Dealing with DCA's

[berniel]

Re: Dealing with DCA's

Pay it through a third party.

Lend it to a relative and let them send a cheque.
It creates a new contract and prevents them going back on their word and pursuing you at a later date.

Bernie

[jim202]

Re: Dealing with DCA's

:beagle: I'm sorry if this is the incorrect place to start a post but I have looked and looked and I'm not getting no where, so here we go I wrote to Vanqis back in November asking for a copy of the credit agreement and I never received it even tho they cashed the £1 cheque so I phoned them they said they had sent it so I told them I never got it so could they send it again they said they would get the correct department to send it, the next thing Lewis collection wrote to me asking for payment of the debt in full so I ask them for CCA they wrote back saying I needed to ask Vanqui I wrote back saying they where asking for the money so they needed to supply I have today received a letter saying Vanquis supplied me with the CCA in November 2011 so now the whole situation has gone full circle so I just do not know what to do please help because Lewis group say the debt is now payable in full.

[Bill-K]

Re: Dealing with DCA's

Hi Jim.

Best if you start a separate thread for this, so that you get a better chance of more advice. To me, the easiest way out of this is to send Vanquis FIVE CCA s.77-79 requests, asking for FIVE agreement copies, and clearly insisting that they are EACH sent entirely separately - ie., under separate cover. They will have 12 days to comply, and there is NO way they can say that all 5 copies got lost in the post !!!

I would then write to Lewis, perhaps summat like:

" Thank you for your letter confirming that you are not in possession of an enforceable agreement, and for your advice to me to get back in touch with Vanquis about this, which I have now done - as per your kind suggestion.

I am sure you will be aware that Vanquis have 12 days in which to comply with my CCA s.77-79 request, and under the circumstances, I must put the account in dispute until Vanquis or yourselves can show that the agreement exists, and is enforceable. I am sure you will understand my reasons for doing this, and I hope you will bear with me while I act on your good advice. "

[CleverClogs]

Re: Dealing with DCA's

CCS?

[jim202]

Re: Dealing with DCA's

Thank you so much, that's just great advise. Just one more thing if I could take up some more of your time please how the HELL do you start a new post ? ? ? Thanks so much Jim.

[Bill-K]

Re: Dealing with DCA's

LOL - I was just going to post about that - it's not as hard as you think. BUT - I don't actually start threads very often, now, so I needed to check, first !!! Here's my mini-tutorial:
Look at the top of the page, and you'll see a number of 'Tabs' - ranging from 'Forum Home' to 'Donate.' If any of those is clearly wher you want to start your thread, then click on that tab.

If you can't see a Tab that seems to fit, then click on the 'Forum Home' Tab on the left, and that will show you ALL the different areas here. You the basically 'zoom in' to the subject or category that you want to start a thread in.

Maybe my own recently 'worked example' will help here. My daughter had a problem with a garage, so I clicked on 'Forum Home,' and scrolled down to see if I could find an area about this. Under 'General Consumer Issues,' I saw 'Vehicle Finance and Issues,' so I clicked on that. It led to a list of Topics (or 'Threads') - with the option of 'New Topic' near the top, at the Left. Click on that - and you have your very own 'Thread' (or - Topic').

A 'Post' is what each of us then contributes to a 'Thread' - a bit like the 'thread' of a conversation. Let me know how you get on...!!!

[beecee3]

Re: Dealing with DCA's - MMF Email from their MD

I could really do with some help regarding this email received from the MD of Motormile Finance who I have never heard of until last Friday - I have a letter ready to post which details all that I have gleaned from this thread/your site/CCA etc but have just received this from their MD, which I do not know how to respond to (the spelling errors are all his own work):

'I am the Managing Director here at MMF and i have been notified of the serious nature of this file and have asked the collection team to stop contacting you via email as per your request .

You can contact me direct on this email or details as set out below if required , however i am informed that you have sent in mail direct to this office that i await arrival of .

