Written by John Kruse, one of the leading experts on Bailiff Law, this consumer friendly guide is essential reading for anyone who comes into contact with a bailiff.
The book is easy to understand and clearly explains the rights
a bailiff has, and also what they cannot do when collecting debts and repossessing goods etc.
I CCA'd both of these at the beginning February. I have now been sent a little note saying that they will be calling on me on a given day in February luckily after the CCA time limit. What should I do about the note ignore it as I will be in Tenerife anyway, send them a letter or phone the number.
The Calling card is from Calder Financial aka Mercers
You can tell them they will be trespassing and you will call the police, will not make any difference they suit themselves I have had several appointments never seen anyone, throw a bucket of water over them - after checking who they are.
Don't get involved in any discussion with them, pass the letter out but keep your door chain on. They'll often want you to speak to the Card Co on their phone - refuse.
Tell them if they don't leave immediately you'll call the police and have them removed. Walk away from the door so they can't keep you talking.
GordonsB's remarks above are no doubt meant to be humorous but it would be unwise to throw anything over a caller. Sod's law says YOU'D be the one who gets arrested.
Use this thread for the MS card and start a new thread for the Goldfish card, so the cases don't get mixed up.
Any help and advice is offered in good faith, based solely on my own knowledge and on experience gathered from this site. I am not qualified to offer legal or financial advice, which you should seek from an expert before making any important decisions. My opinions are therefore offered without liability.
Definitely send the letter in Slick's post above. You may be in Tenerife, but they could turn up later - and you don't want that.
I CCAd on both of these cards in November and just got T&Cs for bcard. Then I chased in early January, got an almost illegible copy of an application form for MS, and have written back asking what on earth it is about. Nothing on the Gfish, and have just sent a letter asking them why they haven't even replied.
Got a call from Calders or Mercers this evening - can't remember which as they are all the same - about the MS card and said I wasn't paying as I'd asked for an agreement in November, got utter garbage in January and had written back on 16th January to ask what it was supposed to be and had got no reply. The guy said I would get a reply, and I said when exactly? He said he didn't know. I asked what he would do if he got an apparent agreement which referred to other conditions in the agreement which weren't there, and what would he think, and he said he couldn't comment.
He said he'd put the account on hold until next week and I said thank you very much and he might like to chase up an answer to my letter.
Send them the template letter saying you will not be communicating by phone and there is an option to record their calls might be easier just to change your number it gets to be a pain.
Your a poor defenceless lone female I imagine, when hassled by an aggressive male who tried to force his way into your house you used non lethal force to dissuade him.
In the unlikely event that you have a trip to the police station its something to boast about with your mates and they will not come back.
UNfortunately I will have to wait for the guy to turn up as there is no Account number or other reference on the calling card so I dont know which account he's calling about!
You can send this to whoever you CCA'd, presumably BC:-
Dear Sir/Madam,
FORMAL COMPLAINT A/c no. xxxx xxxx xxxx xxxx
Thank you for your letter of xx/xx/xx, the contents of which have been noted.
You have failed to respond to my legal request to supply me a true copy of the original Consumer Credit Agreement for the above account.
On the **DATE** I wrote to you requesting a copy of the credit agreement and other information under the Consumer Credit Act 1974 (Sections 77-79).
On **DATE** a member of your staff signed for delivery of my written request and I have an electronic proof of delivery showing their signature and the date.
To date you have failed to comply with these requests in any way, whether by confirmation of receipt of the request or by supplying the requested documents.
These documents I requested should be readily available as proof of your legal right to collect this account under the Consumer Credit Act 1974.
In my letter of the **DATE** I made a formal request for a copy of the signed, executed credit agreement for the above account under section 77(1) of the Consumer Credit Act 1974. In addition a full statement of this account should have been sent to me detailing all debits and credits to the account.
Furthermore, you are aware that the Consumer Credit Act allows 12 working days for a request for a true copy of a credit agreement to be carried out before you enter into a default situation.
This limit has expired.
As you are no doubt aware section 78(6) states:
If the creditor fails to comply with Subsection (1)
(a) He is not entitled , while the default continues, to enforce the agreement.
