Call serve! What step now?

[boromac]

Hi all, I need some advice?

 

I have recently received a letter from Call serve (re: Aktiv Kapital), demanding payment of £559.10.

As there was no details of whom this debt is owed to, or when it was supposed to be from, I wrote a letter to them asking for some details.

I sent the letter recorded delivery, which they have since recieved and signed for.

About 7 days after that, I got another letter from them saying, send this letter back to us with full payment or we will send a debt collector, or take the matter to county court.

But still no explanation of whom the debt is owed to, or from when.

 

What do I do now? Please help.

[Hobbie]

Boromac,

 

Send them a letter stating

 

I DO NOT ACKNOWLEDGE ANY DEBT TO YOUR COMPANY OR ANY COMPANY YOU MAY REPRESENT.

 

And again ask them for details regarding the debt, you may wish to consider sending a SAR, Call Serve should then forward onto you all details regarding the account, who the client is, breakdown of charges.

 

But DO NOT Phone them, and if they're call you DO NOT enter into conversation with them, further more do not acknowledge the debt until you know what it is you are acknowledging.

[maroondevo52]

Hi, Boromac.

 

Try sending them this 'prove it' letter, see what they come back with.

 

 

You have contacted me/us regarding the account with the above reference number, which you claim is owed by myself/ourselves.

 

I/we would point out that I/we have no knowledge of any such debt being owed to (insert company name).

 

I am/we are familiar with the Office of Fair Trading Debt Collection Guidance which states that it unfair to send demands for payment to an individual when it is uncertain that they are the debtor in question.

 

I/we would also point out that the OFT say under the Guidance that it is unfair to pursue third parties for payment when they are not liable. In not ceasing collection activity whilst investigating a reasonably queried or disputed debt you are using deceptive/and or unfair methods.

 

Furthermore ignoring and/or disregarding claims that debts have been settled or are disputed and continuing to make unjustified demands for payment amounts to physical/psychological harassment.

 

Yours faithfully

 

**Edit to suit **and don't forget, print your name, don't sign it. Send it recorded.

 

Regards.

 

Scott.

[boromac]

Hello again.

 

Thanks for your advice. I have already sent a "prove it" letter to Call Serve. Which was sent recorded delivery and was signed, but they just sent a letter back asking for payment in full, to be returned with the said letter - which I have to say I found a bit strange. Why do I return the full letter and not just the payment slip?

 

What do I do now? How long should I wait for a reply? What do I do if they don't reply, but send a debt collector or take the matter to county court? I know there's a lot of questions here, but I want to cover all outcomes.

 

Cheers

[42man]

If you have sent the letter to Call Serve, send Maroondevo's letter again saying....you have not replied to my reasonable request as to what this debt is concerning....

 

then add at the bottom...

 

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.

 

Yours faithfully/sincerely

[tomterm8]

I would also add that by failing to answer your reasonable queries in relation to the debt they are failing to comply with the OFT debt collection guidelines, and that if they continue to refuse to supply further information you will complain to the OFT and Trading Standards.

[boromac]

Hi all.

 

Thanks

[boromac]

Hi all.

 

Thanks for all the help. I have just received a letter off Debt Managers telling me they are no longer pursuing this matter and have sent it back to Aktiv Kapitol. I know this doesn't necessarily mean the end of the matter, but its a start.

 

Once again, thanks for the help.

[maroondevo52]

At least that's one of them off your back

 

 

Regards.

 

Scott.

[vincentfan]

My last threat-o-gram from them was Aug 07

Not a thing heard anything from them since

I never telephoned them so....

 

Oviously no CCA

 

Well done boromac