DCA

[newtothis]

Hi im a bit lost - This is my first post on this site. Basically last year I recieved a load of letters from a DCA demanding payment on and old mobile phone account (2007 alledgedly over £600) - I sent some prove it letters and basically they pilled on the pressure sending 'soliciter' letters and we say you owe it so pay it letters - in the end they could not prove it and returned the account around november last year - , a few weeks ago i started gettings loads of calls from a new DCA Debt Managment LTD and then a letter demanding 7 days to pay up. I havent contacted them yet - I searched my house but cant find the old DCA's letter saying the account has now been returned. - i did once have a mobile in 2007 and i once had a high bill and when i queried it and asked from detailed records they couldnt provide them a few days later i called to see what was happening and they said they had passed int on to a dca - i just left them to it at the time i moved alot so wasnt bothered - i never heard anything until last year.What should i do should i just ignore them completely (they arent sure i live here and i dont think they can take me to court as The last DCA could not find any proof. Or do i need to start this prove it process all over again so if they do decide to take court action i have a stronger case, could i just write one strong letter (any templates?) as i know the way this is going to go me send a prove it they send loads of Red bold capital letters demanding payment and threatening court action and write letter after letter paying recorded delivery, and for printing (I dont have a printer so have to pay at the library). Help me please - i suceeded the first time but i dont feel confident dealing with these companies.

[miliitant]

Re: DCA

is this Debt Managment LTD based in edingburgh

[teaboy2]

Re: DCA

Hi - Yes please provide the names of the phone companies and the DCA company now sending you letters?

Have you checked your credit file to see if a default has been placed on it, if so what was the date the default was placed on your file - If it was 2007 then it will be closed to statuted barred (2013), or if you live in scotland it maybe statuted barred already (2012).

Had similar dealings with a non existant phone debt with Lowells myself, boy they picked on the wrong person i can tell you that lol.

[miliitant]

Re: DCA

i have this address also

Debt Managers Ltd
Bradmarsh Business Park
Dodds Close
Bradmarsh
Rotherham
S60 1BX

Debt Managers Ltd
PO Box 168
4 Jamaica St
Edinburgh EH3 6UP

PO BOX 168.
19 HERIOT ROW,
EDINBURGH
EH3 6JR

Swanage Court
Dodds Close
Rotherham
South Yorkshire
S60 1BX

[teaboy2]

Re: DCA

Personally i would send the idiots the letter below:

Reference Number XXXXX

I DO NOT Acknowledge any Debt you Claim is Owed to Either you or your Client

Dear Muppets

I refer to your letter demanding payment dated xx/xx/xxxx, for an alleged and unprove phone debt.

I remind you that if you wish to damand payment you are obliged to first prove the debt exists. As the last Debt collection company failed to prove that i owed the debt, after i send them a letter requesting they send me prove that i owed, their responded stating they are unable to prove it and were returning it to the original creditor. I therefore suspect that you also are not able to prove it.

Am sure you will be aware of the OFT V Ashbourne Management Services Case Law, and as i suspect your demands payment relate to some termination fees, for an account i know nothing off. Then you should be aware also that such termination fees are deemed unlawful and/or unfair.

Therefore, until you are able to send me prove that i owe the debt you are to cease and desist from all collection activities and remove any default (which would be libellous without prove i owe the alleged debt) from my credit files. If you continue your demands without proof then i will deem you in breach of the protection from harassment act 1997 (a criminal offense). Oh and no, a break down of the account and list of payments or a copy of a bill (which can easily be created/fabricated on a computer) is not prove. Prove would be a signed copy of the alleged phone contract (No entering a sim card is not acceptance of terms and conditions), along with details of bank details used to make payments to alleged account, or card details. Am sure you are also aware that under UK contract law, accept terms requires an unquivical clear written or verbal communication of acceptence and i doubt you have such either.

Be warned, if you fail to send any proof and continue attempts to collect, or if you fail to remove any default or adverse data you or your client has recorded on my credit file (and i will be checking) then i withold the right to bring legal proceedings against you for either or both libel and/or harassment.

You have 14 days to comply.

Your sincerely

PRINT YOUR NAME DO NOT SIGN BY HAND.

P.S make sure you correct my spellin errors first lol

[labman]

Re: DCA

I would totally ignore this first letter. If they bother to get in touch again, then send a prove it letter.

[newtothis]

Re: DCA

Hi thanks so much for this. The company was originally carphone warehouse - the last DCA (fredrickson) said they had no records of a dispute (Why does this not suprise me) but failed to be able to supply any proof (but continued to send loads of demands including soliciters letters until someone i know said that the ammount of pressure they were applying would have been viewed as attempts to get me to pay under 'duress. ' - when i wroTe this in a letter they stopped and handed the account back). I have used and messed about with your template how is this:
I refer to your letter demanding payment dated xx/xx/xxxx, for an alleged and unproven phone debt.

