Debt Collectors

Hi Guys.
I am a returning member from the old site from which I had great help and support. I have changed the name on here but i have not been active.

Please can you advise me what course of action to take against DCA. I have an alleged debt from Barclays. I have sent the 3 letter process to Barclays and Estoppel. They have passed it on to 2 DCA's  and to both I have sent the 3 letter process and Estoppel and are in a tacit agreement.

The last DCA Roninson Way have made me an offer of 25% reduction if I settle with them but I ignored their offer. Now they have sent me the following attached letter. Do you reckon I should make a counter offer and if so how do I word it so not to admit liability.

Pre-Legal Assessment.

Your account remains unpaid despite previous attempts to contact you.

We have assessed your account and established that it meets our initial criteria to be considered for legal action. We now need to understand your individual circumstances to determine the most appropriate action to be taken for your account.

The best way for us to understand your cirumstances is for you to contact us. If you do not contact us we will be forced to assess your account for litigation based on the information we currently hold for you.

What this means for you.

Your account may be transferred to Howard Cohen & co Solicitors in 10 day without any further notice.

If your account is transferred to Howard Cohen & co Solicitors and court action is taken they will ask the court for an order adding legal costs to the amount you owe. If the court grants their request then the amount you owe will be increased.

It's not too late to agree an affordable payment paln.

If you would rather agree an affordable repayment plan directly with us to prevent us considering passing your account to Howard Cohen & co Solicitors or if you believe you have a valid disputerelating to this account, please call us.

If you prefer you can deal with your account online at our website or you can email us.

Shall just ignore them as I am in a tacit agreement with them or send them killer letter 4 which I have somewhere or if there is a letter you have I can send them, to get them of my back. Any advise and comment appreciated.

Many thanks
Tiberius

Hi ,
I would respond along the lines of,

I have now requested a total of nine times for proof of claim that I have a lawful obligation regarding said account.
In those requests I have stated that I will pay any lawful obligation I may have, provided I am supplied with a valid proof of claim .No such proof has been supplied.

I now request one final time that you provide said proof of claim .
Due to my further research I also require the additional information listed below.

https://goodf.forumotion.com/t1131-new-3-letters-for-debt-purchasers.

So to date you have stayed in honour by offering to make payment on proof of claim yet instead of having ample opportunity to do so they instead send you threat of legal action & further 'fees'.

If they had proof they would do what anyone sane would do & provide proof so they can receive payment.

Make an offer that they provide proof or sing for it.

Another option if the alleged debt is small is to threaten them with legal action (small claims court) for the tort -distress caused by their hounding of you for a debt they cannot prove exists, i used the small claims court many years ago for another issue succesfuly.

Thanks guys most helpful and much appreciated. Will reply along those lines.

Hi Guys. An update. They decided to go back to Original Creditor for further info and will be in touch soon lol.

Hi Guys. An update. After not hearing from them for a few months they decided to send me a jumbled up photocopy of consumer credit agreement and my signature all on one sheet of paper. from the state of photocopy all I can assume it was a cut and paste job LOL.
Please advise as they have said COLLECTION ACTIVITY WILL BE HELD ON YOUR ACCOUNT FOR 30 DAYS TO ALLOW YOU TO COMPLETE AND RETURN THE FINANCIAL STATEMENT. I have sent 3 letter process to original creditor and 3 letters to the people who bought the alleged debt and 3 letters to debt collectors.

I will be sending the Killer Letter which I have from the old site but are there any other letters which can be sent to get them of our backs. Or shall I ignore and not respond and see what else they come up with.

Keep up the great work guys much appreciated.

Whats the date of the original agreement ? I'm sure you know that if its pre 2006 they must send a true copy .
It sounds like the jumbled mess they sent you is all they have .
It sounds like they know they will not be able support their claim in court,if they could ,why would they even
offer you a discount ?
If you have a killer letter send it .In any event I would not ignore them.

Hi daveiron. Thanks for your prompt reply. The date of the agreement is 2005. What they sent is cut and paste, the squares are different sizes and they don't even line up and the signature they provided is just the initials of someone you can't make heads or tails of.. Am sure my signature has been lifted from documents I sent LOL I will be sending the killer letter.
May Thanks

i would submit a SAR to the original creditor and see what they send you in respect of an agreement

this should tell you if they have created some form of agreement

Thanks waylander62, the alleged debt from bank was sold. Do I contact them even though they sold it. Where do I download SAR
Many Thanks

Sar goes to the original creditor

you have every right to a copy of all of your data that the original creditor holds including any agreement, default notice, assignment , statements etc
check the site out for a template somewhere.

Tiberius wrote:
I will be sending the Killer Letter which I have from the old site but are there any other letters which can be sent to get them of our backs.

What is this killer letter no.4? I don't remember it from old site. Could you possibly put it on here?

They have nothing and know it, cut and paste documentation has, and is regularly challenged through the courts as not being a true copy, in the cases I have seen the courts have ordered the copies of the full documentation and not extracts cut and pasted from it. When full documentation has been received it is a jumble and inadmissible as evidence, and in most cases they have stopped their claims.

2005? statute barred.

Hello.
Can we pay a debt collector through endorsing the cheque/remittance?

Why would you ever pay a debt collector...? Without them substantiating (evidencing) their claim?

volgabulghar wrote:Hello.
Can we pay a debt collector through endorsing the cheque/remittance?

I doubt very much you would ever get a dca to give you a commercial instrument to pay a debt. Why? Because  that would prove beyond reasonable doubt a debt was not owed.

Getting a commercial instrument to pay a debt is ONLY for public debt eg utilities & not unsecured private debt. Others may have a comment(s) on my statements here but that is to the best of my knowledge.

As Mr.Blue states, why would you pay a dca?

Thank you for your help
I am doing the 3 letters to debt collectors instead. A client of mine had rent arrears sold off to a debt collector. Sending it off Monday.

Looking forward to trying the endorsement with my water bill. I won't be paying this month ... will they send out a 'notice' when they see I have stopped paying or should I wait for the quarterly notice. I've been on a direct debit for years so have I technically consented for the year? Thanks for help

VB if you use any form of payment to a debt collector than you are admitting the debt is yours.

This is statute barred from 2005 as 6 years from then is 2011.

I'm sorry if Ive posted this in the wrong place as i don't seem able to post a new topic. A relative "owes" about £4k to a prominent scumbag company and lost in court. She is paying a small monthly figure and has been doing so for over 2 years. She wants to no if she can make a small offer to them to settle in full and if so what would they be likely to accept?

So far they have not enforced the judgement although it would be awkward as they have no address for her, no employment details, just a bank account which has a virtual address (po box).

She would like to no if she stops paying them each month what the ramifications would be as she is not on the electoral roll but does pay Council Theft and works part-time.

Thanks

She could certainly give it a go. Make it clear it will be in full and final settlement.Tell them its all she
can raise and her employment is looking rather tenuous and if she becomes unemployed she will
have no other options but to cease payments. I would try an offer of about 10% .
If they refuse ,you could tell them you have offered remedy and also informed them that if she becomes
unemployed there will be no further payments.

They must be aware that they have no address for her. so what will they do if payments stop.

How could they bring a claim without an adddress?

Sorry Assassin, but they used an address she was registered at but no longer living there at the time of the judgment. For the last 2 years she has used a PO Box and not the type issued by the Post Office.

Tvarred wrote:Sorry Assassin, but they used an address she was registered at but no longer living there at the time of the judgment. For the last 2 years she has used a PO Box and not the type issued by the Post Office.

Even a PO box is registered to an address and they can and do work these backwards.