CAA request updates / results part 2

badgerbread

never-in-doubt wrote: »

You have done the right thing, they are liars and breaking the law in using such tactics....

Next time just say 'bear with me' and leave the phone on the side, ignoring them - just carry on with whatever you were doing.

If they write to you let us know what they say/threaten - but they have no rights, they are in default of your s.78 request thus meaning the debt is unenforceable until such time they comply, properly.

Do not worry - everything will be fine :beer:

Just had a very worrying/aggressive phonecall to a company called credit solutions basically they have been sold the debt and are now looking for payment. I explained that I was awaiting for a cca they asked me to send another £1 in so that they could get one. I refused this as this already been done with barclaycard. I had also put the account into dispute previously. Thats when he started to get nasty he threatened me with doorstep collection and promised me they would not leave without any money. He threatened to phone my place of work. I said take it to court all I want is a copy of my cca. He replied with you are only trying to get out of paying. I think you can get the picture from this he was very aggressive.
I didn't recieve this phonecall to my home I got a message from a neighbour to phone them. however at no time have they had my neighbours number I do not even know it and they pretended to be my place of work as well.
please help what do I next as I am very worried.

roadster

Hi

Dont panic, NID will be able to sort it out for you. The best way is to not even speak to them. I too was getting a lot of calls from MBNA always aggresive. They still send letters but they dont phone anymore. Send them the harrasment letter you can find it here http://forums.moneysavingexpert.com/showthread.html?t=2305463

Sorry NID if im giving the wrong info.

never-in-doubt

badgerbread wrote: »

Just had a very worrying/aggressive phonecall to a company called credit solutions basically they have been sold the debt and are now looking for payment. I explained that I was awaiting for a cca they asked me to send another £1 in so that they could get one. I refused this as this already been done with barclaycard. I had also put the account into dispute previously. Thats when he started to get nasty he threatened me with doorstep collection and promised me they would not leave without any money. He threatened to phone my place of work. I said take it to court all I want is a copy of my cca. He replied with you are only trying to get out of paying. I think you can get the picture from this he was very aggressive.
I didn't recieve this phonecall to my home I got a message from a neighbour to phone them. however at no time have they had my neighbours number I do not even know it and they pretended to be my place of work as well.
please help what do I next as I am very worried.

Hang on - lets go through this again, can you confirm by speaking to your neighbour exactly what happened and how they passed you this message?

They have broken the law right now and I tell you what, these scum make my blood boil. I really hope they told your neighbour cos then you'll be trying to get them closed down for a major DPA breach and they can lose their licence...... Please post back saying the DCA rung/visited your neighbour - it'll make my week!

Sorry, meant in a nice way to you.... but go speak to the neighbour, get facts and then post back and i'll sort this for you - do nothing right now and do not ring them again. If they turn up at your home do not let them in and call the police as it is harassment/trespas.

Stay calm - don't panic....

badgerbread

never-in-doubt wrote: »

Hang on - lets go through this again, can you confirm by speaking to your neighbour exactly what happened and how they passed you this message?

They have broken the law right now and I tell you what, these scum make my blood boil. I really hope they told your neighbour cos then you'll be trying to get them closed down for a major DPA breach and they can lose their licence...... Please post back saying the DCA rung/visited your neighbour - it'll make my week!

Sorry, meant in a nice way to you.... but go speak to the neighbour, get facts and then post back and i'll sort this for you - do nothing right now and do not ring them again. If they turn up at your home do not let them in and call the police as it is harassment/trespas.

Stay calm - don't panic....

They phoned my nieghbour and said they were TFL we assumed they were transport for London as this is my hubbys work. My neighbour wrote down the reference number and phone number and name of person phoning and then gave it to us. it was when we called them that we had the agressive phone call. I don't know if it helps but my neighbour is actually a policeman. thank you so much for helping me

never-in-doubt

badgerbread wrote: »

They phoned my nieghbour and said they were TFL we assumed they were transport for London as this is my hubbys work. My neighbour wrote down the reference number and phone number and name of person phoning and then gave it to us. it was when we called them that we had the agressive phone call. I don't know if it helps but my neighbour is actually a policeman. thank you so much for helping me

WHAT!

