Jump to content

Pinky69

Registered Users

Change your profile picture
  • Posts

    5,269
  • Joined

  • Last visited

  • Days Won

    4

Everything posted by Pinky69

  1. There's no template but your outline is fine. To give it a bit of weight, I would add that this information is required in accordance with the OFT's guidelines.
  2. You will not get a copy of the DN - they do them on templates and don't keep copies - but there should be a note on the transaction history if one was sent. If there isn't, they didn't send one.
  3. I wouldn't send it to the original creditor. Why should Wescot get away with evading their lawful duty? They get the copy as the creditor's agent. As you have made the request and they didn't reply with it, I would put the account in dispute as soon as the 12+2 days is up.
  4. A poster has just posted that Lowell has totally ignored his letters and passed a debt in dispute to Muck Hall, the lowest of the low. That says it all.
  5. Helped my friend complete the FSCS claim form today and it goes off tomorrow. So now all she can so is wait. There were 8 breaches of FSA rules on mortgage advising and arranging so now she will have to wait to see if FSCS put the firm in default (ceased trading in 2006). Fingers crossed!
  6. This is not going to happen quickly. I assume costs were awarded by the court. You need to go back to court and apply for an Enforcement order. The court will advise you on the correct application for your case. Ask them about the costs of enforcement and how you get these reimbursed.
  7. As I said, if they do try to make a claim, it is easily defended. I got mine 4 months ago but it is irrelevant to me because I live in Scotland and they can't touch me under Scots Law. They have to submit an original agreement here at the time of raising an action and they don't have one. I agree with you that they seem to be increasing their losses by pursuing anything and losing more money as a result, always a sign of desperation.
  8. Main article: Legal professional privilege in England and Wales In England and Wales, the rules on legal professional privilege are set out in common law. The Civil Procedure Rules 1998 ('CPR') Rule 31.15 establishes a right to inspect documents in civil litigation, and provide that a party to whom a document has been disclosed (ie. mentioned or relied upon in litigation) has a right to inspect that document (if such inspection would be proportionate given the nature of the case) - except where the party making disclosure has the right to withhold such inspection. One of these rights is legal professional privilege. It is a privilege that attaches to the client (not to the lawyer) in a client-lawyer relationship. It may only, therefore, be waived by the client. In the law of England and Wales, legal professional privilege is divided into two types: advice privilege, and litigation privilege, the former category being more absolutely and broadly-defined than the latter.
  9. Capquest just try to keep up the pressure. This is the usual response from a DCA which knows it can do nothing legally. It says it "may" do this and it "may" do that. IF CrapQuest had anything they could move forward with legally, they would have done so long before now.
  10. I didn't bother Molly - you would be wasting your time. After I told them the account had been unlawfully rescinded I ignored them. It went to 2 DCAs then I never heard about it again. There are defaults on my credit records which are currently with the ICO, where there is quite a backlog. However, the entries don't bother me as I won't be applying for credit.
  11. Absolutely correct - the agreement has been rescinded and now all they can claim are the arrears. They did it to me too. They don't realise what they have done because they don't know one thing about consumer law - I have some spectacularly stupid letters form them. Your dispute is now that the agreement has been rescinded - and don't tell them they can ask for arrears. They don't know that either.
  12. The solicitors will only pass details of the account to the new agency. They do not have to send you the instructions they received from the lender or any of the correspondence between them and the lender on the grounds of client confidentiality.
  13. I don't dislike them - I hate them for all their evil. And my hatred for them doesn't cloud things. I am perfectly clear that I want each and every one of them to come to a very sticky end. Have you been threatened to have your children taken away from you because you couldn't pay a debt Mrs Debts? Thought not - and there are thousands and thousands of examples of pure evil just like that.
  14. I will be joining you fatboy. I won't be a member of a site that allows DCAs to exploit posters.
  15. Yes it is. What they must have on all stationery is their Company Registered Address, Registered Number and the fact that they are a Limited company (Companies Act 1985).
  16. Lowells don't want to help us. They want to help themselves. They lost £15 million last year.
