DCA have messed up! I'm taking them to small claims, they are fully defending it

fermi

immoral_angeluk wrote: »

Oi fermi... when did you get promoted??

Last week. You must have been on your hols.

immoral_angeluk

fermi wrote: »

Last week. You must have been on your hols.

Oh yea, that would've been it lol... congrats!

rayday2

The voice of all reason now has a title

Good for you NUF, good letter.

rayday2

Just another thought my brain is working slow here. Did you send the original letter as a formal complaint? If so I thought that responses should be in writing with an information leaflet on your rights to take things further. I could be wrong but thats how banks handle things and I would imagine DCA should be under the same guidelines.

Maisie

If you haven't already sent it:-

In the first paragraph I would say 'the disgraceful treatment and foul language used to describe me by a member of your staff'.

In third para:- ' In future please refrain from phoning me regarding this account.'

(It sounds a bit firmer than saying 'can you' refrain)

HTH Good luck.

NUFCnutter

NUF!!!!ter wrote: »

Does this letter read ok?


Dear Sir,

On the 4th July 2008 I sent a complaint letter to yourselves regarding the disgraceful treatment and foul language used to describe me by a member of your staff. In that letter I politely requested that you do not make any future contact with me via the telephone and that all communications should be in writing.

I was most upset to receive a telephone call from one of your members of staff on the evening of 7th July 2008, which initially seemed to be dealing with my complaint, but actually turned out to be a thinly veiled call to see when I would be willing to pay some money to yourselves.

In future please refrain from calling myself regarding this account. If you do insist on calling I will record every call you make to me. I explained in the last letter that if you telephoned me I was going to view it as harassment and therefore am left with little choice but to consider you in breach of Section 40 of the Administration of Justice Act 1970 and the Protection from Harassment Act 1997. You are also in breach of the Communications Act (2003) s.127 and I am going to report you to OFCOM, Trading Standards and the Office of Fair Trading, meaning that you would be liable to a substantial fine.

I am currently waiting for a signed copy of the Consumer Credit Agreement and a full breakdown of the account. I understand that under the Consumer Credit Act 1974 [sections 77-79], I am entitled to receive a copy of any credit agreement and a statement of account on request. In the letter requesting the signed CCA I also enclosed a postal order for £1 to represent the fee payable under the Consumer Credit Act 1974. I understand a copy of any credit agreement along with a statement of account should be supplied within 12 working days of the original request.

I understand that under the Consumer Credit Act 1974 creditors are unable to enforce an agreement if they fail to comply with the request for a copy of the agreement and statement of account under these sections of the Act.

I will forward to you a copy of the letters that I am sending to the Office of Fair Trading, Trading Standards and OFCOM within 7 days.

Done and done. Thanks

NUFCnutter

Am sending them MY invoice today :rotfl:

Dear Mr Glover,

Having reviewed the above account I have pleasure to send you the invoice for the payments now due for dealing with this matter, totalling £299. A breakdown can be found on the back of this letter. To prevent legal action being taken it is essential that you settle this debt without delay Mr Glover.

Payment should be submitted in full to myself within 7 days from the date of this letter, failure to contact my office and confirm payment has been made will result in legal proceedings being instigated without further notice.

I would like to draw to your attention that if legal action is taken, not only may this effect any future credit applications you make elsewhere, but any legal costs incurred are usually payable by the debtor.

To make payment please send a cheque, quoting the legal case number on the back to the above address.

Sol00

What's the invoice for?

NUFCnutter

Well I thought that its only fair that I invoice them

£3 per phone call made or received to/from them. = £24
£6 per letter 4 written to them and 1 to the OFT/TS/OFCOM in regards to the case = £42
£10 per hour to cover the cost of all the legal research I have had to do - 10 hours at £10 each = £100
Compensation for my pain and distress at overhearing that girl - £130
Reimburisng the postal order sent for the CCA - £2


Ooops I cocked up its only £298,:rotfl:

SarahNeedle1872

NUF!!!!ter wrote: »

Well I thought that its only fair that I invoice them

£3 per phone call made or received to/from them. = £24
£6 per letter 4 written to them and 1 to the OFT/TS/OFCOM in regards to the case = £42
£10 per hour to cover the cost of all the legal research I have had to do - 10 hours at £10 each = £100
Compensation for my pain and distress at overhearing that girl - £130
Reimburisng the postal order sent for the CCA - £2


Ooops I cocked up its only £298,:rotfl:

£1 for postage of above invoice, recorded delivery!

NUFC, I have been reading this thread with great interest (and lots of giggles!) and cannot wait to see where the cowboys go next!

Good luck!