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Moon phases


DCA - can they start legal proceedings?

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DCA - can they start legal proceedings?

Post by Mrblue2017 on Tue Aug 07, 2018 5:51 pm

Hi everyone,

In a previous post (back on 13th March 2017) Tiggy advised that DCAs can't start legal proceedings against us. Is that still the case?

Nonetheless I recently notified a DCA that SHOULD they start legal proceedings, then I would be issuing a pre action conduct letter to any solicitor working on their behalf. Basically to let them know I mean business.

(Background: original GOODF debt purchaser 3 letter system served against the debt purchaser. I guess that's why they're foolishly trying their luck getting a minion DCA to try and do their dirty work haha!)

PS Down to the last £3k out of £18k I 'owed' 3 1/2 years ago, so the system is working. As such, if you need any help or templates, I have some good tweaked ones too which were supported by previous moderators inc Faljay (hope he's well) and Williams etc.

Thank you :-)

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Re: DCA - can they start legal proceedings?

Post by waylander62 on Tue Aug 07, 2018 8:15 pm

it really depends on why tiggy said DCA's cant start legal proceedings at that time

and if anything has changed since


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Re: DCA - can they start legal proceedings?

Post by Mrblue2017 on Tue Aug 07, 2018 8:28 pm

Haha I get that, which is why I asked the question / I'm waiting to hopefully get an answer from Tiggy (if she's still here) or someone with experience :-)

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Re: DCA - can they start legal proceedings?

Post by waylander62 on Tue Aug 07, 2018 8:34 pm

several have the experience but if they are like myself have no idea what any of this is actually about ?

if you read your first post yourself it is very cryptic if you have not seen what the old goodf thread was about !?

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Re: DCA - can they start legal proceedings?

Post by Mrblue2017 on Tue Aug 07, 2018 8:39 pm

The question was simple and in the first paragraph. Nothing cryptic :-)

And intended for Tiggy or someone with experience, not a newbie with the greatest respect :-)

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Re: DCA - can they start legal proceedings?

Post by waylander62 on Tue Aug 07, 2018 8:45 pm

Lol

no worries Rolling Eyes Rolling Eyes

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Re: DCA - can they start legal proceedings?

Post by Mrblue2017 on Tue Aug 07, 2018 8:52 pm

Haha sorry. I mean yes, I guess I by also bringing up some history / context to it that it may have given you a cryptic impression, but I didn't intend it to and I will stick to a simple one paragraph (max) question in future :-)

Also wanted to share the news (£18k down to £3k) to help convince any newbies. I've been a member (original GOODF) since Nov 2014 and have been on many threads with Williams, Ceylon, Tiggy, Faljay (now sadly left) and, with their help and the letters systems, had a lot of success AND lost the initial fear (it does go I promise). It's all a bloody game, only WE won't fall for it...

All the best! :-)

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Re: DCA - can they start legal proceedings?

Post by waylander62 on Tue Aug 07, 2018 9:37 pm

Smile

well done , some very good and familiar names you have included in your last post

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Re: DCA - can they start legal proceedings?

Post by Mrblue2017 on Thu Aug 09, 2018 3:41 pm

Thank you!

(Sadly no experts have responded yet)

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Re: DCA - can they start legal proceedings?

Post by Tvarred on Thu Aug 09, 2018 5:45 pm

I had a DCA take me to court in early 2017 and win with no signature, but merely a tick in an online box.


Last edited by Tvarred on Thu Aug 09, 2018 6:59 pm; edited 1 time in total

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Re: DCA - can they start legal proceedings?

Post by Mrblue2017 on Thu Aug 09, 2018 6:36 pm

Sounds like you didn't use the three letter system? All the banks / debt purchases and banks I have dealt with thus far have backed off...

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Re: DCA - can they start legal proceedings?

Post by Tvarred on Thu Aug 09, 2018 6:58 pm

Used all the tools on the old site including the 3 letters and various other notices as well as billing them at least 5 times. Yes, I know I was stitched up, but the only consolation I have is that I will be dead before they even recover their court costs.

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Re: DCA - can they start legal proceedings?

Post by Mrblue2017 on Thu Aug 09, 2018 7:03 pm

Ok I'm sorry it didn't work for you. It has / is working for me.

All the best!

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Re: DCA - can they start legal proceedings?

Post by Ausk on Tue Aug 14, 2018 9:00 am

@Tvarred wrote:Used all the tools on the old site including the 3 letters and various other notices as well as billing them at least 5 times. Yes, I know I was stitched up, but the only consolation I have is that I will be dead before they even recover their court costs.

What may have contributed to your loss was that by billing them 5 times they may have decided that you don't know much and they may have through you a babe in the woods.

You should not bill anyone 5 times because 3 times is plenty. By billing them 5 times you became something of a begger.

1 time = a demand, 2 times = a repeated demand, 3 = you've said that before, perhaps you mean it, perhaps you don't. 4 times says your begging.

3 times is plenty of evidence for the mag that you have made a genuine attempt to obtain evidence or payment or whatever from the party demanding the money etc.

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Re: DCA - can they start legal proceedings?

Post by Tvarred on Tue Aug 14, 2018 1:20 pm

@Ausk wrote:
@Tvarred wrote:Used all the tools on the old site including the 3 letters and various other notices as well as billing them at least 5 times. Yes, I know I was stitched up, but the only consolation I have is that I will be dead before they even recover their court costs.

