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    • Thank you for your reply!   I’ve just had the following response from Disney. Not great at all.   Dear Fishy Thank you for your reply. We kindly confirm that Disneyland® Paris annual passes are usually non-refundable. However, due to the unprecedented situation with CoViD-19, the duration of your annual passes and their benefits have been extended by the number of days our Disney Parks were temporarily closed (123 days), starting from the original expiry date of your annual passes. As previously mentioned, we are unable to put an additional temporary halt on your annual passes; however, we would like to offer you an exceptional partial refund. If you wish to accept our offer, please provide us with a copy of the annual passes of your party as well as the filled in and signed refund form at your earliest convenience. Your annual passes will consequently be blocked. We hope that this information is helpful for you, and we look forward to hearing from you. Yours sincerely, Constantin Guest Communication
    • I have now written up the Claim and will post this, we have also been informed by the DJ they will counter-sue for the full amount if we take them to Court for the £500 we are at a loss? We we have also included interest from the date they refused the Money in May as we are having to borrow to fund the wedding in three weeks, its so disheartening as we also have to pay £415 to put the claim in when they could have just resolved this matter!   Are they not bothered about customers at all, they are prepared to keep money without providing any service at all   Its so shameful
    • I'm afraid lapse of time has got nothing to do with it in this case. At the very minimum, though there is is six years within which to recover a debt – and when the money is paid by way of a mistake, it is six years from the date that the mistake was discovered or could reasonably have been discovered. I understand that your vehicle was damaged in an accident and the repair bill was paid by the insurer. Somehow or other, you were also paid about £2000 ostensibly to pay the garage for the repairs. As the car was already repaired, you didn't pay the money over or query it – but you used the money. I'm afraid that if that is a correct summary of what has happened then I would say that you are obliged to repay the money. If my understanding is correct – then you had probably better contact the solicitors and start dealing with them because I'm sure that they will have no hesitation issuing a claim against you and you will then be liable for the money, plus interest at 8% – plus a measure of costs – if the judgement sum is not paid 30 days of the date of judgement.  
    • Here is the latest draft defence aligned to each item from the POC. I have incorporated PAP detail into Item 4 of the defence in italics. Do I add the detail of CCA into Defence Item 5? Your comments, advice and suggested amendments are welcome.   1. The Claimant ('C') claims the whole of the outstanding balance due and payable under an agreement referenced “ref number” and opened effective from 27/08/2016. The agreement is regulated by the Consumer Credit Act 1974, was signed by the Defendant ('D') and from which credit was extended to the Defendant.   Defence 1. The Defendant contends that the particulars of the claim are vague and generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made.   2.  The Defendant failed to comply with a default notice served pursuant to s87, . CCA and by 05/08/2019  a default was recorded. Defence 2. Paragraph 1 is denied. I cannot recall any dealing with HSBC in the past, I cannot recall the specifics of the alleged agreement.   3.  As at 18/09/2019 the Defendant owed “Bank of SCOTLAND” the sum of 3897281. Defence 3. Paragraph 3 is denied. It is denied that any amounts are due under any agreement.   4. By an agreement in writing the benefit of the debt has been legally assigned to the Claimant effective 18/09/2019 and made regular upon the Claimant serving a Notice of Assignment the Defendant shortly thereafter. Defence 4. Paragraph 5 is denied and I am not aware of service of a Default Notice by the original creditor or Legal Assignment the claimant refers to within its particulars of claim. The Claimant has not complied with paragraph 3 of the PAPDC ( Pre Action Protocol) and Failed to serve a letter of claim pre claim pursuant to PAPDC changes of the 1st October 2017.It is respectfully requested that the court take this into consideration pursuant to 7.1 PAPDC.    5. And the Claimant claims: 1. 397281;  2. Interest pursuant to Section 69 County Court Act (1984) at a rate of 8 % per Annum from 18/09/2019 to 25/08/2020 of 26171 And thereafter at a daily rate of 82 to date of judgment or sooner payment. Date 28/08/2010 Defence 5. On receipt of this claim I requested information pertaining to this claim from Link Financial & Kearns Solicitors by way of a CPR 31:14 request sent via Royal Mail delivery on 28 August 2020. To date, neither Link Financial or Kearns Solicitors are yet to furnish me with the requested information.   7.Therefore the Claimant is put to strict proof to:- a) show and disclose how the Defendant has entered into an agreement; b) show and disclose how the Claimant has reached the amount claimed for; c) show and evidence the nature of breach and service of a Default Notice pursuant to Sec 87 (1) CCA1974. d) show how the Claimant has the legal right, either under statute or equity to issue a claim;   8. As per Civil Procedure Rule 16.5 (4) it is expected that the Claimant prove the allegation that the money is owed.   9. On the alternative, if the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of the consumer credit Act 1974.   By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.
    • Hi   I am not really sure where to post this , hopefully it’s appropriate here    At the end of 2017 my partner was involved in a rtc when a car pulled round a bus and hit my car that my partner was driving.   on the advice of family I instructed a car accident management company to deal with the repairs/make necessary arrangements.  The car was fixed and the accident management company paid us a couple of thousand pounds to pay the garage .  The bill never came from the garage and we were told that it had been settled by the insurance company.    when I sold the car a few months ago I struggled to sell to the garage as it was registered by my insurance as a write off.  I was offered significantly less for it because of this.    today I received a letter from a solicitors instructed by my insurance company to recover the money they paid for the repairs back in 2017.    I guess logically/morally my car was fixed and the money from the accident company is extra- although the car was marked by my insurance  as written off yet fixed!   do I need to pay them the sum they are asking or due to the time elapsed etc do I not.  The letter has made me so worried as threats of court action /costs    Thank you 
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Telephone Harassment Letters Not Respected.


