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.

Not sure this is in the right place but here goes. My past employer has sent a letter saying they have overpaid me to the tune of £450 on my final salary and now are asking for it back via a debt collection agency. They say my previous employer wrote to me but I failed to respond. It is now 1 year and 4 months after leaving. I phoned my previous employer they admitted verbally the overpayment was because my manager notified them late. But say I now have to deal with the collection agency. Would it be worth perusing a request for evidence that I owe this money and a copy of letters such as the one notifying the finance department of termination of employment as signed my the manager to see if the overpayment was his fault therefore his responsibility? Advice please.

Telephone then as soon as is practical (local number on the back of your booklet) to rearrange you’re signing time. Providing you do this you won’t loose any entitlements even if it’s after the date of signing. Failure to let them know may do, it’s yours not their responsibility.

If I were to obtain a copy of the cheque that would only show that I made a payment. How would that show a settlement. The evidence would be the Telemessage by DL&C which is now in the file with Hutchinson. I am still puzzled the DL&C do not hold any records of me. Would you think this is worth pursuing or settling as it’s the principal that is the issue with me. Landy

Just a thought, if the file was sent back to Hutchinson they would have all the correspondence from the DCA. Are phone companies subject to a SARS and would this reveal the information i.e. the letters, replies and agreement for final settlement offer by the DCA. Landy

I am about to pen a letter to Legal Direct & Collections, the story starts with a disputed debt with Hutchinson 3G UK phone company who would not terminate a contract and dept incurred. It was passed to ‘LD&C’ sars issued etc. On December 15th 06 I had a Telemessage from LD&C with a settlement offer of 50% discount against the debt, I agreed and sent a cheque for said amount. Nothing has been heard from LD&C since. Around June the Mrs suggested we disposed of all the statements I agreed unwittingly throwing out all correspondence as well except for my letters to them saved on the computer. Last day in August letter from Roxburghe demanding the remainder of the debt. I’ve called Hutchinson who suggested I contact LD&C. LD&C say they must have transferred the file back to Hutchinson because they cannot trace any record of me by my post code, DOB or their reference number and say they have removed my account from their system. Help please to find some record of the Telemessage which will prove my settlement offer as genuine. Landy

Advisable you reply to each letter sent this will show the court that you are willing to negotiate if it gets that far.

They filed their defence on the day by fax to the courts, then the court sent a snail mail informing me which took couple of days. The court sent the copy of the defence to me. If the court doesn’t get the QA on time the judge orders they file by XX/XX/XX it was another three working days plus W/E and a bank holiday 6 days in total. Hope this helps Landy

In my case DG solicitors did file a defence at the last minute, they also failed to submit their question allocation in time, the presiding Judge said they have until today to submit it, I’m on a hot tin roof, if they don’t file I win by default. Anyway reading from other posts there doesn’t see any logic as to how they conduct their affairs, sorry no help only some insight. Landy

Pleased to help and chip in with any other snippets I can think of. Good luck to getting your monies back Landy

Hi Rosmoz What I require I calculate that you have taken £XXXXX plus £XXX which you have charged me in overdraft interest for the sum which you have taken. Total £XXXXX . I enclose a schedule of the charges which I am claiming with this letter Can someone confirm that the first figure relates to the amount of charges levied, Yes and the second figure relates to the calculated interest as per the spreadsheet template????? No First paragraph is ok, Firstdirect do charge interest which is shown on your statement / schedule which can be claimed if shown. The calculated interest as per the spreadsheet template is as and when you file either your MCOL or N1 to the courts. Hope this helps Landy