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Equidebt you must pay now!


SpeckledHen
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Hi

i have just had a debt passed to Equidebt from Robinson Way, demanding i pay £xxxx by 8th September or ''one of our debt collectors will be contacting you at your place of work or home to arrange payment in full''

1/ can they do this legally?

2/can i stall them by asking for my credit agreement

3/any other way of dealing with them

Advice welcomed please IM DESPERATE

 

Thanks

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Send them a request for a copy of your agreement (send it recorded / guaranteed - with a £1 postal order and do not hand sign the letter).....you can find the CCA request here letter 'N' - http://www.consumeractiongroup.co.uk/forum/general-debt-issues/20758-creditors-dcas-letter-templates.html

 

Also add on to the bottom of the letter this....

 

Also be advised that I will only communicate with you in writing.

 

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

PLEASE NOTE - I am not a legal expert, what is stated is my own opinion and from what I have learnt from this forum and my own experiences.

 

DEBT COLLECTION LETTER/SAR/AGREEMENT TEMPLATES ARE HERE - http://www.consumeractiongroup.co.uk/forum/content.php?65-legislation

 

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This is a standard threat-o-gram.

one of our debt collectors will be contacting you at your place of work or home to arrange payment in full''
The liklihood of them visiting you is virtually non-existent, but they may phone you. Don't answer their 'security' questions, just insist they put anything in writing and hang up.

 

What does the debt relate to? RW specialise in chasing debts that are more than 6 years old ie statute barred.

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Thanks for the replies so far.The original debt was for a personal loan with AA (Bank of Scotland)

I ve had to leave a higher paid job due to ill health and subsequently could not afford the repayments.

Robinson Way chased me for last 2 years and have reduced me to no money in the bank and virtually to tears until i found this site.I just find it hard to take all the info in at present but im ready to fight with you great people out there.

CCA letter will go out tonight.

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Hi

i have just had a debt passed to Equidebt from Robinson Way, demanding i pay £xxxx by 8th September or ''one of our debt collectors will be contacting you at your place of work or home to arrange payment in full''

1/ can they do this legally?

2/can i stall them by asking for my credit agreement

3/any other way of dealing with them

Advice welcomed please IM DESPERATE

 

Thanks

 

Oh & just how do they intend making that arrangement exactly? :D

Thats all just hot air talk designed to intimidate you.

 

Answers to questions as follows?

 

1-No

2-Yes

3-Tell them to f off :roll:

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They cannot visit you at your place of work as its a clear breach of OFT Guidelines

 

Debt collection visits

2.11 Those visiting debtors must not act in an unclear or threatening manner.

2.12 Examples of unfair practices are:

a. not making the purpose of any proposed visit clear, for example, merely

stating that collectors or field agents will call is not sufficient

b. visiting a debtor when it is known they are vulnerable, for example, when

a doctor's certificate has been provided stating that the debtor is ill

c. continuing with a visit when it becomes apparent that the debtor is

distressed or otherwise vulnerable, for example, it becomes apparent that

the debtor has mental health problems

d. entering a property uninvited

e. not leaving a property when asked to

f. visiting or threatening to visit debtors without prior agreement when the

debt is deadlocked or disputed1

g. not giving adequate notice of the time and date of a visit2

h visiting debtors, unless requested, at inappropriate locations such as work

or hospital.

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Thanks for the replies so far.The original debt was for a personal loan with AA (Bank of Scotland)

I ve had to leave a higher paid job due to ill health and subsequently could not afford the repayments.

Robinson Way chased me for last 2 years and have reduced me to no money in the bank and virtually to tears until i found this site.I just find it hard to take all the info in at present but im ready to fight with you great people out there.

CCA letter will go out tonight.

 

Stick with it SpeckledHen, you'll be fine. Like the name by the way - that's one of my favourite beers!

 

Regards.

 

Fred

Before you criticise another man you should first walk a mile in his shoes. Then, when you criticise him, you'll be a mile away and he won't have any shoes on.

 

Don't get me confused with somebody knowledgeable by all those green blobs. I got most of them by making people laugh.

 

I am not European, I am English.

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Send them the letter in post 2, the chances of a visit are .00000001%, but if they do they have NO rights whatsoever, tell them to get off your property or you will call the police, dont talk to them.

Chin up.

Please note i have no legal training any advice i give comes from my own experience and from what i have learned on this site

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  • 1 month later...

Just an update, one month on and no reply to my cca request other than a standard letter saying they have requested a copy from hbos.

Is this something that normally takes a few weeks or more?I also gather the 10 day thing has changed?

Been a real nice month though, the phone is eerily quiet:grin:

 

cheers all

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  • 1 month later...

OK Folks,things not good here, have received a copy of cca and its legit as far as i can make out.Equidebt now want me to pay £100 month, have requested income / expenditure details and have threatened to take further action ie court if i do not do as asked.They state this is by request of their client,usual stuff i expect.My request is how i now tackle this as i believe the cca is definately correct.

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OK Folks,things not good here, have received a copy of cca and its legit as far as i can make out.Equidebt now want me to pay £100 month, have requested income / expenditure details and have threatened to take further action ie court if i do not do as asked.They state this is by request of their client,usual stuff i expect.My request is how i now tackle this as i believe the cca is definately correct.

 

 

Can you post it up with your details removed?

 

Also, remember the DCA has NO more right to collect your money than I do. YOU tell them what you are prepared to pay. Do not send them any details of your income/expenditure, they have NO right to see it.