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Hi all,

 

Angel,

 

I have just purchased a truecall device and am very pleased with it.

I spoke to Alan on the CAG before I purchased it and after I sent my proof of purchase to him, he sent my free memory card straight away.

 

It's a great machine and you can record all calls or just select as required.

You get a years free internet service and once your signed up, it's easy to log into your details and sync them over.

 

It's got some great features, blocking calls, pre selecting who you want to speak to etc and you can really tailor it to suit your requirements.

 

I phoned the truecall helpdesk asking about an extender which is not due on the market for a few months and they sent me one free of charge, great service.

 

Any more info required, let me know.

 

Cheers Elg.

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  • 4 weeks later...
  • Replies 271
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Elg,

 

Type up a standard letter (mine is posted below). Send it to Trading standards in the locality of the company office, OFCOM, the OFT and keep a copy.

 

Make all parties aware that you have sent a copy to each of the other parties.

 

As soon as Rockwell/Tessera/Fenton Cooper got my copy they cancelled my debt instantly.

 

Hope this helps

 

Simon

 

MY ADDRESS

12/2/2009

THEIR ADDRESS

Re: Harassment by telephone

ACCOUNT NUMBER: XXXXXXX

Dear Sirs

I am writing in relation to the quantity and frequency of telephone calls that I have received from your company, which I deem to be personally harassing.

I have verbally requested that these stop, but I am still receiving calls.

I now require all further correspondence from your company to be made in writing only.

I am of the view that your continued harassment of me by telephone puts you in breach of Section 40 of the Administration of Justice Act 1970, and the Protection from Harassment Act 1997.

If you continue to harass me by telephone, you will also be in breach of the Communications Act (2003) s.127 and I will report you to OFCOM, Trading Standards and The Office of Fair Trading, meaning that you will be liable to a substantial fine.

Be advised that any further telephone calls from your company will be recorded and logged for future reference to the Harrassment Act stated above.

Yours faithfully,

Simon Johnson-Ware

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OFCOm

 

Ofcom

Riverside House

2a Southwark Bridge Road

London

SE1 9HA

 

OFT

Enquiries and Reporting Centre

Office of Fair Trading

Fleetbank House

2-6 Salisbury Square

London

EC4Y 8JX.

 

Hope this helps (google is always the best to find any address or contact phone#)

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The Police will not deal with criminal harassment, a company cannot in the eyes of criminal law cause a harassment. you can take out a civil claim though, this is definitive answer on this one. Trading Standards have taken on my case at the moment. Ofcom dont want to know again its classed as a marketing call. MBNA AEGIS BARCLAYCARD just do not stop no matter how many letters they get.

 

MT, can you clarify this for me. I'm just about to go off to the Police about harassment calls from a bank.

Don't want to make a fool of myself on the one hand but do want to deal with this properly on the other.

I really do appreciate all those 'thank you' emails - I'm glad I've been able to help. Apologies if I haven't acknowledged all of them.

