DCA thinks I'm bluffing- what to do to show them otherwise?

[Joa]

NCO and 1st Credit willfully ognored all my requests, warning and protests and kept calling, sending agressive letters, etc despite me doing everything to keep up with payments.

I have quoted Administration of Justice Act section 40.Section 2, Section 127 of the Communications Act 2003, Section 24(2) of the Police and Criminal Evidence Act 1984.

I have contacted the Trading Standards and copied them into all my correspondence. Of course, I have not heard from them, the toothless buggers.

I want to do SOMETHING to put the end to this harassment, but I do not know what. Court? What form to use? Will I have to pay the fee? FSO?

What do you say guys?

[Seminole]

Well, in the first instance I would ring up Trading Standards and ask them what they are doing. If they refuse to help I would make noises about speaking to your local councillor and making a complaint to the Local Government Ombudsman.

[dizzydeedee]

I was being harrassed by a DCA who banged on my door asking for payment. I told him I wasn't paying anymore until my CCA was provided with a statement of account. He laughed. I also told him that under ENGLISH COMMON LAW, people are allowed to visit my home without expressed permission, such as the postman. Under english common law i told him i revoked the license for him to visit me at my property. Should he return he would not only be conspiring in a tresspass, i would ring the police and take out an injunction. When, and only when I see the proof of this debt, I will make arrangements to pay direct to Moorcroft. Try it, might work. Knowing my luck though i'll end up in a worse financial situation than I am now, which I dont think is possible but hey, you never know.

 

Worth a try anyway

[PriorityOne]

Nice to see you getting stronger dizzydeedee...

 

Joa, you haven't mentioned whether you have sent these companies a CCA request ? Are they both DCAs or is 1st Credit the original creditor ? They may not even own the debts that they are chasing you for....

 

If you haven't done so already... CCA the Debt Collection Agency (£1) and SAR the original creditor (£10). Letters M & N in the template section, I think. This will put the account(s) in dispute straightaway and they are not allowed to harrass you after that.

 

Make you send everything by recorded delivery and keep hold of everything that they send to you.

[Guest The Terminator]

Joa: You could always try this letter just edit it:

 

1st Credit

P.O Box 278

Reigate

Surrey

RH2 7WB

 

 

22 January 2007

 

 

 

Dear Sirs

 

 

The writer is in receipt of your letter dated the 17/01/207 regarding the following Barclaycard Account:

 

xxxxxxxxxxxxxxxxx

 

The writer notes from your letter of the 17/01/2007 that you request the writer to ring you as a matter of urgency on an 0870 telephone number which is in breach of the OFT guidelines for debt collection. The writer also notes that you rang over the weekend of the 20/21st January 2007 which is also in breach of the OFT guidelines. This would be seen in a court of law as a breach of the Human Rights Act (199:cool: under Article 8 (1) of the convention and Article 14 of the convention. The writer further notes the volume of calls received from yourselves over the week commencing the 15th January 2007 which is totally unacceptable and these have been logged as evidence to use in a Court of Law at the writers discretion.

 

Furthermore the writer notes that you have not provided any evidence of assignment and that you are processing data illegally. As the writer is being prejudiced under the Data Protection Act (199:cool: you are now put on notice that the writer will commence legal proceeding unless there is cessation of the processing of the writer’s data.

 

 

 

Yours Faithfully

 

 

 

 

 

 

The Terminator

Android City

 

Barnehurst

Kent

__________________

[Joa]

Thank you very much guys. CCA and S.A.R - (Subject Access Request) letters are prepared and ready to go. Both agencies collect on behalf of banks (one for Capital One and one for Lloyds)- no deeds of assignment produced.

However; the breach of the acts quoted by me below should allow me to take some action, without having to wait to establish the owner of the debt, the existence of properly executed agreement etc. I am tryind to find out if I should for example call the police or ask the court to issue summons...?

Or would CCA request mean that they have to stop harassing me whilst responding to my request?

I am OK (fairly) with procedures AFTER they have run out of time to respond to CCA or respond incorrectly. But what is available in the meantime?

Trading Standards have been notified but I can't get to speak to a real person.

[PriorityOne]

Or would CCA request mean that they have to stop harassing me whilst responding to my request?

I am OK (fairly) with procedures AFTER they have run out of time to respond to CCA or respond incorrectly. But what is available in the meantime?

 

They are not meant to harrass you while the account(s) are in dispute, so if you get any bother... just remind them of that fact. In writing, of course....