Rapid Reply Card with enclosed T & C's. No prescribed terms on what they sent.

 

Can you describe more about this card? Do you mean a post card type accompanied by T's & C's?

 

They then issued a default notice with not sufficient time to respond. I now have a final demand for the full outstanding balance.

 

When did you send the CCA request?

 

Now what?

Can you place any of the letters up here on the web site via PhotoBucket?

Cheers, Vex

Good Skills Joeve

Advice for phone calls. If you receive any more calls, refuse to be taken through their security process, and politely ask if you can take them through yours. This includes asking them for their date of birth, mothers maiden name (although they would prob find this difficult to answer honestly, as they generally extend from satans spawn). If they refuse to cooperate on those two request, ask if they would fax a copy of the paper version of their driving license or passport to your fax machine. PLUS Trying to speak with the radio on full blast in the background is quite rude and completely advisable.

Advice for door step visit. Ok before the silly stuff. These visits are illegit, UNLESS you have been extremely delinquent and let them get round you by way of judgement and order fo court. If caller has anything official looking, lock yourself in, and do not entertain them at all.

If door visit commences without official court documents, then ask them through the smallest gap in the door to:

1/ be patient (whilst you run off into house and call the rossers).

2/ speak to eedjut in pidgen english, and ensure that spittle from your foaming mouth makes it through the gap

3/ Bark at them like a dog. Key to the success of this trick is to let them see your jaw move whilst you bark, with your head jolting backwards quite violently as you continue to bark.

Gap in door stays very small. Right foot blocking door. Take no prisoners.

Impossible to say with Crapbot. This is just the standard templated letter that all Crapbot 'fans' receive.

 

Whatever the next instalment is, it may be a long way off. Some people have had letters such as this, and then nothing for months afterwards.

 

You may get another identical letter in a few weeks time. You may even get some kind of agreement sent to you. This may be enforceable, unenforceable, or it may be one of the latest fashionable "creatively reconstructed" kind.

 

Prediction is impossible. What you won't get is a Clownell-style capitulation. Crapbot simply do not give up - ever. They even take people to court for statute barred debts. Be prepared for a long fight.

 

SH

OK sure. Keep your guard up, but this does now look rather desperate for Crapbot.

Would it be premature to send them one of these?

http://www.code-d.com/tesco-cards/tesco-value-deepest-sympathy.pdf

Well at last another letter from my new friends Cabot Financial, it appears to have been delivered incorrectly, perhaps next door but it has found me even at this late hour.

Dear Mr XXXXXX

Unfortunately Cabot has not been able to provide you with the requested information within the relevant time period. We have worked hard to obtain this information for you. However, the original lender has not yet been able to locate the relevant information from their archives.

You are of course entitled to request the information direct from the original lender.

YOUR ACCOUNT

Cabot shall continue to hold any action on your account until further notice.

WHAT HAPPENS NEXT

Although Cabot is dependant on the original lender for the information, the relevant time period has now expired. However, Cabot shall continue to request the information from the original lender to assist you with your request. We hope to receive the relevant information shortly.

If you have any queries etc etc etc

 

Do any of you have any ideas what their next step might be please?

:lol:GAME OVER:lol:

I am surprised that Cabot have been so honest by admitting that they are lame.

Lowwill - Looks like your perseverence has paid its due dividend. Well done!!8)

Sorry Vex l meant to ask whats the difference of signing and using a digital signature

Sure

It has been suspected that some unscrupulous lenders and Debt Collection Agencies copy handwritten signatures to reconstruct agreements.

This process avoids that possibility.

Vex

BTW. Make sure that you send with a certificate of postage as a MINIMUM. You get these at post offices.

You could of course send recorded as well if you wish, but this costs more, and the fact that you have a certificate means that it is as good as delivered.

Good Luck

Aktiv Capital

XXXXXXX

XXXXXXX

Dear XXXXXXXX

You have contacted me regarding the account with the above reference number, which you claim is owed by myself/ourselves.

I would point out that I have no knowledge of any such debt being owed to (insert company name).

