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Everything posted by djdave

  1. As above, don't panic! It's a standard threat-o-gram, designed to scare you into making a payment. You've been wise enough to question it and to post here, which is a great start. The onus is on a debt collector to prove there is a debt, not for you to prove there isn't. If you believe there may have been identity theft your first move should be to report this to the police. Take the letter, your credit report and any other evidence to your local station and make a report. Next write to the DCA (which debt collector is it, btw?) stating your position and telling them that the alleged debt is in dispute while the police investigate. Let them know the crime reference number, and make it clear that although you are happy to co-operate with any investigation you are certainly not the debtor. Include the line "I do not acknowledge this debt" big and bold at the top of your letter. They've already broken OFT guidelines on debt collection by misrepresenting their powers, to continue pestering you for a debt in dispute would dig themselves into an even deeper hole!
  2. Good advice, but would a utility bill be covered by the CCA? Remember, even in the highly unlikely event of a collector calling, they have absolutely no legal powers and no right of entry. They are a debt collector, not a bailiff, and you have every right to ask them to leave. Ignore their threats and posturing, wait until you get something in writing and let us know.
  3. I wonder if their soooper-dooooper new letter sorter has a seperate setting for CAG letters?
  4. To echo the excellent advice above, see you bank as a matter of urgency and insist that they block any further payments. Ideally get something in writing stating that they have done so. As you'll probably have realised from your own experiences and reading this forum, DCAs can be a slippery bunch. Never ever speak to them on the phone, keep all communication in writing - recorded delivery if at all possible. Your next step is to establish whether Cabot have a legal right to be collecting this alleged debt. I assume it's covered by the CCA as you say you've already prepared the letter? Get the CCA request off, with a £1 postal order. You did include the line "I do not acknowledge any debt", didn't you? Don't sign the letter with your usual signature, instead print or sign through a line. Make sure this goes recorded delivery as there's a timescale Cabot must adhere to. Chances are you'll get your quid back with a letter saying that they don't have to supply an agreement, but as they're so lovely they'll do their best to get one from the original creditor. Once you get a response, let us know and we can advise further. If (and only if) they have a legal right to this alleged debt, then you can set up a payment plan ensuring that you only pay what you can genuinely afford, and by a method which you control such as standing order. But we'll cross that bridge if we come to it.
  5. It's useful, yes. Edz, I apologise and withdraw my comment in post 77
  6. So much for a forum being a place to share knowledge... Anyway, the application form states the '74 Act.
  7. Well I've sent them a letter which is far too long and dull to bother you with here, but can be summarised thus: Dear Feckers, Put up or shut up. Yours sincerly etc
  8. I'm angry now. So what if lots of people are sending in similar letters? Maybe they're similar because we're all quoting the same LAW, and unlike certain DCA's we don't try to twist the law to fit our circumstances. And... calm.
  9. Here's a link to CB's letter: http://www.consumeractiongroup.co.uk/forum/debt-collectors-debt-collection/118052-tbi-debt-we-cant.html#post1197500
  10. I've bookmared that answer - I might need it one day
  11. I assume the HL letter doesn't say what the debt is for? They may be on a fishing trip for someone with the same (or similar) name, or it may be a very old debt (possible even unenforcable) on which they're trying their luck. Curlyben has a good "prove it" letter which I'll search for, otherwise you might just want to wait for their next move. As I'm sure you've now realised, never ever speak to these numpties on the phone.
  12. A few questions for you. Can you remember if it would have been an unsecured debt (credit card etc), or secured? And has it ever been subject to a CCJ? And, importantly, when you last made a payment towards it? If it's unsecured, not subject to a CCJ, and if it's been more than 6 years (5 in Scotland) since you either acknowledged it in writing or made a payment, then it's almost certainly statute barred. This means that although the debt still exists, it is unenforcable.
  13. djdave