You have my assurance that there will be no visit to your property unless we have the need to re instate the collection of money via the CCJ that is set against you that we now hold full legal title to. However i need to be clear on two points with you before this thing get out of hand .

1. Do you still hold the vehicle under your custody and control within the UK , as if not i will be reporting the car Stolen to the Police .
2. Do you intend to leave the UK other than holidays in the near future .


Please advise the above within 24 hrs as i am concerned regarding our vehicle and its whereabouts , you have my details if you need to talk to me i am more than willing , and i promise to keep to what is set out above , but we will be filing for your bankruptcy ’ in seven days if you fail to respond to mail as you agreed , so please ensure all mail is sent recorded , you are welcome to copy me in via email too as i will be tracking this case personally , and i have copied in to this email our company solicitor .

By the way , you were given the option to return the car and we will clear all we hold against you , so give this some serious thought .

Thanks

Neil'

[CleverClogs]

Re: Dealing with DCA's - MMF Email from their MD

I could really do with some help regarding this email received from the MD of Motormile Finance who I have never heard of until last Friday - I have a letter ready to post which details all that I have gleaned from this thread/your site/CCA etc but have just received this from their MD, which I do not know how to respond to (the spelling errors are all his own work):

I expected no different. :tinysmile_hmm_t2:

(For it was he...)but we will be filing for your bankruptcy ’ in seven days if you fail to respond to mail as you agreed

Impossible - he can't.

i have copied in to this email our company solicitor

Oh, good. That makes the lawyer an accessory/accomplice.

By the way , you were given the option to return the car and we will clear all we hold against you , so give this some serious thought .

How much is the jalopy actually worth and how much do you believe you owe?

[bluebottle]

Re: Dealing with DCA's

Is this MD doing his utmost to get disqualified from acting as a company director, at the very least, or prosecuted, at the worst? Because he's going the right way about it. I would be inclined to send him a letter asking him if he can provide you with evidence he has a right in law to make the threats he has made and that the threats are a proper means of enforcing the demands he is making. Unless he can, you may well have grounds for laying an information before a District Judge or Deputy District Judge in a Magistrates' Court.

[beecee3]

Re: Dealing with DCA's - MMF Email from their MD

Hi,

Sadly it is a decent vehicle from the days when I earned money but it has depreciated like a stone; the orginal agreement was with Private & Commercial Finance (they have had their own financial 'challenges'). I have paid over a third of the payments - probably near to half but need to get a statement from P&C as have not heard a thing from them since 2010 when I asked to reduce my payments due to circumstances (they refused). Their last settlement figure for approx £17K - I had a quote that the vehicle was worth £13K at that time so I disputed that. Now its worth far less - more like £8K. The orginal agreement was for around £26K but paid approx £4K deposit & had a car to part ex with the dealer. The car is safely stored & declared SORN.

We were out of the country for a while at the end of 2010, so action may have taken place in my absence but have received no paperwork/CCJ etc. Our last house was repossessed due to dual loss of earnings, so P&C may have written to that address however, I had given them my email address for all contact. Had no contact from them after November 2010. I had/have a hge amount on our plate dealing with house repossession etc so have to say that I waited for P&C to advise me of their next action - which they never did until this email out of the blue from MMF.

I need to see if a CCJ has been filed & by whom/which court etc. But I still think that this MD of MMF is behaving badly with his various threats - will not hesitate to report him if I am within my rights to do so.

[beecee3]

Re: Dealing with DCA's - MMF Email from their MD

I have received the following in today's post from Motormouth Finance - all of which orginates from the OC - Private & Commercial Finance:
Copy of the finance agreement made in 2008 (signed)
Notice of Sums of Arrears with payment history (dated 13th October 2011)
Default notice dated 19th October 2010 - my total payments to date were £21,833 & balance was £42,399
CCJ at Evesham County Court dated March 2011, claimant on right is shown as Private & Commercial Finance & in left hand box it says Greenhalgh Kerr LLP (Skelmersdale) - for sum of £22,549.63 (I have not seen this doc as have not lived at the address on the CCJ since 2010 - so had no opportunity to defend it
A copy of my passport (scary that the DCA has been given that!)

