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Moon phases


Received agreement from DCA

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Received agreement from DCA

Post by Ukmets on Sat May 19, 2018 10:36 am

Hi
A dca has sent me statements and what they say is the agreement for a credit card. The cover letter says my account is on hold for 14 days to allow me to consider and send proposals for settlement. That they are anxious to avoid further debt recovery action.
What they included is a summary sheet from the application. Then a list of terms at the top says Credit Agreement Regulated by the Consumer Credit Act 1974. Then in a box This is a copy of your agreement for you to keep. It includes a notice about your cancellation rights which you should read.
The first section names the parties involved. It also includes a second set of terms with Bank of Scotland instead of Halifax and my name at a later address one I know I never signed anything at. These pages look like printouts.

The last page I will include a picture of that is the only one with a signature that they say is mine and is date 2005.

I'm not sure that this is sufficient information for them to provide.
They sent it after letter 1.

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Re: Received agreement from DCA

Post by daveiron on Sat May 19, 2018 11:32 am

I assume that is what you have received, e.g. all the terms etc are not on that page .
What I am getting at is that words & figures are missing from around the edges of the page ,therefor as its pre 2006 it must contain ALL of the t&c's ,this does not & should therefor be unenforceable .You can be sure that is all they have.
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Re: Received agreement from DCA

Post by Ukmets on Sat May 19, 2018 11:35 am

What do you mean missing around the edges? I shall post a picture of what the included terms and conditions were sent as.


Last edited by Ukmets on Sat May 19, 2018 11:41 am; edited 1 time in total

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Re: Received agreement from DCA

Post by Ukmets on Sat May 19, 2018 11:39 am



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Re: Received agreement from DCA

Post by daveiron on Sat May 19, 2018 3:05 pm

What I mean is ,on the first copy you posted the wording runs off the page on both sides .Does the copy they sent do this ,because most of these copies are usually defective in one way or another.
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Re: Received agreement from DCA

Post by Ukmets on Sat May 19, 2018 3:30 pm

The copy I posted is what I received from them

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Re: Received agreement from DCA

Post by Ukmets on Mon May 21, 2018 11:44 pm

Should I send the next letter pointing out they didn't send me everything I asked for

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Re: Received agreement from DCA

Post by daveiron on Tue May 22, 2018 8:25 am

Yes ,what they sent you is not a true copy , there are words & parts of words missing from it.
You can be pretty sure thats all they have. It seems that most pre 2006 copies are defective ,whether its like yours ,
missing words or blurred .When copies were made of the originals ,they appear to have been very sloppy.
They cannot improve these as they no longer have the originals.
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Re: Received agreement from DCA

Post by Ukmets on Tue May 22, 2018 8:54 am

Also I should point out that this went to court with Restons and they discontinued. What should my reply be? Letter 2 and add a part about it being disputed and court action failed already?

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Re: Received agreement from DCA

Post by daveiron on Tue May 22, 2018 9:06 am

Yes send letter 2, you can add if you wish that the copy they sent you is defective / incomplete.
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Re: Received agreement from DCA

Post by Ukmets on Wed Aug 01, 2018 7:51 am

Right after sending letter 2 and 3 they replied basically saying they have sent my info and ignore what I put in the letters saying they are just templates found on the internet that are incorrect and just confuse people. That they will give me time to reply but begin collection work again afterwards.

What now, just send the estoppel?

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Re: Received agreement from DCA

Post by Ukmets on Fri Aug 03, 2018 9:57 pm

Anyone?

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Re: Received agreement from DCA

Post by daveiron on Fri Aug 03, 2018 10:18 pm

I would respond , thanking them for THEIR template letter & enclose a copy of letter 3 again & point out that they have failed to provide the documentation requested & should they take the matter to court ,you will be requiring all of those documents be brought to the court .Also you will make the court aware that you have tried to settle any lawful obligation you may have but the claimant has refused to supply documentation.

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Re: Received agreement from DCA

Post by Ukmets on Fri Aug 03, 2018 10:51 pm

Should i point out again the fact previous court action was discontinued when their client couldn't supply info?

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Re: Received agreement from DCA

Post by daveiron on Fri Aug 03, 2018 10:53 pm

Can't see why not.
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Re: Received agreement from DCA

Post by Ausk on Tue Aug 07, 2018 8:37 am

@Ukmets wrote:Should i point out again the fact previous court action was discontinued when their client couldn't  supply info?

Have you got a document trail to demonstrate and establish this?

The advantage of doing it is that it makes it easier for the mag to be unfavorably disposed to the DCA and their case if you can show that.

Not only that but if you can, then it will likely infer to the mage that your case is more credible if your documentation is complete and well put together.

By doing these things it might make it 'easier' for the mag to see things your way when they are in a 50 50 situation regarding their decision.

Little things can make a difference.





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Re: Received agreement from DCA

Post by Ukmets on Tue Aug 07, 2018 8:42 am

I have the discontinuance letter and most if not all of the rest of the court c9rrespondence. Mag? Do you mean magistrate? Why would a magistrate be involved?

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Re: Received agreement from DCA

Post by daveiron on Tue Aug 07, 2018 9:02 am

Hi,
ausk is in Australia . Just subsitute mag for judge.
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Re: Received agreement from DCA

Post by waylander62 on Tue Aug 07, 2018 8:13 pm

so this has already been to court ?!!

and they discontinued the claim ?

are the same people chasing you again ?

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Re: Received agreement from DCA

Post by Ukmets on Sun Feb 03, 2019 1:29 pm

Sorry to drag this up, yes and yes (through a different dca)

Now Cabot have contacted me again themselves sending the cca and terms I posted above. Exact same photocopy.
Also they sent a default template and screen shot of a computer data entry relating to the default. Not a copy of the original default.
They just said that this shows I own and need to pay this debt.

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Re: Received agreement from DCA

Post by waylander62 on Sun Feb 03, 2019 5:04 pm

who took you to court for this ?

when did they take you to court ?

please take less then 5 months to respond Wink

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Re: Received agreement from DCA

Post by Ukmets on Sun Feb 03, 2019 5:07 pm

Sorry I never saw the notification that anyone had it was 9nly the new contact that made me look.
Restons on behalf of mfc / Cabot in 2016. They filed a discontinuance.

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Re: Received agreement from DCA

Post by waylander62 on Sun Feb 03, 2019 5:13 pm

so in 2016 Restons issued a claim and the claimant was MFC

they discontinued this claim

still no default notice ? on the letters who is classed as the owner of the debt ?

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Re: Received agreement from DCA

Post by Ukmets on Sun Feb 03, 2019 5:28 pm

Cabot own now, a default was issued but they can't provide a copy they say contact Halifax. The default dropped off my file in November 2018.

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Re: Received agreement from DCA

Post by waylander62 on Sun Feb 03, 2019 10:17 pm

MFC and Cabot are all the same company.

how threatening are they being ?

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Re: Received agreement from DCA

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