Is this evidence of liability?

by Stevro Wed Aug 16, 2017 4:31 pm

Hi all,

Expect many posts from me in the near future. I started the 3 letter process with several banks in Jan this year.

HSBC have responded (eventually) to proof of debt with:

1. Copy of signed agreement
2. Copy statements to show sum outstanding.

I imagine part 2 is highly debatable, as a bill is no proof of anything, but where do we stand in relation to point 1?

I have had other letters from other banks claiming the signed agreement is proof. How would we counter this in court i.e. how do we negate this?

Thanks

by zorro61 Wed Aug 16, 2017 5:08 pm

Hi Stevro,
I did'nt agree to contract with a 3rd party, how can this be legal, The meeting of mind's ! and if the OC has been paid by a indemnity insurance how can the alleged debt be claimed again ? also if the DCA have only paid a small % of the original debt, an trying too reclaim 100 % back !

by Stevro Wed Aug 16, 2017 5:40 pm

Makes sense. Thanks.

Although this came from the bank in this case. Does that make a difference as they're not a 3rd party?

zorro61 wrote:Hi Stevro,
I did'nt agree to contract with a 3rd party, how can this be legal, The meeting of mind's ! and if the OC has been paid by a indemnity insurance how can the alleged debt be claimed again ? also if the DCA have only paid a small % of the original debt, an trying too reclaim 100 % back !

by Waffle Wed Aug 16, 2017 5:42 pm

Hey stevro

Read through this thread carefully.

There is information in here which should help you make more sense of what they are doing.

https://goodf.forumotion.com/t843p25-i-need-your-help#6274

There is quite a bit of info on assignments, what documents you should be asking for when dealing with a DCA. It is my strong opinion that we should be putting them in a position where they are not doing something they are supposed to or doing something they are not supposed to. That's where the ammo comes in.

Go through that thread and if you have any questions come back and ask.

Also are you dealing with OC' s directly because they are the ones pursuing you and are the DCA's that are pursuing you operating as full legal owners or are they collecting on behalf of the OC?

by Stevro Wed Aug 16, 2017 5:53 pm

I've had a quick scan and it makes more sense now. I'll go through it slowly again but wanted to reply and say thanks and answer your question...

I have alleged debt with approximately 8 banks totaling £54k!! Since sending out three letters in January, there are now two DCAs acting on behalf of two banks and two DCAs who claim to own the alleged debt from another two banks.

Waffle wrote:Hey stevro

Read through this thread carefully.

There is information in here which should help you make more sense of what they are doing.

https://goodf.forumotion.com/t843p25-i-need-your-help#6274

There is quite a bit of info on assignments, what documents you should be asking for when dealing with a DCA. It is my strong opinion that we should be putting them in a position where they are not doing something they are supposed to or doing something they are not supposed to. That's where the ammo comes in.

Go through that thread and if you have any questions come back and ask.

Also are you dealing with OC' s directly because they are the ones pursuing you and are the DCA's that are pursuing you operating as full legal owners or are they collecting on behalf of the OC?

by Waffle Wed Aug 16, 2017 6:17 pm

Another couple of questions, when or how long ago did you receive notice of assignment from the 2 DCA's who are the legal owners? And do the notices contain terms and conditions stating how they may process your personal information? and in the NoA (notice of assignment) do they mention an agreement anywhere?

If you can answer these it will help our ongoing research........

by Waffle Wed Aug 16, 2017 6:41 pm

Have you got yourself organised, its important to be organised when dealing with multiple parties, make a priority order, who you need to deal with first then move on to the next (you might find once you've delt with a few you have to go back to deal with the first again) keep records of everything, phone calls, letters, post office receipts.

Im sure you already know this Stevro, but it might help others reading the thread.

by Stevro Thu Aug 17, 2017 9:33 am

Hi Waffle,

1st Credit bought an alleged debt from Virgin. Virgin wrote to inform me of the transfer; 1st Credit wrote to introduce themselves. 1st Credit stated they have become the Data Controller.

HPH bought an alleged debt from Barclaycard and are using Moorcroft as muscle. Virgin wrote to inform me of the transfer; HPH stated they have become the Data Controller.

Debt Managers bought two alleged debts from V12 Finance. V12 wrote to inform me of the transfer; Debt Managers stated they have become the Data Controller.

This have all happened in the two months. I've completed the 3 letter process with most and have a couple to send.

Waffle wrote:Another couple of questions, when or how long ago did you receive notice of assignment from the 2 DCA's who are the legal owners? And do the notices contain terms and conditions stating how they may process your personal information? and in the NoA (notice of assignment) do they mention an agreement anywhere?

If you can answer these it will help our ongoing research........

by Waffle Thu Aug 17, 2017 1:08 pm

Thanks for your feed back Stevro.

In recent letters I received I had a notice of assignment from the OC, along with it came a 'welcome' letter from the alleged new legal owner, the DCA, also an additional notice full page of writing size 10 font, claiming there was an assignment, there is an agreement it spelt a lot of details of how they were going to be processing my data and said they are able to change the terms of the agreement whenever they want.

Along with your welcome letters or notices of assignment did you receive any documents that replicate what have described.

Its quite important because with any assignment they only have a right to the debt. the agreement was terminated on default and of course no agreement has been signed by myself and the DCA. Its like they are tricking one into existence, if they are trying this on with lots of people then there is a big RED FLAG that needs to be rebutted.

Again thanks for your feedback and it would be great if you are able to answer these further queries for everyones benefit going forwards.

by **assassin** Thu Aug 17, 2017 1:52 pm

There is only a contract in force if you agree to it, and you can ask where there is any contract between you and a third party, and ask them to produce it.
You can remove any rights in writing to your personal information and rebut their claims of data control as you have no contract with them, and give them the option of receiving a big bill if they use it.

by Stevro Thu Aug 17, 2017 2:46 pm

Thanks Assassin :-)

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