You can also ding my gong if you prefer. :)

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I've tried OFCOM who aren't able to accept my complaint. They do have regulations for Sales and Marketing calls but debt collection doesn't fall within this scope.

 

The TPS also only deals with Sales and Marketing calls.

I really do appreciate all those 'thank you' emails - I'm glad I've been able to help. Apologies if I haven't acknowledged all of them.

You can also ding my gong if you prefer. :)

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Moorcroft respected my phone harassment letter and removed my number so they said... Still sending demands for payment on an egg account they haven't sent any paperwork on :rolleyes:

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Barclays...no matter how many letters I send, how many times I tell them that they need to WRITE to me, how many times I "threaten" them with the relevant authorities...they still call...5...10..15 times a day.

Taking them to Court for harassment now..its the only way to go.

 

Hannah x

  • If Wishes Were Horses...
  • Hannahbtw Vs Woolwich ~settled in full! £2248.87~8/6/07
  • Hannahbtw's OH Vs Natwest~ settled in full! £2155.35~5/7/07

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hi there,

Type up a standard letter (mine is posted below). Send it to Trading standards in the locality of the company office, OFCOM, the OFT and keep a copy.

 

Make all parties aware that you have sent a copy to each of the other parties.

 

As soon as Rockwell/Tessera/Fenton Cooper got my copy they cancelled my debt instantly.

 

Hope this helps

 

Simon

 

 

MY ADDRESS

12/2/2009

THEIR ADDRESS

 

Re: Harassment by telephone

 

ACCOUNT NUMBER: XXXXXXX

 

Dear Sirs

 

I am writing in relation to the quantity and frequency of telephone calls that I have received from your company, which I deem to be personally harassing.

 

I have verbally requested that these stop, but I am still receiving calls.

 

I now require all further correspondence from your company to be made in writing only.

 

I am of the view that your continued harassment of me by telephone puts you in breach of Section 40 of the Administration of Justice Act 1970, and the Protection from Harassment Act 1997.

 

If you continue to harass me by telephone, you will also be in breach of the Communications Act (2003) s.127 and I will report you to OFCOM, Trading Standards and The Office of Fair Trading, meaning that you will be liable to a substantial fine.

 

Be advised that any further telephone calls from your company will be recorded and logged for future reference to the Harrassment Act stated above.

 

 

Yours faithfully,

i too want to complain about some companys not respecting teh telephone harrassment letter.

I will send the above letter again to them, but what letter do i send to the authorities?

Does anyone have any template letter i could use please?

Thanks,

jellybabe

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Brialliant information thanks very much. Krispy looks like you got your first green rep.

 

 

My first green rep, yay:) Glad to be of help Muffintop;) I have been rather poorly for a while so not been online so its nice to see Ive helped soeone even when Ive not been here.

 

regards

Krispy:-)

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Elg,

 

Type up a standard letter (mine is posted below). Send it to Trading standards in the locality of the company office, OFCOM, the OFT and keep a copy.

 

Make all parties aware that you have sent a copy to each of the other parties.

 

As soon as Rockwell/Tessera/Fenton Cooper got my copy they cancelled my debt instantly.

 

Hope this helps

 

Simon

 

Thanks simon,

 

Elg.

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  • 2 weeks later...
  • 2 weeks later...

Aktiv Kapital despite a self-composed harassment letter and me threatening to charge them an "administration fee" of £50 for each hang-up call I received from them - I guess they owe me several thousand pounds by now.

 

I'm going to try one of the templates now and the statute barred letter as it refers to a disputed debt from 2001 that I have never accepted

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I've finally given in and phoned BT to get my number changed today. They never stopped for the last 6 years, and I have no doubt they'd continue for the next 6 at least, Statute Barred or not :mad:

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I'm also having issues with Halifax (Intelligent Finance...intelligent, i think not!?!)

 

Called 4 times between sunday morning and monday evening. I have now started to anwser their calls and confirm it is halifax, before hanging up. Hopefully this will register the calls on their systems and raise a £10 charge as proof of the call.

:D No longer angry with Abbey - they paid out £2500 in unlawful charges!
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  • 4 weeks later...