 

The very worst that can happen is they take you to court. No sensible Judge will make you pay £100 a month if you can't afford it.

 

 

I also can't see if you have stated what this debt is for. So, what is it for? How much? Are there are charges on the account we can help you reclaim?

 

Jogs

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Looks as tho will be OK

Unfortunately I cant see it as my adobe dont work.

 

Suppose the famous expression applies

 

 

"Valid even if not read by you".......Then again maybe not.

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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its got the prescribed terms so looks ok, only thing is theve added the PPI to the total amount of credit, not sure they can do that, others will advise.

Please note i have no legal training any advice i give comes from my own experience and from what i have learned on this site

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whan was last payment made as you could claim on the PPI or even claim it back as it may not have been adequate for your needs

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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Hi

last payment made including PPI would have been two years ago i think.Im not particularly concerned with this, more that the cca seems correct therefore i was asking what my next step is.Clearly Equidebt now want to set their own terms, which i shall fight to the death.No way will they get income expenditure details,i'd rather give them rubber ducks to play in the bath,that should amuse their little minds.So, what next guys?

Thanks.

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My advice (although I'm very inexperienced at this stuff right now, but learning a lot from these forums.

 

I would advise you contact them again, asking for a SRA. Which is basically a letter asking for a statment of the account. Any charges and/or payments made to the account.

 

From there you can see any unlawful charges made to the account and counterclaim should to DCA actually carry out their threat of taking you to court.

 

Also, you could offer a payment that you can actually afford and start making those payments with a letter dated with the commencement date of those payments. Again, if it goes to court they'll see you're doing your best to clear the debt, the DCA are being greedy and will more than likely tell the DCA to like it or lump it.

 

More experienced folk on here will more then likely correct me if I'm wrong, and I expect I may be on a point or two, but just trying to help... Im guess!

 

Best of luck with this.:)

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Looks like a Microfiche Copy.

 

Wonder if they still have the Original?

 

If not, then this could be a cobbled together thing, based on something you signed that may, or may not, have had all of the correct Prescribed Terms etc.

 

You cannot trust a Copy, and neither should a Court. So that may yet be an issue that could undermine their position.

 

Cheers,

BRW

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Kyukodu thanks for that, i will send out a SRA tomorrow along with an offer i can afford and see where that gets me.

By the way it took them 36 days to send the cca, can i put the account in dispute for that?

Would love to see them playing with their ducks!!

If any of you are into insane charachters get into Jeff Dunham, if you know him and his charachters i'd love to use Achmed the Dead Terrorist, or Peanut on the dumbwits when they call:lol:, problem is they only ring when im out these days?!!

Regards to you all.

 

SpeckledHen

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BRW

Thanks for your response, i think it may look like a microfiche because i had to photograph the photocopy as i dont have access to a scanner,however there's a thought in what you say.....

Weird thing is i dont remember signing it, but they would struggle to have got my signature elsewhere, so i must have, b....r it.

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Not wishing to get your hopes up, but...

 

Weird thing is i dont remember signing it, but they would struggle to have got my signature elsewhere...

 

Don't always believe what you get from anyone involved in the Debt Industry (bankers, DCAs, CRAs etc). None are to be trusted.

 

They can get your signature from all sorts of places. Likewise, if there's money at stake, you just never know what they may try.

 

For example, if I had a copy of your Signature on any Document, plus a Copy of a Blank Application Form/Agreement, then I could easily mock something up that would look even more convincing than the CCA you have shown. Indeed, I'd blur it a little, add some smudges, a filing stamp or two, all to make it seem more realistic.

 

If I can do this, they can do this.

 

So, never assume it's 100% watertight unless you see the real thing that you signed in ink.

 

None of the above means they have not got it, it just means you must question what they send because what they send is a Copy. If that Copy looks like a Microfiche Copy, then doubt about the Original starts to creep in.

 

Even more doubt creeps in if they cannot produce the Original at all.

 

Why can't they produce it?

 

Even more doubt creeps in if they cannot produce any Document Management Audit Logs to track what happened to the Original.

 

Was there ever an Original? What was their Policy on Scanning, who Authorised the Scanning and when? Who carried out the Scan, how, when, and using what Software/Hardware? What was their Policy on Document Scan Archiving and Retention? Who Filed it and when did they File it? What was their Policy on Document Destruction? Who Authorised that the Original should be Shredded and when?

 

Or do they just allow anyone with a hang-over to shed any Document they feel like Shredding just to ease their upset tummy?

 

How and when was the recent Copy they sent you generated? Where is the Scan kept? Who has access to it? Where is the Log showing who recently had access to it to make the Copy they sent you in response to your CCA Request? You know when you requested the CCA and when you received the Copy, so it stands to reason that their Document Management Audit Log should show that someone booked a Copy between those Dates. If not, why not? Did they get the Window Cleaner to do it? Is their Customer Data Protection that lax?

 

If you see my point, if they pitch up in Court with a Copy, then you can hit them with all of the above.

 

Likewise, if they pitch up with a Witness in Court who wants to swear blind that the Copy is that of the Original, then you can put that Witness firmly on the spot by asking them all of the above issues...starting by asking them when, exactly, they started working for the bank!

 

You may find that the Witness was not even working there when the Scan was made and/or the Original was destroyed. You may find the Witness is not a Witness at all, just some banking drone they have produced willing to swear blind about something they actually know nothing whatsoever about.

 

This is why everyone must question Copies, especially in Court, where a Copy is just not the same as an Original, for all of the above reasons.

 

I hope this helps.

 

Cheers,

BRW

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