  17. Our apologies Moomoo. Send the Leeds Losers this: Dear Sir/Madam You have contacted me/us regarding the account with the above reference number, which you claim is owed by myself/ourselves. I/we would point out that I/we have no knowledge of any such debt being owed to (insert company name). I am/we are 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/we 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/we would ask that no further contact be made concerning the above account unless you can provide evidence as to my/our liability for the debt in question. I/we 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/we look forward to your reply. Yours faithfully and this: CC. Office of Fair Trading. (by email) Dear Sirs. I refer to your letter dated May 2010 . The contents of which are noted. You have contacted me regarding the ###### with the above reference number, which you claim is owed by myself. I would point out that I have no knowledge of any such debt being owed to yourselves. 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. In the event that you intend arrange a Doorstep call by your Employees or your Agents, please be advised that under OFT Rules, you can only visit me at my home if you make an appointment and I have absolutely no wish to make an appointment with you. There is no need, as written communication is quite acceptable in Law. Please note, there is only an implied license under Common Law for people to be able to visit me on my property without express permission; the postman and people asking for directions (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 your Employees, or your Agents 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 Civil Action will be taken. The Police will also be called." and send them to their Complaints Department or they will just ignore them. If anyone does come to the door, tell them they have 30 seconds to get off your property or you will call the police. Don't speak to them on the phone - ever - and ignore anyone who comes on this site representing the company. They are bad news.
  18. I posted a reply on the wrong thread!!
  19. Our apologies Mamoo. Send the Leeds Losers this: Dear Sir/Madam You have contacted me/us regarding the account with the above reference number, which you claim is owed by myself/ourselves. I/we would point out that I/we have no knowledge of any such debt being owed to (insert company name). I am/we are 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/we 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/we would ask that no further contact be made concerning the above account unless you can provide evidence as to my/our liability for the debt in question. I/we 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/we look forward to your reply. Yours faithfully and this: CC. Office of Fair Trading. (by email) Dear Sirs. I refer to your letter dated May 2010 . The contents of which are noted. You have contacted me regarding the ###### with the above reference number, which you claim is owed by myself. I would point out that I have no knowledge of any such debt being owed to yourselves. 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. In the event that you intend arrange a Doorstep call by your Employees or your Agents, please be advised that under OFT Rules, you can only visit me at my home if you make an appointment and I have absolutely no wish to make an appointment with you. There is no need, as written communication is quite acceptable in Law. Please note, there is only an implied license under Common Law for people to be able to visit me on my property without express permission; the postman and people asking for directions (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 your Employees, or your Agents 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 Civil Action will be taken. The Police will also be called." and send them to their Complaints Department or they will just ignore them. If anyone does come to the door, tell them they have 30 seconds to get off your property or you will call the police. Don't speak to them on the phone - ever - and ignore anyone who comes on this site representing the company. They are bad news.
  20. Oh, they have just realised it now that they are going down the tubes? Why didn't they realise it before? Where did this new-found concern for humanity come from? From dropping profits, that's where. If they were doing well they wouldn't be anywhere near here slithering in to speak to the people whom last week they bullied and abused and for exactly the same end - to wring money they are not entitled to out of people they have already terrified. Wake up and smell the coffee and see this for what it is. I cannot be a hypocrite and watch this happening to people I have tried to protect from these cretins. This is not Lee Vodafone trying to help with a phone bill or the useless Colin at Scottish Power trying to help and doing nothing - this is DCAs coming in to manipulate posters and it is is happening before our very eyes.
  21. I doubt it very much and if CAG is going to host DCAS, the very people whose bullying, aggression and threats to terrify - it was a DCA which drove Beryl Bainbridge to suicide - have led people here looking for help, then I am off. It leaves vulnerable posters open to underhanded tactics to get money from them - the very people they came here to escape - and defeats the whole purpose of CAG.
  22. I think they will probably negotiate with you. Don't speak to them on the phone. Do everything in writing and keep a file of it so you have proof of what was agreed. Also, like all agencies, they can be abusive to put pressurise you to pay more than you can afford. You decide what you pay - not them. Decide what you can afford then stick to it.
×
×
  • Create New...