DN issued FLM whom I signed as a guarantor

[sillygirl1]

Contact your phone provider and explain that you are getting threatening sms messages, they can block the number at source. I would also ask the police if they can help as you feel personally threatened by the misleading claims the firm is making... ask to speak to somebody about getting them investigated by the Economic Crime unit....

[cerberusalert]

A tip from the Two Ronnies would help

[functions]

oh no, I don't think they're claiming it fraudently. Sorry for the confusion. It's just they're after a larger sum for a debt I owe that I can't afford and they try and intimidate me with court action and whatnot if I don't pay up. They're just liars on the phones and in letters too but at least then I have evidence. Hence why I prefer communication in writing alone.

[functions]

oh and thank you soo much cerberusalert! that really cheered me up haha.

[functions]

hey everyone,

 

Can anyone explain to me what the legal weight is of recordings in court particular those of agreements under the Consumer Credit Act 1974 wherein you agree to the terms and conditions? Would this make a debt enforceable if it was presented to a judge or is the emphasis solely on the written credit agreement?

 

thanks in advance for any help with this

[AndyOrch]

Assuming you mean verbal recording as opposed to a written.It has to be written and signed by yourself and executed.

 

 

Regards

 

Andy

[functions]

thank you andy for that.

 

yes, I do mean verbal recording. I take it if there was simply a recoding alone then this doesn't mean anything in court but if it was accompanied with a written agreement then it strenghtens it (providing the CCA was enforceable)? Is my understanding correct?

[AndyOrch]

Any recording does not come into it.

Why would there be a recording of you admitting it perhaps you could expand ?

Has litigation already commenced?

 

Andy

[functions]

There's no court action at the moment, just the threat of it. Along with that threat is a voice recording of me accepting the t&c's of a loan which'll be used as evidence alongside the signed agreement. All this if I don't manage to pay the arrears on the account.

 

I'm just wondering what the legal weight of the recording is and the purpose behind the creditor using it? A scare tactic perhaps?

 

thanks andy for your help so far

[AndyOrch]

I assume this is another scare tactic of a DCA/OC voice recording

Have you this threat in writing?

 

I would suggest somebody has been watching too many films:lol:

 

Andy

[DonkeyB]

If they are threatening legal action, invoke CPR31 to demand a copy of said recording.

 

Is there a possibility there is no recording, and they are playing games to cover the fact there may be no written agreement?

[functions]

oh no, there is a recording! they actually sent me it. I've not managed to listen to it yet (i'm having difficulties with my cd-drive) but I assume all they say is on it.

 

The voice recording is mentioned in writing. I believe it's provided to me so that I'll have 'the same evidence a judge has in making a decision'.

[AndyOrch]

Went to a lot of trouble recording and preparing would have been a lot easier to send you the agreement signed and executed by themselves.They did inform you that you was being recorded I trust?

 

Andy

[huggys boss]

Have you sent the telephone harassment letter to them?

You will find it here along with another letter telling them of your intentions to record the calls.

We sent both of these to Cabot, and they replied with a letter telling us that they were entitled to call us whenever they wanted, but that we were not allowed to record them. This was about 6 weeks ago now and we have not had a single telephone call.

 

It is my opinion, that as soon as you tell them that you may record them, they take your number off the auto-dialer because the powers that be are so unsure of what the threat monkey's will say to you to try and get money out of you that you can't afford.

[functions]

I did send them the letter and they held off phoning for a couple of weeks although they initially only said a week. They then started up again cos apparently we weren't dealing with the account. I didn't include the bit on the letter about recording conversations cos that's something I wasn't doing. By the sounds of it, that info seems to be the perfect repellant.

 

I'm gonna see what the ICO make of it. Have them breathing down their necks...interested to see how the DCA got my number cos i certainly didn't give it to 'em

[functions]

yes they did, andy.

 

the recording and the written agreement were both sent together. they are pretty confident that a judge will look favourably upon them given their evidences.

 

i find it ridiculous how they make out i've broken some criminal law by not being able to uphold my end of the agreement. Like I planned to become unemployed and am deliberately withholding paying their extortionate rates...yeah, guilty as charged.

[huggys boss]

It doesn't say you WILL record, it says you MAY . What they don't know wont hurt them!

[AndyOrch]

Sounds like mind games to me, if they are so sure everything is in order they would just issue the summons.If you would care to post up anything they have sent(less personal details) I will take a look.

 

Regards

 

Andy

[functions]

thank you ever so much for your time andy.

