debt collector trouble.

[bazaar]

sent the CCA off to NDR today. it will be with them tomorrow.

 

wescott sent me a letter today saying if i pay £58 they will reconnect my phone and transfer my account back to O2. i don't have £58 to pay it, but even so, it all sounds a bit too generous for wescott.

 

Hi Shane

Well I havent seen a Wescot Phone store anywhere, Has anyone seen them on the High Street?

They'll take your 58 quid and you wont get yer phone back online.

[shane247]

as i said in an earlier post, i sent a CCA request to NDR who were dealing with my Littlewoods account.

 

today i recieved a reply, 13 days after i sent the letter.

 

the letter is not from NDR who i sent it to, but from littlewoods themselves.

 

the letter reads;

 

Dear Mr..

 

'We refer to a recent request for a copy of your agreement.

 

Unfortunately we are unable to locate a copy of an executed agreement, but for your information we enclose a copy of the current agreement which applies to this type of account. This version includes all contractual variations which have taken place.'

 

It then goes on to say how much i owe, and how much i've payed them in the past etc.

 

What they've enclosed is basically there terms and agreements.

 

What should i do next?

[bazaar]

OK keep that letter, make copies of it for whoever end up chasing you for this. After the timeframe on your CCA request, you MUST send them the Default letter and put the account into dispute. They have admitted they do not have an agreement with you that they can find.

Now its up to you if you pay them anything. Because they cannot prove you have taken an agreement with them.

Any DCA who chase you, you can send the copy of that letter and tell them where to go.

[godpikachu]

its so rare for a company to openly admit they havent got a credit agrement, so like bazaar says make sure you keep this letter somewhere safe, as it is all you will ever need to keep them off your back.

 

now, you need to send them something like this....

 

 

Dear sir or madam.

 

Thank you for your letter dated (date), in which you state that you do not have a copy of my original credit agreement.

 

Unfortuneatley, the document you enclosed, containing your current terms and conditions, does not satisfy the requirements of section 77/78 of the consumer credit act 1974, whihc states that on request you are obliged to provide a signed "true copy" of my original credit agreement.

 

As such I now place this matter in a state of default, and consider it to be under serious dispute.

 

As such, you are not entitled to do the following:-

 

You may not request payment, nor am I obliged to offer any.

You may not attempt to pass this matter onto a third party.

You may not attempt to begin legal proceedings against me.

You may not make any additions to my credit file.

 

Until such time as you are able to provide me with a signed "true copy" of my original credit agreement, I will consider any communications from yourselves to be harassment, and as such you can be charged accordingly under the Protection from Harassment act 1997 and section 40 of the Administration of Justice act 1970, in addition, I will levy a charge against you of £10 for each letter you send to my address which does not contain the requested documentation. Renumeration for the amount is to be paid by cheque made out to me within 14 days of any nvoice i send to you.

By signing for and accepting this letter it is assumed that you understand and will abide by these terms.

 

Yours

(print name dont sign)

 

It probably wont be the last you hear from them, they will beat their chests a bit and come out with some pseudo-legal crap but now you have a written confession from them stating they dont have your CCA then they've pretty much voided any right to chase you legally for any debts, so you wont be hearing about any impending legal action, and, if you do, I can tell you now that they are just trying to scare you.

 

Of course, if they allocate it to a DCA, all you need to do is send them a bemused letter along with a copy of their admittance letter.

[shane247]

thanks for all the help again guys. i'm definately going to use that letter template. am i sending this letter to Littlewoods head office then? i sent the CCA request letter to NDR, but the reply was from Littlewoods directly..

Edited January 29, 2009 by shane247

[shane247]

first thing monday i'm gonna send the default letter to NDR, and also a CCA request letter to Viking who i've mentioned before. i've also just typed up a letter for O2 offering a small payment every month.

 

i got a letter from the adorable Wescot this morning haha, i can't wait to get rid of these idiots. their letters are pathetic, they try to make them look all scary and threatening.

[shane247]

GRR!

 

what is it with these people?!

 

if you read above you will see the template letter that 'godpikachu' made for me to send to O2, which i did. i sent it to the address that is on the bottom of the letters they have sent me in the past. i sent this letter first class recorded last wednesday.

 

YET, in the post today i just got a letter from Wescot saying the following..