I would like to remind you that if you wish to demand payment you are first obliged to prove the debt exists. I will advise you that a previous Debt collection company failed to provide me with the details of this alleged debt when requested resulting in returning this account to the original creditor.

Once again I will state that I have no knowledge such debt being owed. Therefore until you are able to send me proof that I owe the debt you are to cease and desist from all collection. Furthermore, ignoring and/or disregarding claims that debts are disputed and continuing to demand payment amounts to psychological harassment and you in breach of both the OFT Debt Collection Guidance 2003 and of the Protection from harassment act 1997 (a criminal offense). A breakdown of the account and list of payments or a copy of a bill (which can easily be created/fabricated on a computer) is not proof neither is entering a sim card which is not acceptance of terms and conditions. Proof would be a The original Contract containing, my signature, tariffs, contract length, method of payment and the amount of notice you have to give to cancel the agreement, the cost of calls, the key charges such as the minimum contract charges and any early termination charges (if any), payment terms, the start date of the service, termination rights (if any), any minimum period of contract and a copy of the bills and payments which will clearly show the details of this alleged.. I am sure you are also aware that under UK contract law, acceptance terms require an unequivocal clear written or verbal communication of acceptance and I doubt you have such either.

Be warned, if you fail to send any proof and continue attempts to collect contacting me through either yourselves or solicitors stating the alleged amount owed, demanding payment, and / or threatening court action. This will be viewed as an attempt to exploit my lack of knowledge of legal and consumer rights issues and I by doing this you are intentionally ignoring my request for proof of this debt and amount owed in order to cause so much stress that I pay through duress. If you fail to remove any default or adverse data you or your client has recorded on my credit file I will then I uphold the right to bring legal proceedings against you for both libel and/or harassment.

You have 14 days to comply.


AFter i send this and if they dont send proof can i just ignore them? DO you think they might forge something ???

[newtothis]

Re: DCA

Should I send this or should i ignore them which is better - They have sent on phishing letter - loads of electronic phone calls - I never am in just get electronic voice mails and at the begining of this week i got one You have seven days to pay this (capital letters, legal threats etc). Because they couldnt prove it before im not worried but wasnt sure if i needed to put my foot down with a letter before court proceedings start - if they ever do??

[newtothis]

Re: DCA

Yes thats the ones they have a few offices i think cause the calls are from rotheram and edinburgh.
Is the legal requirment to give them 14 days - I wish I could say 7 as they feel they can just write and say pay this you have 7 days.
It will be statute barred next june - but i have a feeling (am i right anyone) that even when debts are statute barred the DCA's still attempt to collect.

[teaboy2]

Re: DCA

send the letter just to shut the idiots up, since they are calling you as well.

[newtothis]

Re: DCA

Do you think they will shut up - once i send this and if they fail (and to be honest if they do provide proof i suspect it will be forged as I truly dispute this debt and always have done and nobody has ever been aboe to provide proof) can i ignore them (excluding complaints for harrassment)

[labman]

Re: DCA

I always say ignore the first, prove it on the second contact. Sometimes on these forums you will get differing opinions of which way is correct - the good thing is that neither is wrong! Ultimately only you can decide which you choose.

[teaboy2]

Re: DCA

Agreed with labman but since they are harassing you by phone or attempying to, then i always say thats when you go in for the kill. Otherwise they may keep on calling you countless times a day/week and not send you any other letters, and theres always that risk where if you don't go in for the kill first they may issue a court claim or satutory demand. Where going in for the kill first will would stop them dead in their tracks as they will then know you not going to take crap from them and will fight them all the way. Basically they like pushovers, when they realise your not a pushover they will go away just like the last DCA did.

But as labman said, its really up to you. As both labman's and my way off doing things are correct.

[labman]

Re: DCA

Alternatively, you can log the phone calls, keep your itemised bill to prove you were called. Answer, but refuse to go through security, write and ask them to stop harassing you, then counter sue for harassment. I'll leave you to decide now, as the are pros and cons to each way.

If you just want them off your back, try Teaboy's way first. Can't remember at this time in the morning whether he said to put mention of the OFT Debt Collection Guidelines in. They should appear somewhere as they will be in breach of them.

[bluebottle]

Re: DCA

One copy of OFT Debt Collection Guidelines for your information and use. This is the most up to date version available. When writing to DCAs, it is a good idea to quote the item numbers they have breached, e.g. 3.4, 5.6, etc.. You could also print off the relevant page(s) and enclose them with your letter, highlighting the relevant items the DCA has breached. That way, they can't say they didn't know and, as both Labman and Teaboy say, it shows them you're no pushover.