BUT still no notice of assignment signed by both parties of this debt to MMF - MMF's first letter said 'Notice of Assigment' top right but it is not signed other than the letters MMF & no name. Nor have I seen anything signed by the OC to say debt has been assigned to MMF. Does this prove MMF ownership of the debt?

Is it possible MMF obtained all of the above documentation from anywhere but the OC?

MMF say in their cover letter sent with the docs - signed MMF (no name or signature) that they have put my 'account on hold whilst we resolve this matter'.

So, have MMF genuinely purchased this debt from the OC? (The debt value on MMF's letters is £21,833 which differs from what is shown on the CCJ). And the CCJ is not in the name of MMF but they say they have 'legal title' to this CCJ?

Can MMF add 'contractual interest' threatened in their first letter? Can they collect the vehicle without a warrant/court order as I have paid over one third? Does that warrant have to be in the name of MMF (not the OC)?

Can they really collect the car in full settlement (its now worth far less due to depreciation) and 'wipe out' the CCJ as the MD of MMF so kindly offered? I find this unlikely given that theCCJ is not in the name of MMF.

MMF have also threatened that I must confirm I have the vehicle or else they will report it stolen? It is stored away in a locked container. Is this an empty threat - surely the police will not get involved in a civil matter/dispute whilst I am still awaiting 'Prove you own the debt' paperwork? I do not want to hand over the car to MMF unless I have proof they own the debt. I guess I have to speak to the OC & ask if they passed it to MMF? I have never had notice from the OC that they have assigned MMF in name.

I need to deal with all of this today really, so any assistance would be highly appreciated - I would love to consult a solicitor but am currently unemployed (as is husband) so no funds to do so sadly..

I could go the CAB but its in my small village & not sure they will know how to deal with the likes of MMF effectively..

[beecee3]

Re: Dealing with DCA's

I have just received this email from the MD of MMF (despite numerous request that he refrains from emailing me) - again typos are all his:

Thanks for the speedy reply and i accept your points but due to the serios nature of a possible stolen car i fell this email is a must to you today , you have failed to advise me on the were abouts of our car , please confirm, do you have safe custody of our vehicle , yes or no .


Managing Director
Motormile Finance UK Ltd
He has not provided any proof that MMF 'own' the debt or indeed, the car in question which is why I have not confirmed whereabouts of the car to him - do I need to? I am not even admitting any debt to MMF/him yet until he provides proof surely?

All paperwork he has produced so far is in the name of the OC, as per my earlier post. I have paid over a third of payments but he has produced no warrant to collect the car which I understand must appear or my consent must be given to take it or else I will have the right to 'get back all of the money paid under the agreement' which is £21,000 to date.. I never got to see or therefore defend the OC's CCJ either. Large sums here, so do want to get this right. If you can offer some direction? Thanks.

[tucker]

Re: Dealing with DCA's

Just had a letter from a recovery agency saying that Nat West had passed it over to them. how do i go about dealing with them and how will they judge how much i should pay per month? thanks for any help

[Hurricane Puffrose]

Re: Dealing with DCA's

when is the debt from hun?

[bluebottle]

Re: Dealing with DCA's

I think the MD of MMF needs to be sent a warning letter and also asked to provide proof of proper title in the car involved. If he can't or won't, you are right not to tell him the whereabouts of the vehicle. If it were to transpire MMF does not have proper title, the person/company that does have proper title could hold you responsible for allowing MMF to steal the car.

The problem with a lot of DCAs is they do not tell their staff, especially those who answer the phone and make threatening/abusive/harassing calls to people, that what they are doing, in some circumstances, is illegal. They get quite upset when you tell them this and it seems to come as an awful shock to them they are breaking the law.