How do I deal with this?

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How do I deal with this?

Postby daisy » Thu Mar 31, 2011 11:01 am

Hi Everyone,

Ok so I've been sending the notice letters to a DCA whom the Lender has just confirmed in writing is acting on their behalf, although no agreement was provided to confirm this! I'm due to serve the Notice of Default on the DCA but I have just received a Notice from the DCA stating" Notice of Intended Court Action" and that they are commencing court proceedings without delay(is this just scare tactics?). I have also received a letter from the Lender (who I haven't directly written to) in reference to my complaint (which I haven't made, but I guess this is the only way their "system lets them produce a letter to me).

So my question is this, do I carry on with the Notice of Default to the DCA, but should I also include in that letter a "[i]Notice of Agreement" saying " I am offering conditional agreement, this removes controversy, and means that you no longer have any ultimate recourse to a court of law in this matter, because there is no controversy upon which it could adjudicate."Will settle this financial obligation that I might lawfully owe, when I have received ALL the following documentation from you:

1. The Agreement with Full Disclosure.
2. Equal Considerations offered by both Parties a).
3. Lawful Terms and Conditions, to which both Parties agree b).
4. The 'wet' signatures of both parties in the agreement.
5. Validation of the debt (true copies of the actual accounting).
6. Verification of your claim against me c).

Failure to provide ALL the documentation will prove that The debt did not exist. [/i]

[u]And so by, remove any and all lawful excuse on your part for proceeding in this matter by permanent and irrevocable lawful estoppel.[/u]" (thanks Huntingross hope you dont mind my plaguerism, but it was such a good notice!)

Or should I serve DeFault Notice on DCA and send Notice of Agreement and a Request for Clarification up with Lender directly?

The lender and DCA have sent through a copy of the agreement signed by me and their employee and the whole breakdown of the loan in the form of a statement. I feel they are pressing ahead as they actually do have a copy whereas the other creditors that havent been able to provide one have gone very, very quiet.

I also thought about pointing out to the DCA that they have continued to "harass me" despite me informing them not to contact me by phone (have never picked up BTW) and that they are in breach of the Office of Fair Trading's Guidelines by not freezing action on a debt that is disputed.

Any help greatly appreciated, Veronica's book arrived at long last yesterday and I am delightedly reading it.
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Joined: Fri Mar 18, 2011 11:32 am

Re: How do I deal with this?

Postby daisy » Sat Apr 02, 2011 3:39 pm

OK I appreciate that my post above may have been a lot of waffle!!! I think I am just lacking confidence and tying myself up in knots :blush: Can you tell I'm really indecisive :giggle:

This is what I did anyways...

I pressed on and served the Default notice on the DCA. A couple of days later I also sent them a Notice of Agreement subject to them providing proof that I have now requested so many times! So hopefully they wont press onto court, although it could have been scare tactics anyway and I fell for it.

I'm plucking up the courage to write direct to the lender pointing out why the loan agreement is not lawful but I think I need some more knowledge first. I've read V's book, just about to re-read it.

So apologies for the rambling post
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Joined: Fri Mar 18, 2011 11:32 am

Re: How do I deal with this?

Postby jonboy » Sat Apr 02, 2011 4:16 pm

It is just scare tactics, that is how DCAs operate, they rely on your fear, and the "easy" option of just paying up, to "stay out of trouble"

When you stand firm, they just pass the so called "debt" onto another DCA.

I personally do not believe in Notices, I just Return all mine to sender, although I havent recieved anything from DCAs for a long time now, I am probably filed in the "not worth it" section :grin:
"Reason is the life of the law; nay, the common law itself is nothing else but reason. The law which is perfection of reason" Sir Edward Coke 1552-1634.


It is better to light one candle than to curse the darkness.
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