    Corny v EGG

    First and foremost, never phone a DCA. Keep everything in writing with them. Do you have any evidence of your arrangement with Egg, and of the payments being made? You won't get a DCA to see sense, they don't work like that, so you'd need to go back to Egg and make them aware of their mistake in passing on an account which was still being paid. In the meantime though, write to Hillesden informing them that you do not acknowledge a debt to them as it is in dispute with Egg. Tell them that you will not enter into any discussion about repayments until Egg have had a chance to deal with your complaint. The FOS requires that they have 8 weeks, so I'd advise Hillesden of the same. As an aside, are there any charges you could be reclaiming from the loan or card?
  14. Firstly, never speak to them on the phone. Don't email them either. Their requirement to give them an email address is not backed up by any law. Write to them, recorded delivery, stating that you are not the debtor in question and therefore any further attempts at collection would not only be a breach of OFT guidelines but also viewed as harrassment and reported accordingly. As for their threats of removing your property, only a court appointed baliff can do this. Misleading you about their rights and powers is also a breach of OFT guidelines. If they try to contact you after receipt of the letter, contact trading standards and the OFT. In the highly unlikely event of them sending anybody round, simply remember that they have no legal rights. Politely but firmly tell them to go away (through a letterbox if you feel more comfortable). If they refuse, inform them that you will call the police. If they still don't leave, call the police and report a breach of the peace. Relax, though, it won't come to this.
  15. You're probably fed up with reading this, but don't ever call them! In simple terms, you first need to establish whether they have a legal right to be collecting this alleged debt. This would be in the form of a properly worded executable agreement containing all the prescribed terms referred to in Curlyben's post. If, and only if, there is an enforcable debt should you enter into negotiations over repayment. The OFT guidance on unfair practice states that a DCA must accept reasonable offers, and can not demand payment where this would lead to hardship. If and when it comes to negotiating repayment, send a budget planner in along with your offer. A DCA would look pretty stupid in court if they'd refused a reasonable offer. In fact, one might go so far as to say such court action would be vexatious.
  16. Here's a question. Going back to the original application form (link below), section 10 refers to "Personal Data" but the box isn't ticked. Sadly I cannot read the text, so don't know whether it's an opt-in or an opt-out. Does anybody have a more legible copy of a Barclaycard application form from the same sort of date (1996) which would contain the same text? Here's the linky: http://i152.photobucket.com/albums/s185/djdave2007/cabotapp.jpg
  17. I'd put something like this: Dear Moorcroft, I do not acknowledge any debt to your company. You have recently been sent a bank statement which clearly shows that £215 has been paid in respect of this alleged debt. I appreciate there may be some confusion as this payment was made by a relative, however I expect that you will now consider this matter closed. Please be aware that any further demands for payment will be treated as harrassment under the Administration of Justice Act. Yours, I wouldn't bother with anything else, to be honest. As others have said, if they still write back or demand payment, let us know.
  18. I'd echo that. Phone them ONLY if you're recording the call AND totally confident dealing with them. I'm not accusing Moorcroft of this (of course), but DCAs have in the past been known to lie on the phone. Or they'll tell you that everything is fine, then write demanding more money. Give me a minute or two and I'll suggest what to write.
  19. Best bet is start an account at Photobucket, upload your scans there and provide us with links. As already said, it no CCA = no enforcable debt
  20. That would not surprise me one iota. I'm sure they worked out long ago who that mysterious djdave is! WWell wwell wwell!
  21. Oh loubyb, if only you'd found this site earlier. Don't beat yourself up, you did nothing wrong. Companies like Moorcroft prey on fear and ignorance of the law, and believe they have carte blanche to threaten and intimidate people into payment. Please tell as many people as possible about this site, and don't let Moorcroft upset you. As PO says, do NOT speak to them on the phone, no matter what. If they get back in touch, politely but firmly tell them to put all correspondence in writiting, then post here for more advice.
  22. It could be missing from your credit report if it was registered as a default more than six years ago. But I wouldn't waste your energy worrying about that, as others have said if it's not already stature barred it'll only be a matter of weeks. In the HIGHLY unlikely event of Roughbitch sending anybody round, remember that they have absolutely no legal powers and you do not have to let them in. Politely but firmly tell them to go away (through a letterbox if you feel more comfortable), and if they refuse tell them you will call the police. Should they still refuse, call the police and report a breach of the peace. And as others have stated, never ever speak to them on the phone. Ever! If you need to write to them, ensure you start your letter with I do not acknowledge any debt in nice big letters. If you hear any more from them, let us know, but they'll probably crawl back into their shell and leave you alone
  23. Nearly two months after asking Cabot to clarify some points, I've finally received a reply. Apologies for any typos, I scanned it rather than typing it all out! My comments are in red: So in a nutshell, Cabot are saying that they've done nothing wrong and please give us some money. Seeing as all I've ever had from them is a totally unenforcable application form, and seeing as how the FOS don't want to get involved, I'm wondering what my next move should be. I'm tempted to just sit back and let them try Court action. I'd be interested to see how their application form photocopy goes down with a judge. Worst case scenario, I'm on long-term incapacity benefit so even if I lost in Court I can't see a judge ordering particularly massive payments. Any advice, please?
  24. I'd also have a read of the OFT Guidelines about unfair practice in debt collection (here) and when you've finished counting the breaches, make a compaint about their suitability to hold a consumer credit licence to: Consumer Credit Licensing Room 1C/5 Office of Fair Trading Fleetbank House 2-6 Salisbury Square London EC4Y 8JX
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