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Everything posted by Shanks

  1. Hi kregrs, BT are a right royal pita. Unfortunately i havn't got much to add to what I've already posted. If all previous bils have been collected without issue via the automated system system then i can see no earthly reason why they shoud be so objectionable now. I have just checked and our last bill came in dated the 9th August, it asked for payment by 20th August and today (25th) we had the standard telephone message left on our voicemail asking for us to ring them. Previous experience tells me that as long as I make payment in the next few days nothing untoward will happen, no threats, no cut offs, no grief. I would point out that we refuse to pay by DD, and i also appreciate that they have got much faster at chasing nonpayment. Not long ago you got almost 6/8 weeks to pay after the bill was issued. Now if you don't pay almost immediately they fine you or threaten disconnection. They must be raking it in over the summer holidays when some people may not see their bill until they return from a break. I can only think you have ended up speaking with one of particularly ignorant phone monkeys they have in 'Customer Services'. Try calling them again and making reference to the above T&C and see how you fare this time. Cheers
  2. tbh as dreadful as that sounds I am not surprised at the appalling level of customer care from this company, it has just become the standard I expect from them. However, looking at their terms and conditions found here: BT.com | Personal | Terms & Conditions 9. If you do not pay your bill, we will send you a reminder or call you. If we do not receive payment within 10 calendar days of the date of that reminder (seven days if you pay monthly), we may add a late payment charge of £7.50 to your next bill. We may also charge you £10 for any direct debit or cheque payments which are returned to us because you do not have enough funds in your account. 10. We will generally not suspend or end the service or the agreement until 28 days after your payment was due (21 days if you pay monthly), unless the service terms or the price terms say otherwise. However, sometimes we may take this action earlier. For example, we may do this if you have not paid a recent bill. It's not very clear from your post whether you are now two bills outstanding or just the last one, so I guess you can interpret whether the last sentence applies but whatever it still sounds like poor customer relations. I would try contacting them and quote this to them and see what response you get. Cheers
  3. By taking the suggested approach Moorcroft will never be paid those charges or any interest that they have added to this uneforceable debt. They stand to lose entirely on this account, in doing so it might make them a bit more careful to check the paperwork in the future before harrassing people. As for not repaying the debt at all, well that is for each individual to decide. I have been on the wrong end of Moorcroft and others DCA's in the past so fully appreciate the distress they cause families. But at the heart of it, and I can only speak for myself here, I don't think that the purpose of this site is to enable people to get out of paying debts that they owe. It is more about giving the individual the knowledge and support to allow them to get control of their affairs, and let them negotiate a repayment schedule which is realistic and achievable, without the constant worry of unscrupulous DCAs phoning, writing and threatening to visit and remove goods etc. Cheers
  4. Hi A6er ( sorry I can't think of aything that will rhyme with that!) My advise, and I am sure that someone else will be along shortly to correct me if I'm wrong, is that you could now ingore Moorcroft completely. Include a paragraph in your letter to Argos that states you are only prepared to deal with them from now on and that you would be grateful for confirmation that they have instructed Moorcroft not to contact you again concerning this matter. Now that you have regained control of the situation, if Argos want the money back then they really have no choice but to accept payment on your terms. They will know by this stage that you are aware of your rights, and I am sure that with the prospect of you willingly repaying the outstanding amount without further issue that they will accommodate your request. Cheers
  5. Is this an old account? I ask because i could only find this thread which states that NDR Ltd went into liquidation last year! Perhaps they have risen under another name JustClaim :: View topic - Bankruptcy Cheers Edit/ Just read more on this post and there is reference to both National Debt Recovery and a Network Debt Recovery company but as all other posts just refer to NDR I cannot tell which is no longer still running as a company
  6. As far as I can see , this now basically comes down to your own moral judgement. Without the correct documentation all Argos can legally do is ask politely for you to repay them. The debt in unenforcable and therefore no-one can make you repay the money. Your decision is whether you feel that as you have received the goods and don't dispute this then are you be happy walking away from it? fwiw I would suggest you write to Argos. Ask them for a total figure outstanding and a breakdown of how this figure was achieved. Once you have this write back and be very clear that you understand the debt is unenforcable and so whilst you are prepared to make payments in order to see the debt settled: a) you will not pay any of the charges added by the DCA b) you would like any interest to be frozen so that the money you pay actually clears the debt and dosent get swallowed by additional charges, interest etc. c) that you will not jeopardise arrangments with other creditors if you have them or existing commitments such as utilities, rent, mortgage etc. You mention that you have already written out a income/expenditure sheet so give them a copy and make your offer of £20 pcm if that is what you can afford. Looking further ahead, make sure you keep up the payments and then if you are able to in the future write to them and ask if they will accept a settlement figure. You may be surprised what they will accept in order to clear the debt early. Good luck
