A & L - Enforcable Agreement???

[Multay]

Hi,

 

Another quick question - I can't find my copy of the original request letter I sent out. Will this matter as they have replied anyway???I have the template but can't find the photocopy of the one I sent anywhere!!!I think my Mrs has chucked out a batch of them - There were three others!!!

I can't believe it...Will I have to start everything again do you think? - Luckily things are not that far advanced but it's still a pain. I do have the signed for reciepts though....

 

I wish she would leave stuff alone!!!!

 

 

Cheers again...

[The GodMother]

well u have the recipt so that is good.

 

U can just do what i did and that is give evry one 2 folders one on comp and one hard copy which is a normal A4 folder.

 

everything goes in both and on the top of each delivery slip i write what it is for as in CPR /CCA/SAR.

[Multay]

I know - Should have made sure they were safe...Oh well...But to be fair they have sent me some documentation so I suppose if push comes to shove I could CCA request them again to to make sure I comply. Then all bases are covered, it might extend things but I'm in no rush...0)

 

I'm just worried in case A&L decide to go the whole hog with this and I end up in court - I guess that the fact they don't have an enforcable agreement would over ride the fact I don't have a copy of the original CCA request letter if it came to that?????

 

Thanks,

[Pinky69]

Not having your initial request letter doesn't matter - you have their response so you must have written the letter!

[Multay]

I just found this on another thread - Apparently First Credit are using an adaptive software system called SAS (Surprised they have an A in it..)

 

It profiles the "debtor" based on getting as much info as they can over the phone, from letters - Anything at all - The system will then determine the method of collection they should go for...!!!!

I quote:

 

"

Fast decisions

1st Credit's annual growth rate has been about 50 percent throughout its history, and 60% in the three years it has been using SAS, far faster than any other operator in the UK market, in large measure because it can react to opportunities more quickly and effectively than its competitors. "If a bank wants to offload some debt quickly, we can run it through our model and take the decision on a bid faster than our competitors. If necessary, we can turn a decision around in 24 hours." says Y*ung. "Using SAS, we can examine batches of debt down to the individual debtor level, and then aggregate it or subdivide it based on a range of variables to probe the potential profitability. Ability to break down the debt and then aggregate it across different dimensions is absolutely key to optimising purchase decisions," says Y*ung.

"Getting this right is business-critical," he adds. "If our bids are too high, we will be unprofitable, and if our bids are too low, we won't get the business in the first place."

Once 1st Credit has acquired the debt, the next challenge is to identify the best strategies for debt management and recovery. "We run the debt portfolio through our model and split it into different segments based on historic performance," says Y*ung. "A different strategy is appropriate for each segment; we need to monitor them over a period of a few months to see how well they are working, and which factors in the strategies are most important in getting the desired results." These strategies typically cover how to make the initial contact, and what sort of offer 1st Credit should make to the debtor.

"If we are convinced that the debtor is likely to pay, it is worth investing time and effort, for example with visits and telephone calls, to help. If it is less likely that the debtor will pay, it may not be worth making as much effort." says Y*ung.

That is just the start, and it is an over-simplification, of course. "We are developing a more behavioural based approach with SAS that gives us insights over the entire lifecycle: not just deciding up front how much time we will invest in a debtor, but also how to respond if things go better, or worse, than expected," says Y*ung.

 

Amazing - They may as well refer to us as cattle - If anyone was in any doubt as to how these agencies work and to how much we are simply commodities then their own words are far more damning than any I could come up with!!!!

 

Hope I don't get in to trouble for quoting this - I took the blokes name out though...;0)

 

Hopefully this will show people who are fighting these "professionals" just exactly how they deal with Human beings who are struggling and need help.

They rate you using a software system - That's how they help.

 

Apologies for the rant. but feel free to post this wherever you want to..I will be...

[Pinky69]

No surprises about what they think of people surely - and it doesn't matter what programmes they run for decision- making, if they don't have an agreement, they can't enforce debt - end of. It doesn't say anything about their super-dooper software checking to see if they have legal agreements!:grin:

[Multay]

You're right there mate - But it show's that they like to progamme in how frightened you are - I imagine they have default setting for "Bolshy but doesn't know their rights", Bolshy and does know their rights" "pushover" "Pays if threatened" all in drop down menus...

[babybear39]

Your quote is from info. in the public domain so don't worry

[citizenB]

Thanks for sharing Multay.

 

Physcologically profiling you from your first response to their threatograms. They then know what kind of pressure they can put on you to pay. Debt collecting is becoming more bizarre by the minute.

