Thanks dx; so you don't think there is any need to send SB or CCA letter, just wait and see what happens next?

Not wishing to hijack the OP, I received the exact same letter last week (name and creditor changed obviously!).

I DID have a credit card with the company named in the letter but had heard nothing from anyone regarding this for over 10 years, and I'm 99.999% sure it's state barred as I haven't made a payment in that time.

Would I be best ignoring the letter, or should I send the SB letter or indeed CCA Link?

Thank you all in advance for any help you can provide.

AG

Thanks to everyone for their comments; makes me feel a little better knowing that I should ignore until / if something more concrete appears.

Cheers,

AG

Afternoon all,

Received a letter recently from GDR Trace (New Malden) with the following:

Dear xx,

I am instructed to contact you as I believe you may be the person our client wishes to make contact with. Out trace team have made enquiries and have received confirmation that your details have changed to the above address.

You can contact us free of charge on:

Email: [email protected]

Freephone: 0800 xxx xxxx

Or you can text us on:

SMS Line xxxxx (Please note this line does not accept calls)

Please contact us by either of the above methods and we will be played to verify our reasons for writing to you.

Yours sincerely etc etc

I have no idea what this is about; any debt I may have had were SB a few years ago. I am going to simply ignore this unless anyone thinks differently? Also, is this breaking OFT collection guidelines, do you think? All seems a bit hazy, asking ME to verify who I am; surely that should know who they are writing to?

Thanks in advance for any help you can provide; you guys are simply great.

Many Thanks,

AG

Thanks renegade; I will file it under not received and see what happens next.

Many Thanks,

AG

Thanks Conniff,

Neither Global Debt Recovery or Absolute Locate ring any bells with me; I assume this may be a debt that has been bought from another DCA. Does anyone had an idea on what I should do? Perhaps simply ignore the letter or is there a standard response I should send?

Thanks,

AG

Hi All,

I received a letter from the above with the following wording:

"Dear xxx

We require your assistance to verify information on behalf of a client. This is part of an investigation we are currently conducting.

In order to progress our enquiry we would greatly appreciate it if you could contact os on FREEPHONE 0800 xxx xxxx, or alternatively contact us via our website.

Yours sincerely,

Mr. Thomas

Investigations Manager

Absolute Locate"

Obviously I will not be contacting them; I have no debts 'in play'; anything I had SB by now, but who are these people, and what would be the appropriate action at this point, in your experience? Is contacting someone and asking them to verify information about a debt a legal practise even?

Thanks in advance for any advice you can provide,

AG

Hi all,

received a PCN on my vehicle for parking on a single yellow line.

Used the local authority website to challenge and

was told that a response would be received within 10 working days.

Nothing was forthcoming, and

the next thing was a Notice to Owner being delivered by post, stating that the full amount was now due (£70, rather than the £35).

I spoke to the council and told them that I did not receive a response to the initial challenge.

They stated that it had been sent by email and resent by email, the copy.

My question is this;

does a response by email constitute proof of posting?

What I mean is,

how can I be sure that they sent the initial email as it did not appear in my inbox or Junk,

however, the second email did.

Also, they sent the Notice to Owner by post rather than email.

Id there some kid of challenge I have here to pay the original reduced amount (£35) rather than the full £70?

I am not now disputing the original PCN, rather I am challenging the fact I did not receive the response to my challenge,

and therefore did not have an opportunity to pay the reduced amount once their decision had been reached.

Apologies for the rather protracted post; but hopefuly someone can advise?

Many Thanks,

AG

Yup Statute Barred.

Hi cerberusalert, thank you for the fast response; much appreciated. I would simply send them the appropriate template letter from the forum library in this instance?

Best,

AG

Hi all,

Apologies if this is the wrong sub-forum for this, but unsure as to exactly which one to use.

I received a letter from a water company yesterday, from their Credit Control department. It stated that they are currently going through an audit and found that there was a balance outstanding for water charges at my previous address, and they politely asked that I give this matter my immediate attention. They have asked that I contact them should I have any questions, or require a bill copy etc; all very polite and non-threatening.

I left that previous address in July 2005 and have had no contact with this water board since (my present address comes under a different provider). My question is, does a utility bill (specifically water), come under the statute of limitations umbrella, inasmuch as the alleged debt is unenforceable after a period of 6 years (assuming the usual other conditions have been met)?

Thanks in advance for your advice on this.

Cheers,

AG

Thanks so much everyone...will update as and when I get a reply.

AG

Thanks Huff&Puff......I'll send them the "gentle" reminder that they still haven't complied with te CCA request and see what happens from there.

Cheers,

AG

I think that as they seem to have failed with your CCA request they still haven't got much of a chance in proceeding and if they've taken the £1 off the account that's up to them but it doesn't count

 

With the greatest resopect, if I could refer to my original posting, doesn't the fact that they took £1 off the amount affect the statutle of limitations, as they could now say that I made a payment and the clock gets reset to this date?

