Eversheds/Max Recovery

[tagal]

Hi I had a Sky Card debt and got into financial trouble and in a DMP. I am writing to all creditors asking for CCA. I had a letter from Eversheds saying that they are administering Sky Cards account on behalf of Max Recovery. Eversheds have failed to respond to CCA, saying that they have never received request, even though they signed for letter sent to them with £1.00 P.O. (They are now in default and second letter sent telling them this, again they say that they did not receive this either). As far as I am concerned I have sent both letters from templates on this site and they have not responsed, so commited an offence.

 

So, should I let Max Recovery know that Eversheds are not handling account properly, or should I write to original creditor - Sky Cards. Eversheds seem to be a third party, and I don't know who I should be sending correspondence to. I am in the position to offer a F&F once I receive the proper CCA, again, who should I send F&F offer to, Sky Cards, Max Recovery or Eversheds. I don't hold out much hope with sending Eversheds F&F offers as they claim they have not received any letters sent so far. Sorry to waffle, but find it very confusing as to who I am supposed to deal with. Thank you X

[twofoot]

First of all did you CCA them by recorded delivery. if you did you have proof of them getting it. If that's the case doing nothing just wait for as long as it takes them to reply then remind them they've not supplied the cca and you won't deal with them till they do.

[lookinforinfo]

Don't send any offer at the moment. Send copies of your letters that you sent to Eversheds over to Sky cards and Max Recovery. pointing out that you have proof that the CCA request was delivered. As these companies are

responsible for the behaviour of Eversheds, they can either get Eversheds to get their act together, or all three will be reported to Trading Standards as

being unfit to hold Consumer Credit Licences.

How long ago was it that you sent Eversheds the request?

[oneofakind]

Generally you should deal with whomever is asking for your money!

 

If Eversheds failed to provide your CCA on request, and you have proof of delivery, then the alleged debt is now unenforceable.

 

This puts you in an even better position as far as f&f settlement is concerned, because if your CCA req. is in default you don't have to pay them anything!

 

Sit tight now, and WAIT. If Eversheds keep chasing you, they're digging a big hole. It may be that they pass the file back up the food chain, but all you should do now is WAIT.

 

[Curlyben]

First NEVER talk to these "people" on the phone as they will try and get you to agree to anything.

 

Before you even think about making any sort of acknowledgement or payment to a DCA you MUST ensure that they have the LEGAL right to collect the debt.

This is achieved by requesting a copy of the Signed, Executed Credit Agreement via a Consumer Credit Act (CCA) request.

There is a template letter to be found here: http://www.consumeractiongroup.co.uk/forum/general-debt/20758-creditors-dcas-letter-templates.html

Letter N.

Is it important to start the letter:

I DO NOT ACKNOWLEDGE ANY DEBT TO YOUR COMPANY in Big Bold letters.

 

It is best to send this request via recorded/special delivery as there are some inportant deadlines to observe.

 

After 12 WORKING days the "debt" is in default and stays that way until the request is complied with.

If a FURTHER month passes then the DCA has committed a summary criminal offence and the matter should be referred to Trading Standards for action.

 

I hope this clarifies some things.

[tagal]

Hi, thank you for your replies.

 

I sent the CCA request by recorded delivery back in July. I have tracked the letter and it says that it was "delivered from the royal mail delivery office a day later" but there is no electronic signature available. This info I got from the royal mail trace and track site. Some items I have sent come up with a signature but this one does not. I have tried to ring royal mail but I would have to pay another a fee to see if there is a signature. Surely this is why I paid recorded delivery fee in the first place.

 

I also sent a default letter 12 days plus one month later which they did receive and I have an electronic signature to proove it. Eversheds say that they received the second letter but not the original request and are asking me to send it again with another £1.00 fee although I had already sent a 1.00 p.o. with first letter in July. Again I will have to pay a fee to see if this has been cashed. This is so annoying and stressful.

 

You can't trust Royal Mail or Eversheds, perhaps they are in it together.

 

Anyway, I have now sent a letter of complaint to the original creditor Sky Cards and also Max Recovery, informing them that Eversheds are not competent at handling the account. I will wait and see what I get back, but not hoping out much hope. Am I correct in saying that I sent original request by Recorded Delivery and although there is no signature, they must have received it and are just trying it on. I will do no more with payment or offer of F&F until I get the CCA and an apology from someone. X

[oneofakind]

My understanding is that, although you do not have a signature for delivery, confirmation from Royal Mail that your letter was delivered is sufficient. 'We didn't receive it' just won't wash.

 

I sent off a batch of 7 CCA letters a while back... all were deemed delivered, but NONE actually produced a signature!

 

(not condoning this practice: IMHO if you pay for 'signed for' delivery, then that's exactly what you should get! )

 

[Curlyben]

Bear in mind that "none receipt" is also used when serving court papers.

Now a court deems papers served 2 working days after postage by first class and these NEVER go recorded.

So if 2 working days is good enough for court, then it's good enough for us as well.

[Docman]

Have these 'people' got anything to do with the law firm of the same name?

[oneofakind]

According to the paperwork I have from them, yes they do.

