IMPORTANT Message Regarding Private Messages

[ThisVeryMoment]

Wouldn't it be funny if EVERYONE here was from a DCA and no-one was actually in debt!!!!

[NitrousOxide]

Wouldn't it be funny if EVERYONE here was from a DCA and no-one was actually in debt!!!!

Unfortunately life isn't that simple.

[PriorityOne]

Wouldn't it be funny if EVERYONE here was from a DCA and no-one was actually in debt!!!!

 

Yeah... hilarious TVM.

[Goldlady]

Wouldn't it be funny if EVERYONE here was from a DCA and no-one was actually in debt!!!!

 

does that mean that DCA employees are paid so much money that they don't have any debts:D

[greendykes]

I just found this thread after doing a search on guest members...Reason you ask...well I have just come back onto the site after a break AND I noticed that at both times I came on today there were more guests than members on the site. This does make me a bit suspicious. I have had problems before regarding private emails and complaints about my postings. I only came onto this site for advice and support and have found it mostly brilliant, wonderful and I have put my money where my mouth is. My concern is who do you trust. I have found my posting have changed since the beginning, I would give out all info etc now I am actually terrified to say to much as I don't know who is reading it. I agree with the posting that said why can't this be a members only forum. I still think this site is brilliant and I suppose the other way you could look at it is, if CAG wasn't actually making a difference and helping to bring banks, DCA into line then the aforementioned wouldn't be so interested in the site.

 

Finally regarding people using the site to get away with debt. Personally I used this site to get my sanity and control back into my life. It is only a plus factor that I also learnt that the banks & DCA's can be held accountable and if this is financially then so be it. My view is if for any reason the banks/DCA are not following the laws of the land then surely it is only right that I can use this against them..because through experience they have not missed the opportunity to use it against me and millions of other people. I am an honest person and still fear authority so I would never do anything illegal or which would be morally wrong BUT I have learnt how to stand up for my rights..mostly from this site and that I have got to thank everybody for including the trolls.

[spiritgirl59]

Finally regarding people using the site to get away with debt. Personally I used this site to get my sanity and control back into my life. It is only a plus factor that I also learnt that the banks & DCA's can be held accountable and if this is financially then so be it. My view is if for any reason the banks/DCA are not following the laws of the land then surely it is only right that I can use this against them..because through experience they have not missed the opportunity to use it against me and millions of other people. I am an honest person and still fear authority so I would never do anything illegal or which would be morally wrong BUT I have learnt how to stand up for my rights..mostly from this site and that I have got to thank everybody for including the trolls.

 

Subbing to this thread

 

I have to agree with you greendykes. I too have learned through the help of the lovely people on here how to stand up for myself and not be bullied and intimidated by DCAs. I would personally never do anything illegal or morally wrong either, and I feel that as long as the DCAs are approached in a professional manner and under Consumer Law (no matter how nastily they treat us I might add ) then it is entirely fair and correct that we are able to exercise our rights.

 

I have had DCAs chasing me who have not been entitled to, they have got the wrong person entirely and have admitted the same after they have been challenged to provide documentation! If I had taken their word for it and not challenged their demanding letters I would now be paying money against alleged debts I never had in the first place, and that is scary

 

Love SG x

[Belaflat]

Some excellent observations here as well as the usual troll appearance.

 

I concur with many that the main concept of CAG is to help those in need to realise what can and cannot be achieved using the Laws of the land in their quest for fair and reasonable treatment from the DCAs.

 

The DCAs have been only too quick to use the Law in the form of CCJ's often using dubious claims and relying on the naivety of the average debtor to get away with it.

 

Now CAG has helped address the imbalance, they seem to be scraping the barrel ever lower in their quest for the proverbial pound of flesh, either via troll activity here or by attempting to have sites like CAG shut down or regulated.

 

Who will win the moral argument..? reading many of the posts here, I truly believe we are, with many reports of County Court Judges apparently sympathetic to our side of the fence as they realise that morality is not a word in the DCA vocabulary and legality is in there but is sidestepped and stretched to its absolute limit.

 

Where do I stand on the moral issue?.....I am here for my sanity, to attempt to keep my family and home together and will use all Legal avenues open to me. My position is one of avoiding being made bankrupt by unscrupulous DCAs who attempt to get fat on the misery of others.