 

I made a thread previously on this where many of the documents they sent me I posted up:

http://www.consumeractiongroup.co.uk/forum/showthread.php?272928-DN-issued-despite-CCA-request-help-please!&p=3118487#post3118487

 

I came across an example claim form recently that I didn't include in that thread. I have no idea how I missed this anyway I'm guessing the actual claim form will be this or similar except the arrears are a lot more now: http://i779.photobucket.com/albums/yy75/functions1/EgclaimForm1.jpg

 

the bit about making arrangements to clear arrears: basically, all they wanted from me was to clear the arrears and charges and they wouldn's listen to anything else refusing any lower payments outright. I got this in writing too.

 

I hope i've posted that right..not the best with uploading and stuff

[AndyOrch]

Example Claim form, voice recordings, on a claim worth £119

 

Get back to you later Functions tad busy on a WS for another poster at the moment. (dont think i will be able to concentrate now after seeing that Dim room and lie down springs to mind)

 

Regards

 

Andy

[functions]

honestly, andy, no rush. lol

 

my case with them is at the FOS detailing how bloody grubby they're being. i don't think they're planning to take me to court just yet so i'm not too worried. i've been paying what i can afford on the dot every month. honestly, i've done all i can in terms of negotiating. they're the ones refusing to listen and being greedy and unsympathetic.

 

thank you again

[functions]

hi guys!

 

i would really like some advice on whether my next steps are the most appropriate and wise.

 

basically, I've taken a case to the FOS about a loan company which basically operates like a loanshark breaking near most OFT guidelines and in the first stage, the FOS has sided with them without even investigating the situation whatsoever. honestly, when I got this decision today i was writhing! i'm basically accused of lying too. they of course don't have the full story. i'll give you an example of the inaccuracies in their conclusion.

 

i accused the company of breaching data protection laws for instance by obtaining my tel. number through dubious means. I certainly did not share it with them. here's a bit more of my complaint here: http://www.consumeractiongroup.co.uk/forum/showthread.php?276476-Being-misled-lied-to-on-the-phones-by-DCA&p=3127112&viewfull=1#post3127112 This is now with the ICO. in the FOS decision, they refer to my having shared my telephone number with them on the initial application form for the loan. er ok but since that time i've changed my tel. number and the one which the loan company rang me on was a recent one at the time and not the one on the loan application. shouldn't they have at least clarified with me the situation rather then come to a conclusion like that? honestly, it's disturbing.

 

that's one example of where they went wrong...believe me there are others. honestly, they sound just as bad as the loan company itself. they just don't have a clue about how far these dca's will go to get their money...or maybe they just don't care? it's like "screw you!"

 

so, my question is, am I right in my course of action of responding to this and taking it to an adjudicator outlining the huge inaccuracies in their conclusion? also, is it wise to detail my disgust at their decision and to highlight their incompetencies with a news article say for instance? i'm really angry...i may even get incredibly patronising/sarcastic and the like...would that be counterproductive? should i wait a week or so to calm down and then return to it when i'm in a more stable sort of mind? i just want to get the fos individual dealing with my case and lay it out on them!

 

what would you advise? i have a week to respond or i can ask for more time. should i spend more time on it and detail EVERYTHING. i feel it's not even worth it as what evidence i have provided they ignore and only pick on details that scrutinise my conduct.

 

appreciate all help

 

thanks, thanks and thanks

[rebel11]

Hi functions

 

Thats disappointing, take some time out. Look at it again with a clear mind.

[Deb T]

I think this will be happening more and more, the FOS along with the OFT seem in the most part to be toothless.

 

If you feel they've acted unjustly then go through their own complaints procedure and raise it as far as you can, sometimes the decision of one individual at the FOS may not

correspond to another, asking them to look again may highlight that issue.

[functions]

Hi functions

 

Thats disappointing, take some time out. Look at it again with a clear mind.

hi there rebel

 

yes, it is disappointing. i think the best thing would be for me to go through their complaints procedure as you mentioned, Deb T. now that i've calmed down a tad, i'm going to try my hand at a response. i don't want to **** the whole FOS lot off so i'm going to try at being objective and not come off as a mad raving lunatic. however, i am going to thow in the word incompetent and question how exactly the loan company were deemed fair when they rejected all my appeals for leniency due to financial difficulties and carried on harassing for full payments and threatening to take me to court to obtain a charging order not to mention a whole other load of nasty things..yep very fair.

 

honestly, i dunno whether to laugh incredulously or cry

 

thanks for your help though guys...appreciate it tons. i don't think many would understand unless they'd been through it themselves