Seems I will do a little digging over the hols and proper a suitable reply for them. Thanks to all Ill keep you informed on my progress

Kept all correspondence. Direct Legal made the offer but didn’t acknowledge the receipt of payment but I have proof that the cheque was cashed and have hear nothing since from them until Rox. Gave them the details and not heard from anyone since until today. Same envelope a letter from 3G saying they have sold the debt and Lowlife asking for the money.

Some background. Years ago I took out a contract with 3G for a contract phone in 2006. I wanted to terminate the contract due to a change in circumstances. After some negotiation with Roxburghe (UK) Ltd (collection agency) and later Direct Legal & Collections, strangely at yearly intervals we agreed a settlement of 50% discount which I paid. But the yearly merry-go-round carried on for a few more years. Today I have a letter (and several calls) from Lowlife demanding £64.87 for outstanding charges and line (mobile ?) rental plus early termination fee of £83.23 total £148.10. Suggestions on how to end the merry-go-round please because it just keeps on passing round and feel the need for closure.

Yep we had a door to door collection agent to a friend of ours. Told him the reason why he should not be here in the first place and the fact he was on private property and to bu**er off. He tried to reason with me but I guess he thought it to be a pointless exercise when I began to call the police while not discussing it further plus my son was taking photos of him and the car he was driving. Not heard anything since. :D:D

Signed.

My friend received this :- http://i652.photobucket.com/albums/uu247/Merganser/edited.jpg any thoughts on a suitable reply please. My initial thought would be to refute their thought that they have provided a copy of the agreement which they sent a copy of the application form. second is data processing and the defaults most important is the acrewing of further interest even though on the face of is they at this time cannot collect on the dept.

My friend received a reply mid last week she said they have sent it and Ill have to pay. As she was quite upset I asked if she wouldn’t mine if I could see it and found it to be an application form so Mon they will receive an account in dispute letter. Not sure what happens to the statutory notice now ??

Discussed this with her and her opinion (right or wrong) is with no assets she has nothing to offer except a token payment therefore if they want to petition for bankruptcy that’s up to them. She thinks that they cannot make her bankrupt as you have to sign the petition and the fact it costs as she has not money to pay for bankruptcy. As she has no/little future (true) there is little they could do to her. My question is this flawed thinking and what argument should I put to her to fight/defend this action.

Have a friend who has a debt problem with a few debt companies chasing her, she asked for my help and I was happy to do so but she wanted she wanted to deal with them one at a time fair enough. We dealt with the first one as they failed to provide a CCA request and heard nothing since. But before the next one (I am not privy to how many she has) she received a statutory notice from Capquest. The story as I understand it is that its from a credit card which she has been paying until has became seriously ill, they agreed to a lower payment and the debt was passed to Crapquest. Managed for some time (years she says) no problems, she paid what she could on a budget but as the norm they keep asking for more but they have becoming more aggressive recently refusing her payment. Then last week she received the statutory notice, on Friday I gave her a CCA letter which she sent by recorded delivery. Interestingly she is on incapacity benefit and lives in furnished rented accommodation (me and my Mrs) and no assets or savings of any kind. On that premise she says she is not bothered by the statutory notice as they can’t touch her incapacity benefit and nothing of value they can take off her. Thoughts ladies and gentlemen please.

It’s a year of harassment from whom ever is pulling strings, either Hutchinson owns it therefore despite being paid full and final wont accept the offer by their agent so now want the difference by putting it to different DCA’s or they are selling the debt to each other to see if they can collect. I wanted resolution having paid the debt but now erring to the side of retribution for the injustice of the system and so call due process.

I am curious to know who owns the debt so that would be Hutchinson who so far have been pulling the strings of the DCA’s. I am curious to know if the have a duty to ensure that the debt is viable because the current DCA must have seen the evidence that I do not so hiding behind a blanket of I’m just doing what I am told so are denying responsibility?

I would like some advice from the forum on the best way to proceed, but first some background my now feelings of frustration. In 2006 I took out a contract with Hutchinson 3G mobile UK Ltd a few months later found myself in financial difficulty and attempted to cancel the contract. I offered the ubiquitous £2 offer equal to other creditors at the time. Then in Dec 2006 got a settlement offer of half the amount outstanding which I paid and thought that the end. Aug 07 letter from Roxburghe Debt Collectors pay or else, wrote back thought end, same again Aug 07 saying I failed to respond in a satisfactory manor. Sent letter denying the debt. Oct 07 letter from their solicitors Graham White (I know, I know same office ploy) so I SAR Hutchinson to see whats what, sure enough on notes 3/01/07 quote ‘ ltr from d encl chq for £**.** - acct closed ‘. So wrote letter again GW and suggested if they are unhappy then we proceed to court as final settlement means just that. And finally to date a letter from S.R.J. Debt etc suggesting a visit so I phoned for an appointment guess what met with how are you going to pay no we are not authorising a visit. Explained again so agreed to send copies thought end. They wrote again threatening litigation called this time to see if I could glean some info to decide best way forward. SRJ deny they own the debt and acting on behalf of Hutchinson, they did pass on correspondence to Hutchinson, that instructed SRJ to collect outstanding balance. Told them flatly I will not pay and now consider the matter as harassment which he responded as he had a right to call on an outstanding debt at least once a day I said I debt I don’t owe therefore it would be a matter for the courts to decide which will be my next course of action/ Promised to call back later in the day …… not. Any thoughts when they call/write again or should I take proactive action and against whom DCA or Hutchinson.

But that’s what I was thinking. As the overdraft was converted without consent then there is no credit agreement in writing. She has confirmed that this is the case that she has not signed or been presented with anything in writing from any creditors or DCA’s.

A friend of mine in 1996 had difficulties with her overdraft, so they converted it to an unsecured personal loan without her agreement. In 1997 she became ill and unable to work so made an arrangement to pay £2 pm from her disability and incapacity. It has been passed to several DCA’s over time the current being ‘Aktiv Kapital (UK) Ltd. Each of which were unsuccessful to increase the amount she pays because of her circumstances. In Dec 2008 they offered a settlement for £100 to clear the debt. She said that she was happy with the current arrangement. But in Feb 2009 they asked for payment in full or court action, they refused and to accept her payments. This April they asked if she paid £1 pm this would stop the court action to which she has agreed to and this is the current arrangements. Question is; is the debt enforceable in light that it is now in excess of 10 years and with each letter they continue to add interest and charges which over time has increased the original debt by £2000.

As far as I an aware their letter, that is the debt collection agency is the first letter, it is the wording ‘As we have not received a satisfactory response to our prior requests etc, etc’. Although it seems in my little experience they start their first letter like this to illicit a response but they do quote an invoice number so I am inclined to believe my former employer has sent one. Should I indicate to the collection agency that I will approach my former employer for a copy of this letter and deal with that accordingly or the agency? If I deal with the employer I should be able to request copies of the internal letters i.e. the managers letter to the accounts dept with the date he completed it, this might shed some light as to how the overpayment happened. No I didn’t send a timesheet for the extra days they say Iv been overpaid, the error is theirs, assuming I have been overpaid that is.