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Halibutt

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Everything posted by Halibutt

  1. If it's the wrong surname on correspondence, you should be able to just send any letters back, marked "Not known at this address". It's true, after all!
  2. Do a site search to learn more. Hit the "Search" button and type in "Credit Resource Solutions" - you'll get some info.
  3. Jason, can you post up a scan or photo of the supposed CCA please? That way, people can tell whether it meets the required criteria or not. I have a feeling that if it did, Halifax wouldn't have sold it on, but rather pursued it with their in-house collectors. If it's genuinely in dispute, you can send Cabot the standard template for an account already in dispute http://www.consumerforums.com/resources/templates-library/86-debt-collectors/574-letter-when-account-has-been-passed-on-whilst-agreement-request-is-in-dispute They're not allowed to pursue it if the dispute claim is valid and ongoing.
  4. Nice one Alf. In that case, Macenzie Hall can quite legally be told to Foxtrot Oscar and return the debt to the OC and await the CCA request to be satisfied
  5. No probs Lexis. I included this info plus more in another thread. A few people gave examples of how easy it is to see other info on PB, Webshots, etc. My point really was that if one can avoid giving any unnecessary info out, then err on the safe side Cheers H.
  6. As for the second post - it simply looks like a simple copy of T&Cs. They need to provide you with a CREDIT AGREEMENT, plus the T&Cs and any related documentation that's referred to in either document - a statement of payments to the account, interest charges levied, administration, etc. as far as I'm aware. As I said, I hope my replies have calmed you down a bit - I'm not an expert - just going from knowledge gained here, but others, including the Site Team will be able to help further - just give them some time and I'm sure you'll get more help later today. Good luck!
  7. My thoughts on the first letter you've quoted: They've said: "I have requested a copy of the original signed application form from the relevant department to comply with your section 60/61 request. You will receive this shortly under separate cover." That means that what they have sent so far is not a valid CCA - there are bits missing that they say they will forward to you when they can find them, so they have not yet complied with the section 60/61 request. "In summary we are not required to produce a copy with your signature on it." - Hmmmm... not from what I've heard here. The 12 +2 working days limit has obviously passed, so maybe the next step is to send the Account In Dispute letter. I'd wait for further advice from other CAG members, but I think I'm right on this one.
  8. Tee Jay - if you've received notification in writing that all collection activity is now on hold due to non-ability to provide a valid CCA, then you should be able to now send the Account In Dispute letter. At the very least, that reminds them of their obligations and that they should not pass the case on to another DCA.
  9. You're not obliged to send Income & Expenditure details unless ordered to do so by a Court. Could you post up the copy of the supposed CCA here please? Remember to remove any personal details - name, address, ref number, bar codes, etc. first. That way, some of the clever people here can tell you if the CCA is actually valid - T&Cs on their own do not constitute a valid CCA. Then people can start to give advice on your best approach to this matter. Keep calm, don't panic, I'm sure further help is on its way
  10. Well done and congratulations. As Alf says, keep that letter safe! I'm not sure that Cabot will sort out your credit record without a little nudge. You may need to contact them and ask for a letter confirming that they have/will remove any default notices from your record. Do it in writing. Then after a couple of weeks, check that it has been done. Good luck!