  7. Very fair comment lolly371, there is clearly a moral issue to be considered here and in a lot of the topics discussed on this board. I certainly don't want to appear to be of the opinion that we should always strive to avoid payment at any opportunity of due debts. However I am acutely aware of the immoral and sometimes borderline illegal methods that some of these DCAs and other agencies use to extract money from people who simply cannot afford to repay the amount requested. In some of those cases it may be beneficial to demonstrate and remind the company involved that some polite and reasonable negotiation would be a better approach to take otherwise they may lose the lot, even if it is your intention to settle the debt. Cheers
  8. Hi Wobbles1914, I would have thought that if they cannot supply the requested agreements then the debt becomes unenforcable and if so, no settlement payment wil be necessary. I would also question if this is the case that they should, although probably not without arguement, remove the default anyway. This post has some interesting information on this topic. http://www.consumeractiongroup.co.uk/forum/word-banks/9349-removal-default-notices-credit.html?highlight=remove+default Whatever happens, if you do go for a f/f settlement take MM's advise and start much lower than 75%. I took this option on a few debts a while ago and never paid more than 50% of the outstanding amount on any of them. Good luck
  9. And thanks for making me , I almost spilt my coffe when i saw the reason you gave for editing your last post
  10. Hi ScarletPimpernel and thanks for the effort you have put into this for me. It sounds as if these are the 'parasites' concerned. They do list Debenhams as one of their clients and we have had two letters so far. The first offering "a final opportunity to resolve this debt". Despite this being the first we have heard about if for three years. They then went on in this letter to say they were "prepared to offer a settlement of 80%" in order to close the matter. If no payment was made then it "may result in our client referring the matter for legal action" The second letter basically says either pay the full amount or we will have no other option other than to consider legal action. Funny how it is almost word for word from the text on that web site and yet there is no mention of the RLP name. I am sure that these companies play games with parent and subsiduary company names, probably staffed by monkeys all based in the same office, in the hope that it causes those not able to fight to just pay and not argue Cheers
  11. Thanks ScarletPimpernel. Neither at any time before this incident or since has my neice been involved with the police regarding any matters like this. When they got the first letter recently, they contacted the Security Section at the Debenhams store concerned. It was the only incident they could think of that could posibly be related. It was these people, that confirmed that it was Debenhams and in particular that is was this incident that they were being asked to pay for. The security operator they spoke to was helpful, and even went so far as to say that he couldn't believe they were chasing this after so long and especially when my neice was cleared of all involvment. Unfortunately he could offer no practical help. I love the tone of your suggested letter. My letter will be sent tomorrow and I will post back here with any response that we get. Cheers
  12. Thanks pmhcfc, The last letter I have is dated 2nd August 2007 and is on RMA headed paper. Is this legal or does it give me any additional grounds to argue with them as they are communicating using a non existant company's name? Cheers
  13. Hi all and thanks for the responses I share all the concerns about using a fee charging company like HL, it was my first reaction when they approached me for help this weekend over a couple of matters. I had planned talking to them about asking the National Debt Helpline to see if they could take over the account or refer them to a 'no-fee' company who could help. The way HL have 'helped' in this matter imo is appalling. But I wanted to get this urgent matter dealt with first and stop the phone calls. Then we can sit down and plan the best course of action for them to go forward - no doubt with some help from this site. The DCA concerned is a company called RMA based in Preston. I am surprised they're not mentioned on here more. They have no postal address on their letters and when I called them to ask what it was two people hung up on me before a third finally agreed to give the information. I only asked for the postal address... unbelievable. Cheers
  14. Thank you both very much for taking the time to respond. I have added the bit about the crime number and changed the last section to read... I would be grateful if you will confirm for me in writing within 7 days of the date of this letter that settlement of this alleged debt is not due and that you have contacted JB Debt Recovery advising them to cease any further recovery action. Should I not receive your confirmation of the above and an apology from yourselves for the distress caused to Sara by this matter. I shall make a counterclaim that any action taken against my daughter is vexatious in its nature, and I shall be seeking compensation for defamation. I will also not hesitate to contact the press with full details of the way you have dealt with this matter.
