Lies and the lying liars who tell them

[alanalana]

Hello Rory,

 

do I have to edit post 43 again?

 

and why the change to include Scotland?

 

 

aa

[rory32]

Done now

[alanalana]

Rory,

 

can I then assume that this .....

 

Protection from Harassment Act 1997 (c. 40)

 

does include Scotland?

 

I am Clan Keith by the way:D

 

aa

[rory32]

It does (that's why it has the Scotland section) but it's not terribly effective.

[alanalana]

Rory,

 

I have just seen this from another thread.

 

Please be aware that in Scotland while the prevention from harassment act is enforceable this in normally construed under the common law of threats (this is why section 40 of the administration of justice act does not apply).

 

Criminal offences in England are mainly governed by statute, in Scotland they are normally governed by common law. What this means is that the sheriff (judge) has a far wider view of what can be done under the law of the land. So in some instances a few months for threats may be okay but in other instances it may not.

 

For instance if threats are considered substantial enough then the sheriff can commit you to life imprisonment as was the case a few years ago.

 

DCA's beware.

 

Doing my non legal head in. I maybe from Clan Keith but I could be fortunate to live south of Gretna;) In the legal sense. Oh yes married a Scottish Beauty but Legally I am not so sure now if it would be valid:eek:

 

aa

[huggys boss]

If I read correctly earlier. A lady requested her CCA and they couldn't provide one, so they sent her a blank one and asked her to sign it and send it back.

 

Post 60 in here : http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/159027-advice-reliable-collections-ambrose-3.html

[Mrs_Ryan]

Here's a good one.

 

'We dont believe you dont own your house. We're going to get a charging order anyway.'

That's all well and good, I said, but you did as you threatened and bothered checking the Land Registry you would see that the house is solely in the name of a male - Im female!

[ODC]

Crapquest

 

CapQuest is a market leader in the purchase, management and collection of both performing and sub-performing consumer debt.

 

For over 20 years, we have delivered outstanding credit management solutions to a wide variety of household names in consumer finance from across the UK.

 

The longevity of CapQuest’s client relationships is testament to our consistently superior track record of asset recovery and our total commitment to employing best practice in everything we do. CapQuest delivers tangible results for our clients using an open, trusted and fair approach to the successful resolution of their customers’ debts. Our position as a leading purchaser of sub-performing debt allows us to offer multiple credit management solutions to originators of consumer credit.

 

 

Clownells

 

 

Lowell Group maintains the highest standards of professionalism to both protect our clients' reputations and to establish ongoing and long term client relationships.

 

We are committed to taking a fair, sensitive and ethical approach to debt recovery. We comply fully with Government guidelines and industry trade and regulatory bodies.

 

 

Crapbot

 

Cabot Financial is the pioneer and market leader in consumer debt purchase in the UK. Formed in 1998 we have come a long way in 10 years. Our continuous development and expansion, most recently in Ireland, has resulted in Cabot having established strong, long-term relationships with the major UK and European lenders. We make it our mission to maintain and continually improve upon our position as the premier purchaser of consumer debts, sustaining excellence through ethical collections and the focus on our people to achieve their personal best.

 

 

You really couldnt make this tripe up. The sad thing about it that some poor debtor might actually believe it.

[F_DCAs]

Had to admit, I totally forgot about the companies' own personal opinions of themselves.

 

'Ethical approach?' - tee hee!

 

 

Now what about lies told in respect to Statutory Demands? We've had a few already about charging orders (any more). The more, the merrier.

Edited November 6, 2008 by F_DCAs

[foolishgirl]

You really couldnt make this tripe up. The sad thing about it that some poor debtor might actually believe it.

 

The really sad thing is that the creditors (ie. their employers) actually believe it!

[PGH7447]

Intrium Justitia method

 

IJ: Hi I'm calling on behalf of *** can I speak to Mrs PGH please

 

Me: certainly who are you from

 

IJ: Oh we are **** it reference ***

 

Me: sorry but thats been paid and if you are from *** you would know this so who are you really

 

IJ: ***

 

Me; No listen repeating above phrase

 

IJ: phone goes down

 

Me 1471 - ring them back - plenty of mouthfull

 

them IJ = Idiots and Jokers from scouse land

[spidey41]

how about the one i got from hfo services

we will take you to court , if you still do not pay you will go to prison lol

[jn0u5017]

this was in my sar, debtor wouldnt come to the phone, could hear her breathing in the background. nobody other than me answers the phone, what are they on?

[sillygirl1]

Paragraph quote from latest letter received from a Debt Recovery,Civil Litigation, Investigations and Process Servicing company.....

 

 

"we will now be sending a debt collector to your home to collect your debt or to assess your assets prior to legal action taking place. We do this to enable bailiffs to esaily recover goods to the value of your debt when they enforce any County Court Judgements against you

 

You must pay us now to avoid the inconvenience of a visit from our field personnel. (their bolding)

 

When the collector attends your property they will require payment in full or they will complete an assessment of your lifestyle and your home including details of any motor vehicles that you may have with a view to facilitiating their seizure under warrant.

 

As I am in rented accommodation, don't own a car and our lifestyle here is basic, no microwave, plasma tv etc they havent a hope.

 

Before CAG I would have been worried but as this letter was dated 31st October and arrived today and I have by 12pm on 7th to pay I will just send registered letter back revoking their right to debt collecting and asking for a Full statement of account.....

[sillygirl1]

Debt is under 750 so if they try a SD or Bankruptcy the will be in deep doodo....

