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Scooters

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  1. cheers Patma Wayne don't speak to them on the phone at all - do everything in writing. Before you say anything to them in writing or verbally consider this - the debt is 10 years old if you have had no dealings with Barclays on the subject fot eh last 6 years (4 in Scotland ) then they lose the right to collect the debt. have a look around this forum for more advise
  2. Another question... The debt was run up whilst we were living in England but for the last 8 months we have been living in Scotland. The SD they have sent us is unclear which court they are pursuing us in but as it deons't talk about sequestration I'm guessing they are pursuing us through an English court. It also seems t be a lot more expensive for them to petition for sequestration rather than to prtition for bankrupcy. any ideas?
  3. thanks, I think I might hand this all over to my lawyer as it looks like a minefield and I also think it might be a good idea to deal though a 3rd part of my appointment
  4. according to the Insolvency Service website I need to complete form 6.5 in order to apply to get it set aside - only they don't have a form 6.5 on the website and their phones go though to an outsourced debt management company who can't assist
  5. Despite my offer for a payment plan to clear this outsdanding sum DCL have hit me with a Statutory Demand. I have 5 days to respond and will do so tonight. Before I do I wanted to check out with you guys. The sum is for unpaid rent and the amount is in dispute. The landlords afre trying to claim 3 months rent which includes the whole of the last month. We left the property on the 20th of the month and by our calculations the amount should be less 10 days rent pro rata. Also, the landlord still has our deposit as security (around 40% of the disputed amount) is the fact that the amount is in dispute reason enough to get the SD set aside and secondly, is the fact that they have not deducted their security deposit from the total amount reason enough to get the amount set aside. Also - I will be in a position to settle the outstanding amount over the next 2 months. it seems a bit arbitary - there is no CCA strategy I can fall back on please can you let me know the best approach I know SDs are heavy handed scare tactics but I don't want to ignore this. My strategy after getting it set aside will be to pay the landlords (not DCL) the outstanding amount less £750 and less the security deposit the are retaining.
  6. well well well I spoke to Scott & Company (I recorded the call) and was told by a supervisor that the Earning's Attachment was nothing to do with them and was the council's doing - they were very keen to change the subject and that it was 'no big deal' as a professional company like Scottish Widows would realise that there had been a mistake and no harm would be done. So I called Edinburgh Sheriff Court who said "not again", and wer clearly fed up with the number of times this seems to happen. I then called Edinburgh City Council who were interested to hear that their representitives - ie Scott & Co had told me an untruth in that they ( the council) were reponsible for issuing Scott & Co the wrong information and also reponsible for issuing the earnings attachment to Scottish Widows. They have instructed me to complain in writing directly to the Council and to cc it to the information commissioner - they see two issues here 1/ an organisation acting on their authority is behaving in an unprofessional way in respect to one of their 'customers' and clearly has internal data protection/integrity issues 2/ Scott & Company have told a blatant untruth about their own client's position. this should result in a council audit of Scott & Co.
  7. Amigos, A bit of advice please. I owe Edinburgh City Council £1600 in council tax from last year (long story - I'm not too worried as I will be clearing it in about 6 weeks time). I'm having to deal with the delightful Scott & Co and had agreed and adhered to a repayment schedule. However, on Saturday, I received throught he poet, an Earning's Arrestment Schedule under the Debtors (Scotland) act 1987 which informs me that a Summary Warrant has been granted at Edinburgh Sheriff Court granting Scott & Company the right to recover the debt from my employer.....Scottish Widows.... the only problem is that neither myself or my wife currently or have ever worked for Scottish Widows. Now I see 2 issues here. 1stly, there is a clear data protection issue with confidential information being dislcosed to a 3rd party. 2ndly - the information they hold on me is clearly wrong and they have used this wrong informaton to pursue me in the courts (despite having a previous arrangement with them) and this Summary Warrant is now part of the public record. Any ideas how to pursue a complaint?
