DCA

[newtothis]

Re: DCA

Hi
I am sending a letter today as they sent me a letter saying they are sending a doorstep collector - I have added in the letter to only contact me in writing.
I dont think this letter will stop them. DO you think its a form of harassment on carphone warehouses part - that they have never provided proof of this debt and are simply passing this debt around from collector to collector - should I contact carphone warehouse with a complaint.
Is there a letter to pass to doorstep collectors, how should i deal with them - I take it they arent gonna be nice.has anyone had any experience with them? Im not scared of them but I have a 3 year old son and we are at home alone alot should I make arrangements to pass him over the back fence to my neighbours if they come or do you think the fact i have stated they must only contact me in writing will call them off.

I no nobody is a Pyschic but how do you think this will all turn out - Carphone warehouse and the other DCA failed to provide proof - so cant imagine DML having proof (but wouldnt put it past them to make up proof)- But I feel like it isnt going to end just get passed around from DCA to DCA - Next year it will be statute barred but does this stop them hassling you.

[Crispybacon]

Re: DCA

Hi
I am sending a letter today as they sent me a letter saying they are sending a doorstep collector - I have added in the letter to only contact me in writing.
I dont think this letter will stop them. DO you think its a form of harassment on carphone warehouses part - that they have never provided proof of this debt and are simply passing this debt around from collector to collector - should I contact carphone warehouse with a complaint.
Is there a letter to pass to doorstep collectors, how should i deal with them - I take it they arent gonna be nice.has anyone had any experience with them? Im not scared of them but I have a 3 year old son and we are at home alone alot should I make arrangements to pass him over the back fence to my neighbours if they come or do you think the fact i have stated they must only contact me in writing will call them off.

I no nobody is a Pyschic but how do you think this will all turn out - Carphone warehouse and the other DCA failed to provide proof - so cant imagine DML having proof (but wouldnt put it past them to make up proof)- But I feel like it isnt going to end just get passed around from DCA to DCA - Next year it will be statute barred but does this stop them hassling you.

If (read - in the very very unlikely event) that someone turns up what type of doorstep do you have for them to collect? I hope that it is not cemented down too much.

Doorstep collection agents have NO legal powers whatsoever. They are NOT bailiffs, though they like you to confuse them with Bailiffs.

You do not have to talk to them, and if one does turn up, politely tell them they have wasted their time as you have already informed their company that you will correspond in writing only, and then close the door in their face. They can do NOTHING, and if they pretend otherwise inform them that you are calling the police.

Best
Crispy

[bluebottle]

Re: DCA

I had this sort of thing when I moved into my current home in 1998. The previous tenant had defaulted on a number of loans, totalling £1,000s, and done a runner. I had debt collectors knocking on the door demanding money for a pastime. When I told them the previous tenant had left, they demanded to know who I was and to produce proof of identity. It is very tempting to say to them, "What part of 'No' don't you understand?" The best thing to do is tell them that they are trespassing and will be removed, by the police, if they do not leave immediately. Unless they are completely brain-dead, this is usually sufficient to make them leave.

You may also wish to bear in mind the Protection from Harassment Act 1997 and Ferguson -v- British Gas Trading Limited 2009. This can be used to good effect against Carphone Warehouse and their pet DCAs if this unwarranted harassment does not stop.

[newtothis]

Re: DCA

If (read - in the very very unlikely event) that someone turns up what type of doorstep do you have for them to collect? I hope that it is not cemented down too much.

Doorstep collection agents have NO legal powers whatsoever. They are NOT bailiffs, though they like you to confuse them with Bailiffs.

You do not have to talk to them, and if one does turn up, politely tell them they have wasted their time as you have already informed their company that you will correspond in writing only, and then close the door in their face. They can do NOTHING, and if they pretend otherwise inform them that you are calling the police.

Best
Crispy

Lol they can have the doorstep, Its not like im hoarding a fortune under my matteress so I supose coming to my door wont really achieve much - and I do always say to anyone that comes knocking (or ringing) that i dont buy things and to post me the details. I supose they might think they can embarrass me into paying but i have filled in the neighbours in already. Im just suprised they would spend money on hiring someone to come to my house - It seems so over the top on a debt that doesnt even ammount to £700 and already has been failed to been proven twice (once by CPW and the other by Fredrickson). It just doesnt seem worth it I cant imagine they 'purchased' the debt for much.

