At the end of my tether!!!

RAS

rainbowsandflowers wrote: »

Lol, wish I had those skills, lol! I did get called a "rude cow" today, maybe i wound the man up a little, lol!

How lovely. Was this the DCA? Write a formal letter of complaint to their compliance officer advising them of the appalling behaviour of their staff and demanding a formal apology and recompense for your distress.

rainbowsandflowers

Thanks for your advice. I'll see what comes of my letters. Yes it was the "gentleman" that answered the call. It was at the point that he was trying to tell me that I have to prove that it is not my debt, where as I was saying that HE had to prove it was me. He said I kept interrupting him, and I obviously didn't want his help, whereas in my view it was the other way about - could'nt shut him and all his garbage up! :mad:

RAS

Add to the letter that your lovely man was making false representations regarding the legal situation, in contravention of the OFT Guidelines.

OFT guidance for how DCAs should operate:

http://www.oft.gov.uk/advice_and_res...ebt-collection

rainbowsandflowers

Thanks RAS x

MrsTinks

Not quite the same situation I had a loan with Lloyds many years ago and it was paid off in full - I even remained with Lloyds for 4 or 5 years after the date the loan alledgedly was defaulted... fast forward to earlier this year and I got a lovely letter from a DCA stating I should call them urgently about this debt etc - me being me knew I didn't have any outstanding debts so set up a free SIM and put £10 on it (I look at it as fun money - purely to entertain myself LOL) and gave the friendly little DCA people a call... after arguing with them for x amount of time about how much information I'd actually give them to verify who I was I eventually gave them my DOB as they were boring me... then I was finally told it was an amount for a Lloyds loan for a couple of hundred pounds... So I wanted to know when it was from... amazingly it was older than 6 years! When I explained the joys of the statute of limitation they tried appealing to my more moral side... I had a DUTY to pay this... they didn't like the fact that I pointed out again and again that I disputed the fact of owing the money in the first place.
eventually I promised them very nicely (which probably scared them more!) that if they ever contact me again, call me, write me, darken my doorstep or think about me unless it was to provide me with concrete proof that I owed anyone any money and that it further was not outside the limitations act so they could legally pursue me for it then I would personally take the company, the MD, their supervisor AND them BY NAME to court for harassment.
I'm sure the poor chap must have resigned the next day but I certainly never hard from them again... Bless their little cotton socks...

Now the difference is that I had spent a couple of years on here by then... and I boringly aware of my rights and I'm used to dealing with very very nasty clients through work. Dealing with a DCA was actually very fun - which I am not sure says a lot for my job :rotfl:

rainbowsandflowers

Wow, well done you - wish I had your gusto and confidence! Can I just ask, because I am disputing this debt and they have no proof, am I correct in saying that they cannot take me to court as that is something the DCA mentioned today and it is worrying me somewhat. I would hate to get people trying to get any of my possessions. When I first posted on here a while back I had a very nasty man knock at my door from a different company (again another catalogue company that was set up by my ex) and he threatened to take my dog because she is a pedigree

RAS

rainbowsandflowers wrote: »

Wow, well done you - wish I had your gusto and confidence! Can I just ask, because I am disputing this debt and they have no proof, am I correct in saying that they cannot take me to court as that is something the DCA mentioned today and it is worrying me somewhat.

They can take you to court but the judge will not find in their favour and there is a good chance you would get your costs paid by the creditor.

rainbowsandflowers wrote: »

I would hate to get people trying to get any of my possessions. When I first posted on here a while back I had a very nasty man knock at my door from a different company (again another catalogue company that was set up by my ex) and he threatened to take my dog because she is a pedigree

Debt collectors have no more power than the paperboy. Next time one turns up demand his identity document, record the conversation and then report him. He is a lying little !!!!!!.

RAS

Tine

jolly glad I only meet you on here!:rotfl:

rainbowsandflowers

Thanks again

MrsTinks

rainbowsandflowers wrote: »

Wow, well done you - wish I had your gusto and confidence! Can I just ask, because I am disputing this debt and they have no proof, am I correct in saying that they cannot take me to court as that is something the DCA mentioned today and it is worrying me somewhat. I would hate to get people trying to get any of my possessions. When I first posted on here a while back I had a very nasty man knock at my door from a different company (again another catalogue company that was set up by my ex) and he threatened to take my dog because she is a pedigree

I think RAS has answered already but still Apart from being a bossy and confident so and so (and trust me I wasn't always! if you'd met me when I was with my ex you wouldn't have said so ) then I've grown used to arguing effectively on the phone with customers and when I deal with accounts worth over £500k a month each to the company then a DCA with incorrect information and a poorly trained phone operator... well poor luv never stood a chance!

They can try and take you to court - they'd be incredibly foolish to do so! Not only have you disputed the debt, you have informed them of the potential fraud and you have reported it to the police so unless they can produce a signed BY YOU copy of the agreement then any judge would not only throw it out, he'd probably kick them on their way...

As for taking your possessions: they would need to go through the courts to be able to take any of your property. If they did it without following the right procedure it would amount to nothing more than breaking and entering and theft and it would need to be a bailiff - not just a DCA collection agent.

As RAS said - report him if he turns up again - or better ask him to wait whilst you look for money and shut the door on him and call the police. Inform them of what he has threatened and that you want him removed from your property - bet if they turn up he'll soon change his tune

Do I dislike DCAs? Nooooo - so long as they follow the law and aren't breaking the rules! If they do then I shall do my utmost to make their lives hard