  11. Just a quick point - if Quick Quid are an American Company, do they have a UK base? If they are providing loans from and within the UK then they should be bound by UK Law and therefore, should respond properly to a CCA request. That would mean that M/H have no power to collect if the account is properly in dispute and they have no option but to return the alleged debt to the original lender. Sounds like M/H have bought a non-enforceable account. The "advice" that Mackenzie Hall gave about an American company would seem to be the main point. We need to know if QQ are bound by UK law, don't we? I'd start by sending the Account Already In Dispute letter: By Royal Mail Recorded Delivery ACCOUNT IN DISPUTE Date: Dear Sir or Madam, Account number: XXXX XXXX XXXX XXXX I am in receipt of your letter dated XXXXX This account is in dispute with **original creditor/DCA** and has been since DATE . Not only is this a breach of the Consumer Protection From Unfair Trading Regulations 2008 in line with the Office Of Fair Trading's debt collection guidelines, but also in breach of the Consumer Credit Act 1974 and Data Protection Act 1998 My previous dispute from **DATE** has NOT been answered. As **original creditor/name of debt collection agency** are now in default of my Consumer Credit Act agreementrequest and have also breached *s10 Data Protection Act request , I consider this account to be in SERIOUS DISPUTE. As you are aware while my Consumer Credit Act request remains in default enforcement action is NOT permitted, under s127 this constitutes a complete defence at law. Consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS. Now I would respectfully suggest that this account is returned to the **original creditor/DCA** for resolution of these defaults and breaches, as **New DCA** cannot lawfully pursue any enforcement activities. If **New DCA** chooses to ignore my dispute and attempt enforcement, I will initiate legal action and file reports with the appropriate authorities, including, but not limited to, Trading Standards, Office of Fair Trading, Information Commissioners Office, Financial Ombudsman Service and possible court action. After taking advice, I am of the opinion that any continued pursuit is in violation of the Consumer Protection From Unfair Trading Regulations 2008 in line with the Office Of Fair Tradings Collection Guidelines I hope that this will not be necessary and an acceptable solution can be accomplished. I would appreciate your due diligence in this matter. I look forward to hearing from you in writing. Yours faithfully PRINT NAME -DO NOT SIGN
  12. Additional info - scroll down a bit and on the left hand side, you'll see a blue button that says "new thread".
  13. It won't matter how many letters they've sent to you. If you have not contacted them by letter, phone, email or in person and have made no payments to the account since 2003 - that's seven years... then the account is statute barred.
  14. You'd know if you'd had Court papers Ronnie. Best thing is to not allow yourself to be intimidated. With the advice and help of people here, you'll be able to ensure that the whole matter is resolved on your terms.
  15. If an Original Creditor or a DCA genuinely believes that they have a proper case in law against you for non payment of proved indebtedness, they can apply for a CCJ. If they do, the Court will send notification papers to you, giving you time to respond and submit a defence, should you intend to do so. Without a Court Order, DCAs are powerless apart from sending intimidating letters, etc.
  16. I'm on medication at the moment and have undergone anger management sessions. If a DCA had turned up on my doorstep a couple of years ago... an English ex-squaddie with a penchant for hitting doorsteppers repeatedly... I'm calm now and I fully support the idea of "Stay calm, polite, etc." Best of luck mate.
  17. Just a quickie - DCAs have checked Photobucket and similar accounts before. Other CAGgers have also posted concerns. My advice is simply to be on the safe side.
  18. Rebel11 - "Together we are strong." I'm sure others will be able to give additional advice too.
  19. You're in the right place already and good advice from Rebel11. Keep a copy of everything you send in writing. Don't sign any letters, simply print your name. Everything by Royal Mail Recorded Delivery - you can track delivery on the Royal Mail website - keep your receipt of posting! I've started adding "By Royal Mail Recorded Delivery" at the top of any of my correspondence - it might make them think for a second or two before trying to bully further as they know you can prove they received your letter(s). If you've written to them, including your new address, they should then direct any correspondence to the address you've quoted. If they don't and continue writing to your Mum's address, that could be included as evidence of harassment and improper practice - grounds for complaint to regulatory authorities. Keep all of their letters and the envelopes they came in. Best of luck and let us know how you get on!