[Hurricane Puffrose]

Re: DCA

i would suggest you file the letter under B. (for Bin).
If a doorstep collector arrives tell him you will only communicate in writing and come away from the door, or as Crispy suggested, point to the doorstep and say did you bring your own sledgehammer?

dependant on how old this debt is will depend on your course of action. If your debt is over 6 years old and there is no CJJ attached to it, I hear DCAs letters make perfect airplanes!

[newtothis]

Re: DCA

Its got no CCJ - It all started in 2007 and I paid a bill and then I got another bill about a week later for around £200 so i called phone company and she couldnt find records of this massive bill (I called because funnily enough someone i worked with had a high bill from the same company and questioned it and they in the end said it was an error, I had a work mobile at the time and dont use the phone much so i knew it was ridiculous - and this is before the days of smart phones that update themselves etc) anyway they were and was humming and haaaaing and couldnt help and told me to call back at the end of the week within 2 days a DCA was hassling me - ANyways I was moving so I just left them to it. Then last year and no idea how they got my address (thinking Census possibly voting registar) a DCa contacted me about a phone debt over £600 - so the prove it war begun - but they disregarded about 4 prove it letters sending loads of pay or else, Heres a payment card, Heres a letter from our Lawyers - Then i sent a complaint - theyreplied saying my complaint wasnt valid and sent me there 'budgeting form' (which was hilarious asking how much i made before tax and any possible overtime etc and not asking if i had dependents etc - i assume so they could then demand high monthly payments). They never sent proof the only stated the ammount they claimed was owed in the letter and they had a record of me paying the company in June 2007 - So I sent another complaint which was stronger worded my sister who knows a bit about legal stuff looked at all there letters and said i had enough evidence to prove they were trying to make me pay using 'duress' and she told me to use this word because the legal implications would scare them (so i did). then they handed the account back - the pain is that it does cost a bit because unless you send these letters by registered mail they seem to lose them- The letter i sent yesterday was £5 so thats why i just want them to leave me alone - If they dont prove it in the 14days given (and if they do I think it will be forged documents - because genuinly i do not believe this debt is real) I think I will send them 1 more letter saying this is not proof - leave me alone (I will be on here begging for a template)- then just collect up their letters and let them take me to court.

[teaboy2]

Re: DCA

I had this sort of thing when I moved into my current home in 1998. The previous tenant had defaulted on a number of loans, totalling £1,000s, and done a runner. I had debt collectors knocking on the door demanding money for a pastime. When I told them the previous tenant had left, they demanded to know who I was and to produce proof of identity. It is very tempting to say to them, "What part of 'No' don't you understand?" The best thing to do is tell them that they are trespassing and will be removed, by the police, if they do not leave immediately. Unless they are completely brain-dead, this is usually sufficient to make them leave.

You may also wish to bear in mind the Protection from Harassment Act 1997 and Ferguson -v- British Gas Trading Limited 2009. This can be used to good effect against Carphone Warehouse and their pet DCAs if this unwarranted harassment does not stop.

Lol you should have shown them your warrant card, if you still have it. Now that would have been an amusing sight to see their faces when they saw that

[Crispybacon]

Re: DCA

Ok so you've given them 14 days to respond. Ball is in their court. Don't lose the proof of postage and delivery so they can't say they didn't receive it.

You have nothing to worry about right now. This DCA is probably a bottom feeder, taking the scraps that other DCA's have discarded because its too much bother. The alleged debt is getting close to being statute barred, so they will have bought the debt for a few pence in the pound and are trying to scare you before it goes SB. The fact they are threatening doorstep collectors is a signal of their desperation. They WANT you to call them:

1) They have a high chance of getting your phone number so can subject you to further harassment
2) It gives them more opportunity to spin lies, and either get an admission the debt exists or a payment, restarting the SB clock

You are doing everything correctly, time is on YOUR side here at the moment, not theirs. The harder they have to work, the greater the likeyhood of them dropping it and leaving you alone.