[Multay]

Well, sent off my "this isn't worth the paper it's written on and isn't a Credit Agreement - So feck off" letter today...Still getting calls everyday from RMA but I just ignore them - Well apart from today, he asked if he could confirm who I was for security so I said "it's me",

so he said "I know but I need to confirm it"

I said "Oh I see - Yes it's definately me but I can be anyone you want me to be" in a really really camp voice

He said "I just need to do this for security"

I said " I bet it would be secure in those big strong arms of yours, what's your sign?You sound like a virgo to me?"

He put the phone down...Awwww...Gutted, guess he wasn't single...Haha

 

[citizenB]

Well, sent off my "this isn't worth the paper it's written on and isn't a Credit Agreement - So feck off" letter today...Still getting calls everyday from RMA but I just ignore them - Well apart from today, he asked if he could confirm who I was for security so I said "it's me",

so he said "I know but I need to confirm it"

I said "Oh I see - Yes it's definately me but I can be anyone you want me to be" in a really really camp voice

He said "I just need to do this for security"

I said " I bet it would be secure in those big strong arms of yours, what's your sign?You sound like a virgo to me?"

He put the phone down...Awwww...Gutted, guess he wasn't single...Haha

 

 

 

You will be hard pushed to find a DCA with a sense of humour:D

[babybear39]

You will be hard pushed to find a DCA with a sense of humour:D

 

As rare as one with a braincell

[The GodMother]

and as rear as one who does not live with there mummy.

[Multay]

Well, they are still ignoring my letters and calling everyday - Sending out the standard waste of paper.

 

I might send them another letter next week as it's obvious they don't have an enforceable agreement.

 

All the others have just gone totally quiet....

[The GodMother]

just ignore them like they are u. i love ur way of getting rid of them.

[Multay]

The next one that rings me is going to get a dose of Mr.T....My impression isn't brilliant but I just want to be able to say "Quit your JibbaJabba you crazy fool - Mr.T owes nutin to no-one"

 

haha......

[The GodMother]

nice one. i would love to c there face after that

[Multay]

A bit of an update - Slightly off topic but hey..

 

I sent a request to Credit Soltions for an old Egg debt at the same time as this one (I also hit Egg - No reply from them at all!!!!).

They sent me a letter back saying I hadn't put the pound in!!

So I wote back with another PO saying that the original date still stood and that they had the pound coz they applied to the account.

 

Anyway got another letter today - An apology!!!

 

They apologised for the "misunderstanding" they had recieved the original pound and returned my PO. They said that they we very sorry for the letter they sent and that I would get the credit agreement as soon as they did.

The matter had now been passed to their training and quality department and they will contact me in due course.

Wow - It seems they are taking me seriously at last...

 

Watch this space for the next round...

 

I'll be firing another letter to Egg soon too...

 

Catch you later....

[babybear39]

It's common practice for DCAs and OCs to try this

[Multay]

Hi Babyb,

 

Just a quick question but if this does go to court are you any good with defences? Would you be able to help or would I have to just start crying in the hope hat someone else can help???

[babybear39]

Hi Multay,

 

Unfortunately, I'm not. But if it gets to that there are many here that are. Just post a new thread in the legal issues section and link your thread here asking for help

[Multay]

Cheers mate - I think it's a bit of a way off but preparation is the key I think....

[The GodMother]

I have a skeleton defence that can be used if needs to but i would advise that it would need to be changed a bit to suit your needs.

[Multay]

Thank you for that - I guess if and when it comes to that I'll start a new thread...I have seen a few defences but I will need someone just to give me a few pointers but I think I'm a way off that as yet.

 

Ideally, I'm looking to be offered a full and final settlement so that I can get them to remove defaults as a condition but I'll have to see what happens....

 

If they are reading this at least they know what to do...

[Multay]

Ok....Small update and a Question...

 

As you know I wrote off for the CCA from A&L (also they are using RMA to collect the "debt") and they sent me an unenforceable agreement with missing pages. I worte back telling them that, quoting case law etc. and have heard nothing since.

Well, the end of this week is the end of the 30 day period.

It's also the end of the waiting period for Credit Solutions Ltd (Collecting for Egg),for Wescot (trying to collect a debt I have never heard of!) and for Mint.

 

Now assuming nothing turns up in the next day or so (which I think is unlikely) what should be my next step?

Ideally I would like to make a token offer in terms of a full anf final settlement - I want to do this so that I can insist that they remove any adverse reference on my credit file as a condition, but I am worried that if I do this they will use it against me.

Should I just write telling them that I am preparing to report them to FOS, OFT etc unless they come up with a proposal for settling the dispute whilst warning that any legal action will be defended by me and that when I win I will go after them for costs and unlawfull charges?

I would like to do something that puts this to bed and do have access to some funds at the moment that I could use to finish this.

 

Any advice would be greatly appreciated (as always)...

 

Thanks,