 

[tagal]

Yes I believe Eversheds are Solicitors, so they should know better, but it seems when debt collection is on the agenda know one plays buy the rules, but ofcourse we are expected too. Your are right Curlyben, if Jo Public are sent official letters that are not recorded delivery, it is taken that they have been delivered - but when the shoes is on the other foor ....well, thats a different story. I will see what response I get from my complaints, that is if they receive them in the mail! X

[rory32]

I believe Eversheds are Solicitors, so they should know better, but it seems when debt collection is on the agenda know one plays buy the rules

 

With Eversheds it doesn't seem that debt collection has anything to do with it. They are alledgedly a bit shoddy at the best of times.

 

From The Times.

 

Nationwide, the building society, is suing Eversheds, one of the country’s largest law firms, for more than £20 million, claiming that it was given negligent advice on an allegedly fraudulent property deal.

 

The High Court claim is linked to Erinaceous, the troubled quoted property services firm, whose surveying unit became the target of a police investigation into a possible mortgage fraud ring.

 

Nationwide says that Eversheds failed to tell the building society that it was offering a £14 million loan secured on a Welsh building worth less than £1 million. As Nationwide’s legal adviser on the deal, Eversheds was obliged to investigate the title of the property, confirm the buyer’s identity and verify the source of any upfront payment.

 

According to the claim: “Eversheds never received any such confirmation or evidence and allowed the matter to drop.”

[Lila 1]

Did you ever get this resolved with Eversheds/Max?

[bonav]

Thank goodness I found this site.

 

I have a letter from Eversheds regarding a problem with my mothers Halifax account. I rang Eversheds disputing anything is owed, and they were so rude. Basically my mother had a stroke and cannot speak and is paralysed and bedbound.

 

At first they would not speak to me, so I said I have a Social Services letter I can fax through to them asking for permission to speak to me. I asked if they could give me the fax number. I was told "You have a letter from us, the fax number is on there." End of call.

 

I have had 2 further calls one very rude and another hung up when I asked who it was calling. So I called back the number from 1471. Again, very rude person, who kept talking over me and repeating the debt has to be paid. I advised they may no longer use my telephone number, to which she butted in, this is your mothers debt and we will ring. I advised it is my telephone number and if I receive a further call they will ber reported for nuisance calls. I asked her if she had noted that and was told "I've already told you, and you are just repeating yourself, but we will be writing". I advised that if she'd let me finish my sentence, that is exactly what I was wanting.

 

Well, I am sending a letter to them which is mentioned on this site "I do not acknowledge any debt to your company", and will keep you posted on the response.

[bonav]

Letter mentioned above sent by Special Delivery this afternoon. Will update as things proceed.

 

It would be nice to know how things went with the original poster too.

[sillygirl1]

Wouldn't it be nice if all these companies and their pet solicitors were FORCED by LEGISLATION to send out ALL debt collecting/chasing letters First Class Recorded Delivery - what a waste of their resources it would be!

 

Everhsheds are one of many solicitor firms acting to collect debts, which surely is a clash of interest. However they are fairly easily despatched by keep writing to them, then phoning to check if they have received YOUR letter, they gave up on me when I rang three times in one day (they did it to me the day before). Clearly they don't like a taste of their own medicine.

[bonav]

Wouldn't it be nice if all these companies and their pet solicitors were FORCED by LEGISLATION to send out ALL debt collecting/chasing letters First Class Recorded Delivery - what a waste of their resources it would be!

 

Everhsheds are one of many solicitor firms acting to collect debts, which surely is a clash of interest. However they are fairly easily despatched by keep writing to them, then phoning to check if they have received YOUR letter, they gave up on me when I rang three times in one day (they did it to me the day before). Clearly they don't like a taste of their own medicine.

 

Slightly off subject here, but, sillygirl1, are you aware that you can ask them to stop telephoning. If they call again they have breached the regulations of telephony supply and their calls are classed as mallicious. Cannot quote directly where to find this, but it was in the back of an old BT directory I read a few years ago.

 

Did you find that the staff at Eversheds just tend to shout and be rude? Surely there are rules on how they must deal with customers or clients?

[sillygirl1]

I know that Boav, I was just winding THEM up - they had no leg to stand on after that little session and as I said, they have left me alone.

 

I did find they were rude and didn't know what they were talking about but that is standard for the phone monkeys.

[bonav]

I know that Boav, I was just winding THEM up - they had no leg to stand on after that little session and as I said, they have left me alone.

 

I did find they were rude and didn't know what they were talking about but that is standard for the phone monkeys.

 

Cheers. I will follow your example and ring them tomorrow. They left me so angry today and yesterday. Now I hope to get sweet revenge.

[Stephan56]

I had some real problems with Eversheds in the past. Surely as solicitors they are supposed to act to a HIGHER STANDARD that the average DCA. Maybe complaint to the Law Society or other regulatory body that monitors them is in order.

 

If I understand it, even if a complaint is not investigated or upheld it still sits on their file. ANd enough of complaints will, eventually you hope, cause them problems.

 

Solicitors are supposed to be "officers of the court".