Best
Crispy

[Hurricane Puffrose]

Re: DCA

your wish is my command


Formal Complaint
Letter before Action

Dear Sir/Madam,

With reference to my previous letters, I wish to draw you attention to your company's lack of compliance with my legal request.

On **DATE** I made a formal request for a true signed agreement for the alleged account under consumer credit Act 1974 s77/8. A copy of which is enclosed for your perusal and ease of reference.
You have failed to comply with my request, and as such the account entered default on **DATE**.

The document that you are obliged to send me is a true copy of the executed agreement that contained all of the prescribed terms, all other required terms and statutory notices and was signed by both your company and myself as defined in section 61(1) of CCA 74 and subsequent Statutory Instruments. If the executed agreement contained any reference to any other document, you are also obliged to send me a copy of that document.

As you may not be aware , failure to comply with this request within 12 working days renders the alleged debt UNENFORCEABLE in law.

Furthermore you should be aware that a creditor is not permitted to take ANY action against an account whilst it remains in dispute.

The lack of a compliant credit agreement is a very clear dispute and as such the following applies.

* may not demand any payment on the account, nor am I obliged to offer any payment to you.
* may not add further interest or any charges to the account.
* may not pass the account to a third party.
* may not register any information in respect of the account with any credit reference agency.
* may not issue a default notice related to the account.

Therefore this account has become unenforceable at law.

Consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS.

After taking advice, I am of the opinion that your continued pursuit is in violation of the Administration of Justice Act 1970 section 40, Protection from harassment Act 1997 section 3 as well as breaching a number of the OFT Collection Guidelines.

I reserve the right to report your actions to any such regulatory authorities as I see fit.
You have 14 days from receiving this letter to contact me with your intentions to resolve this matter which is now a formal complaint.

I hope that you will enter into a sincere dialogue with me about this matter and I am writing this letter to you on the assumption that you would prefer to do this than merely respond with standard letters and leaflets.

I would appreciate your due diligence in this matter.

I await your rapid response.

Yours Faithfully


stolen from a sticky by curlyben in the forums debt collection agencies

[Crispybacon]

Re: DCA

Hi Puff

I may be incorrect here, but I don't believe CCA requests apply to mobile phone contracts.

A simple letter stating that evidence of the alleged debt is produced, and a breakdown of how the balance has been arrived at, through invoices of services rendered or charges is supplied. If this is not supplied then further correspondence will be treated as harassment and reported to the OFT as a breach of their guidelines.

Best
Crispy

[newtothis]

Re: DCA

using CAB's website advice i requested the following from the last DCA '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 debt.'

[Crispybacon]

Re: DCA

It sounds like you are doing everything spot on. I would send that letter again, make sure you keep proof of postage.

I know its a PITA but this is how these companies operate, they hassle and grind you down until you give in and just cough up.

It sounds like the first DCA when back to the mobile phone company, who then gave them the same response they gave you which is a great big Errrrrrrrrrr

So they have now sold the debt to this new bunch of muppets, who need to be treated the same as the last. Until you have evidence that a debt exists you are not going to pay it. Its a simple request, and one that they should be able to comply with. If they do not then they are in breach of OFT guidelines on debt collection, but one step at a time.

Best
Crispy

[Hurricane Puffrose]

Re: DCA

OOPS i copied and pasted the wrong link!! My bad!!

sorry

[bluebottle]

Re: DCA

Lol you should have shown them your warrant card, if you still have it. Now that would have been an amusing sight to see their faces when they saw that

Unfortunately, you have to hand in your warrant card when you retire. Showing a brain-dead idiot a warrant card doesn't always have the desired effect. Sometimes, it will provoke a response of "So f****** what?" and things can get very hairy.

[newtothis]

Re: DCA

hi just to update you on this - I recieved a letter saying the have noted my comments and that my dissatisfaction has been noted and being dealt with by the complaints process. that they purchased the debt from the phone company in good faith. They have now sent a copy of my letter to the phone company requesting the info i require and once they recieve their clients response they will contact me again until then the account is on hold.
They say they have removed my number from their file and any other queries to contact them leaving a number .
So what do you think - how long have the phone company got to comply ? is the 14 days i mentioned in my previous letter applicable - do you think they will come back to me - or is this a handed back to original debtor letter written in a way to save face - obviously im pleased but feel like a sitting duck.