Sent letters to the following companies

 

Black Horse - Now with solicitor (They have agreed not to charge me for the work as there are over 7 significant breaches on the agreement) sand will claim costs lol (They still phone lol)

 

Aqua Card - Ask to stop calling 32 phone calls after receipt of letter including to my employer. (Shame that they note all incoming calls lol it in the work log)

 

Barclaycard - no phone calls - Silly letter saying they have complied (not) check by solicitor.

 

Vanquis - Lots of phone calls

 

Now for the stars of the show weighing in with 47 calls and a telephone recording of a manger refusing to stop the calls until i make payment on the diputed account, yes he understands the concerns arounf CCA request and that i have provided written authority for the solicitor but he is required to ensure i make the payment. (on recording) I explained that pursuing the debt is not permitted as disputed and as they have failed to provide a copy of my agreement.

 

The got told to stop delaying the bill as it is now being referred to collections and will affect my credit rating - hahahahahaha i asked if that was a threat, he stated that he didn't beleive i was recording calls and all i am doing is trying to delay payments, They are not prepared to accept the requests and will continue to phone. I asked for his manager (wa going to play it back) he refused saying he will when i have made a payment. I hung up lol and had to play it back just for fun!

 

How should i now proceed lol this one i want a judge to hear.

SBFIDO

 

Accredited Member of the CIEH

 

No more will I be bullied or harassed.

 

When informed that the call is recorded for training and monitoring I always say I don't want it used for training. :razz:

 

I always ask for the ICO registration information - they often dont have it, shame i never discuss my personal data unless I know they comply with the DPA.

 

Finally I always record calls and state at the start of there call. Although I don't have too.

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  • 1 month later...

HALIFAX! Sent all the 'formal' notifications. I think they must have rolled them up and smoked them whilst they carried on ringing me up to 7 times a day before I bought software for my mobile which CUTS THEM RIGHT OFF!

 

YAY!!!!! :p

Edited by iddles10
The law offers you no protection.
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Sent letters to the following companies

 

Black Horse - Now with solicitor (They have agreed not to charge me for the work as there are over 7 significant breaches on the agreement) sand will claim costs lol (They still phone lol)

 

Aqua Card - Ask to stop calling 32 phone calls after receipt of letter including to my employer. (Shame that they note all incoming calls lol it in the work log)

 

Barclaycard - no phone calls - Silly letter saying they have complied (not) check by solicitor.

 

Vanquis - Lots of phone calls

 

Now for the stars of the show weighing in with 47 calls and a telephone recording of a manger refusing to stop the calls until i make payment on the diputed account, yes he understands the concerns arounf CCA request and that i have provided written authority for the solicitor but he is required to ensure i make the payment. (on recording) I explained that pursuing the debt is not permitted as disputed and as they have failed to provide a copy of my agreement.

 

The got told to stop delaying the bill as it is now being referred to collections and will affect my credit rating - hahahahahaha i asked if that was a threat, he stated that he didn't beleive i was recording calls and all i am doing is trying to delay payments, They are not prepared to accept the requests and will continue to phone. I asked for his manager (wa going to play it back) he refused saying he will when i have made a payment. I hung up lol and had to play it back just for fun!

 

How should i now proceed lol this one i want a judge to hear.

 

Hey, I read somewhere yesterday (on here) that you can be personally sued for breaking the law on behalf of your company. I would, personally, send the copy to the credit reference agencies and tell them to remove the entries. :D

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  • 3 weeks later...

MBNA...sent telephone letter, then received phone call at work from new DCA! Am now sending them a letter and seriously considering my options as they have still failed to provide a CCA since November 08!

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Littlewoods Direct. The only problem we have with them is that we are one month in arrears always - just don't have the extra to pay two months in one go at the moment. However, we always make our monthly payment on time, no problem there, we just happen to be one month behind! However, this didn't stop them continually phoning at all hours, trying to get us up to date. We sent the template harrassment letter from here and they actually wrote back a month later confirming that they'd removed our number from their records and would communicate only in writing from now on (I still have the letter).

 

Things were fine until we went on holiday last week and we didn't make our payment before we went. We returned yesterday to see they'd phoned every day, for the whole week! They also sent a letter asking for payment (that's fine, we requested that, after all). We made our payment over the phone straight away, thinking that would be that but no....today they phoned again! Hubby told them we'd paid yesterday and has asked for a copy of their complaints procedure. Grrr! Not sure what letter to send now though, but I'm sure we'll come up with something!

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