Regal Credit - make believe debt

[Barclaysbunny]

Hi I know how annoying and upsetting these people can be, and how upsetting it is for them when they realise that they've been instructed for a debt they can't get.

Regal Credit have been writing for some time regarding a Barclay's bank account. I've previously asked them to prove the debt. Needless to say, they couldn't adduce ANY evidence that I have anything to do with this debt. So, to get them back (see letters below), I've written to them about my own make-believe debt of £35,000. They claim I owe £3,026.42, so I've demanded they pay the difference. As with their policies, I can't adduce any evidence, but what's good for them is good for me.

They wrote on 13/01/2009:

"You recently requested a copy of the original signed application form for your bank account to which the overdraft relates.

However, as the above amount [of which there wasn't actually one] relates to a historic bank account this documentation cannot be provided. Your responsibility for the liability remans although we acknowledge that in accordance with the current Consumer Credit Legislation no legal action can be taken as part of our recovery process.

You should be reminded that while the above liability is under our management, no further interest or charges are applied. However, if payments are not made, interest can be applied retrospectively. Your account could also be passed to our Field Agents at the end of this month.

Should you be experiencing hardship, the Field Agent will complete and [sic] Financial Analysis with you. This needs to be supported by evidence of income, assets, expenditure and liabilities.

To avoid action being taken it is IMPORTANT that you contact us immediately on 00441276470532 [i swear, that is exactly how they wrote it] to arrange repayment of your liability.

Yours sincerely

Louise Gahan

Collections department

[email protected]

 

As they are demanding a make-believe debt that cannot be evidenced, it struck me that I can randomly write to them demanding a make-believe sum of money. Unfortunately for them, they owe me £35K, so that wipes out their £3K - who would have thought it!! So, my letter to them reads:

 

Thank you for your letter of 13th January 2009 regarding the above mentioned make-believe debt. I note in your letter that you state that I am still liable for the debt. You also note that you are unable to evidence, in any way, this make-believe debt.

 

I note from my records that Regal Credit Consultants Limited currently have an outstanding debt with me for £35,000.00.

I would be obliged if you could arrange for payment of this debt. I am unable to adduce any evidence for the debt, but you do remain liable for this debt non-the-less. Please make the cheque payable to [barclaysbunny] in the sum of the outstanding sums of £31,973.58, and ensure that I have received the balance within 10 working days of the date of this letter.

 

Yours faithfully

 

 

I know it's not fair that they owe this money, but you know, if they owe me it, they owe me it, and my heart does go out to them that their make-believe debt is less than mine, but that's how things go sometimes.

Edited January 14, 2009 by Barclaysbunny
contained personal info

[cerberusalert]

You should have added that you will send your 'Licenced Field Agents' (The Milky Bar Kid & Scooby Doo) to collect & that you will charge them for the privilege:D

[Barclaysbunny]

Read that literally 1 min after emailing it, I wish I had thought of that one!!

 

I have previously written to them and warned them that I will seek injunctive relief if they contact me again. I, obviously, will be seeking an injunction against them if they continue to claim I owe £3K and they do not pay their £31K debt to me.

Your post has made me smile. Thank you

[cerberusalert]

If all else fails, there's always the 'Glasgow Kiss'-o-gram:)

[Barclaysbunny]

Or I could instruct a debt collection agency to collect this debt from them. They seem to accept instructions on other make-believe debts, so they'll have no problem with mine

And I would love it if some t055er turned up at the door demanding money for them, I would absolutely have fun with that one - I live in a new build flats, so to get in s/he would have to get past security controlled doors - the police would have no option but to arrest them - that, of course, would be after I've stripped them to the bone with demands for the money their employer owes me!!

[ODC]

What a bunch of tossers. They admit that there is NO legal action they can take against you for recovery yet they go on to say that they will begin to charge interest on this sum that they cannot recover. Then in a bid to make themselves appear even more idiotic they go on to say that they will send a Field Agent round to your house to carry out a financial assesment for your ability for this debt that they themselves admit that they have no legal way of collecting. And I thought Lowells were idiots.

[hillards]

Your account could also be passed to our Field Agents at the end of this month.

Should you be experiencing hardship, the Field Agent will complete and [sic] Financial Analysis with you. This needs to be supported by evidence of income, assets, expenditure and liabilities.

Cloud cuckoo-land ! Let them demand all they like, you don't have to do what they say.

 

I normally suggest that failure to provide a vaid CCA on request should be followed up with a copy of IdaInFife's letter - http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/172071-letter-co-solicitors.html#post1856406 - to tell them clearly where they stand and not to bother you further.

 

However, playing fire against fire seems to have an attraction! I've got a series of invoices going to Capital One for bothering me on the phone,. when the calls are not even for me. They either stop calling and pay compensation or I take court action, I've made it quite clear. In your case they can't just tell you to stop playing silly beggars with them as that would invalidate their own claim for an amount they cannot prove!

[cerberusalert]

What a bunch of tossers. They admit that there is NO legal action they can take against you for recovery yet they go on to say that they will begin to charge interest on this sum that they cannot recover. Then in a bid to make themselves appear even more idiotic they go on to say that they will send a Field Agent round to your house to carry out a financial assesment for your ability for this debt that they themselves admit that they have no legal way of collecting. And I thought Lowells were idiots.

 

It's a pity Darwin isn't around he would have found the 'missing link'.

[Barclaysbunny]

I think you may all be amused by this. Regal Credit, despite my previous letter (above) and their acceptance that they cannot evidence a debt!!!! - I mean, they cannot provide me with ANYTHING that would show that there is even a suspicion of a debt - literally, they have just randomly written to me demanding money!!!! So, I email the above letter, below is their reply today (oh, I am so frightened!) and my reply to them. If the threat (if it can be called that) is meant to bully me or suddenly make me cry and shout up to the skies "please Lord, save me, let me please pay these people money I don't owe them" they singularly failed - and as a lesson to others, believe me, I will be taking them to court next week and I WILL get an injunction and a costs order. Here's today's emails:

Dear Mr BarclaysBunny,

I have instructed our field collection team to attend your property to discuss this matter with you in person.

Rebecca Quinlan

Collections Supervisor

Regal Credit Consultants Limited

tel: +44 1276 470505

fax: +44 1276 470503

email:[email protected]

 

MY REPLY:

Dear Ms Quinlan

As previously stated, I do not owe your company any money, which you

have accepted by being unable to evidence the debt. I revoke, with

immediate effect, any implied and/or expected license to attend this

property. Any common law license with regards to rights to trespass

are revoked explicitly with regards to you, your company, employees

agents or associates. I live in a gated community. If I find that any

person(s) connected with your company, associates, employees, agents

etc should bypass the electronic entry systems and trespass in this

property, I will have them arrested. As stated, you have no basis to

claim that I owe a debt to you or your instructing company/firm/person

or entity, and as such, given my explicit statements herein, the

police will have no issue with arresting such a person.

You have been put on notice. If I am forced to address this further,

and especially if I am required to go to the tiresome steps of having

someone associated with you arrested, I will seek redress through the

courts, specifically an injunction and civil action further to the

Prevention from harassment act. I know that you have failed to

understand the law of evidence previously, so let me be very clear -

this email will be shown to a court in such an action, that is

evidence, as will your correspondence detailing your inability to

provide ANY evidence with regards to an alleged debt. Should I be

required to seek injunctive relief from the courts, I will, of course,

be seeking a costs order against you. My current rate is the current

statutory rate for my qualifications, and I will seek full costs at

that rate.

I trust I will not have to discuss this with you further.

Regards

BarclaysBunny

[PrettyPaula]

awesome

[Barclaysbunny]

Thank you Paula. I like the fact that I live behind a number of locked doors that need either a code or a key, so to get to my front door they'd have to evade them (people opening for them as they go through) - and I know from experience (ex-housemate's boyf) that the police treat it more seriously than if my front door was only a pavement's walk away!! I can't wait for them to knock, I'll literally ruin the guy's day - then sue for compensation from Regency.

[ScarletPimpernel]

Regal have tried their fairy stories with me too. All their responses to my letters reeked faintly of desperation and strongly of utter stupidity.

 

Touchingly, Regal sent a reply paid envelope with every threatogram. They didn't go to waste...

 

In the end they just faded away.

[Barclaysbunny]

Unfortunately for them ScarletP, I won't let them just fade away. I will be forcing them to remove their make-believe debt's from my credit file. I've also joined Barclays in this and told them to fix it - they'e been attempting to reply to me for over a month (I have had two leters saying they will get a reply to me). If Regal like bullying, they've just met someone who likes bullying back, and I bet I bloody win!!!

[Barclaysbunny]

Hi

I'm having "words" with Regal - they claim a debt but are unable to evidence it (let alone provide a CCA compliant agreement). I have posted elsewhere on this.

However, in my last communication to them (after I'd told them that they owed me £35K for a debt that I too was unable to evidence, but non-the-less it still stands etc etc) I told them I'd take out an injunction against them

Has any done this? Has anyone got an idea as to costs of doing it as a litigant in person?

[Goldlady]

What do you want the injunction for?

[Barclaysbunny]

They claim a debt that does not exist, they keep trying to hassle me - so, seeking in injunctive relief and stopping them contacting me again would be a novel of making them bugger off.