My Friend vs Empire/Droyds

[kennyparkroad]

Hi there

 

Debt with Empire Catalogue for approx £2000, she knows she didnt sign a thing (as with most catalgue companies), heres the timeline so far

 

CCA'd them 13 Feb - Heard nothing back yet, cant prove delivery (assumed lost) so sent them a reminder on 13 March which was signed for 14th march recorded delivery

 

Letter from Droyds Debt Collection on 14 March demanding payment

 

CCA sent to Droyds 16 Feb Recorded Delivery, ALSO FAXED IT AND PRINTED FAX HEADER TO SAY IT HAD BEEN RECEIVED

 

 

 

The recorded delivery letter to Droyds has not been delivered yet, but i can prove the fax has been recieved, also i do have a VOUCHER ID for the postal order, is there anyway i can check and see if it has been cashed (even though i know they are valid for 6 months)

 

What do i do now, do i send them another recorded delivery letter or just wait for anything to come back from Empire or Droyds themselves?

 

Thanks

 

Kenny

 

PS - while im doing all this for my friend i am paying all the costs of postage etc, as she is on benefits and also has parkinsons which is a stuggle on my finances, but i want to clear her of this debt

 

 

FOR INTEREST its the same friend as my thread i started

 

My Friend vs Lowell Portfolio, Partial Victory?

 

 

 

Enjoy

[kennyparkroad]

ps - cant see my sig in my own posts, does it come up?

[kennyparkroad]

bump.

 

 

might as well add, she didnt actually spend anything with empire, someone done it and added it to her account!

[sequenci]

you have proof of delivery. the day delivery was made is the day your 12 days starts running mate.

[kennyparkroad]

Hi there thanks for getting back to me, there has been a new development

 

she got a letter BACK from Droyds.

 

 

 

BROKEN AGREEMENT

 

We have received your payment for £1 (even though i marked the letter that the £1 was not to be offset against any alleged debt)

 

We must remind you that we accepted your offer of fortnightly payments on the understanding you would make payments regularly and by the due dates printed in our letters.

 

However, your paymend is less than you promised and BREAKS THE TERMS OF YOUR AGREEMENT. Your account is now £xx.xx in arrears.

 

If you make a payment of £xx.xx immediately (this includes your next regular payment and your arrears), we can allow you to continue with your plan. You MUST then continue to make your agreed payments on time fortnightly.

 

Please give this your immediate attention, if you ignore this letter we must consider our agreement with you broken, and will transfer your acount to our Legal Assessment Team, Legal action can start within the next 2 weeks.

 

DROYDS

 

 

 

 

 

Now she doesnt remember agreeing to anything on the phone and after my advice stopped dealing with them no the phone

 

what do i do for her now?

 

Obviously they have went against the OFT guildines for chasing payment while the account is "in dispute"

 

Do i wait out the 12 days for the CCA to run out (which will be on the 3 April), or do i write them a letter to the effect off.

 

 

 

 

I refer to you letter dated 20 March 2007, however must point out that no agreement was made for payment on this alleged debt.

 

I must also point out that you have used the £1 postal order for payment when in fact it was stated in the letter it was for a CCA Request which to date you have still not complied with.

 

You have acted outwith the OFT guidlines and are now acting illegally as you are demanding funds for an alleged debt that has yet to be substantiated.

 

I no have no other option but to report this directly to the OFT and to Trading Standards.

 

I will now no longer enter into any correspondace with your company and assume this matter closed.

 

 

 

 

 

do i sent them the above letter, or wait for the 12 days to run out?

 

sorry for seeming stressed but to be honest i am, i want this over as quick as possible and its putting her under a lot of strain and is making her parkinsons worse, i myself am also feeing the pressure now.

 

Any and ALL advice appreciated.

 

Kenny - On Behalf of Friend.

[kennyparkroad]

Bump

[PriorityOne]

Hi Kenny,

 

Normally, I would be inclined to wait and let them default, but as this is causing so much stress for you and your friend, try sending the letter below :

 

 

I refer to you letter dated 20 March 2007.

 

No payment arrangement has ever been made on the above account. Instead, a legal request was made for a signed copy of a Consumer Credit Agreement (Consumer Credit Act, 1974), which was received by yourselves on xx/xx/2007. The £1 that you mention was the enclosed fee.

