Another letter Should I just ignore?

[billynomates01]

I received a letter from A JB Debt Recovery requesting payment for a debt with the usual blurb 7 days to pay or legal action etc. I sent the CCA letter requesting a copy of the credit agreement which was signed for on 13 Sept.

Confusingly (i just noticed the date on the letter) I then received a letter dated 5 Sept from a company called ATI offering a sttlement of 80% on the same debt wich i ignored because both JB and ATI have the same office and e-mail address so i presume they are the same company?

I have heard nothing since from JB but this morn i received another letter from ATI stating that as they have had no response from me they may now pass this on to their field agents whom will be contacting me in the next few weeks unless i contact them. Both companies are acting on behalf of Robinson Way.

Should i just ignore again or send another CCA letter to ATI (then i presume they will just come back with another company) or send one to Robinson Way?

The original debt was with RBS card services I don't mind paying them but will they still own the debt and would it be worth contacting them?

Thank you in advance for any suggestions I don't really need "Field Agents " knocking at the door.

[2Grumpy]

I would write informing them that the account is in dispute, that you are waiting for them to supply a CCA and proof that the alleged debt is yours, that you deny them permission to visit and that anyone who does visit will be removed from your property and the police called.

 

Look on the bright side - at least they aren't phoning

 

Grumpy

[powelll]

Is this an old debt?

[billynomates01]

Its about 4yrs old they are phoning but its computer generated i never answer the phone anyways!!!

[powelll]

OK. Was worth asking if it was 6 years or more for limitations but never mind! As 2Grumpy has said if they haven't responded to CCA the account is now in dispute anyway.

[tonycee]

Had the same s**t since April.

Got 34 calling cards.

Still no CCA.

Still no body has been round.

 

I even sent them an invoice for £200 for wasting my time when they didnt turn up AGAIN.

 

Just keep sending copy letter of CCA request, pref in their pre paid envelope to anybody who bothers to write.

 

And DONT EVER sign anything.

 

Good luck.

[louiboy]

I've had contact with JB Recovery for an account that is in default of s77 CCA and Statute Barred.

Tracked down a few details on this company.

 

JB Recovery and ATI (Asset Trace & Investigations) are based in the same building in Glasgow and both are trading names of JB (Ventures) Ltd.

 

Now it gets interesting.

Check the company registration number JB (Ventures) with Companies House and it shows the registered office as Homelea House, Bridge of Weir, Renfrewshire.

 

Them check the Information Commissioners website database and it shows.

JB Ventures Ltd registered as a Data Controller in Bath St, Glasgow.

 

That's not correct. The Data Protection Act states that in the case of a Ltd company they should be registered with the Information Commissioners Office at their registered company address.

JB Ventures are incorrectly registered with the Information Commissioners Office.

 

I'm just about to report them to the Information Commissioners Office. The original creditor is in default of S77 and JB should not be in possession of any of my personal data. Additional complaint of processing data while incorrectly registered.

 

The letters I received were also in breach of s351 of the Companies Act.

Contained JB ventures company name/number and the Glasgow address of JB Recovery.

The act states that all correspondence should contain, place of registration and registration number. The address of its registered office. (Bridge of Weir not Glasgow). Formal complaint to Companies House. Extra complaint that they don't display the correct contact details on their website under the E-commerce legislation from 2002

 

Wrote to JB Recovery a few weeks ago instructing them to back down. It's now time to start reporting them to Trading Standards, OFT, Information Commissioners Office and Companies House.

 

Hopefully cost them a few quid having all the stationary reprinted.

[billynomates01]

louiboy wow .all that went over my head LOL.....at the mo i'm sending the CCA letter to ATI........do you have any others i could send?

[louiboy]

Don't think you need to send them anything else for the time being. Save the £1 for a CCA on ATI as they are all the same company (JB ventures)

 

You sent a CCA request to JB Recovery on the 13th September.

2 days for delivery. 12 working days. JB Recovery defaulted on the CCA request about the 1st October. 1 calender month for default. The criminal offence part occurs 1st November.

 

You could take 2grumpys advice and send a letter to JB Recovery telling them they are prohibited from initiating enforcement action while the account is in dispute. It's now up to them to comply with the CCA request.

 

When the 1st November passes you can report them to trading standards. Enclosing any correspondence received while they are in default.

[louiboy]

OOps! Slightly wrong calculation. They would have defaulted about the 30th September. That makes the criminal default end of October.

[buzby]

For info - Homelea House, Bridge of Weir is a fairly new place, previously part of Quarriers (Childrens) Homes a few of the houses were leased out to firms - although their Registered Office, they do not have to trade from there, so their Glasgow address may (still) be perfectly OK.

[billynomates01]

OOPS.....got the dates mixed up.......the Request for CCA was signed for on 13Aug....so i guess the 30 days is up....

[ODC]

OOPS.....got the dates mixed up.......the Request for CCA was signed for on 13Aug....so i guess the 30 days is up....

And the silly numpties are still chasing. Report them to TS as well as asking foir a copy of their own Complaints Procedure. They are legally obliged to have one. Bet they dont so you can report them directly to the FOS

[tonycee]

I sent the CCA letter requesting a copy of the credit agreement which was signed for on 13 Sept.

 

Save the £1 for a CCA on ATI as they are all the same company (JB ventures)

request.

 

You dont need to spend anymore £1s.

A photo copy of the original is sufficient regardless of who its addressed to.

[Curlyben]

Give this a go.

Edit as needed:

 

Account In Dispute

Dear xxxxx

 

Ref xxxxxx

 

Thank you for your letter of xx/xx/2007, informing me that I have not responded to your previous correspondence.

 

To date however, your company remains in breach of my legal request for a Consumer Credit Agreement (Consumer Credit Act 1974); received by yourselves on xx/xx/. In fact, the only correspondence that I have received in response to this request have been some additional demands for payment from **DCA**, whilst in default of this request. Until such times as you are able to comply with my request however, no payments will be forthcoming to anyone.

 

With reference to your comments about someone visiting me at my home to collect payments, please be advised that I will only communicate with you in writing. Should it be your intention to arrange a “doorstep call” anyway, 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 an appointment with you.

 

There is only an implied license under 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.

 

I trust this clarifies your position and mine.

 

I would appreciate your due diligence in this matter.

I look forward to hearing from you in writing.

 

Yours faithfully,