 

 

 

FINAL NOTICE

 

Despite previous correspondence a balance still remains outstanding on the above debt.

 

Unless you make payment of £xxx.xx within the next 14 days a Claim Form/Summons may be lodged with Hull County Court and subsequently issued to you for payment of the outstanding balance plus all statutory legal expenses as follows:

 

Amount Claimed - £xxx.xx

Legal Expenses - £95.00

 

Payment Due Before: 27th February 2009

 

 

 

what do i do now?! how do i know if O2 got my letter or not?

[bazaar]

You'll need to check the royal mail site for delivery.

Notice they have stated 'May' so its just a threatogram.

If youre a little angry you can copy the letter that littlewoods sent you.

Send them the harrassment letter

Tell them also that you are charging them #20 pound or so per letter and attach an invoice to be paid to cover your time.

[shane247]

i used the royal mail site and it says the letter has been delivered.

[bazaar]

OK so from date of delivery they have 12 + 2 working days to comply.

Any more threats you can let them know that you are awaiting this and send another invoice.

[godpikachu]

ok, here is my advice for the situation as it stands at this time...

 

 

02

 

You sent o2 the letter i suggested by recorded delivery yes?, and you have proof it has been delivered yes?.

Fine, ignore wescot, let them take you to court if they want, which they in all likelihood wont.

You have made a written offer of payment to 02 for your phone bill, and they havent responded to it.

 

I would send wescot a letter by recorded delivery stating that you have been dealing directly with 02 on the matter and that you have made an offer of payment directly to them and are awaiting their acceptance.

State that as you are dealing directly with 02 on the matter no furthur correspondance will be entered into and any legal action taken against you will be considered unlawful and vexatious.

 

Littlewoods

 

Littlewoods have written to you admitting that they dont have a valid CCA...thats the end of this. NDR will keep beating their chests and sending you worthless threat o grams.

Next time you get a letter from NDR respond to it, including a copy of Littlewoods confession and tell them that until such time as which they can provide a valid CCA you will not be making a payment of any description to anyone with regards to this.

Tell them if they want to argue the toss on this matter to take you to court, which they wont do because they know damn well the case would be judged in your favour and they would be forced to pay you costs.

 

Any furthur letters from them after this should be filed under "Ignore", unless it contains a valid, signed CCA document from littlewoods.

[havinastella]

Just a quick point here Shane.

 

You say you are at College. How old was you when you opened the O2 account?

 

Jogs

[shane247]

urm, i would of been 19 i think.

[shane247]

i just typed this to send to Wescot, do you think it's okay?

 

feel free to point out anything i should change.

 

 

 

 

 

 

Reference Number: xxxxxxxxxxxxxxxxxxxx

With reference to the above account I am now dealing directly with O2 and have made them an offer in writing in regards to paying off the debt I owe with them. They have received my letter and therefore I will not be corresponding with you any longer.

Any contact you try to make with me via phone or mail I will class as harassment and you will be in breach of Section 40 of the Administration of Justice Act 1970, and the Protection from Harassment Act 1997.

If you continue to harass me by telephone, you will also be in breach of the Communications Act (2003) s.127 and I will report you to OFCOM, Trading Standards and The Office of Fair Trading, meaning that you will be liable to a substantial fine.

Be advised that any further telephone calls from your company will be logged for future evidence.

Yours Sincerely

[nish40]

Ebuyer are a bit like ebay, but they charge you a weekly fee for being a member. They are very easy to scare off.

I joined them, they ask for card details as a security for payment on anything you buy through the site. What they dont make clear is you end up paying about £1.99 a week subscription, i cancelled mine with the bank as i did not realise at the time you pay them, and i got a few emails asking for payment.

I fired 2 emails back telling them i do not agree to pay for their services. That was it.

Advice is to email ebuyer tell em to get lost, thats it , any threats just repeat the process, a few times and they will dissappear

 

 

Secondly, Westcot WONT take you to court, they pass accounts on to Robinson Way, another Shyster company, just ignore them and do as advised earlier by people in the thread

Edited February 17, 2009 by nish40

[godpikachu]

i just typed this to send to Wescot, do you think it's okay?

 

feel free to point out anything i should change.