I am not avoiding debts but avoiding being asked to pay what I cannot afford.

I am avoiding being taken to court by unreasonable DCA's and will fight using every legal avenue open to me to keep my home together whereas they will use whatever avenue is open, legal or dishonest to divest me of my money and dignity.

 

As this is the season of goodwill, I wish them the same as my festive bird.............I hope they get a good stuffing.

[Bookworm]

With all due respect, how do you make this a members only thread? Is anyone naive enough to think the banks and DCAs wouldn't infiltrate it as quickly as possible?

 

I think it is quite possible to post all relevant information and still keep one's anonymity. I think that if the banks/DCAs do find out your identity, it is not necessarily a tragedy. The problem is that we have been so used to being victims that it is hard to move away from that mentality and say: "yes, this is who I am, what of it?"

In my recent B/card case, every e-mail I sent had my Bookworm@CAG address on it, and I discussed it quite happily with their litigation dept. 18 months ago, I probably wouldn't have. Standing up to them also means changing our attitude in our heads and it can take time.

[patrickq1]

oh dear i never gave any thought to DCAs being on here ,but saying that for the past few weeks i have had one or two naggin thoughts about some threads and now i can see why at the back of my mind i do scan the advice given and sometimes wonder is that correct,i have been guilty of giving some advice but usually i will ask the likes of peter and rory etc or point to some other thread so from now on ,i will be extra carefull

[patrickq1]

one thing is they can have my full details especially the NASTY WEST and every word i say about them is on paper in statements to solicitors etc:but ive been cagbotted for this so i do not refer to them at all just to keep cag from getting botted

[sosumi]

Great posts all!

This time last year hubby and I were facing Christmas with pits in our stomachs. We'd done absolutely 'the right thing', started a Debt Management Plan, and our only thoughts were just paying creditors back in a way that wouldn't break us.

But I suppose we flagged ourselves up as a 'free-for-all' for DCAs. Tell them you're trying to pay them, put your head down in shame, and they've got you exactly where they want you. The tragedy is that it's still happening to God knows how many people.

DCAs are monsters, but CAG's populated by intelligent monster-slayers.

The fact that so many people read the site without signing in as members shouldn't be off-putting. I know of two DCAs who stopped their sneaky tactics when I posted about them here. I'm also sure many people are too scared of DCAs to dare signing up to CAG. It's like DannyBoy's Downing Street Petition - why don't more people sign it? Because they have to use their own names. It's a mark of the fear DCAs instil in people. And it can make you pretty paranoid.

Trolls are sad. But they're occasional. More people too scared to sign in are still benefiting from the posts here, and I for one think that's great.

[Bookworm]

Sorry, I forgot:

 

The high number of guests compared to registered users is nothing sinister, it has always been like that. A lot of people will browse for a few weeks before registering, and at any time, we have many bots and spiders visiting and indexing the site (Google, Yahoo rankings). It is thanks to those spiders and bits that if you were to do a search on a search site for "reclaim bank charges", CAG would come up near the top of the page, you see, so they are indispensable for those who may be looking for help.

[Seahorse]

does that mean that DCA employees are paid so much money that they don't have any debts:D

 

Yup. One young lady (and at 19 years of age, I do mean YOUNG) claims her earnings are anywhere betwen £30 - £45K. I suspect that's not the norm, but it's probably not far off once you've been in the business for a while and worked your way up to a supervisory position.

 

Imagine still living with your mum and bringing in that sort of money? No wonder they can afford to get stinking on voddy coke every weekend, and head off to the sun in the summer.

 

And in some cases, hurtle round the streets in over rated pimpmobiles at speeds somewhat in excess of the posted limits.

[Yyates]

What an interesting thread I wasn't aware that things are possibly going to change for DCA's we we learn something new every day. Lets hope DCA's are well tightened up on and the abuse and bulling from them isn't just a rule laid down but is one that is actively enforced. It's long gone time for these parasites to be reigned in.

[Yyates]

Yup. One young lady (and at 19 years of age, I do mean YOUNG) claims her earnings are anywhere betwen £30 - £45K. I suspect that's not the norm, but it's probably not far off once you've been in the business for a while and worked your way up to a supervisory position.

