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Hentooth

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About Hentooth

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  1. Yes I do realise they are powerless, but I warned them twice not to call to my door and they did, so I want to Sue them for trespass, does anyone have any advice along those lines?
  2. We recently had a couple of nasty financial hits involving losing our best customer and Universal Credit shafting us, I contacted all our credit cards and explained the problem, all but Aqua where very understanding, Aqua sent the problem immediately to Resolvecall, who threatened a home visit, so I sent them an email with the standard letter as below, but despite using THEIR ref number they insisted that I told them who I was.. I told them politely to bog off and that any calls to the door and I would prosecute for trespass (see email details below). They emailed me back asking me to confirm my details and I again politely told them to bog off and I don't have to confirm anything to them and NOT to attend as per previous emails. Today they dropped a card into my downstairs neighbours door, so not even using the correct address, so I called them and I must admit did not let the guy speak very much and warned him that any other visits would be repulsed using necessary force. I do now wish to prosecute them for trespass, I do know a solicitor, I fix her computer but she is a employment specialist. Does anyone have any suggestions as to where to go, because I do not want this bully company to just start visiting people DAYS after asking for the creditor for help. I DO intend to sue this company and also make it as public as possible, so that these people cannot think they can walk over us. Gary The First Email (C&P / slightly modified from CAG) Dear Resolvecall Your Ref xxx I do not acknowledge any debt to your company. Please be advised that I will only communicate with you in writing. Should it be your intention to arrange any “doorstep calls”, please be advised that under Office of Fair Trading (OFT) rules, you can only visit me at my home if you make an appointment . 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, Sorry second email back to them I don't have to confirm anything, your reference is in the subject, just look it up in your database. Please note any phone calls or texts will be reported to the ICO as I do not wish to communicate with you any way but postal. Any attendance to our home WILL result in prosecution as you will be trespassing
  3. I got a well known credit card company to stop hassling me by emailing the CEO telling him that every time I got and email or letter I would email HIM to tell him. Within DAYS the harassment stopped and I got an apology letter. So maybe everyone who gets mail should do this, a CEO email is easier to find than their home address
  4. Nice one, one up on them is good. I've take to winding DCA's up to the point of breaking, two of them owe my wife £25k and Lowell Owe £10k so far, I know we will never see the money, but I worked them into the same "tick box" type contract that the credit companys use, and one DCA rather than sending me a curt few lines sent me a 2 pager with obvious panic in them.. . I will reveal all when I'm done with dealing with the DCA's, but I have a double edged sword with Lowell, they used my information illegally and I WILL have them over the coals one way or another.. I HATE DCA **** BAGS. [removed]
  5. By contacting me without being sure that I AM the person they are after, as per Conc, see above.. "A firm must not pursue an individual whom the firm knows or believes might not be the borrower or hirer under a credit agreement or a consumer hire agreement. [Note: paragraph 3.5f of DCG]."
  6. Hi Guys, The letter is a phishing one, I have been trying to take Lowell to task over this, I complained about their illegal use of my personal information in June and they are "investigating", but so far even though I have prodded them a few times, I have heard nothing. I contacted the Financial Ombudsman but they can't help because I am not a customer of Lowell so they can't get involved. I thought as it's my personal information can the information commissioner help. .. No it's not a bit of legislation they Police (odd I thought they are there to do just that). I tried the FCA whose website the document is on, and they can't help, if fact told me to go to the Financial Ombudsman. Can anyone steer me in the right direction please? Incidentally and on the side I have 2 DCA's chasing my wife but have got them tied in so many knots, the absolute panic in the last letter I got from one of them made me laugh out loud. I'll post it all in a separate thread when I've done turning the thumbscrews.. . I may well be able to get a DCA set on them and have a go at a CCJ, then send the Bailiffs. . I'll give you all a laugh about that later, you'll love it.
  7. Hi, Sorry for the delay putting up a scan of the letter, been extremely busy, but here finally is the letter. [ATTACH]52431[/ATTACH]
  8. Yup, I will scan and post it up later, have to go to work now. dx100uk My wording was probably misleading, I know Experian don't send DCA's but unless they where sure that I was the person in question they should not have handed out my address and the DCA should not have used it without being sure it was me.. Simple date of birth or looking to see if the address is linked to my address list. There is something wrong with how Experian and the DCA have treated this and I don't see why I have to be at the receiving end, they should NOT have contacted me for ANY reason because I am not the person they are looking for
  9. Thanks Silverfox, I am concerned that my details have been used in relation to whatever debt this person has, the DCA should not be sending letters out to everyone on file that shares my name as clearly shown below. A firm must not pursue an individual whom the firm knows or believes might not be the borrower or hirer under a credit agreement or a consumer hire agreement. [Note: paragraph 3.5f of DCG]. I've just complained to the Financial Ombudsman and also am looking into the Data Protection Commission , my information should NOT be used this way, that is the whole point of the Data Protection Act surely?