 

 

 

 

 

 

Reference Number: xxxxxxxxxxxxxxxxxxxx

 

With reference to the above account I am now dealing directly with O2 and have made them an offer in writing in regards to paying off the debt I owe with them. They have received my letter and therefore I will not be corresponding with you any longer.

 

Any contact you try to make with me via phone or mail I will class as harassment and you will be in breach of Section 40 of the Administration of Justice Act 1970, and the Protection from Harassment Act 1997.

 

If you continue to harass me by telephone, you will also be in breach of the Communications Act (2003) s.127 and I will report you to OFCOM, Trading Standards and The Office of Fair Trading, meaning that you will be liable to a substantial fine.

 

Be advised that any further telephone calls from your company will be logged for future evidence, and that should this harassment continue I will take legal action against you.

Furthurmore, for every letter and telephone call i recieve from you from now on, i will levy a charge against you at a rate of £10 per phone call and £15 per letter, which i expect to be paid promptly by cheque made out to me within 7 days of you recieving my invoice.

By recieving and signing for this letter it is assumed that you understand these charges and hereby agree to pay them once levied, if you have any objection to these charges then i request that you submit written reasons to me by return of post as to why you think these charges are unfair.

 

Any implied license which you may believe you have to telephone me or send someone to my address is now totally revoked.

Telephone calls will be regarded as harassment,and will be recorded for use as evidence.

Any visitors acting on instructions from yourselves to my property will be classed as trespassers and will be ejected from my premises using whatever force I deem required to remove them. The police will also be informed should any doorstep visits occur. This is your first and ONLY warning in this matter, and I expect you to abide by this order.

 

Yours Sincerely

 

This, including my amendments should be ok for wescot, they will probably send you some more crap but you can just ignore it in future and bill them for anything they send you.

[shane247]

i just got a letter from Viking, they were dealing with my GE Money debt. i sent them a CCA request last wednesday.

 

the letter reads;

 

YOUR FILE WITH OUR COMPANY HAS BEEN CLOSED

AND RETURNED TO GE CAPITAL BANK LIMITED.

LEGAL ACTION IS NOW COMMENCING.

 

 

wtf? if it's been passed back to GE what do i do now?

and will they really take legal action? they've been trying to ring me lately.

[shane247]

do i need to offer GE Money a small payment each month like i did with O2? this will be hard for me though. but legal action eek.

[godpikachu]

so, you requested a CCA from them and they are now commencing legal action?....have they sent you your CCA?, thought not.

 

you know what this means?....if, and i do mean IF, you recieve a form N1 from the court, your defence simply needs to be "i requested a CCA on (date), as of the time of filing this defence this request has not been satisfied."

 

they will say "erm, we dont have one"

 

then judge will then say " judgment for the defendant for costs incurred, case dismissed"

[shane247]

well i sent a CCA request to the address Viking gave on the bottom of their letter last wednesday and they haven't replied yet and i looked on the Royal Mail site and it says it was delivered. i sooo don't wanna go to court though.

[shane247]

the address i sent the CCA request to is apparently not their real one though, i found GE Money's real address today but i thought i was sending the CCA request to Viking not GE Money? and who would it be that takes me to court? Viking or GE Money?

 

 

confuseddddd and annoyed haha.

[sosumi]

i just got a letter from Viking, they were dealing with my GE Money debt. i sent them a CCA request last wednesday.

 

the letter reads;

 

YOUR FILE WITH OUR COMPANY HAS BEEN CLOSED

AND RETURNED TO GE CAPITAL BANK LIMITED.

LEGAL ACTION IS NOW COMMENCING.

 

 

wtf? if it's been passed back to GE what do i do now?

and will they really take legal action? they've been trying to ring me lately.

 

Shane check the date of this letter and compare it with the date Royal Mail says your CCA was delivered.

My guess is they received the CCA.

Also if they've 'returned the file' to GE, who's taking 'legal action' and why haven't they been more specific? Because they're not taking it, are they? IMO they want to alarm you. Check the dates.

[shane247]

i sent the CCA request wednesday 11th, they would of recieved it thursday 12th. the letter saying they're taking legal action is marked friday 13th (ironically).

[sosumi]

If you sent the CCA request to Viking, they should send it to GE Money.

[shane247]

hmm, should i send a letter to the new address i found for GE Money requesting a CCA?