 

Imagine still living with your mum and bringing in that sort of money? No wonder they can afford to get stinking on voddy coke every weekend, and head off to the sun in the summer.

 

And in some cases, hurtle round the streets in over rated pimpmobiles at speeds somewhat in excess of the posted limits.

 

My neice earns 30k and lives at home with her mum and dad, she's 25 but she did 3 years at UNI and an extra 18 month course whilst working for the NHS to give her the pay rise. A 19 year old earning that amount does sound a little bit OTT

[maybelline]

yes, I agree, I have had my suspicions about some contacts by PM and the cotnent of some threads that seem to be asking questions repeatedly, remember a dca of creditor of course can post documents, they have plenty in their office to use as a set up to make you think they are a genuine poster.

[patrickq1]

isnt it weird just all this week ive had a feeling that one or two peeps on here are not what they seem to be i almost sent my suspicions last night to the mods as i was concerned but then i put it down to feeling just really tired,but all this week i have had a naggin feeling that right in amongst us is a dca

patrickq1

[Bookworm]

Patrick, don't hesitate to report it, we will look into it, none of us minds and we'd rather have a dozen false alarms than let even one of those get past and prey on users.

[maybelline]

yes patrick 'amongst us' is about right.

[judi3]

You have received a new private message at The Consumer Forums from jan7777, entitled "help!".

 

To read the original version, respond to, or delete this message, you must log in here:

http://www.consumeractiongroup.co.uk/forum/private.php

 

This is the message that was sent:

***************

ello judi , ive got hands on experience with your situation and was browsing the internet when i came across your post.i literally signed up to the site in order to be able to give you my advice for wot its worth ... please email me wenever u get a minute.. lots of things i may be able to help u with...jan liverpool

 

 

 

smells funny this one !!

[freakyleaky]

Hi judi. Can you tell us when you received this message please?

[judi3]

Sent:

19 January 2008 03:06:15

[freakyleaky]

Thank you. Please don't reply to that PM.

[nowayjose]

Dont know if this is relevant but was sent this by private message a few days ago... why it couldnt be posted on the open forum I dont know

 

**QUOTE**

Hi there,

 

i noted your thread in respect of aktiv kapital stating effectively that as they had only purchased the benefit of the debt and not the actual credit agreement itself they were not obliged to comply with your request for information.

 

Whilst i dont wish to detract from what the good people on here have stated (or post anything as i dislike being flamed) I have experience from the other side of the fence with reference to the recovery and assignment of debt.

 

They do appear to be technically correct in law, and i will try to explain why.

 

A request for a copy of the Credit Agreement made under S77-79 Consumer Credit Act 1974 (depends on type of Agreement) must be made to the creditor.

 

"creditor" is defined under S189 Consumer Credit Act 1974 for the purposes of the rest of the act means "the person providing credit under a consumer credit agreement or the person to whom his rights and duties have passed by assignment or operation of law"

 

Note and is bolded as it is of vital importance, the duties under a Consumer Credit Agreement regulated by the Consumer Credit Act 1974 cannot be transferred by mere assignment and only by operation of law as i understand it and beleive this to be backed up by the opinion of peolpe far better versed in the Civil Law than I (such as those who compiled the law books Goode Consumer Credit Law and Practice).

 

Consequently as only the benefit of the debt has been legally assigned to Aktiv Kapital they do not fall within the definition of a "creditor" under S189 CCA '74 that the term might be applied to them for the purpose of S77-79 CCA '74 or indeed any other.

 

Unfortunately that does little no negate your liability to them, however it may be worth your while making a S77 request to the original creditor, who retains the duty under Consumer Credit Act 1974, failure to comply would i beleive make the Agreement unenforceable until such time as your request is complied with.

 

On the plus side if you can get them to confirm that they have and are unable to obtain a copy of the original credit agreement, if you stop paying and they decide to take legal action they have no credit agreement with which to proove their claim and it will therefore likely fail, however to do such a thing risks a county court judgment if they manage to produce one.

 

Something I Just thought you should know so that you can make a better informed decision, feel free to post this, but leave my screen name out please and naturally this is just my opinion offering my views and i cannot accept any liability for any errors or losses that masy occur due to reliance on this info.**QUOTE**

 

Any clues:rolleyes:

NWJx

[renegotiation]

Seems a little odd.