noomill -v- NCO(Europe)Ltd -The Final Conflict

[noomill060]

Following on from an issue which caused to me to join CAG in the first place-

 

http://www.consumeractiongroup.co.uk/forum/general-debt-issues/49174-attempting-enforce-non-existant.html

 

 

I am now feel confident enough to start a harassment action against NCO for attempting collection of a non-existant and wholy disputed alleged debt.

 

I have previously done battle with NCO over SAR non-compliance and s.10 non-compliance which cost them dearly.

 

 

http://www.consumeractiongroup.co.uk/forum/data-protection-default-issues/135360-noomill-nco-round-2-a.html

 

 

Onwards now to the main event....

[noomill060]

As no one else appears to be in the slightest bit interested in a serious attempt to make a DCA pay, Ive deleted my POC in the interests of privacy.

Edited September 18, 2008 by noomill060
No buggers interested!

[noomill060]

Any comments or criticism would be appreciated.

[noomill060]

Use of the terms Applicant and Respondent is due to the fact that I originally started a claim here in Northern Ireland.

 

The Court sent it back, as it classes this as a Personal Injury claim. Over here PI claims cannot be heard in small Claims, only in the Big Scary expensive court as a "Civil Bill", as they call it over here, the actual amount of damages decided by jury.

 

Sledge hammer to crack a nut, in my opinion, so when I do file this, it will be in an English court using an N1

[Blossomandebony]

a) A sum of damages (which the Court deems just) in compensation for anxiety, psychological distress,

 

Hi, Noomill,

 

Hope you have success in your claim, you've certainly done well in keeping an exact log of phone call, letters etc!

 

As for the above quote, my first thought is that you would need something material to back up the claim for anxiety and psychological distress. Do you have a doctor's report, records of being given anti depressants /other medication after the harassment started, or an expert willing to make a report to back up your claim? (I don't mean for you to post personal details, by the way!) I'd say that this was the most difficult part of your claim to quantify and you will need some back up.

 

BAE

[noomill060]

Hi BAE-

 

List of contact times and letters was obtained by means of a SAR in addition to keeping a log as best I could.

 

The OFT's debt collection guidelines define the actions carried out by NCO in the course of their harassment as :

 

1) Physical/Psychological harassment

2) False representation of authority and/or legal position

3) Deceptive and/or unfair methods

 

 

Given that I am able to provide evidence that NCO carried out activities which the OFT explicitly defines as the above, despite my disputing there was no debt to pursue in the first place, AND the OC eventually admitting the same, AND NCO continuing their attempts to collect a non-existant debt even after being shown evidence FROM THE OC! that no debt existed I believe I can show that harassment on more than one occasion, which is all the Act stipulates constitutes a cause of action to be.

 

 

Thanks for making me think this through again, BAE. I think this section is a bit wordy and come across as more of a rant. Needs work.