[ODC]

 

[/b]When the collector attends your property they will require payment in full or they will complete an assessment of your lifestyle and your home including details of any motor vehicles that you may have with a view to facilitiating their seizure under warrant.

 

 

How could they complete any assesment lying on the broad of their back with two black eyes and a german shepherd at their throat.

 

''Sorry Constable I thought it was a Burglar casing my house'':grin:

[sillygirl1]

Lovely vision ODC, but we don't have any pets. If they saw our lifestyle they wouldn't be too impressed, no fancy gadgets in the kitchen and no plasma TV as already stated, just ancient Sony which weighs a ton, but gives a good picture.

 

As far as the cars go, they are made by the car equivalent of the weaver of the 'Kings New Clothes....' there are lots of cars parked round the outside of the flats so they would have a job choosing, the two cars registered here are my flatmates and we don't have any financial interest in eachother (except when we pay the gas/electicity card)!

[mr.ton]

"we will now be sending a debt collector to your home to collect your debt or to assess your assets prior to legal action taking place. We do this to enable bailiffs to esaily recover goods to the value of your debt when they enforce any County Court Judgements against you

You must pay us now to avoid the inconvenience of a visit from our field personnel. (their bolding)

When the collector attends your property they will require payment in full or they will complete an assessment of your lifestyle and your home including details of any motor vehicles that you may have with a view to facilitiating their seizure under warrant.

quote]

 

The court will say what happens...not them

[sillygirl1]

Total misrepresentation of their powers - this is going to Trading Standards tomorrow, complete with UKmail envelope it came in, letter dated 31st October giving me until 12pm on 7th to pay up... I'd like to see them get XXX in 2 days! I know I owe them some money but they haven't sent a statement - until I get a statement which include xxx amount they pinched from my bank account last month (statement to prove it) they will only get a token payment from me.

[ODC]

What powers??????? They have no Legal Powers whatsoever! In the highly unlikely event of someone appearing at your door tell him where to go in words of your own choosing.

[alanalana]

Hello sillygirl.

 

as I understand it unsolicited calls without invitation to your property can be classed as trespass. I believe trespass is illegal so you must not let them in. Call the police and get a case number logged with the police which you then cite to the DCA/Trespassers.

 

Then copy this and if you get any unwanted callers do not let them in just hand them a copy so they get the message.

 

Protection from Harassment Act 1997 (c. 40)

 

These are a couple of extracts

 

England and Wales

 

1 Prohibition of harassment

 

(1) A person must not pursue a course of conduct—

(a) which amounts to harassment of another, and

(b) which he knows or ought to know amounts to harassment of the other.

(2) For the purposes of this section, the person whose course of conduct is in question ought to know that it amounts to harassment of another if a reasonable person in possession of the same information would think the course of conduct amounted to harassment of the other.

(3) Subsection (1) does not apply to a course of conduct if the person who pursued it shows—

(a) that it was pursued for the purpose of preventing or detecting crime,

(b) that it was pursued under any enactment or rule of law or to comply with any condition or requirement imposed by any person under any enactment, or

© that in the particular circumstances the pursuit of the course of conduct was reasonable.

 

2 Offence of harassment

 

(1) A person who pursues a course of conduct in breach of section 1 is guilty of an offence.

(2) A person guilty of an offence under this section is liable on summary conviction to imprisonment for a term not exceeding six months, or a fine not exceeding level 5 on the standard scale, or both.

(3) In section 24(2) of the [1984 c. 60.] Police and Criminal Evidence Act 1984 (arrestable offences), after paragraph (m) there is inserted—

“(n) an offence under section 2 of the Protection from Harassment Act 1997 (harassment).”.

 

3 Civil remedy

 

(1) An actual or apprehended breach of section 1 may be the subject of a claim in civil proceedings by the person who is or may be the victim of the course of conduct in question.

(2) On such a claim, damages may be awarded for (among other things) any anxiety caused by the harassment and any financial loss resulting from the harassment.

 

This is purely advice to help you ensure you are remaining within the Legal boundaries of the Land. Remember it is against the Law to harass:shock:

 

Make them notice the rules of the land.

 

aa

[cashins]

That should work, give them that and tell them to get off your property.

 

Could use it myself but I'd need to get the dogs off them 1st.

 

David

[alanalana]

love the post.

 

That should work, give them that and tell them to get off your property.

 

Could use it myself but I'd need to get the dogs off them 1st.

 

David

 

aa

[alanalana]

Hello sillygirl,

 

 

Lovely vision ODC, but we don't have any pets. (Time for a pet then something that can live on one meal a year. Crocodile or Alligator! You will have to invest in a heater and a bigger bath.) If they saw our lifestyle they wouldn't be too impressed, no fancy gadgets in the kitchen and no plasma TV as already stated, just ancient Sony which weighs a ton, but gives a good picture.

 

As far as the cars go, they are made by the car equivalent of the weaver of the 'Kings New Clothes....' there are lots of cars parked round the outside of the flats so they would have a job choosing, the two cars registered here are my flatmates and we don't have any financial interest in eachother (except when we pay the gas/electicity card)!

 

aa

Edited November 6, 2008 by alanalana
forgot to sign

[master woody]

what about:

If you don't increase your payments on your payment plan were going to make you bankrupt, how much tax did you pay last year"

 

Well if your your going to issue a SD i best stop paying untill we can sort this out

 

oh no don't stop paying

 

**sigh** at our friends at the lewis group ( CL Finance)