I think the fact there is no valid CCA after this time means they may not be a position to do much, but I'm mightily p****d off that they continually flout the regulations without any respect for us or themselves.

I would like to go to the appropriate authorities, but would very mch like some guidence on who and how this can be achieved.

Thanks again,

AG

It is just a statement. Send the "bemused" letter to them. They cannot enforce payment as the account is in dispute.

Bemused as in ".......failure to comply iwth the CCA request renders the alleged debt unenforceable" letter (i.e. the one I sent to AIC in May 2008, or another bemused letter; in which case, is there a temnplate for such a thing?

Really appreciate the help given on here

AG

Phoenix Recoveries acting on behalf of Triumph Asset Services

More info detailed on the top of the letter.

Thanks again

AG

Hi all,

I'd love some advice please concerning this issue.

I sent a CCA request to Fairmile Limited Partnership c/o Triumph Asset Services in May 2007, and received no reply, until Feb 2008 when I got a "Final Notice of Intent" letter from AIC, acting on behalf of Triumph. I respectfully(!) reminded them that they had not complied with my original request, and sent a copy of my initial. Nothing until a few days ago, when the attached "Statement of Account" came through the post.

(1) Can anyone shed some light on what thisis? It refers on the top to "As required under Sections 77-78 of the Consumer Credit act 1974"

(2) They have taken the original £1 Postal Order OFF of the original outstanding balance (which I thought wasn't allowed, as it was payment for the CCA request)

(3) Is this even lawful to send this, as the account is in dispute as I have never received a CCA of any description?

(5) What would my best course of action be when replying to this?

(4) Can I / Who should I complain to about this, as it's starting to really get me down mentally.

I really appreciate any advice you can provide.

Many Thanks,

AG

S.PDF

Hi Hallowitch,

Many thanks for your reply, I thought there should be SOME kind of paperwork. I assume I should contact the Council directly to get this confirmed?

Thanks again,

AG

Hi all,

I really hope you guys can helo me here with this. I was overpaid Housing Benefit about 5 years ago, and received a letter from Newlyn about 18 months ago telling me they were collecting. I have paid £1400 so far on this debt but they are now asking for the FULL outstanding amount. I am now employed, but unable to pay this amount in one go.

Does anyone know what paperwork (if any), Bailiffs need in order to visit? Can they simply rock up on the say so of a council, or should there be a liability order / CCJ / something else in place before this can be done. I believe that nothing "legal" has taken place in my case, but would appreciate assistance on this as I may well be in the worng on that.

I have contacted the council on several occasions, and each time, have been fobbed off with a reply, so before I speak to the Bailiffs, I'd love to know where I stand.

Thank you in advance for any help you can give.

AG

Bump (Sorry for being selfish on the bump)...

Any help much appreciated. I have contacted the council to ask them to check if any order has been issued and forward paperwork to me if so, and also to ask them if I can deal directly with them from now on, but if anyone knows if Court paperwork of ANY description has to bein place for a bailiff to call regarding Housing Benefit, I'd be eternally grateful.

Thanks again

AG

Hi everyone,

I need some help please as this situation is scaring the hell out of me. I was liable for £2800 overpayment of housing benefit (geuine and not diisputed by me). I received letters from Newlyn last year and entered into an arrangement to pay £100/month. Sadly I was made redundant at the end of last year and contacted Newlyn to offer a smaller amount until I was working again. (The debt is not down to £1900). They are now threatening to send bailffs to my house, and seem to be refusing to ackowledge my offer of payemnt - all I get are "standard" letters asking me to contact them by phone and discuss a proposal, even though I have written to them (signed for) to state my proposal.

Can they simply turn up at my house, or do they have to have some kind of court order to do this? If they do, I have no indication from any received correspondance that they have this, so can I ask them, or can they simply rock up on a whim?

Thanks again for everyones help, I'm s******g myself truth be told.

AG

Hi all,

I received a letter from the above a couple of weeks ago, demanding I call them regarding a debt they are acting on under instruction from their client Arrow Global LLC. I replied enclosing the CCA request letter I sent to Arrow last year, and one which I never had a reply to, telling them their client was in breach, they can't hassle me etc etc as the account is indispute, all information gratefully gleaned by you all on here This morning, I received another letter from Weightmans stating:

"PLEASE CONTACT US BY 4PM ON FRIDAY 23 JANUARY TO REDUCE YOUR DEBT BY UP TO 70%

We understand you may be experiencing financial difficulties in the economic climate. For a limited period only, we are instructed to offer up to a 70% reduction of your outstanding debt to our client, subject to financial status. Please contact xxxxx etc etc"

My first instinct is to simply ignore it as it would seem that ths CCA agreement is still "not available". However, is there another better tact I should take do you think?

Thank you for all your help with this, it's really appreciated.

CHeers,

AG

Quelle surprise - DCA speaks with forked tongue...

 

In their letter, the DCA says:

 

 

 

So, they say they don't require a licence, and therefore the guidance doesn't apply. Curious, because OFT confirms that they do need a licence - and the DCA knows it, because they have one (I've pm'd details to OP). It follows, then, that they should be complying with the guidance.