  20. Hi Ronnie, As with any letter to a company, put Phillips' address in the template, but include your own above it on the right hand side. The reference number should be whichever one Phillips quoted when they wrote to you. It's just their way of identifying your account on their system. They may have quoted both a reference number and account number, in which case, you could put this in the reference line: Ref: xxxxxx / Acc No: xxxxx
  21. Looks okay to me Jocko, but do check back later and see if any other Caggers have something to add!
  22. Rocketronnie - don't worry. Most of the DCAs are simply threatmongers. No one can come to your property and remove goods unless a Court has agreed a CCJ against you and you have defaulted on that CCJ. Any bailiff with any power would be Court Appointed and as you don't have a CCJ against you, you can quite happily tell anyone attempting a visit that you've sent the "No visits" letter and that they should leave your property immediately and simply close the door. Stay calm and polite at all times. These threat monkeys are powerless without a Court ruling.
  23. Firstly, don't phone them. Keep everything in writing and by Royal Mail Recorded Delivery. Never sign any letters, just print your name. Presumably your OH admits to you that he does actually owe this money? You need to make sure that Lowell are actually entitled to pursue the alleged debt. You can send them the CCA request letter, enclosing a postal order for £1 as is required to cover costs: Please ammend paragragh 1 to suit. ie s77 Fixed sum credit such as loans, s78 Running account credit such as credit cards & catalogues and s79 Hire agreements. Your Address Date Dear Sir/Madam Re:− Account/Reference Number 4563210025897412 This letter is a formal request pursuant to s.77(1) of the Consumer Credit Act 1974. I require you to provide me with a true copy of the credit agreement relating to the above account, together with any other documentation the Act requires you to provide. I expect you to comply fully and properly with this request, within the statutory time limit. You are reminded that should you fail to comply with my request, the provisions of s.77(6) will apply. (DELETE THIS BELOW IF YOU ARE SENDING THE LETTER TO THE ORIGNAL CREDITOR AS OPPOSED TO A DEBT COLLECTION AGENCY) If it is your view that you are not the creditor, s.175 of the CCA 1974 applies in the case of a simple assignment, and places a duty upon you to pass this request to the creditor. In the case of an absolute assignment, you are a creditor as defined by s.189. If you contend that you purchased the rights but not the duties of any agreement, you are reminded that s.189 of the Act is clear that an assignment is of both rights and duties. Your attention is drawn to ss.5(2), 3(b),6 and 7 of the Consumer Protection from Unfair Trading Regulations 2008 (CPUTR). I enclose a postal order in the sum of £1.00, which is the statutory fee. Note that these funds are not to be used for any other purpose. If you are unable to comply fully and properly with this request, you should confirm this in writing at the earliest opportunity, and certainly within the statutory time limit for compliance, and return the fee. We look forward to hearing from you. Yours faithfully print your name
  24. Send the letter saying you do not acknowledge/recognise the debt: Name/Address: Date: 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 CPUTR 2008 and the Office of Fair Trading's Guidance on debt collection, 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. AND 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 Trading Standards and also inform the Office Of Fair Trading of your actions. I/we look forward to your reply. Yours faithfully You can also send them the no visits letter: Dear Sir or Madam, Account Ref xxxx Please be advised that I will only communicate with you in writing. I have noted your repeated attempts to contact me by telephone over the past few weeks/months and these have been duly logged by time and date. Furthermore, should it be your intention to arrange a “doorstep call”, please be advised that under OFT rules, you can only visit me at my home if you make an appointment and I have no wish to make such 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 & Short Ltd [1959] 2 QB 384 . 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, you will be liable to damages for a tort of trespass and action will be taken, including but not limited to, police attendance. In Scotland change the last paragraph to :- There is only an implied license under Scots Common Law for people to be able to visit me on my property without express permission; the postman and people asking for directions etc. Therefore take note that I revoke license under Common Law for you, or your representatives, to visit me at my property and if you attempt to send such a collector to my home, you will also be reported for harassment and I shall seek damages for a delict of trespass. You would also be liable for conspiring in a delict of trespass by acting in defiance of my instructions and sending someone to visit me nevertheless. Should it be necessary, I will obtain an interdict from the Court to prevent you carrying out your threat. Yours faithfully, Do both by Royal Mail Recorded Delivery and don't sign either - simply print your name at the end.
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