received letter from dlc this morning

[ben13]

Re: received letter from dlc this morning

and obviously they are very very very clever, if not telepathic, to conduct a review of your financial situation from the NIL info you have given them.......

Didnt you know they've started employing psychic's

[MrsGem]

Re: received letter from dlc this morning

Didnt you know they've started employing psychic's

There appears to be a typo there....surely DCA's employ psychotics not psychics?

[ben13]

Re: received letter from dlc this morning

:lol:

[messimoo]

Re: received letter from dlc this morning

they are a law unto thier own Ive just been told off for harrassing a well known DCA for a constant stream of annoying mails Ive been sending them well they harass me enough so I thaught a taste of thier own medicine (ok ok Ive now considered myself reprimanded and will go stand in the corner with a guilty expression) they even told me that all mails are kept for action OH SO SCARED LOL

[ben13]

Re: received letter from dlc this morning

And so you should be scared messi. DCA's know the law inside out and never EVER lie, or cheat

[messimoo]

Re: received letter from dlc this morning

oops slipped sent another little mail for the morning :bolt:

[MIKE770]

Re: received letter from dlc this morning

oops slipped sent another little mail for the morning :bolt:

I do not believe you (send another one):bedjump:

[messimoo]

Re: received letter from dlc this morning

now what makes you think I would do something like that or who would like the mail addresses I have so everyone can join in on the fun:decision:

[ben13]

Re: received letter from dlc this morning

Received a Notice of Sums in Arrears yesterday.
Should i file it with the others? Or is it time to play with these idiots?

They also included an OFT info sheet on arrears!!!

[Angry Cat]

Re: received letter from dlc this morning

http://www.legislation.gov.uk/ukpga/2006/14/section/10

[ben13]

Re: received letter from dlc this morning

Hi AC. Thanks for the link but I dont think its very useful for this particular case regarding dlc.
They are chasing on behalf of another DCA on an SB debt

[Nibbler]

Re: received letter from dlc this morning

Maybe something like this?

I do not acknowledge any debt to you or any other company or organisation that you claim to be representing.

Acc/Ref No: *******************

FORMAL COMPLAINT under the complaint procedures set out by the Financial Ombudsman.

Thank you for your letter dated xx/xx/20xx, the contents of which are noted.

On xx/xx/2008 I wrote to <Name of debt collector> regarding a debt that was alleged to be owed by myself. That letter was received and signed for on xx/xx/2008 as confirmed by Royal Mail tracking.

In this letter I pointed out the following items:

1) Under the Limitation Act 1980 Section 5 "an action founded on simple contract shall not be brought after the expiration of six years from the date on which the cause of action accrued".

2) The OFT say under their Debt Collection Guidance on statute barred debt that "it is unfair to pursue the debt if the debtor has heard nothing from the creditor during the relevant limitation period".

3) The last correspondence/payment/acknowledgement or payment of this debt was made over six years ago and no further acknowledgement or payment has been made since that time. Unless you can provide evidence of payment or written contact from me in the relevant period under Section 5 of the Limitation Act, I suggest that you are no longer able to take any court action against me to recover the alleged amount claimed.

4) The OFT Debt Collection Guidance states further that "continuing to press for payment after a debtor has stated that they will not be paying a debt because it is statute barred could amount to harassment contrary to section 40 (1) of the Administration of Justice Act 1970".

Therefore it is clear that the original contact regarding this debt may well have been in breach of the Office of Fair Trading Guideline referred to in item (2).

Furthermore, your subsequent letter is in breach of Office of Fair Trading Guideline referred to in item (4) and constitutes harassment.

As you are no doubt aware, breaches of the OFT's Guidance on Debt Collection are treated seriously by the OFT when considering your fitness to hold a Consumer Credit License.

In particular the OFT has previously stated that:

The Consumer Credit Act 1974 (the Act) requires debt collectors, businesses that offer goods or services on credit and/or are involved in activities relating to credit or hire to be licensed by the OFT. Following implementation of the OFT's new powers under the Consumer Credit Act 2006 on 6 April 2008, the companies could also have specific 'requirements' imposed on them by the OFT. If such a requirement was not complied with, the business concerned could be subject to a financial penalty of up to £50,000. The OFT can also refuse or revoke a licence if it decides that a trader is not fit to hold one. The OFT can take into account any circumstances which appear to be relevant when considering the fitness of an applicant or licensee, including evidence that the company has contravened the Data Protection Act 1988.

Furthermore, that the OFT has recently enforced their guidelines by placing a legal requirement on Mackenzie Hall Ltd to cease pursuing statute barred or disputed debts.

Therefore I wish to formally notify you that unless I received confirmation that this matter is now closed, then I will not hesitate to make a formal complaint to the 'Office of Fair Trading' and also to 'Trading Standards'.

Furthermore, any attempted contact (other than to confirm that this matter is now closed) by any:

• "trading style" of the <Name of debt collector> group
• constituent member of the <Name of debt collector> group
• a third party acting on your behalf
• any company that you claim to act on behalf of
• a third party that claims to have been legally assigned this debt

will result in an immediate complaint to the aforementioned regulatory bodies.

Also please note that any legal action you may consider will be FULLY and VIGOROUSLY defended, and you will be put to a strict proof of the alleged debt and any payment or acknowledgement that you claim within the relevant limitation period.

Furthermore, you may consider this letter a FORMAL COMPLAINT under the complaint procedures set out by the Financial Ombudsman. If you wish to correspond with myself with any other purpose than to confirm that this matter is now closed, then I require you to supply me with a written copy of your complaints procedure and a "final response" that I may forward to the Financial Ombudsman with my complaint.

This COMPLAINT is not going to go away and ignoring this problem could potentially make your situation worse. I therefore strongly recommend that you send written confirmation that no further contact will be made concerning the above account and confirmation that this matter is now closed.

I would appreciate your due diligence in this matter.

[Pinky69]

Re: received letter from dlc this morning

I wouldn't waste my breath on them as they will just write back spouting more nonsense. Check your credit files and if they have made an entry complain to the CRAs that the entry is for an alleged debt which is SB'd and in serious dispute. The CRAs should then remove the entries but if they don't complain to the ICO. Hillesden ahve had plenty of run-ins with the ICO about breaches of the DPA.

[Angry Cat]

Re: received letter from dlc this morning

I wouldn't waste my breath on them as they will just write back spouting more nonsense. ...Hillesden (aka dlc) have had plenty of run-ins with the ICO about breaches of the DPA.

And, have been reported to the Office of Fair Trading on numerous occasions.

Maybe, one day the OFT will wake up and listen?

[Brave Heart]

Re: received letter from dlc this morning

I’ve just won a court case against Hillesden regarding statute barred debt with costs awarded in my favour