I am familiar with the Office of Fair Trading Debt Collection Guidance which states that it unfair to send demands for payment to an individual when it is uncertain that they are the debtor in question.

I would also point out that the OFT say under the Guidance that it is unfair to pursue third parties for payment when they are not liable. In not ceasing collection activity whilst investigating a reasonably queried or disputed debt you are using deceptive/and or unfair methods.

Furthermore ignoring and/or disregarding claims that debts have been settled or are disputed and continuing to make unjustified demands for payment amounts to physical/psychological harassment.

I would ask that no further contact be made concerning the above account unless you can provide evidence as to my liability for the debt in question.

I await your written confirmation that this matter is now closed. Otherwise I will have no option but to make a complaint to the trading standards department and consider informing the OFT of your actions.

I look forward to your reply.

Yours Faithfully

xxxxxxxxx

DO NOT SIGN Use a digital signature instead

Here is the link to creating a digital signature

http://www.consumeractiongroup.co.uk/forum/general-debt-issues/110578-digital-signature-guide.html

Now there are many different versions of a letter like this kicking around on this site. All work. They work essentially because the DCA ignores (or pretends to ignore, or pretends that letter never got there) the first one or two letters that you send to them when denying a debt. BUT you must still send them:) They get the message soon enough.

All the best, Vex

Just looking for a response for you now.

Me and my girlfriend have just been looking at her current account with Lloyds and discovered that over the past year alone she has had £300 a month bank charges. £3,600 in the last year!!! I would say these charges are rather excessive!

 

Righty, I think I am off to have a read about how to reclm them and get started, as all of her £1,100 unauthorised overdraft is made up of them.

 

Wish me luck!!

Now you really should examine these pieces of paper that the banks send you on a more frequest basis.

Hi Wec

Any chance that you subscribed the a free credit check service in the past weeks??

These 'free services' have a nasty habit of kicking up old debts and triggering the real low dog butt debt collectors to go hunting for payment.

In order of what i have summarised from you thread so far...

Your statute barred letter will be with Ruthbridge right now, and they'll be choking on that

As per the Express Delivery. You DO NOT contact them on the number. IGNORE it. Keep it in your file, but do nothing else with it.

As per Aktiv Capital. If you know nothing of it, and you presuume that if you did know anything of it, then it would be >10 years old, then that is the position we will take. If a company contacts you concerning an alleged debt, it is up to them to prove you owe the debt, and NOT FOR YOU TO PROVE THAT YOU DO NOT.

Can you drop a copy of the letter from Aktiv on here, or at the very least copy its words up onto a new post in this thread. Well get you a response drafted that will send them on their way.

Thanks, Vex

however ive been speaking my misses and we both said we would feel a bit funny about bascially not paying anything back , dont get me wrong im not on my high horse and i can totally understand why ppl are doing it and fair play to them, like i said i just feel weird about it.

As i have said a number of times on this forum, the banks have been profligate in their management of money.

Bank customers have been on the wrong end of their arrogance for too long, and my negative personal experiences of banking, their blatant theft of monies through 'charges' and this most recent credit crisis propagated by them, in my world justifies my assistance to people wishing to contest the banks.

You may probable agree with a few of the points i have made. You should not feel 'weird about it'. You will see that they will not feel weird about trying to twist the law to their favour.

Come on board!

Hello Starbar

What is this for. Credit Card, Overdraft, or Loan?

When was the above taken out?

How much is the debt for. Is it for more than 5K?

What other written correspondence have you received from them?

Thanks, Vex

Wonga's parent company is Quickbridge (UK) out of the same registered address. I can see the details of the shareholders, directors and secretaries, and their adresses but imagine that i will be censored if i post these:)

There is no mention in the company family tree of any firm of solicitors or leagl offices.

Chainey D'mateo and Shannon

Cannot find these listed on One Source, Companies House, or with the Law Society !?!:-|

Does anyone have an adress for this outfit??

Hi,

 

I have read many others have had the same problem so I dont feel alone anymore! Just wanted some advice really.