No it bloody does not matter who your neighbour is! How the hell did they get your neighbours number?

Ok, you need to have a look at directory enquiries and see if your neighbours number is listed when you do a search. You should know their name.

I suspect that what happened (this is a guess from past dealings) is they have found your neighbour from Land Registry and located his address as a neighbour, this provides them a name. They then searched for his name and address and got the number.

That is why I need you to check - if the number is ex directory then things are not what they seem and your neighbour is telling porkies....

Oh, I assume your number is ex directory or that TFL (whoever they claim to be) do not have your number?

Bazza66

Hi all,

Been a while since I've been on here due to DCA's all going quiet until lately...

I sent a CCA request to 1st Cretins last January (2009) and they sent a (badly) copied application form. To cut long story short they went into default on the account and I heard nothing - obvioulsy because they could not enforce for make demands for money while the account is in default.

Until the last couple of weeks where the letters (only 2 so far) have started again.

What do I do next? Ignore them or remind them that the account is in default? Report them?

Also would writing back to them reset the statute barred clock?

Thanks in advance.

never-in-doubt

Bazza66 wrote: »

What do I do next? Ignore them or remind them that the account is in default? Report them?

Also would writing back to them reset the statute barred clock?

Thanks in advance.

Send this to the DCA: Debtors Final Response - No CCA Received

Forget statute barred, at the moment everything is "alleged" until they send a CCA so SB remains the same, i.e. you've not acknowledged anything (as yet)....

badgerbread

never-in-doubt wrote: »

WHAT!

No it bloody does not matter who your neighbour is! How the hell did they get your neighbours number?

Ok, you need to have a look at directory enquiries and see if your neighbours number is listed when you do a search. You should know their name.

I suspect that what happened (this is a guess from past dealings) is they have found your neighbour from Land Registry and located his address as a neighbour, this provides them a name. They then searched for his name and address and got the number.

That is why I need you to check - if the number is ex directory then things are not what they seem and your neighbour is telling porkies....

Oh, I assume your number is ex directory or that TFL (whoever they claim to be) do not have your number?

My number is ex directory I haven't got a phone book to check up on my neighbours number but have looked on the bt phoebook internet site and could not find them on there. Thing is there is no way my neighbour would have known about this and they gave me the message with all the info written down for us. The phone number, reference number, and persons name were all written down by my next door neighbour. We phoned the number thinking we were phoning TFL. My neighbour even said that they queried with them that it was my hubby that they wanted because one of their dads has the same first name and also happens to work for TFL. They did not have my number until I stupidly phoned them on my mobile thinking they were TFL and told them my number because I didn't want any more phonecalls to my neighbours

Bazza66

never-in-doubt wrote: »

Send this to the DCA: Debtors Final Response - No CCA Received

Forget statute barred, at the moment everything is "alleged" until they send a CCA so SB remains the same, i.e. you've not acknowledged anything (as yet)....

Many thanks nid - look just the job.

The only reason I ask about SB is that I had a debate on here some time ago about whether it did or did not reset the clock. There were some that said yes and some that said no - just wondered if people had decided on what the actual answer was. I must admit I was in the does not reset clock camp since you are not acknowledging the debt.

Thanks again.

never-in-doubt

Bazza66 wrote: »

Many thanks nid - look just the job.

The only reason I ask about SB is that I had a debate on here some time ago about whether it did or did not reset the clock. There were some that said yes and some that said no - just wondered if people had decided on what the actual answer was. I must admit I was in the does not reset clock camp since you are not acknowledging the debt.

Thanks again.

No mate - it never resets the clock cos all the way through unenforceability the debt is unenforceable so in essence SB would be irrelevant, but requesting a CCA is also similar to prove it status.

Thus we use the term "alleged account" throughout the letters.