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    • No, reading the guidance online it says to wait for a letter from the court. Should I wait or submit the directions? BTW, I assume that the directions are a longer version of the particular of claim accompanied by evidence, correct?
    • Thanks for opening, it's been another rough year for my family and I've procastinated a little.. Due to the age of my defaults on this and other accounts (circa 2021), I really need to avoid a CCJ as that will be another 6 years of credit issues. Mediation failed as I played the 'not enough info to make a decision' however during the call for some reason they did offer settlement at 80%, I refused. this has been allocated to small claims track, court date is June 3 and I've received their WS. I'm starting on my WS. They do appear to have provided everything required of them (even if docs could be reconstructions). Not really sure what my argument is anymore but I do want to attend court and see this through. Should a judgement be made against me then I will clear the balance within 30 days and have the CCJ removed - this is still possible isn't it? I'm going to be reading up today and tomorrow and hope you can provide me some guidance in the meantime. Wonder what your advice would be given the documents they have provided? I am now in a position to clear the debt either by lump sum or a few large installments - Is this something i should look into at this late stage? Thanks as always in advance
    • I have now received my SAR. It includes a great deal of information! Is there a time limit on how long account information is kept and/or can be provided to debtors? I have received many account statements which were not previously sent to me. I remember that the creditor should provide explanations of any acronyms and abbreviations that maybe used in the documents. Is this still the case? Also what, if any, are the regulations in regard to adding fees to a debt? Can fees be added to a debt after the court has approved a charge on a property. Perhaps due to the numerous owners of the debt, many payments I made were not properly recorded on the account, some were entered over a year after the payment was made! Following the Legal Charge, I paid every month until my payments were refused. I am trying to compute the over payments, but the addition of fees etc. is confusing me. Any comments and/or help would be appreciated.
    • did you submit your directions
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Another DCA ploy


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Thought that ODC and tea and toast i didnt think it was fair to put the muppets name up , after all he is only trying to make a living. lol

 

I wouldn't worry about it. He probably doesn't exist but, if he does, he deserves to have his name and address broadcast.

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A quick phonecall confirms his name as Alex Robins , and he states it is not illegal to send out postcards and it is common buisness practice , i refused to give him any reference number so he bid me farewell.

 

You may want to ring the clown up again and point out the OFT Guidelines on Debt Collection

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Here are the relevant guidleines :

 

Communication

2.1 It is unfair to communicate, in whatever form, with consumers in an unclear,

inaccurate or misleading manner.

2.2 Examples of unfair practices are as follows:

a. use of official looking documents intended or likely to mislead

debtors as to their status, for example, documents made to resemble court

claims.

b. leaving out or presenting information in such a way that it

creates a false or misleading impression or exploits debtors'

lack of knowledge

c. those contacting debtors not making clear who they are, who

they work for, what their role is, what the purpose of the

contact is

d. unnecessary and unhelpful use of legal and technical language, for

example, use of Latin phrases

e. failing to provide debtors or creditors with information on status

of debts, for example, not providing requested balance statements when

reasonably requested

f. contacting debtors at unreasonable times

g. ignoring or disregarding debtors' legitimate wishes in respect

of when and where to contact them, for example, shift workers who

ask not to be telephoned during certain times of the day

h. asking or instructing debtors to make contact on premium rate

telephone numbers

 

Physical/psychological harassment

2.5 Putting pressure on debtors or third parties is considered to be oppressive.

2.6 Examples of unfair practices are as follows:

a. contacting debtors at unreasonable times and at unreasonable intervals

b. pressurising debtors to sell property, to raise funds by further

borrowing or to extend their borrowing

c. using more than one debt collection business at the same time

resulting in repetitive and/or frequent contact by different parties

d. not ensuring that an adequate history of the debt is passed on as

appropriate resulting in repetitive and/or frequent contact by different

parties

e. not informing the debtor when their case has been passed on to a

different debt collector

f. pressurising debtors to pay in full, in unreasonably large instalments,

or to increase payments when they are unable to do so

g. making threatening statements or gestures or taking actions which

suggest harm to debtors

h. ignoring and/or disregarding claims that debts have been settled or are

disputed and continuing to make unjustified demands for payment

i. disclosing or threatening to disclose debt details to third parties unless

legally entitled to do so

j. acting in a way likely to be publicly embarrassing to the debtor either

deliberately or through lack of care, for example, by not putting

correspondence in a sealed envelope and putting it through a letterbox,

thereby running the risk that it could be read by third parties.

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b. leaving out or presenting information in such a way that it

creates a false or misleading impression or exploits debtors'

lack of knowledge

 

e. not informing the debtor when their case has been passed on to a

different debt collector

 

You are too kind Babybear. I would add the above 2 as well less word 'different' in some instances.

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Dear Mr Robins

Following our recent and short telephone conversation, in which you stated , that postcards addressed to the occupier of an address was quite legal and common business practice i would like to advise you of the OFT guidelines on unfair practices. Those contacting debtors not making clear who they are, who they work for, what their role is, what the purpose of the

contact is. Acting in a way likely to be publicly embarrassing to the debtor either

deliberately or through lack of care, for example, by not putting correspondence in a sealed envelope and putting it through a letterbox,thereby running the risk that it could be read by third parties.

I trust that this will make the matter clear to you and your company . I have forwarded my complaint to the Office of fair trading regarding your behaviour. I have deliberatley ommited any contact details for myself , in order that your company might think twice when considering sending out phishing mail in the future.

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  • 6 months later...

I had one of those cards this morning and called the number and spoke to a narky woman. She said it was a tracing dept and asked me for the ref so I told her to go an whistle for it and was reporting them to the OFT" :eek:

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  • 7 months later...

I have added to this thread as an open postcard was addressed to 'The Occupier' at our office block, now there are about 6 companies working in this office block and it was posted through the main door....it requests to call Leon on 01482 380680 and a reference number and in the tiniest printed writing it says '2f is a trading name of Wescot Credit Services Ltd. Registered in Scotland...(and an unreadable number) And their 'registered' office Kyleshill House, 1, Glencairn Street, SALTCOATS, Ayrshire, KA21 5JT

 

This will of course be sent to the OFT.....

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