 

This is the right place to be now

 

Back last june money was running very low and I was looking for a new flat and needed deposit money. I couldnt get a loan so I STUPIDLY got a payday loan with Wonga.com/then samedaycash.com.

 

These things happen Can you tell us how much this was for?

 

I registered with them, got my money and eventually moved flat. Unfortunately I lost my job due to the credit crunch deducting members of staff everywhere. Then a month later I ended up in hospital after I lost my baby dramatically.

 

Very unfortunately, these things can happen too.

 

It was until a week ago my mother called to say she had had debt collectors at the door demanding money and left a note saying they would seize her car to pay the debt off if I didnt hand over...

 

Ain't never going to happen. The people who told you mother this are talking out of their backsides.

Although I had changed address with Wonga. They insisted they keep bombarding my family home (I was living there at the time and regsitered under that address) they say they have to go to that address as it was the first one regsitered with them.

 

This is a deliberate and completely underhand ploy to exert pressure upon you by way of harassing your family.

 

I have absolutely nothing at that home. No belongings...so they would have to take my mothers stuff to repay the debt.

They will get nothing. They can take nothing, never mind suggest taking or even looking at your property.

 

I called up the solicitors they sent my debt to (Chainey D'mateo and Shannon) and told the lady that I had been in hospital and honestly, completely forgot about the debt. As anybody would...

 

As mentioned a few posts back. No more calls to these people. Don't make them, do not answer them. If they call you, hang up, or take the phone to the nearest radio, and turn the radio up.

 

I said I could afford repayments of 50 per week. She said they could only agree to this if I gave them £200 immediately. Which I can not do. Therefore they said they will keep collectors going to my parents address.

 

Nope!

 

I refuse to give them my new address as they will come and take all of my boyfriends belongings and I really dont need any more stress.

 

Good move. They cannot touch anyones belongings. As for your boyfriend, even if this was a secured loan, that had been subject to a court order (a long process in itself) they would have as much claim over your boyfriends belongings and chattles as they would have over my belongings.

 

I just want them to agree a payment with me. Why can I not just pay £50 per month?

 

Let us see what you owe first. When did you take the loan out, and what were the repayments, and what was the interest rate?

DO NOT PUT ANY PERSONAL DETAILS UP HERE THAT MAY COMPROMISE YOUR CONFIDENTIALITY

 

I know I got myself into this mess. But I was planning on paying it back on the date it needed repaying...but as I have told you above..I have had a bit of a crisis. It all went to the back of my mind.

 

Understandable. It happens. Has happened to me. You will not be the last

 

I know I can write them a letter as pasted on another thread.

 

Here is a modified and more thorough version of that letter i drafted

 

Date XX/XX/2009

 

Your Reference - Account No. XXXXXXXX

 

Dear XXXXXXXX

 

In response to your letter dated xxth xxx 2008, received at this address on xx xxx xxxx.

 

In the first instance I refer you back to correspondence sent to you, on xx xxx xxxx and xx xxx xxxx. [DELETE IF NOT APPLICABLE]

 

Further to that, and in direct response to the content of your letter, I will make my position absolutely clear…

 

I DO NOT WISH TO RECEIVE ANY REPRESENTATIVE OF YOUR ORGANISATION, OR INDEED AN AGENT OR REPRESENTATIVE EMPLOYED BY ANY ORGANISATION THAT YOU ISSUE INSTRUCTIONS TO.

 

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 FOR DAMAGES FOR A TORT OF TRESSPASS AND ACTION WILL BE TAKEN, INCLUDING BUT NOT LIMITED TO , POLICE ATTENDANCE.

 

 

I also caution you here that should you ignore my request on this point, the actions of your representative(s) will happily be record edeither by CCTV or by audio recording equipment – whichever is applicable. Accordingly I reserve the right to use any evidence of you or your representatives’ ignoring this request in connection with any actions that I choose to pursue, including media exposure.