 

Their statement that 'we are not trading and you are not a customer' is just bullsh1t; if they are collecting debt, they need a licence.

 

Incidentally, their entry on Information Commissioners Office's register of data controllers shows that they process data relating to the tracing of consumers and collection of debt on behalf of creditors - so, a debt collection business that requires a licence, then.

 

The company concerned has featured on CAG before, and has a reputation for being a little, well, non-conformist. So, whilst you should definately ask them for a copy of their complaint procedure - as holders of a consumer credit licence they are obliged by the CCA 2006 to have one - and submit a formal complaint, (add 'communicating in a deceitful and misleading manner' to the existing complaints), escalating to FOS as required.

 

However, I suspect that a complaint to the council about their DCA's conduct is likely to be more fruitful. If they need to focus their minds, mention that you will complain to the Local Government Ombudsman.

Thanks SP for the research and for this. I will draft something and put it on here for comment as I want the letter to (1) Let them know I (well, you lot) know your rights, (2) They have behaved in an unprofessional manner and (3) Have basically lied to me regarding credit license, as they stated in writing, they don't need one!

I have a copy of their complaints procedure, and informed them I was escalating this to OFT, when I received the reply I posted, so this is the opportunity to try and put them in their place a litttle. The ironic thing is I'm not even trying to avoid paying, and have sent several payments already!! In addition, I will contact the council involved directly, and send them a copy of the letter to these guys, to show them the sort of company they are dealing with...i.e.

Thanks again everyone for your help.

AG

Hi SP,

Sent you a PM...

Thanks

Hi all,

Sent a letter to complain about the treatment received in terms of "standard" letters being sent continually in response to mine, all asking for me to contact them, and the lack of response from their client (local council regarding Overpaid Housing benefit).

I received the attatched letter in response; what concerns me is the statement that they do not have to follow OFT guidelines as they do not need a consumer credit license to collect the type of debt they do. What comeback (if any) do I have to this then if OFT does not apply in this case?

I am fed up with their "junk mail" asking me to call; I have no wish to talk to them, correspondance in writing is the only way I wish to deal with these guys.

Any advice would be gratefully received; I feel like they have the upper hand now and it irks me enormously!

Thanks as ever....

LET.pdf

Call Trading Standards ASAP, here's the link:

 

Trading Standards Central - Trading Standards and Consumer Protection information for the UK

 

Send the DCA this by recorded post:

 

Dear xxxx

 

Account Ref xxxx

 

Please be advised that I will only communicate with you in writing. I have noted your repeated attempts to contact me by telephone over the past few weeks/months and these have been duly logged by time and date.

 

Furthermore, should it be your intention to arrange a “doorstep call”, please be advised that under OFT rules, 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 English Common 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 Common Law for you, or your representatives to visit me at my property and if you do so, then you will be liable to damages for a tort of trespass and action will be taken, including but not limited to, police attendance.

 

Yours faithfully/sincerely,

 

And here's the link to the OFT guidlines:

 

http://www.oft.gov.uk/shared_oft/business_leaflets/consumer_credit/oft664.pdf

 

False representation of authority and/or legal position

2.3 Those contacting debtors must not be deceitful by misrepresenting their authority

and/or the correct legal position.

2.4 Examples of unfair practices are as follows:

a. falsely implying or claiming authority, for example, claiming to work on

instructions from the courts, claiming to be bailiffs or, in Scotland,

sheriff officers or messenger-at-arms

 

Deceptive and/or unfair methods

2.7 Dealings with debtors are not to be deceitful and/or unfair.

2.8 Examples of unfair practices are as follows:

a. sending demands for payment to an individual when it is uncertain that

they are the debtor in question, for example, threatening debt recovery

action to 'the occupier' or sending a payment demand to all people sharing

the same name/date of birth as a debtor in the hope that contact with the

correct debtor will be made.

b. disclosing debt details to an individual when it is uncertain that they are

the debtor in question, for example, disclosing details to 'the occupier' of

an address.

c. refusing to deal with appointed or authorised third parties, such

as Citizens Advice Bureaux, independent advice centres or money

advisers

d. contacting debtors directly and bypassing their appointed representatives

e. operating a policy, without reason, of refusing to negotiate with

debt management companies

f. passing on debtor details to debt management companies without the

debtors' informed prior consent

g. failing to refer on to the creditor reasonable offers to pay by instalments

 

The highlighted bits apply to you and make sure you firmly but politely inform TS that they have broken these.

 

Good luck and best wishes.

That's a great help BabyBear, much appreciated. I will use the "doorstep call" paragraph for sure. I was also going to point out that their comment about not responding was factually incorrect as they have signed for letters I sent them (electronic proof available), plus they have cashed a cheque, possibly two by now.

Should I advise them I am reporting them to the TS, or should I first, ask for a copy of their complaints proceedure, or just report them to TS and not let them know?

Thanks again everyone for your help...