I lay down my gauntlet long live CAG:D

Ah - a soft debt collector - that's what we like to hear! I've actually posted earlier this year about a friendly debt collector, who actually was so angry that he'd had my account passed to him when his client was at fault in not dealing with my complaint, that he made a complaint to them! To get back to your point, i'm not sure whether fairness comes into it, to be honest. Credit record companies do not seem to act in a fair way at all, judging by threads I have read and contributed to on this forum. They accept DCA's and other institutions word without question and it is extremely difficult for people to get adverse information

I'm sorry - I just don't get this. Why can't you all kiss and make up - or go away and leave us alone? So (according to you) we have rubbish posters who (you say) are allegedly rubbishing your site. So what? Presumably (I have no idea) you have your own members who will not be affected by posts in our Bear Garden. We come here after a hard day to let our hair down and have a laugh. And, to be frank, this constant sniping is boring us. Please grow up and get a life. And - all members of CAG - please do not feed the trolls. Tx Peace and love. HC xx

Maybe he wants to play hide the pork product... LOL!!! You're not talking about the sword are you Dave?

ae123, have a read of the OFT debt collection guideance to give yourself an idea of what's acceptable and what's not. http://www.oft.gov.uk/shared_oft/business_leaflets/consumer_credit/oft664.pdf If they call again insist on the callers name, position and company name before you'll deal with them or better still insist on all communication in writing, if they ask to confirm security details, refuse to cooperate. You could always have a word to Trading Standards too, you can find your local office here... Trading Standards Central - Trading Standards and Consumer Protection information for the UK Good luck with it, Dave.

Of course, you have to remember that the OP only started this thread.... and [Yeah, right.

a leading travel company, has to give 3 balance reminders, by letter. the 3rd one has to be recorded delivery to make sure you receive the letter.and you are givn until 4 oclockon the date of final payment. and usually a phone call on the final day too. IF still no response they can cancel your holiday. but thomas cook s policy may differ

I felt the same way when you told me to have a word with myself.

it doesnt matter

Do you think a Debt Collection Agency would accept payments of £20 a month for six years, FDC? If they have a legal right (as per the other posts) to collect the money, and you still owe £2000, then whether they registered a default or not, the money owed would still exist. The problem with Credit Reference Agencies, is they've become so powerful that it's hard to see past them. Plus they're being used as incredibly prejudiced tools by DCAs.

Hiya, Just thought I'd add this as it may be applicable. If the default included any penalty charges then the 'sum due' it stated to remedy the breach is inaccurate, as such you can use precedent set in Woodchester Lease Management Services Ltd v Swain and Co to have the default voided and subsequently removed. kind regards, shane

Hiya, Could you elaborate a little more on this please, I assume you're talking about Original Creditors 'charging off' what they deem bad debts, selling them to DCA's and then getting some sort of tax relief for it Are you saying they also are fully insured in instances where they cannot collect the debt and get a payout? kind regards, shane

And here is one of CBs that you should send to Haliprats if they contact you again Account In Dispute Ref: Dear Sir/Madam Thank you for your letter of xx/xx/xx, the contents of hich have been noted. You have failed to respond to my legal request to supply me a true copy of the original Consumer Credit Agreement for the above account. On the **DATE** I wrote to you requesting a copy of the credit agreement and other information under the Consumer Credit Act 1974 (Sections 77-79). On **DATE** a member of your staff signed for delivery of my written request and I have an electronic proof of delivery showing the

It seems to me that CRA's are just an extension of the Credit Industries punitive approach to defaulted debts. At the very least a person defaulting on a debt can expect to be harrassed, either by the OC, or DCA, or solicitors, any combination, or even by them all Words tha also come to mind are Bullied, Persecuted, misled, deceived and in one particlarly high profile case "suicidal" the ordeal of court action, followed by sanctions via attachment of earnings, possession of property and loss of home etc then when they've finally bled a debtor white, the good old CRA steps in and shafts you for at least 6 years (might be more

Try this one: ACCOUNT IN DISPUTE Dear Sir or Madam, Account number: XXXX XXXX XXXX XXXX I must admit that I am rather bemused as to why this account has been passed to yourselves, as it is in dispute with the **original creditor/DCA** and has been since DATE 2007. Not only is this a breach of OFT collection guidelines, but also in breach of the CCA 74. As **original creditor/DCA** are now in default of my Consumer Credit Act request, Subject Access request and have also breached s10 Data Protection Act request , I consider this account to be in SERIOUS DISPUTE. As you are aware while my Consumer Credit Act request

I don't think they're trying to cover their backsides; they are deliberately trying to deceive and mislead. It is simply not credible that these organisations are not aware of their obligations under the law that regulates such fundamental aspects of their business. Given that this grubby industry's trade association, the ridiculously pompous CSA, is clearly not inclined to ensure its members act correctly (they are far more concerned with promoting debt-collectors as 'contributors to the country', and criticising debtors who dare to use the law), perhaps the regulators ought to undertake a review of the industry practices, and take acti

I can understand your frustration as I have dealt with them for the past 6yrs and I agree its about time we pushed for some legislation to stop this blatant fleecing of decent people. I was going to suggest selling to a dealer but most of them are in cahoots with the site owners so I cant see you getting anywhere near what you paid for it unfortunately:(. Let me know how you get on with your MP and I would definately give trading standards a ring as the more people complain the more chance of getting something done about this injustice. Red

I have PM'ed you. SFx

I agree with shane, the charges may well be more than the remaining balance so it won't hurt to check. Good luck and best wishes...

personally, i'm still working on the voodoo doll angle - lol!! i leave the other stuff to you brain boxes. good to see you back and fighting the good fight!!