 

Should it be your intention to disregard my wishes, and break your obligations, please be advised that the following rules also apply, as laid down by the OFT in respect of debt collection, and that you, as a holder of a consumer credit license, are obliged to follow:

 

The areas of the OFT guidance which applies to you in this instance are:

 

Communication

2.1 It is unfair to communicate, in whatever form, with consumers in an unclear, inaccurate or misleading manner.

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

b. falsely implying or stating that action can or will be taken when it legally

cannot, for example, referring to bankruptcy or sequestration proceedings

when the balance is too low to qualify for such proceedings or claiming a

right of entry when no court order to this effect has been granted

f. pursuing third parties for payment when they are not liable

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:

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

or to increase payments when they are unable to do so

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

legally entitled to do so

Deceptive and/or unfair methods

2.8 Examples of unfair practices are as follows:

 

k. not ceasing collection activity whilst investigating a reasonably queried or disputed debt.

 

Debt collection visits

2.12 Examples of unfair practices are:

 

a. not making the purpose of any proposed visit clear, for example, merely stating that collectors or field agents will call is not sufficient

b. visiting a debtor when it is known they are vulnerable, for example, when

a doctor's certificate has been provided stating that the debtor is ill

f. visiting or threatening to visit debtors without prior agreement when the debt is deadlocked or disputed

 

I do believe this makes my position clear and unambiguous.

 

Yours Faithfully

 

But also I cannot seem to find an address for them. Letters that have been sent from Cheiny D'mateo and Shannon Solictors./debt collection agency...do not have their address on them.

 

OK. I'm looking for that address. In that method of omitting the address, you can see that they really only weant to speak with you, and coerce you into agreeing to terms that suit them only.

 

Where do I stand...?

 

Stand Firm. Hold your ground.

 

What can I do?

 

I hope they dont go to my parents and take the car.

Look. In reality, when these kind of things get completely ignored and managed badly, in the very very last resort, a creditor may (just may) get it through the courts. If the debtor (you) were to ignore actions of the courts, then, and ONLY then, could an order to take your posessions occur. So that would be YOUR posessions and no one elses. They would NOT be able to remove any items that you need in order to carry out work duties, thus removing the car from the equation. This usually leaves them with a choice of Televisions, HiFi, and such. NOW - most Bailiffs are up to the hilt with warehouses full of this kind of junk. NO ONE WANTS IT, because they can't sell it, and because they cannot sell it, they don't even bother to go near it. Unless of course, you have 'sexy' personal posessions like nice jewellery, an art collection, and the like, you are fine. Even if you had those, you would find a safe haven for those before the **** turned up.

I'm looking for the adress of that jerk solicitor outfit.

That should work for now.

Send letter with certificate of postage, and do NOT sign it.

Yes Hi Kate

Got your message about your new thread. Just looking over your first post here, and will write more in a mo.

My first observation is that the advice from cerberusalert is correct.

IN ORDER FOR YOU TO GET ON TOP OF THIS, YOU NEED TO BE ABLE TO MANAGE THE SITUATION ON YOUR TERMS.

Therefore you must insist on communicating in WRITING ONLY, and certainly NOT on the dorstep of your or your parents home. Phone calls and in person visits are finished now.

When you write, you do so with composure. You will receive all of the help that you need on this site, and you will be able to maintain a record of all correspondence sent and received.

IF YOU PHONE THEM, YOU WILL FALL FOR THIER TRAPS. NOTHING TO DO WITH HOW ADEPT YOU ARE OR NOT ON THE PHONE. IT IS JUST BECAUSE THEY ARE PROFESSIONALLY TRAINED IN DRAWING OUT RESULTS THAT WORK FOR THEM.

Let me read some more.......

Vex

Hi. Blowing Bubbles - I have EXACTLY teh saqme problem at the moment. Got a loan with Wonga in november and lost my job and then miscarried my first baby...been in and out of hospital for 2 months. Therefore I havent paid the debt back.

 

Had chainey demato on the phone...tried to agree a payment which they wouldnt accept. They have been round to my old address and threatened my parents that they will take the family car. Its all awful. I dont know what to do!

 

I want to send that letter somebody pasted above...however I cannot find Chaineys address.