Therefore this account has become unenforceable at law.
You have failed to comply with a lawful request for a true, signed copy of the said agreement and other relevant documents mentioned in it, failed to send a full statement of the account and failed to provide any of the documentation requested.
Consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS.
Furthermore I shall counterclaim that any such action constitutes unlawful harassment.
Please note you may also consider this letter as a statutory notice under section 10 of the Data Protection Act to cease processing any data in relation to this account with immediate effect.
This means you must remove all information regarding this account from your own internal records and from my records with any credit reference agencies.
Should you refuse to comply, you must within 21 days provide me with a detailed breakdown of your reasoning behind continuing to process my data.
It is not sufficient to simply state that you have a ‘legal right’. You must outline your reasoning in this matter and state upon which legislation this reasoning depends.
Should you not respond within 14 days I expect that this means you agree to remove all such data.
Furthermore you should be aware that a creditor is not permitted to take ANY
Action against an account whilst it remains in dispute.
The lack of a credit agreement is a very clear dispute and as such the following applies.
* You may not demand any payment on the account, nor am I obliged to offer any payment to you.
* You may not add further interest or any charges to the account.
* You may not pass the account to a third party.
* You may not register any information in respect of the account with any credit reference agency.
* You may not issue a default notice related to the account.
I reserve the right to report your actions to any such regulatory authorities as I see fit.
You have 14 days from receiving this letter to contact me with your intentions to resolve this matter which is now a formal complaint.
Despite my letter regarding ANY communication from your company, which stated that I require ALL communications in writing, your telephone calls continue.
This behaviour constitutes harassment; the letters stated quite clearly to you that I require ALL communications in writing for future use. Do not telephone me again - remove any telephone numbers you hold for me from your systems.
Your telephone calls are in breach of the Office of Fair Trading guidelines. If you continue with them after the receipt of this letter an official complaint, together with a log recording the times and frequency of the calls will be passed both to that office and to the Trading Standards office. For your information note that ALL telephone calls are taped.
This type of debt collection method is contrary to the ‘Administration of Justice Act 1970’ in that it is intended to cause alarm and distress to the recipient. Your methods will not be tolerated. A formal complaint, containing copies of all correspondence including yours, has now been submitted to the relevant authorities. This will be relevant to questions of your fitness to hold a licence under the Consumer Credit Act, whether or not it results in a prosecution.
Take further note that continued telephone calls after the receipt of a request not to call may constitute a criminal offence under Section 127 of the Communications Act 2003.
Communicate in writing and ONLY in writing, your telephone calls will NOT be answered.
HOWEVER, CALLS WILL TRIGGER COMPLAINTS TO THE REGULATORY BODIES.
I would appreciate your due diligence in this matter.
Any help and advice is offered in good faith, based solely on my own knowledge and on experience gathered from this site. I am not qualified to offer legal or financial advice, which you should seek from an expert before making any important decisions. My opinions are therefore offered without liability.
Sent the above letter and have now received the usual response - we have requested the information from GBL.
Up until now I have had an arrangement in place which is affordable. They have had almost 2 months now to produce a valid CCA. What do you think I should do - stop paying them - in the letter they say that they have ceased any collection activity until the CCA has been supplied
Any help and advice is offered in good faith, based solely on my own knowledge and on experience gathered from this site. I am not qualified to offer legal or financial advice, which you should seek from an expert before making any important decisions. My opinions are therefore offered without liability.
I think in this case I will continue paying for another month or so and see if anything turns up. I dont want the grief of incessant phone calls and letters at the moment as I have some rather more serious issues to deal with. If nothing arrives then I will send them a polite letter telling them where to go.
Could you have a quick glance at this thread as it seems to be getting overlooked?
Any help and advice is offered in good faith, based solely on my own knowledge and on experience gathered from this site. I am not qualified to offer legal or financial advice, which you should seek from an expert before making any important decisions. My opinions are therefore offered without liability.
Pussycatdoll V Goldfish and Morgan Stanley
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