them adding interest , are the DCA actually part of the OC , for example Blair Oliver and Scott are part of Halifax and Mercers are part of Barclays ( I think).

The Original Creditor is Sainsbury's Bank did you say so who are the DCA.

Has the account been defaulted and if so did you ever receive a termination notice as if you did, even if the account is still with Sainsburys I don't believe they can add interest.

I remember that I used to get letters from Cabot with different amounts on them and my DMP advisor said it was interest but frankly I did not trust him.

[Berniethebolt]

Re: DCA Reconstituted work of fiction

If they launch a claim it is better to have told them as they are then in the position of knowing the recon is crap and their behaviour unreasonable rather than potentially having a judge think you are the one behaving unreasonably as it may have consequences in costs.

M1

M1

I am not suggesting to wait until court to tell them, just to wait until a LBA or something more serious than just a return of a non compliant CCA.
After all what is to say the OP did not just file it and put his/her head back into the sand

I am not one of those who say do not communicate with creditors at all but to be honest I found replying to every letter a very stressful and time consuming, not to mention expensive task .

I personally reply to letters from new creditors i.e after an assignment or if they have not been in touch for a while even if I write some bull . I think on just about every creditor I have I can make a reasonable excuse for thinking their CCA response is non compliant be it iffy terms and conditions, no signature or tick box . being on a low income and having no assets also helps

[nemesis45]

Re: DCA Reconstituted work of fiction

Thanks for your opinions guys.

The facts so far.
They have only recently sent the reCON,
no claim has been made.

I have draughted a rebutal letter ready to go, but we have decided to hold this until the threats become more serious. Like Berniethebolt says, why tip them off to soon.

One final point if there is no valid CCA is the interest they have added is illegal to?

I Know i could wipe the floor with them in court and am prepared to do so if this happens, But if this can be avoided, it would be my preferred option.

Some of us are looking towards a potential claim, being prepared and a step ahead if a claim does get issued.
as M1 says it's the reasonable approach putting them on " warning " that their recon is without merit.

nem

[MIKE770]

Re: DCA Reconstituted work of fiction

you need a paper trail, failure such could mean case lost on probability, .

[Berniethebolt]

Re: DCA Reconstituted work of fiction

It's entirely your call of course

To be honest there is no probability issue if the OP can show that they did not live at the address when the account was opened especially as the house did not exist

Horses for courses I think

We need to remember there has been no LBA and so far not even a sniff of a claim of course I do also know people who always like to have the last letter being from them.

I can only tell anyone what I would do and what so far has worked for me

[nemesis45]

Re: DCA Reconstituted work of fiction

you need a paper trail, failure such could mean case lost on probability, .

I agree Mike!
Also if there's even a "sniff " of getting ahead of the debt purchaser on any point take it, the Debt purchaser and their tame solicitors most certainly would take any such opportunity.

nem

[mystery1]

Re: DCA Reconstituted work of fiction

The failure to comply with a S78 request only bars them from enforcement in court.

I am a little worried about them adding interest , are the DCA actually part of the OC , for example Blair Oliver and Scott are part of Halifax and Mercers are part of Barclays ( I think).

The Original Creditor is Sainsbury's Bank did you say so who are the DCA.

Has the account been defaulted and if so did you ever receive a termination notice as if you did, even if the account is still with Sainsburys I don't believe they can add interest.

I remember that I used to get letters from Cabot with different amounts on them and my DMP advisor said it was interest but frankly I did not trust him.

Some letters are not worth replying to but in any event email is free and they usually provide them.

M1

[PurpleMinion]

Re: DCA Reconstituted work of fiction

Wow, I have started one here. I really appreciate the help.

The DCA is Cabot. I have already made a formal complaint last january, which they have partly upheld. They said they would remove the interest IF I started making payments again.

The reCON was only received two weeks ago, so a little more time waiting to see what arrives won't hurt.

I have a never denied the debt and for six years I have struggled to repay this, but the adding of interest really stunk and was the final nail.

Proving the original address is easy. A land registry search will sort that out.
Sainsburys bank address the same.
The 1999 act speaks for its self

For info we live in a house owned by family, not me.

I understand there isn't one simple fix to this
Thanks again

[FlamingParrot]

Re: DCA Reconstituted work of fiction

Wow, I have started one here. I really appreciate the help.

The DCA is Cabot. I have already made a formal complaint last january, which they have partly upheld. They said they would remove the interest IF I started making payments again.

The reCON was only received two weeks ago, so a little more time waiting to see what arrives won't hurt.

I have a never denied the debt and for six years I have struggled to repay this, but the adding of interest really stunk and was the final nail.

Proving the original address is easy. A land registry search will sort that out.
Sainsburys bank address the same.
The 1999 act speaks for its self

For info we live in a house owned by family, not me.

I understand there isn't one simple fix to this
Thanks again

If it was me I would just say they have not satisfied your s.78 request because what they supplied you is not a valid recon of YOUR credit agreement, but I wouldn't say why it isn't. :tape: :tape2:

Once you tell them that, any further correspondence can just be replied with "...account is in dispute because you are in default of my CCA request... :blah: :blah:" :grin:

If it went to court, you'd then point out where they've gone wrong as DEBDEFENDER did (and he won! :whoo :grin: