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Blowing Bubbles

 

You should indeed take the advice of the flyingdoc. Sending this letter will achieve TWO clear points

 

1/ It will make a clear statement that you are not interested in having them abuse you on the doorstep to your own home. I have to say that this threat is in 95% of cases, a hollow threat. You will feel good about doing this - Empowered if you like. :D

2/ For me this is the main point. You will be making your position absolutely clear in that they will start to find out that you are not going to be ridden over by their belligerant and bullying nature.

 

Additional points for good housekeeping:

 

Phoning them is quite dangerous. You should converse with them in writing only. You will find out that if you phone them, your heart rate will speed up, and you will probably lose your composure. Their member of staff will be working from a well drafted script designed to get you to yield to their demands. My advice - do NOT call them - write only.

 

When you write - you must as a minimum, send your letters with a certificate of postage. You get these by using a post office. To ensure the recipient knows you are notb messing, you ought to put a note at the footer of each page of your letter stating that you have "Sent With Royal Mail proof of postage" . Or you can send recorded. This is more expensive, especially if you start to shoot off more letters (which will probably be the case now you are on this thread :razz:)

 

Do not sign anything. Use a digital signature. This is the CAG link to the digitgal signature tutorial - http://www.consumeractiongroup.co.uk/forum/general-debt-issues/110578-digital-signature-guide.html

 

Here is a version of flyingdocs letter suggestion that you might like to copy verbatim - of course filling in the correct dates.

Date XX/XX/2009

 

Your Reference - Account No. XXXXXXXX

 

Dear XXXXXXXX

 

In response to your letter dated xxth xxx 2008, received at this address on xx xxx xxxx.

 

In the first instance I refer you back to correspondence sent to you, on xx xxx xxxx and xx xxx xxxx.

 

Further to that, and in direct response to the content of your letter, I will make my position absolutely clear…

 

I DO NOT WISH TO RECEIVE ANY REPRESENTATIVE OF YOUR ORGANISATION, OR INDEED AN AGENT OR REPRESENTATIVE EMPLOYED BY ANY ORGANISATION THAT YOU ISSUE INSTRUCTIONS TO.

 

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 FOR DAMAGES FOR A TORT OF TRESSPASS AND ACTION WILL BE TAKEN, INCLUDING BUT NOT LIMITED TO , POLICE ATTENDANCE.

 

 

I also caution you here that should you ignore my request on this point, the actions of your representative(s) will happily be record edeither by CCTV or by audio recording equipment – whichever is applicable. Accordingly I reserve the right to use any evidence of you or your representatives’ ignoring this request in connection with any actions that I choose to pursue, including media exposure.

 

Should it be your intention to disregard my wishes, and break your obligations, please be advised that the following rules also apply, as laid down by the OFT in respect of debt collection, and that you, as a holder of a consumer credit license, are obliged to follow:

 

The areas of the OFT guidance which applies to you in this instance are:

 

Debt collection visits

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

f. visiting or threatening to visit debtors without prior agreement when the debt is deadlocked or disputed

 

Deceptive and/or unfair methods

2.8 Examples of unfair practices are as follows:

 

k. not ceasing collection activity whilst investigating a reasonably queried or disputed debt.

 

I do believe this makes my position clear and unambiguous.

Yours Faithfully

 

This letter sent with Roayl Mail proof of postage

 

 

That should keep the January blues at bay for now. See how they react to that. When they do, post their response up here, and more caggers will help you

 

Best, Vex

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Also, make sure you don't have any money in the bank account they have details for - they will systematically empty your account. This happened to an employee of mine - they try your card details every morning in different amounts from £5 to £100 and if there is any money in the account they will have it!!! They took my employees full wages in one morning by debiting different ammounts i.e. £5 then £50 then £75 then £100 because he didn't pay on the due date. Be careful!!

 

If they threaten court proceedings, you can tell them you will be happy to let a judge have a look at their interest rates and business methods!

 

Ell-enn

 

 

Top advice!!!!

 

Forgot to even consider that one.

 

'Lose' the card that they have the details of, and get a replacement. Report that 'loss' right now.

 

Ensure that any other standing orders or direct debits are also stopped right now

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Getting well into this one now

 

Spamheed has set me off

 

they will complete an assessment of your lifestyle,

 

So.... what if you were to greet their visit by opening the door wearing a smoking jacket with white tipped cigarette in one hand and a 2 litre plastic bottle of John Smiths in t'other hand.

 

And if he / she dare request to use you loo, make sure there is one of these at hand....

toilet paper.jpg

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Hi. Blowing Bubbles - I have EXACTLY teh saqme problem at the moment. Got a loan with Wonga in november and lost my job and then miscarried my first baby...been in and out of hospital for 2 months. Therefore I havent paid the debt back.

 

Had chainey demato on the phone...tried to agree a payment which they wouldnt accept. They have been round to my old address and threatened my parents that they will take the family car. Its all awful. I dont know what to do!

 

I want to send that letter somebody pasted above...however I cannot find Chaineys address.

 

Blowing Bubbles do you have it please??

 

 

 

Kate.

 

 

Hello Kate

 

You really should start your own thread. This will get you direct help to your specific situation. I'd like to help anyone whom is in said difficulties, and where they have doorstepped you already.

 

Whilst you start your own thread, i'll quickly copy in a standard letter here, for you to read over. If you get your own thread i'll review and throw a few more points in there. They really appear to have gone quite a way to subjecting you and your family to phsychological harassment and they are well out of line!!

 

____________________________________________

Dear XXX

 

In a direct response to your recent activities / letter, dated xx xxx xxxx, received at this address on xx xxx xxxx. [Delete whichever is not applicable]

 

 

I DO NOT WISH TO RECEIVE ANY REPRESENTATIVE OF YOUR ORGANISATION, OR INDEED AN AGENT OR REPRESENTATIVE EMPLOYED BY ANY ORGANISATION THAT YOU ISSUE INSTRUCTIONS TO.

 

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 FOR DAMAGES FOR A TORT OF TRESSPASS AND ACTION WILL BE TAKEN, INCLUDING BUT NOT LIMITED TO , POLICE ATTENDANCE.

 

 

I also caution you here that should you ignore my request on this point, the actions of your representative(s) will happily be recordedeither by CCTV or by telephone recording equipment – whichever is applicable. Accordingly I reserve the right to use any evidence of you or your representatives’ ignoring this request in connection with any actions that I choose to pursue, including media exposure.

 

Should it be your intention to disregard my wishes, and break your obligations, please be advised that the following rules also apply, as laid down by the OFT in respect of debt collection, and that you, as a holder of a consumer credit license, are obliged to follow:

 

The areas of the OFT guidance which applies to you in this instance are:

 

Debt collection visits

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

f. visiting or threatening to visit debtors without prior agreement when the debt is deadlocked or disputed

 

Deceptive and/or unfair methods

2.8 Examples of unfair practices are as follows:

 

k. not ceasing collection activity whilst investigating a reasonably queried or disputed debt.

 

 

I do believe this makes my position clear and unambiguous.

 

Yours Faithfully

 

 

__________________________________________

 

 

You should be a bit more comfortable that you have found the right area to assist you though:)

If my advice or input has helped, by all means tip my scales

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