  15. Hi all, some members of my family were in financial trouble a while ago. But they faced up to it and made a debt consolidation arrangment with a company Hamilton Locke. Since then payments have been made regularly to HL and all the creditors are being paid off according to the agreed shedule. But they are still recieving threatening letters and constant phone calls from a DCA in respect of a debt owed to Barclaycard. the debt was included in the consolidation arrangments and is being paid off, this has been confirmed by HL. We spoke to HL about it and they just said, "oh that lot, yeah they are nasty. Just ignore them and send any letter on to us" The problem is they don't write they just keep phoning. I have drafted the letter below (shamelessly lifted in parts from posts on this site!) in an attempt to stop this. Is there anything else I should do? or do you have any comments about the contents of the letter. I am particularly interested to know if the OFCOM bit is correct as they have no land line so the DCA calls thier mobile number. Does OFCOM cover all telephone communications? Thanks for any help offered. Dear Sir/Madam Re: Ref - ****** Despite my many requests that you do not contact me concerning this debt, you continue to send letters and frequently telephone me in an attempt to receive payment. This debt is being dealt with by the debt management company Hamilton Locke. Payments are regularly being made to Barclaycard and they are satisfied with the arrangements that are in place. I advise you contact Barclaycard direct who will confirm this. Harassment Warning: Warning: Protection form Harassment Act 1997 Warning; Administration of Justice Act 1970, s40 Warning: Communications Act 2003 s.127 I am of the view that your continued harassment of me by telephone puts you in breach of Section 40 of the Administration of Justice Act 1970, and the Protection from Harassment Act 1997. If you continue to harass me by telephone, you will also be in breach of the Communications Act (2003) s.127 and I will report you to OFCOM, Trading Standards and The Office of Fair Trading, meaning you may be liable to a substantial fine. Should you wish to continue attempted recovery of this alleged debt can I suggest you proceed straight to court action? I will defend any such action vigorously and will provide documented evidence that agreement has been reached with Barclaycard and that payments are regularly being made to settle this debt. Please confirm in writing yourresponse to this letter.
  16. Hi there, I have put together the following as a response to these people but would be grateful for any comments or suggestions. Dear Sir/Madam Re: Retail Loss Prevention vs ******* On the 6th December 2004 my daughter ***** was detained outside your store in The Bridges, Sunderland and accused by store security staff of shoplifting. The Police were called and she was taken to the local police station. The actual event which led to this point were as follows: she was in the store when she met a girl she knew from her local area. The girl asked her to help carry some bags and they left the shop. It transpired that the girl was concealing a number of stolen items and some of these goods were in the bags held by my daughter. She was completely unaware of this fact, and it was only when she was stopped that she realised her mistake in responding to the request to help this girl. Her position and the actions she took were explained to your security staff and to the Police. Later at the police station CCTV footage was produced which clearly proved that her version of events was true. Store staff agreed and the police released her without charge, caution or reprimand. As far as we are aware the other girl was then charged and prosecuted for theft. We were surprised to receive a letter from yourselves a few weeks after the incident, stating that **** was not to enter any of your stores in the future. But apart from this, we have heard nothing more from you or any of your agents regarding this matter. This month we have received two letters from JB Debt Recovery pursuing an alleged debt of £139.97. Their reference number is 3589751. I have contacted them and they have advised me that is amount is in respect of the costs incurred in December 2004 relating to the above incident. Given that it was agreed by both your security staff and the Police at the time, that my daughter was innocent of any wrongdoing, and that we have heard nothing about this for the last three years. I would be grateful if you will confirm for me that this alleged debt is not in fact owed, and that you have contacted JB Debt Recovery advising them to cease any further recovery action. I look forward to your response. Yours sincerely Should I mention harrassment or vexatious litigation at this point, or should I see how they respond first? Thanks again for all the help.
