what to do?

[sowerby17]

Hi all i sent a cca to fredrickson international regarding my cap one visa for which they were chasing me for money i have had no reply from them but now i have had letters from a company called NCO debt collectors chasing me for the money. The first one said they were sending someone to my haome last tuesday and on came on saturday saying i had 72 hours to pay up or they could take me to court. Why do they now have the debt and do i send them a cca as well?

[Goldlady]

Send them a cca request I think. It will at least put the account in dispute.

[sowerby17]

thought that but i did that with the last lot and it obviously got sold on.

[heartopp]

If the account was in dispute, as in not supply the CCA, then they should not have passed it to a new DCA... Am i write?

[Goldlady]

You are right but my thought was that if they have started sending people round it might have more effect if you send them a CCA request rather than just saying the last lot didn't comply. Sorry it was a brief post - I was multitasking at the time:)

 

You really also need to send them the don't darken my doorstep again letter too. I have it somewhere if you need it:rolleyes:

[excel1]

firstly send NCO this,

 

 

 

Dear Sir/Madam

 

Account Ref

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.

 

Yours faithfully

Edited June 10, 2008 by excel1
im an idiot

[excel1]

Then this,

 

 

 

ACCOUNT IN DISPUTE

Dear Sir or Madam,

Account number: XXXX XXXX XXXX XXXX

 

I must admit that I am rather bemused as to why this account has been passed to yourselves, as it is in dispute with the **original creditor/DCA** and has been since DATE 2007.

Not only is this a breach of OFT collection guidelines, but also in breach of the Consumer Credit Act 1974 and Data Protection Act 1998

 

My last letter from **original creditor/DCA** was DATE and intimated that my complaint would be

resolved on **DATE**, this obviously hasn’t happened.

As **original creditor/DCA** are now in default of my Consumer Credit Act request, OFT Collection Guidelines, *Subject Access request and have also breached *s10 Data Protection Act request , I consider this account to be in SERIOUS DISPUTE.

 

As you are aware while my Consumer Credit Act request remains in default enforcement action is NOT permitted, under s127 this constitutes a complete defence at law.

 

Consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS.

 

Now I would respectfully suggest that this account is returned to the **original creditor/DCA** for resolution of these defaults and breaches, as **New DCA** cannot lawfully pursue any enforcement activities.

 

If **New DCA** chooses to ignore my dispute and attempt enforcement, I will initiate legal action and file reports with the appropriate authorities, including, but not limited to, Trading Standards, Office of Fair Trading, Information Commissioners Office, Financial Ombudsman Service and possible court action.

 

After taking advice, I am of the opinion that any continued pursuit is in violation of the Administration of Justice Act 1970 section 40 as well as breaching a number of the OFT Collection Guidelines

 

I hope that this will not be necessary and an acceptable solution can be accomplished.

 

I would appreciate your due diligence in this matter.

I look forward to hearing from you in writing.

 

Yours faithfully

[sowerby17]

thanks all will let you know how i get on.