[Danny]

Hi, its been ages since I visited this forum

I'd thought it was all over after all the greeat advice that was given but guess what....

.... out of the blue a phone call from DLC collecting on an outstanding debt for DAF.

Said debt was written off July 08.

Have now advised them BOTH that as this matter obviously has not been resolved, i am now seeking a judicial solution to the problem.

As i have proof, in writing with caroline Dixons signature, that the debt has been written off any ideas what sort of figures i can use to claim damages for stress, anxiety postage etc.


Rgds
Danny

[neil40]

Danny, on 06 October 2009 - 03:27 PM, said:

Hi, its been ages since I visited this forum

I'd thought it was all over after all the greeat advice that was given but guess what....

.... out of the blue a phone call from DLC collecting on an outstanding debt for DAF.

Said debt was written off July 08.

Have now advised them BOTH that as this matter obviously has not been resolved, i am now seeking a judicial solution to the problem.

As i have proof, in writing with caroline Dixons signature, that the debt has been written off any ideas what sort of figures i can use to claim damages for stress, anxiety postage etc.


Rgds
Danny

hi,

I'm not sure you can put a figure you can claim as compo, if any, as far as i know, you can make a claim through the courts but it will be up to a judge if Compo is awarded and how much.
DLC are a joke as far as Collection agents are concerned, but it should be DAF who you claim against as it is them who have instruced them.

Write to DLC and advise them to pass the account back stating the situation, and the letter you have, and tell them if they refuse to pass the account back, you will haul them into court also, then it is their choice.
As for DAF, inform them you are now going to seek advice on starting proceedings for compensation, and before you do, you give them the opportunity to settle the claim you will bring against them. It is always best to start with a moderate sum.

Tell them with all the stress the situation has caused, you will seek legal advice to see what compo you can sue for, and if you are successful you will also claim the Charges and fees, however you are willing to listen to offers before you start taking advice.
This may also still be showing as unsatisfied on your credit file, to which i believe you can sue for inexcess of £1000 for if it is found to interfere with credit applications in the future.

I do wonder though, that if they have done this with you, how long it will be before we start seeing other cases the same on the forum.

[Danny]

neil40, on 06 October 2009 - 04:57 PM, said:

This may also still be showing as unsatisfied on your credit file, to which i believe you can sue for inexcess of £1000 for if it is found to interfere with credit applications in the future.

I do wonder though, that if they have done this with you, how long it will be before we start seeing other cases the same on the forum.

Hi Neil, Thank you for responding.

I Haven't checked my credit file yet but its intresting to note that i could sue for £1k upwards.

and yes it would be interesting to see how many more come back, thinking the matter had been resolved.

It just amazes me that they have the balls to try again. Shame really. I started a law degree and have just completed my first year, so i have a fair understanding just not in contract law though.
have sent copies of the letters to DLC and told them to leave off and have sent Caroline a letter advising that i have had enough now and that i am seeking a Judicial solution to the matter.
I'll see what comes from that.

Danny

[neiltheblue]

If your debt has been "written off" then I'm afraid it is still collectable. "Written-off" just denotes that your creditor is valuing the loan at £nil in its books. It is still a valid, enforceable and collectable amount. You would need to have the debt "forgiven" for it not to be collectable.

[Bakedalasker]

neiltheblue, on 13 October 2009 - 06:17 AM, said:

If your debt has been "written off" then I'm afraid it is still collectable. "Written-off" just denotes that your creditor is valuing the loan at £nil in its books. It is still a valid, enforceable and collectable amount. You would need to have the debt "forgiven" for it not to be collectable.

If you recieve a letter to say the debt is written off then it is not enforceable. Adding to this a debt is only enforceable if a court says it s so.

[neiltheblue]

You are wrong my friend.

[Bakedalasker]

Well all I can say to you is that we have had 100s of users on here who have had their debts written off.

[neiltheblue]

Written-off or forgiven? I think you are confusing the terms.

[Bakedalasker]

The term "forgiven" has never been mentioned on here. Also speaking to our legal advisors I don't recall them mentioning it. We do refer to the term "written off" as the debt being nullified. Most people would interpret as that.

However anyone following our advise on here will end up having their debt, YCC cases, "forgiven" although it is not a term we use. If this is the term used in the industry then it does not surprise me as we have discovered that they do like to confuse or trick their clients.

We keep things simple on here but rest assured regardless of what terms we use the end result is achieved. Anyway thanks for this bit of information, we will take it on board if any of our users have the same scenario.