 

Blowing Bubbles do you have it please??

 

 

 

Kate.

Hello Kate

You really should start your own thread. This will get you direct help to your specific situation. I'd like to help anyone whom is in said difficulties, and where they have doorstepped you already.

Whilst you start your own thread, i'll quickly copy in a standard letter here, for you to read over. If you get your own thread i'll review and throw a few more points in there. They really appear to have gone quite a way to subjecting you and your family to phsychological harassment and they are well out of line!!

____________________________________________

Dear XXX

In a direct response to your recent activities / letter, dated xx xxx xxxx, received at this address on xx xxx xxxx. [Delete whichever is not applicable]

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.)

I also caution you here that should you ignore my request on this point, the actions of your representative(s) will happily be recordedeither by CCTV or by telephone recording equipment – whichever is applicable. Accordingly I reserve the right to use any evidence of you or your representatives’ ignoring this request in connection with any actions that I choose to pursue, including media exposure.

Should it be your intention to disregard my wishes, and break your obligations, please be advised that the following rules also apply, as laid down by the OFT in respect of debt collection, and that you, as a holder of a consumer credit license, are obliged to follow:

The areas of the OFT guidance which applies to you in this instance are:

Debt collection visits

2.12 Examples of unfair practices are:

a. not making the purpose of any proposed visit clear, for example, merely stating that collectors or field agents will call is not sufficient

f. visiting or threatening to visit debtors without prior agreement when the debt is deadlocked or disputed

Deceptive and/or unfair methods

2.8 Examples of unfair practices are as follows:

k. not ceasing collection activity whilst investigating a reasonably queried or disputed debt.

I do believe this makes my position clear and unambiguous.

Yours Faithfully

__________________________________________

You should be a bit more comfortable that you have found the right area to assist you though

Halifax have ignored all my cca requests. I have now received notifiaction from Halifax that a represenative will be calling in person to my house on Tuesday. What shall i do

A few questions.....

1. How long has it now been since you requested agreement.
   
2. Presuming it is well beyond the 12(+2) and 30 days on top, have you told them what they are UNABLE to do i.e. enforce the debt, write to you, add charges or interest etc etc??
   

Don't forget to ring the court today:p

Conkers or Bonkers?

Halifax do send postcards (the postcard comes within an envelope)

If you receive one of these, read the words carefully, it actually says "We will call your home", and NOT "we will call at your home"

When i received one of those, i anticipated the text and fell for their little game, and got really excited.

The post card from Halifax is a deliberate ploy to raise your blood temperature, and trigger a call to them.

I imagine that they are churning out many hundreds of these on a daily basis right now, and no bank (or any other organisation for that matter) has the resources to knock at peoples houses. It would be fantastically expensive, and without a court order, it would be hugely risky to do everyone.

Ignore it.

Correct advice

YOUR timescale. NOT THEIRS

Thats for all the responses guys! Really helpful. Should I contact the buyer to give him the opportunity to refund my money before taking it further?

 

Yes - As happy feet states, you should advise the 'buyer' in writing of your intention to issue proceedings should he / she not refund your money. Give them 14 days notice to rectify this. This puts you in the position iof fulfuilling your obligatiosn to seek restitution by reasonable means, and where you will be able to demonstrate that you have made best endeavours to avoid court action.

 

I will keep you posted "IF" i hear back from my complaint.

 

Tunnie

Trust that helps for now. If you go down the court route, we will be able to assist youn in the claim process, which can be done for 40 quid online.

Shame there isn't a 'Dumbies Guide to' they could gen up on;)

Quite. Few years ago when i was apprentice, this 'mentor' used to tell me (when referring to poor performers) "son - you can't polish it" Although i think there were a few more consonants in that statement . Think that rule applies to the para legals we seem to clear up after in this forum.

The FSA has a nice, pretty self explanatory leaflet online, about basic bank accounts:

http://www.moneymadeclear.fsa.gov.uk/pdfs/bank_accounts.pdf

Barclays 'Cash Card Account' and Cooperatives 'Cashminder Account' look pretty good.

Vex