  17. Thanks MrMarmite, I am waiting to hear from the family tomorrow with the specific details like dates etc. Then I will post up a draft response and will be very grateful for any suggestions put forward for improvng the contents. Cheers
  18. Thanks everyone for the comments, they have certainly helped a very worried family. I particularly love the 'vexatious litigation' part Cheers
  19. Thanks MrMarmite, I will draft a letter today and hopefully this will be the end of it. I will post back to the forum to let people know how it turns out. Thank for the help
  20. That's great news, thanks Rory32 I will get a letter of to them today and see what they say. Cheers
  21. Hi Rory32, and thanks for the swift response. Is the debt and consequently our argument not with the DCA rather than with Debenhams as they have now passed it on. Can Debenhams now cancel the action taken be the DCA? Cheers
  22. INTRO EDIT Have moved this thread here as a stickie for all to read.Its an old thread but shows by each step how RLP engaged debt collectors,and following pressures from the OP finally caved in. It also highlights one or two new bits of information. Hopefully it will inspire members who are here seeking guidance in dealing with RLP-and if you are contacted by JB Debt collection those too.Since the thread was live-additional consumer protection and changes in debt collection guidance has been implemented. Hi and apologies for the long post... Three years ago my neice, then aged 17, was walking out of Debenhams when she bumped into a girl she knew vaguely from her school. This girl asked her to help carry some bags and they both went out of the store. As soon as they got outside store security guards stopped them and accused them both of shoplifting. It turned out that the girl had about £500 of stolen clothing and other items and some of this was in the bag she had passed on to my neice. The police were called and they were taken to the local station. My neice explained to both the security guards and the police what had happened and luckily they were able to watch some CCTV footage which showed that she was telling the truth. The police and store staff were satisfied with her version of events and she was released without any charges or caution. The other girl as far as we know was then prosecuted for the theft. Nothing more was heard from anyone until a month a go when a letter was received from a Debt Collection Agency stating that thay have made many requests for settlement of the debt and would shortly be taking further action to recover the owed amount. They are claiming a debt of £140 is owed which they say is due to the costs of the security staff involved in the detention and subsequent arrest of my neice. Unfortunately my neice's family ignored the letter and did nothing. They have now received another letter saying that the DCA are prepared to accept 80% of the debt in order to close the matter but will be taking other action if no offer or payment is made. They have now come to me asking for advice and hence my post here. I have initially suggested that they write to the DCA, stating that they dispute the debt and they have recieved no other communication other than the two recent letters. I also suggested that they ask for full details of the alledged debt and copies of all letters that have been sent. Is there anything else that we should do at this stage and has anyone got any suggestions for the best way to proceed with this? Thanks in advance.
  23. If you do get someone who manages to book for this hotel then I think your answer lies in the above. ABTA's web site states that any pre-departure problems should be sorted by your travel agent but they do offer this... Sounds like it would be worth a call to them to see if they can do anything for you. Cheers
  24. An interesting thought but I don't think it would make any difference. We may have complained that we thought tha charges were exhorbitant in years past (I know I did and even managed to get a few of them reveersed as a good will gesteure). But imo the claim here is that we did not know that they were 'unlawful'. Had we thought that at the time we would have made the same issue of it then as we are now. Either way I'm still sure the banks will not want to risk this at court level. But and it is a big but, if this movement grows at the rate it has so far and now everyone starts to claim back as far as they can I don't know how the banks will deal with it. Interesting times ahead I think. Cheers
  25. Well, I pushed it http://www.consumeractiongroup.co.uk/forum/other-institutions/18630-pushing-6-year-claim.html#post164823 on the basis of 'in for a penny....' and for the moment at least my bank would appear to prefer to settle out of court on this 'for matters of commercial expediancy' of course. Good luck to anyone else who takes this route, although I am sure you won't need it Cheers
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