  8. It moves on - RMA are now calling 2/3 times a day and giving us the "we don't send letters" line - a letter from them turned up this morning - just mentios that they have sent us a default (we haven't seen one) and that they demand immediate payment. I'm going to hit them with the CCA request and a telephone harrassment letter
  9. I've just hit them with this one: 9th January 2008 Dear Sirs, Please be advised that I am only prepared to communicate with you in writing. OFT rules and regulations clearly state that you can only visit me at my home if you make an appointment and I have no wish to make an appointment with you. There is only an implied license under Law for people to be able to visit me on my property without express permission; the postman and people asking for directions etc (Armstrong v. Sheppard and Short Ltd [1959] 2 Q.B. per Lord Evershed M.R.). Therefore take note that I revoke license under Law for you, or your representatives, to visit me at my property and if you persist in sending “doorstep callers” to my home, you will be reported for harassment and be liable for damages for a tort of trespass. You would also be liable for conspiring in a tort of trespass by acting in defiance of my instructions and sending someone to visit me nevertheless. Should it be necessary, I will obtain an injunction. Yours sincerely not sure if it will work in Scotland
  10. All, I've had Direct Collections chasing me for a debt to a former landlord for 3 months now. Before Christmas I had promised to send them a goodwill payment despite the total amount owed being in dispute. Last week I emailed them to tell them that on advise, I was not going to make any payment until the dispute on the final figure had been settled. They ignored this and today visited my house and spoke to my wife about it. I am 300 miles away at the moment, she is alone with our child. I called them just now and requested that they refrain from visiting and tolld them that they had no legal right to collect a debt which was in dispute. The response I got was very aggressive and the upshot is that they are going to issue a summons. I told them to do what they might but any further doorstep visits we would call the police - they scoffed at this and told me they would do what they wanted. Any suggestions please? As you can imagine this behaviour is causing a great deal of stress at home. Were they chasing a credit card I would merely ask them for a CCA but in this instance I am at a loss.
  11. Moorcrofts again! what a bunch of numpties ignore their havering letters and hit them with a CCA request. If the amount is small (I owed BT 30 quid) - pay the OC the outstanding and tell Moorcrofts to Fxxx off
  12. Thanks, having done a bit of digging on this site it looks like RMA are a DCA used by Barclaycard. I am suprised that they have contacted us because we have been paying off that account through Mercers and are up to date with our payments. Having read previous threads RMA look like a bunch of chancers who ignore CCA requests. I suggest that they are 'trying this on' as Mercers and Barclaycard both have our current address and phone number. We will continue to ignore them
  13. Folks - at 8.00am every morning for the last 2 weeks my wife has had a telephone call on her mobile phone from a company called RMA "this is a very urgent call from RMA, please can XX XXXXXX call us back on this number as soon as she gets this message" My wife calls them back but they can't identify her and they do not have any record of her - she tells them not to call and the next day the same thing happens - only ever on her mobile phone and never a letter. I am guessing that this is a DCA who only have her mobile phone as a contact number - we moved house 6 months ago and they obviously have no record of our new address. any suggestions? Shold we hit them with the stop harassing us letter?
  14. Thanks folks, Yes, we did have a formal contract with the landlords and it is binding. However, they have mis understood the application of interest. I deliberately sat on the last month's rent because I suspected we may have issues over the deposit. The landlords are private individuals who had this as a buy to let property - everything was fine until April last year when they decided that they wanted to sell. We were told to be out by the end of June - we left on the 17th June and the landlord is trying to claw back May and the whole of June. They have also witheld all but £120 of the deposit - they have detailed each item on the inventory - charging us £5 for a light bulb and over £500 for cleansing (despite us having the place professionally cleansed). Thing is that they didn't sell the place until last month so it has sat empty for months - they have obviously been in fiscal straights and it is interesting how the amount clawed back from the deposit equates to 2 morgtage payments for them exactly. Now I know this isn't a forum for tennancy disputes but they have now got this mob from Direct Collections involved and I'm feeling pretty vunerable as far as I am concerned the amount is in dispute. Were this a credit card debt then it would be pretty clear. As it is it looks like they are trying to recover their money (and I am wiling to pay some of what they ask) using a DCA - I would have thought it would have been easier and cheaper for them to sue us and I would prefer that because at least a 3rd party could adjudicate. Instead, I feel like I am being threatened and bullied and do not see how I can defend mself against them. Thaks for the letter Hopeful1 - I live in Scotland -would this work in Scotland? The property in question, the DCA and the landlords are all based in England - as common Law doesn't apply north of the border is there a letter I need to use to protect myself - I know that aspects of Scots law can protect you from such behaviour. Is there any way I can force the landlords to sue rather than choose the route they have?
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