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12 days up for lowell


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Dear xxxx

 

Account Ref xxxx

 

Please be advised that I will only communicate with you in writing. I have noted your repeated attempts to contact me by telephone over the past few weeks/months and these have been duly logged by time and date.

 

Furthermore, should it be your intention to arrange a “doorstep call”, 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 English 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.

 

 

If you do not understand this letter, you should seek qualified legal advice

 

Regards

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Dear xxxx

 

Account Ref xxxx

 

Please be advised that I will only communicate with you in writing. I have noted your repeated attempts to contact me by telephone over the past few weeks/months and these have been duly logged by time and date.

 

Furthermore, should it be your intention to arrange a “doorstep call”, 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 English 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.

 

 

If you do not understand this letter, you should seek qualified legal advice

 

Regards

 

 

Thanks zazen we keeping them busy between us:lol:

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You might like to bung this at them too if you haven't otherwise responded!

Dear Sirs

 

I refer to your letter dated

 

Your clients remain in default of a formal request pursuant to s.77/78 of the Consumer Credit Act 1974, which was made on 5 January 2008. Your demand for payment is therefore unlawful.

 

In the circumstances, I am unable to enter into further correspondence with you. Any further contact from you, other than to confirm that you have closed your file, will be viewed as harassment and treated accordingly.

 

If you do not understand this letter, you should seek qualified legal advice

 

Yours

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Sorry i cant help, but i was just reading this thread as im having a few Cap One problems myself. If i ask them for a signed credit agreement and they cant provide one, can they enforce a default against me??

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Guest forgottenone
and they cant provide one, can they enforce a default against me??

 

All I will say is they are trying it on with me. I've already been issued an intention to default. Yet no CCA received or even acknowledged.

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Hi all update with NCO sent them the letter above on friday 27th june so they would not have had the letter yet, i just received anorther treatogram i have 72 hrs to pay up, the letter goes you have been leagally notified of this debt and you have chosen to ignore your liability to our client(i have not i have always responded back) thee following alternatives is now available to you send money now bla bla or contact MS BLACK on bla bla bla failure to comply with these options can result in court istigated against you without further communications DATA ADMINISTRATOR no signature :-x any advise please thank you

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Subbing.....

 

I have had an application form back with no prescribed terms etc on it, so at least I know what to expect in future.

 

Good Luck with this one :D

 

Thanks its hard work:)

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yes ignore the letter as u have contacted them.

OFT debt collection guidance

 

Please remember the only stupid question is the one you dont ask so dont worry about asking the stupid questions.

 

Essex girl in pc world looking 4 curtains 4 her pc,the assistant says u dont need curtains 4 a computer!!Essex girl says,''HELLOOO!! i,ve got WINDOWS!!'.

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were fine i have her on my lap learning all ready. ur suspose to learn in ur sleep arnt u?

OFT debt collection guidance

 

Please remember the only stupid question is the one you dont ask so dont worry about asking the stupid questions.

 

Essex girl in pc world looking 4 curtains 4 her pc,the assistant says u dont need curtains 4 a computer!!Essex girl says,''HELLOOO!! i,ve got WINDOWS!!'.

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Subscribing:

 

Hi marjie06,

 

I am having the same problems with Crapy1. I would hope that as long as you have an audit trail, then even IF they do take you to court, youwill be able to demonstrate so many breaches of law and guidelines that they will come off with egg on their faces.

 

I believe that you have every right to stop making payments until a valid CCA is provided. If the account is in dispute it is not on to transfer the debt etc etc.

 

I think that this is all a bluff, if not, then you will have your day in court and you should stick it to them!!!

 

I hope I can be of morehelp as events develop.

 

Good luck, we are ALL rooting for you.

 

Sparkles ;)

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I believe that you have every right to stop making payments until a valid CCA is provided.

 

From the CCA request having been recieved by them, if they have not provided a valid doc after 12 + 2 working days, you can legally stop payment.

 

David

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After 12 days the debt becomes uncollectable in the absence of them failing to comply.This period then runs to make a calendar month at which stage there is an offence for the failure to provide under the CCA.They may still attempt to collect after this time but only a Court can rule on it.

In the absence of them failing to supply the CCA they are additionally in breach of OFT guidelines on debt collections 2006 unfair business practices.You are correct that by being in dispute they should suspend any recovery attempts to collect.It is a matter of personal decision as to whether any previous repayment plans for repayments are maintained.