  10. Hi, Recently I had a letter from a DCA asking me if I was a person of my name who lived at an address in Rhyl. Apart from the fact I've never been near Rhyl I was concerned that my information as provided by Experian was now linked with this person who shared my name. So I contacted the DCA who assured me that the information was not linked. Which now leads me to the Data Protection Act where a company is not allowed to pass on an individuals information unless they are sure that it is that person. I have checked my Experian Equifax & noddle accounts and Rhyll does not shown in any of them, so how could Experian be sure that the person was me and be confident about sending a DCA to hassle me about somebody elses debt. I am REALLY unhappy about this, I had to about 5 years ago make myself insolvent because I lost my job, but have worked my way back and now have a reasonable credit rating and now have credit cards back again and am managing them perfectly. So to have this random DCA has really had me rattled. What can I do about this, the ICO web site is not really helpful when it comes to complaints. Thanks for reading Gary
  11. Thanks for your comments guys, I have been in constant contact with the council CC'ing my local MP who expressed an interest when I let her know about my 9 month long battle with them over council tax. But I have not raised a formal complaint, so have asked the Chief Executive (or what passes for one now) for the procedure
  12. Hi, I've recently been having a 2 and fro with the council about council tax I didn't owe, I eventually made an agreement with the council and they said they would put a attachment on my JSA, which I was quite happy with and didn't raise any objections. The job centre then refused the attachment order, which unbeknown by me, the council rather than coming back to me, put the debt out to rossendales, from whom we got a letter. I immediately contacted the council and asked them why they had done this rather than coming back to me so we could sort payment another way. They agreed to reclaim the order and agreed to me setting up a standing order. A week or so later possibly a little longer a bailiff knocks at the door and we told him to get lost because they didn't have the order. He called his office, apologised and left. Next thing we know we have a letter telling us if we don't pay £42.50 costs they would re-attend and enforce the court order. I complained to them and the council (twice now) and the council are adamant that they have the court order and they are happy with the current agreement, but Rossendales keep sending us letters saying "we are investigating this matter" and sending more and more aggressive letters. I have made it clear to the council and the bailiff company that I do not feel this is part of the original court order and that they should take me to small claims court, but I seem to be banging my head against the wall with them. Anybody have any ideas
  13. I thought I'd let you guys know the latest. Me and the council have come to an agreement, they have reduced the amount I have to pay and have taken it back from the Bailiff company. I have agreed to pay £3.55 per week, which I can live with. The way I managed to swing this in the end is I complained to the Chief Executive and also got my MP involved. The council claimed to have left me a voice mail giving me a hearing date, but the only voice mail I had from them was "call to discuss my council tax". I did point out that it would have been better to have followed this up with a letter or email.. I have actually had a lot of problems with my voice mail including getting a womans voice mail instead of mine (and her calls) for 2 days and for 2 weeks the mail box was corrupted and my network provider had to delete it and make a new one. But I'm happy enough with the outcome, I don't object to paying council tax, on the whole my local council actually do a good job, it was their collection methods I didn't agree with.
  14. Don't worry the bailiffs will be wasting their time! Has anyone else on here had the £100 summons letter and did you try to defend yourself? I am also refusing to pay the outstanding balance of £28.85 so that they HAVE to take me back to court even if it's for committal proceedings, at least then I get the chance to defend myself
  15. Hi, I could do with a bit of advice about councils and liability orders. Basically my local council last September recalculated my council tax and it went from me owing £40 to owing nearly £1000, which being on a low income I had no chance of paying by april. I got the usual summons letter in November and attended the court, to find them not is session, in fact we had to go to the basement and talk to a council employee, for which we where charged £100 I had turned up with all the paperwork I felt I needed for my day in court, so asked the council lady when we would see the magistrate. She told me that I would only see the magistrate if I disputed the amount. I them made it very clear that I did dispute the amount and that I wanted to defend this in court. She then insisted we make a payment agreement, which we didn't want to do, but she said we couldn't progress unless we did. Before leaving I asked again when we would see the magistrate, and was told I would get a letter in a few days. A few days later we did get a letter with the words "As you are aware we have obtained a liability order". So they never gave me a chance to defend my corner. Since then December I became unemployed so the council tax was recalculated to £38.85, which we where very happy about, until 3 weeks ago we got a letter from a bailiff company chasing £319. I have emailed the council several times, but they keep avoiding answering my question as to why I didn't get a chance to defend myself in court and avoiding the fact that I keep asking for it to go back to court. Was this a infringement of my rights? Surely I should have been given the chance to defend myself? Thanks for reading
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