I think you have several reasons to set it aside. 1. They have not provided you with a Notice of Assignment, which shows their legal right to collect and bring any legal proceedings against you (this is a breach of process) 2. The legal enforceablilty of the account is in dispute (that's what the CCA request is for) 3. Even if the account is legally enforceable the amount owing is in dispute (this is another valid reason for a set aside). Could you please wait until Monday to file for a set aside? I'm quite willing to help you but will be out tomorrow and Saturday. I would rather you file a really good set aside applicatio

Me back again, just to wish you luck hun! Go get 'em

Spend a few days reading the FAQs and the step by step guides. That will answer most of your initial questions. Use this thread to ask any questions and to post progress reports. There are a lot of users in this forum who will be able to help you. Regards, Rooster.

Hi vexlitigant as you are unable to increase your payments or make a full offer due to their interest being added why dont you request for them to freeze the interest until payments can be made as per the agreement. If they refuse remind them that if this went to court you would still offer the same amount due to your personal circumstances and that the interest would be suspended in any event.

New Update I received a letter from the Abbey's debt recovery section today. DEFAULT OF PAYMENT DRMS Ltd have been instructed by Abbey to obtain immediate settlement of the above debt. Please arrange to pay this amount by return of post. If this is not possible, please call this office today on 0845 6001618 to discuss your proposals for repayments. Payments can be made by Switch, Delta, Visa or Credit Card and by cheque or postal order; made payable to DRMS Ltd. Payments can also be made at your local Abbey branch quoting your account number. ***Your account will be closed once the balance has been

Well they are obviously playing games:mad:. I sent a SAR request re my friend's loan which has 13k of PPI on it and they sent her statements and returned the £10 cheque saying that they only needed a £10 cheque if we wanted transcripts of phone calls and all the notes about the account. Er HELLO! that is what I asked for in the first place. Delaying tactics. How much did you borrow in the first place? That is the starting point. If it's like my friend's loan the PPI was added on at the start. You really need the agreement to see what went on . I am sure if one of the experts comes along they will point you to a letter that says

Might be easier to count that which is enforcable:D

Section 175 of the Consumer Credit Act applies to a debt collection agency chasing payment on behalf of a client. Section 189 of the Act applies to an "agency" the has bought a debt, but for the purpose of the Act see's them in the same light as the original creditor. So in both cases, as I believe you're asking a DCA is seen as being the creditor... For the purpose of the Act. Regards, Dave. If my post was helpful don't forget to click the scales! Advice is offered freely, without liability and without prejudice. If in any doubt professional advice should be sought. I do not profess to be in any way legally trai

Oh, and another thing, there are Standard Directions which are implied in any hearing where the DJ makes no other directions. For Small Claims these are in an appendix to a Practice Direction to Rule 27, which reads as follows:- THE COURT DIRECTS: 1 Each party must deliver to every other party and to the court office copies of all documents on which he intends to rely at the hearing no later than [ ] [14 days before the hearing]. (These should include the letter making the claim and the reply.) 2 The original documents must be brought to the hearing. 3 [Notice of hearing date and time allowed.] 4 The parties are encouraged to con

You've still got my support here too - not taht you'll need it with all of the CAGers gathering round!

hi canada Lee and welcome to cag here are some links to get you started you can claim all your charges back it just may take i little longer "How do I...?" A Dummies' Guide to this Forum http://www.consumeractiongroup.c o....se-read-these/ http://www.consumeractiongroup.c o....lates-library/ Guide To Reclaiming Bank Charges **##~~~~**##~~~~ Read This First !! OFT Test claim: What this means for you OFT v Banks - **Don't panic!!!**

Nowayjose, In 90% of cases statutory demands are a scare tactic but due to the severity they impose they must always be taken seriously. You've sent the CCA request effectively placing the account in dispute I would now suggest you look at getting the SD setaside, have a look at this site tells you everything you need to know. Legal Issues Explained - Statutory Demand I would also speak the National Debt line on 0808 808 4000 please post back if you have any further questions, keep in mind the 18 day timeline which starts from when you received the SD. kind regards, shane

Hi Maggie The Hampton 3 day warning used to be the last in the line of the automated threatogam cycle, but was sometimes quickly followed by a 50% discount buy one, get one free offer. They may have amended the sequence by now, it was over 12 months ago I went through the Lowell threatogram cycle, and I would imagine they must have a bit of a variation from time to time or they get too predictable. I can't believe they are still pestering you after all this time, and it must be time to go on the offensive and force them to put up or shut up. CB's letter looks like a real gem (as always) and hopefully will get you a favourable r

The big advantage MH would have when it comes to the potatoes is that they would have an unlimited supply of manure:D

Hi, Dave, I'm sure you don't really need most of the information on this thread; I wrote it so we could point the inevitable newbies to the forum here, who just got a court claim in the post and are panicking. Give them good initial advice, and then they'll understand the more advanced stuff latter. Thanks:) Thanks:) Martin Lewis is great isn't he:) yeah, I'll PM Rory in a little while.

Hi Raymond I know exactly what you mean, we seem to be the few who are acting, compared to the far larger majority that are affected but don't seem to want to do anything about it, which I find absolutely bizzare. What seems even more unbelieveable is these people are generally on the tails of the banks for their charges back but find the Sky situation acceptable! I mean you don't have to be einstein to do it and the more that do, the more chance of them changing their policies due to the people pressure. Also if people are unsure what to do, they only have to ask in here and someone allways helps you out. I am not without int