Catalogue 'debts' now with DCA

[labman]

Re: Catalogue 'debts' now with DCA

Try sending this. Its main aim really is to avoid court action, which in my opinion is highly unlikely anyway at present.

Dear Sir/Madam,

Your Ref: xxxxxxx

This is a formal request under the Consumer Protection From Unfair Trading Regulations (CPUTR) 2008.

I require your organisation to provide written confirmation that states clearly whether you currently hold an original signed Consumer Credit Agreement, or whether you do not hold an original signed Consumer Credit Agreement pertaining to myself.

For the avoidance of doubt, an original signed Consumer Credit Agreement is just that; not an application for credit and not a reconstructed or microfiched document from other sources.

Please note that until such times as a legally enforceable, original Consumer Credit Agreement can be produced and a copy sent to me by return, then this letter is not an acknowledgement of debt.

Please also note that failure to provide a direct answer to this request will be brought before the court, should you decide to defy the content of this letter and instruct solicitors to pursue enforcement action regardless.

Yours faithfully,

[andyb000!]

Re: Catalogue 'debts' now with DCA

Ok - slightly modified version sent (changed 'require' to 'request' plus a few additions to keep things friendly).

Reply received noting contents and saying will be in touch with a fuller answer as soon as...

[andyb000!]

Re: Catalogue 'debts' now with DCA

@Labman re "@OP If your son needs help paying off this debt, feel free to pm me, ...."

how do I pm you? can't see how to do it

Just to say that as son's circumstances changed recently since ex girlfriend stopped working, Gregory Pennington/Think Banking have been in touch and mentioned a review - is this a good time to try to get him away from this management-fee orientated environment and get him in with a more charitable organisation? What might be involved?

[Hurricane Puffrose]

Re: Catalogue 'debts' now with DCA

I'm not Labman but I'm sure he wont mind me asking for him.

Go to his profile (you can do this by clicking on his name) and then chose send Private Message.

[andyb000!]

Re: Catalogue 'debts' now with DCA

Well, following sending the CPUTR request as Labman recommended a couple of months ago, things have gone totally silent - not a sausage.

Does this mean we can stop holding our breath now?

[Bill-K]

Re: Catalogue 'debts' now with DCA

It sure seems to me that they have effectively abandoned this pursuit, Andy. They have acknowledged receipt of that letter, but have not responded as required. But make sure you keep those letters safe, as these DCA's often pass these debts around - or even exhume them themselves later !!!

[andyb000!]

Re: Catalogue 'debts' now with DCA

Have finally received a letter from Lowell:

Paraphrased it says

ref previous correspondence
Apologies for delay in responding to the query you raised with us [this was the CPUTR request we made]
Every effort made to contact original client to resolve the matter on your behalf.

It goes on and I quote:

"After reviewing the account and in light of the timescales it has taken to achieve a satisfactory response, we are prepared to take a commercial view in relation to this matter and as a gesture of goodwill and strictly without an admission of liability are prepared to close the account.

"We can confirm that no further action will be taken by us with regards to this account.

"Pleased be advised that we have contacted all credit reference agencies to remove any defaults relating to this account.

"We hope that the above meets with your approval.." etc

On first reading this sounds like good news - but looking again, I'm a little worried about the wording of the first quoted paragraph - why a gesture of goodwill when they hadn't proven the money was owed by my son, and what liability are they they not admitting?

Also no further action by them but is this actually the end or could we be pursued by others?

Any thoughts on this would be welcomed.

Andy

[labman]

Re: Catalogue 'debts' now with DCA

Hi Andy,

It's a short but potent letter. They're used to seeing normal templates, but this one is just a touch different and puts them on the spot. If they've removed defaults etc... as they say, then I don't think you'll hear anything else from them.

Good result, I'm happy for you.

[Bill-K]

Re: Catalogue 'debts' now with DCA

My take on this, Andy, is that they have abandoned this pursuit - but they are now aware that you are on to their game. So - they have effectively 'covered their @$$es' in their retreat. This could mean that they may well try and sell the debt on to an even lower life-form, so keep all the paperwork, still. But I think we can take it as read that whoever they may sell it to has an even smaller chance than they had of getting any money out of you.

Personally, I would keep a copy of their letter ready to send out to the next chancer that tries it on with you. Eventually, it will all go quiet, I'm sure. However, you may need to check that they have removed the defaults, as this is often an empty promise they make.

I think this is an admission of defeat - so, well done you !!! - but they have left their own options open, so that they can't be chased by another DCA for literally flogging them a dead horse.

JMHO, though.

EDIT: Sorry - crossed posts with Labman - but I think we agree.

[andyb000!]

Re: Catalogue 'debts' now with DCA

Thanks for the 'assurances' guys

It's never ending though - my son received a demand yesterday from a company called DLC ( Direct Legal & Collections) re a phone bill that was settled in full the day after receipt of the demand - it had been delayed in the post by the looks of it (dated 22 Oct received via TNT Post on 1st Nov, settled in full by bank transfer on 2/11).

But the amount DLC were demanding bore little resemblance to what was owed to the phone company and yet there was no explanation of make up of the outstanding amount.

What was worrying though was the first two paragraphs:

"We have been instructed by our client (the phone network provider) to obtain immediate payment of the balance outstanding.

A default may have been registered against your credit file with a credit reference agency. This could affect your ability to obtain future credit."

There was no explanation as to what their relationship was with the phone company except as the company being the client but the demand was for them to be paid - not the phone company.

I'm sure after reading various postings on this forum that this is not correct. No deed of assignment - no prescribed delivery method ( I understand it should be delivered by signed for mail?) - no contact to say the debt was being referred by the phone company, and what the heck is this about a default may have been applied? Are they just trying it on?

I should say though that I have already written to DLC to say "too late - already paid to original creditor" and enclosing copy of the bill. It will be interesting to see how they respond...

As usual any thoughts appreciated.

Andy

[Bill-K]

Re: Catalogue 'debts' now with DCA

I have already written to DLC to say "too late - already paid to original creditor" and enclosing copy of the bill. It will be interesting to see how they respond...

I reckon the chances are that they won't.
If they do, then my advice is...don't !!!

LOL - I'm a poet, and I didn't know it !!!

[ODC]

Re: Catalogue 'debts' now with DCA

You have paid the phone bill and presumably have proof its paid. You could have some fun taunting DLC. If however you wan a quiet life get in touch with the phone company and get them to call off the DCA muppets.

[labman]

Re: Catalogue 'debts' now with DCA

I reckon the chances are that they won't.
If they do, then my advice is...don't !!!

LOL - I'm a poet, and I didn't know it !!!

You speak in rhyme all the time,
Look! It's contagious,
Quite outrageous.

I agree Andy, DLC can go forth and multiply. You owe no money, so ignore them if they respond.

[ODC]

Re: Catalogue 'debts' now with DCA

DLC should stick to chicken plucking

[andyb000!]

Re: Catalogue 'debts' now with DCA

I should also have said that in my letter to DLC I wrote:

"You say “a default may have been registered against your credit file” – if this is so, and it was by yourselves, I require you to remove any default that may have been so registered with any credit reference agency in relation to this, and that you confirm in writing to me that you have done so.

Looking forward to an early response from you."

just for completeness...