Re: DCA - can they start legal proceedings?

by Mrblue2015 Tue Aug 21, 2018 8:34 am

one FINAL message from me on this thread.

From the GREAT Tiggy 11:53pm 13th March 2017:

https://www.getoutofdebtfree.org/forum/viewtopic.php?f=5&t=106567#p504566

"Debt Collection Agents are companies which work for the original creditor attempting to arrange payments, these can be ignored as they can't start proceedings against you, such as Moorcroft, Past Due, Fredicksons.

Then there are the debt purchasers these are, Lowell, PRA, Hoist, 1st Credit, Cabot etc. these should be taken more seriously as they are the ones who are likely to start proceedings, but their biggest weakness is that they purchase debts without the supporting documentation needed to prove the debt.

So my personal way of dealing was to ignore until they threatened legal proceedings then I used the Pre Action Conduct.

One ignored it, started proceedings so I applied to have it stayed until they supplied everything I asked for, eventually they discontinued - now statute barred.

The other I tied up in so much correspondence under the pre action conduct that they eventually gave up and sold the debt back to the original creditor. I guess I wasn't worth the bother of them continuing as it was costing more in Solicitors fees then the claim was worth I never heard anything further, again long since statute barred."

by Mrblue2015 Tue Aug 21, 2018 8:38 am

(Sorry I lied haha - this is my last message)

Where, respectfully, Tiggy says you can ignore DCAs, you 'could' still use the 3 letter system (specific to DCAs not Debt Purchasers).

HOWEVER: I would first ignore all the 'hot air' DCA letters and only wait until (IF) they send a letter which suggests or implies legal action (which will be a bluff to scare you of course...). Then use the 3 letters. THEN safely ignore them...

by ande Tue Aug 21, 2018 7:00 pm

Thanks Mr blue my mind is a bit more at ease now, and thats a great letter from Tiggy he helped me a lot on the old site.
I have been looking back at my letters regarding this and it seems that they threatened me with bankruptcy before ,obviously different heading under there old name 1st Credit not there new one Intrum ,but the same format if I didn't respond in 10 days they would be an escalation in collections activity then when no response then , consider a" statuary demand under the insolvency act" which could lead to bankruptcy and the loss of my house .
I think I will get the letters ready to fire off when or if they respond
anyway thanks for your help and interest and if you have any thoughts or comments they will be welcome thanks Andy

by Mrblue2015 Wed Aug 22, 2018 7:34 pm

Any time buddy!

Use the 3 letter DEBT PURCHASER system (not DCA system - as 1st Credit - now renamed to Intrum according to you - is a DEBT PURCHASER). Leave 10 days in between and REGARDLESS what they send you, stick to the 10 day gap, ignore what they say, and DONT be tempted to amend the letters to respond to anything the say...

After 30 days (all 3 letters would have been sent by then) IGNORE their letters. UNLESS they later send you a letter threatening legal action. Then drop me a line again and I'll give you further advice. But I suspect they'll back off then as all mine have.

How much is the debt btw? To the nearest £1k (so as to not give any trolls the SLIGHTEST hint who you are...)

by Mrblue2015 Wed Aug 22, 2018 7:43 pm

As far fetched as it sounds, trust me, these scummy DPs and DCAs will make up ANYTHING to scare you. I exposed one DP once for blatantly lying. Guess what, they didn't respond to the point. Which proved my point (that they were lying...)

Jeez, imagine working for these people - sorry animals (actually that insults animals). These are crooks, end of. What amazes me is the govenerment does not intervene...

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