What may have contributed to your loss was that by billing them 5 times they may have decided that you don't know much and they may have through you a babe in the woods.

You should not bill anyone 5 times because 3 times is plenty. By billing them 5 times you became something of a begger.

1 time = a demand, 2 times = a repeated demand, 3 = you've said that before, perhaps you mean it, perhaps you don't. 4 times says your begging.

3 times is plenty of evidence for the mag that you have made a genuine attempt to obtain evidence or payment or whatever from the party demanding the money etc.


I realise I made mistakes and would have done things differently knowing what I know now, but to be honest I could just stop paying the pittance I pay as they have no address for me and zero chance of ever finding me if they tried.

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Re: DCA - can they start legal proceedings?

Post by Ausk on Wed Aug 15, 2018 9:55 am

@Tvarred wrote:
@Ausk wrote:
@Tvarred wrote:Used all the tools on the old site including the 3 letters and various other notices as well as billing them at least 5 times. Yes, I know I was stitched up, but the only consolation I have is that I will be dead before they even recover their court costs.

What may have contributed to your loss was that by billing them 5 times they may have decided that you don't know much and they may have through you a babe in the woods.

You should not bill anyone 5 times because 3 times is plenty. By billing them 5 times you became something of a begger.

1 time = a demand, 2 times = a repeated demand, 3 = you've said that before, perhaps you mean it, perhaps you don't. 4 times says your begging.

3 times is plenty of evidence for the mag that you have made a genuine attempt to obtain evidence or payment or whatever from the party demanding the money etc.


I realise I made mistakes and would have done things differently knowing what I know now, but to be honest I could just stop paying the pittance I pay as they have no address for me and zero chance of ever finding me if they tried.

Sounds like you got them where you want them which is good, don't worry about mistakes, we all make em and they are all learning opportunities.

We humans learn more from pain than any other way.

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Re: DCA - can they start legal proceedings?

Post by Mrblue2017 on Thu Aug 16, 2018 8:08 am

Hopefully someone - with experience e.g. a moderator - can respond to my original question :-)

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Re: DCA - can they start legal proceedings?

Post by Ausk on Sun Aug 19, 2018 12:28 pm

There are two types of debt collectors, those who are simply paid to do the leg work for the original creditor, These are mere agents and because they do not own the debt, they have no cause of action with which to take you to court so they cannot take you to court.

An exception to this are lawyers who have a lawyer client relationship. They can take you to court but on behalf of the OC.

Then there are debt buyers who purchase the debt off the original creditor. These people legally own the debt because the OC has assigned the debt to them so yes they can take you to court.

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Re: DCA - can they start legal proceedings?

Post by ande on Sun Aug 19, 2018 8:00 pm

Speaking from my experience I think that Ausk is right on the money, my OC used 3  DCA,s as agents and I fought them all off with the 3 letter method ,then they sold the alleged debt to a DCA who are now threatening to bankrupt me and take my house .

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Re: DCA - can they start legal proceedings?

Post by Ausk on Mon Aug 20, 2018 9:53 am

@ande wrote:Speaking from my experience I think that Ausk is right on the money, my OC used 3  DCA,s as agents and I fought them all off with the 3 letter method ,then they sold the alleged debt to a DCA who are now threatening to bankrupt me and take my house .

Until they take you to court and prove their case which seems suspect then they cant do anything. In the mean time how many times have you sent the 3 letters which all say:

I will happily pay what I lawfully owe settle your claim on the condition that you PROVE YOUR claim?


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Re: DCA - can they start legal proceedings?

Post by Mrblue2017 on Mon Aug 20, 2018 8:29 pm

Thanks for your advice Ausk! (19th Aug 12:28) :-)

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Re: DCA - can they start legal proceedings?

Post by Mrblue2017 on Mon Aug 20, 2018 8:32 pm

@ande: no Debt purchaser or DCA will "threaten to bankrupt you" or "take away your house". Do you have a scan of the letter (remove your address details / ref etc first obviously!) to show this??

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Re: DCA - can they start legal proceedings?

Post by ande on Tue Aug 21, 2018 3:36 am

Hi thanks for your interest in my problem,I dont want to to hijack this thread the story so far is on here as " Threatened bankruptcy proceedings " I didn't get home last night a case of late finish early start but I will be with you as soon as I can thanks for your help and interest Andy

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Re: DCA - can they start legal proceedings?

Post by Mrblue2017 on Tue Aug 21, 2018 8:29 am

No problem Andy, my original question has been answered now :-)

Perhaps start a new thread now - called "Threatened bankruptcy proceedings and taking my house" -makes it easier for people to look up etc :-)

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Re: DCA - can they start legal proceedings?

Post by Mrblue2017 on Tue Aug 21, 2018 8:32 am

One last one Andy about your post 19th Aug 8pm which doesn't quite make sense:

"Speaking from my experience I think that Ausk is right on the money, my OC used 3 DCA,s as agents and I fought them all off with the 3 letter method ,then they sold the alleged debt to a DCA ..."

Who sold the debt to a DCA? DCAs (Debt Collection Agents) donm't buy debts. They chase them up on behalf of a Debt Purchaser / OC :-)

Do you mean "OC sold debt to another Debt Purchaser" (who could then, either chase the debt themselves or get a minion DCA)?

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Re: DCA - can they start legal proceedings?

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