 

Therefore, until I have sight of this document the account remains in dispute and no payments will be forthcoming.

 

Yours faithfully,

 

 

 

As usual, send it by rec. delivery and keep the receipt.

[kennyparkroad]

thanks for that, the problem with Droyds though, is the last time i sent recorded delivery it never got signed for! (one signature for bulk delivery im thinking) but i will fax the letter as well

 

im a little less stressed now, i took 5 mins out went a walk around the harbour and cleared my head - ready to fight again now.

 

as usual thanks for the reply, its much appreciated.

[PriorityOne]

thanks for that, the problem with Droyds though, is the last time i sent recorded delivery it never got signed for! (one signature for bulk delivery im thinking) but i will fax the letter as well

 

im a little less stressed now, i took 5 mins out went a walk around the harbour and cleared my head - ready to fight again now.

 

as usual thanks for the reply, its much appreciated.

 

They cashed the £1 CCA fee though...

 

If you fax it through as well, then you have covered yourself.... the ball is back in their court now.

 

Make sure you keep all correspondence from them.... as well as your rec. delivery/fax delivery confirmations.

 

[kennyparkroad]

faxed it off, printed fax header, dont think ill bother sending recorded, as the fax will do (with fax header) wont it?

[PriorityOne]

I wouldn't presume anything with these people Kenny. For the sake of a few extra pence, send it rec. delivery as well.

[kennyparkroad]

i have just before you posted, printed out the letter got her to sign it and will be sending recorded at lunchtime (in 15 mins)

 

i thought it better to cover her tracks.

 

Its interesting to note that they still list her address as hull in england when she lives in Scotland

 

Example

 

Ms X

51 Nowhere Street

HULL

Scotland Street Name

Scotland

 

 

now the debt they are chasing was created in Hull, and its recorded on her Credit File as teh example above as well.

[kennyparkroad]

Update

 

letter from DROYDS

 

 

 

With reference to your letter dated 13/3/07. I apologise for the delay in replying.

 

Our agent should have provided you with a payment card signed by both parties. As we are unable to confirm this we have no alternative but to clear the account. I can confirm the account will be removed from the credit reference files.

 

 

 

 

 

ok so they havent repsonded to my other letter yet, but shall i take this as a victory for my friend?

 

 

Empire themselves were CCA'd but never did reply.

 

 

 

 

im thinking of replying with this.

 

 

CLOSE OF ACCOUNT

I refer to you letter dated 29 March 2007, a copy has been included for ease of reference.

 

Thank you for your letter dated 29 March, and I am pleased that this matter has been closed because your client cannot substantiate the alleged debt; I am also pleased you have removed the erroneously placed entries from my credit file.

I trust no further actions we again be taken on this matter.

Yours faithfully,

 

 

 

 

 

Ideas/suggestions

 

really hope this is the end of it for her.

 

Would mean 2 cases ive fought, 2 won so far!

[PriorityOne]

It looks like a victory to me Kenny...

[kennyparkroad]

hi POne.

 

Ok so droyds have backed off, but i also CCA's Empire (the original creditor) but they havent replied or done anything

 

they are in default and offence, should i write them a letter telling them to remove all credit entries on file?

 

 

PS - Also going to send experian a letter asking them to inform me when droyds have removed entries or if they fail to do so get experian to do it for me, (will also send them a copy of the letter from Droyds)

[PriorityOne]

hi POne.

 

Ok so droyds have backed off, but i also CCA's Empire (the original creditor) but they havent replied or done anything

 

They probably won't.... catalogues usually don't get you to sign anything.

they are in default and offence, should i write them a letter telling them to remove all credit entries on file?

 

They should remove them if in default of your request, yes.

 

PS - Also going to send experian a letter asking them to inform me when droyds have removed entries or if they fail to do so get experian to do it for me, (will also send them a copy of the letter from Droyds)

 

... Go for it Kenny !!

[kennyparkroad]

any template on what i could send empire to remove all credit entries?

[PriorityOne]

No template to my knowledge Kenny, but you could try something like :

 

As you have failed to comply with my request for a Consumer Credit Agreement, received by yourselves on xx/xx/2007, I request the immediate removal of all unsubstantiated entries on my credit file, followed by written confirmation for my own records.

 

Yours faithfully/sincerely,

 

[kennyparkroad]

thanks