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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After 12 days the debt becomes uncollectable in the absence of them failing to comply.This period then runs to make a calendar month at which stage there is an offence for the failure to provide under the CCA.They may still attempt to collect after this time but only a Court can rule on it.

In the absence of them failing to supply the CCA they are additionally in breach of OFT guidelines on debt collections 2006 unfair business practices.You are correct that by being in dispute they should suspend any recovery attempts to collect.It is a matter of personal decision as to whether any previous repayment plans for repayments are maintained.

 

The voice of reason in a mad world...thank you Martin;)

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Subscribing:

 

Hi marjie06,

 

I am having the same problems with Crapy1. I would hope that as long as you have an audit trail, then even IF they do take you to court, youwill be able to demonstrate so many breaches of law and guidelines that they will come off with egg on their faces.

 

I believe that you have every right to stop making payments until a valid CCA is provided. If the account is in dispute it is not on to transfer the debt etc etc.

 

I think that this is all a bluff, if not, then you will have your day in court and you should stick it to them!!!

 

I hope I can be of morehelp as events develop.

 

Good luck, we are ALL rooting for you.

 

Sparkles ;)

 

 

There are many recent cases similar to this that will give the next steps-have a read through some threads.

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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I had a call from Debitas yesterday; the caller barely spoke English, I had to confirm my name to her three times, I declined to confirm any further details and again had to say this three times before she understood me.

 

I then confirmed that there was 'not a chance' I would call them back - had to say this twice, the caller then advised me that because of the position I was taking they would have to call me again at which point I descended into hysterical laughter and muttered 'Okay, Knock yourself out!'

 

The caller hung up.

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Hi all update received a letter today from NCO( here it goes I WRITE IN RESPONSE TO YOUR LETTER DATED BLA BLA THE CONTENTS WHICH HAVE BEEN NOTED FIRSTLEY PLEASE ACCEPT OUR SINCERE APOLOGIES FOR THE DELAY IN OUR RESPONDING TO THE SAME. IT SEEMS THAT THERE HAS BEEN A FALIURE WITH IN OUR INTERNAL POSTAL SERVICE. WE ARE CURRENTLY INVESTIGATING THE REASONS BEHIND THIS.(thats nice off them :lol: YOUR LETTER HAS BEEN PASSED ON TO OUR OPERATIONS TEAM MANAGER. IN ORDER TO ALLOW HIM TO REVEIW ALL ASPECTS RAISED,WE WOULD ASK YOU TO ALLOW 7-10 DAYS FROM THE DATE OF THIS LETTER FOR A DETAILED RESPONSE TO BE PREPARED.(here it goes again wait for it:lol:) NCO EUROPE, AS A GLOBEL SUPPLIER TO THE ACCOUNTS RECEIVABLES INDUSTRY, PRIDES ITSELF ON THE VERY HIGHEST LEVELS OF SERVICE AFFORED TO CLIENTS, CUSTOMERS AND ALL THIRD PARTIES WITH WHICH WE DEAL AND,THEREFORE, WHEN WE RECEIVE CORRESPONDENCE SUCH HAS YOURS THIS IS TAKING SERIOUSLEY :lol: PLEASE ACCEPT OUR THANKS FOR TAKING TIME TO PROVIDE THIS INFORMATION AND AS NOTED ABOVE YOU WILL RECEIVE A DETAILED RESPONSE SHORTLEY( thats nice of them) YOURS SINCERLY FOR And BEHALF OF NCO EUROPE LIMITED SIGNED BLA BLA (naughty capital one:))

 

what do you make off this guys, i have just got to wait now to see what they come up with :)

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Hi Marjie06,

I sent CCA request off to NCO on behalf of my husband a couple of months ago.

They received CCA req. via G/D they never acknowledged it but started to phone my hubby, I took 3 calls and told them he would not communicate until they had forfilled his CCA request, they got really P..... & said fine I'll send some one to your house and hung up, The second time they phoned & said I'll send some one to your house then" I was quick enough to shout back "go on then" before they again, hung up. It wouldn't bother me in the slightest, I always take my huge dog to answer the door with me.

I sent them another letter once our request had entered into the phase of NCO comitting an offence, I haven't heard from them since and the phone calls stopped. Not sure what will transpire but just thought I'd let you know.

They may soon leave you alone too.

Good luck.:)

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