NEW user here wanting help please

[gust]

hi

 

i have used this template to send to TWO different DCA's

 

Dear Sir/Madam

 

Account no:

 

You have contacted me/us regarding the account with the above

reference number, which you claim is owed by myself/ourselves.

 

I/we would point out that I/we have no knowledge of any such debt

being owed to (insert company name).

 

I am/we are familiar with the Office of Fair Trading Debt Collection

Guidance which states that it unfair to send demands for payment to an

individual when it is uncertain that they are the debtor in question.

 

I/we would also point out that the OFT say under the Guidance that it

is unfair to pursue third parties for payment when they are not

liable. In not ceasing collection activity whilst investigating a

reasonably queried or disputed debt you are using deceptive/and or

unfair methods.

 

Furthermore ignoring and/or disregarding claims that debts have been

settled or are disputed and continuing to make unjustified demands for

payment amounts to physical/psychological harassment.

 

I/we would ask that no further contact be made concerning the above

account unless you can provide evidence as to my/our liability for the

debt in question.

 

I/we await your written confirmation that this matter is now closed.

Otherwise I will have no option but to make a complaint to the trading

standards department and consider informing the OFT of your actions.

 

I/we look forward to your reply.

 

Yours faithfully

 

 

 

(Your Name) Print do not sign

 

 

 

one firm is CAPQUEST who keep phoning alot too!

 

first letter back seemed to ignore my letter and tell me about pre-litigation and valid checks etc.. (what ever this all means!)

threatening me with bailiffs and a walking possession agreement..

also court action....

 

THEN another letter came - they replied to the above letter ASKING ME TO SEND THEM ID - driving liscence etc AND where i lived at a specific date......

 

 

How should i deal with this now?!?!

 

 

 

the other firm is lowell/red debt (same company??)

 

i sent the above templete letter to red and they replied

 

we write in respect of theabove debt, which, as previously notified in writing we have purchased from vodafone. we would advise that the nil balance shown on the statements relates to when vodafone removed this account from their system in preperation for the sale to us. This does not mean that there has been any payment received against the account or that your liability for payment has been removed.

We are now entitled to receive payment of the balance of £XX.XX from you and enclose a copy of your statement as requested. Neither vodafone nor ourselves are aware of any reason for non-payment.

Please kindly make payment of the outstanding debt or contact us within 7 days of the date of this letter to agree acceptable payment proposals, failing which we reserve the right to instruct our solicitors to issue legal proceedings against you without further notice.

 

the "statement" they provided was only a print out from thier own INTRANET site... NOT FROM VODAFONE.... it just shows some previous payments while the phone was active... it doesnt even have my name one it....

 

Is this proof of liability???

 

!!!!!

 

to further this i get ANOTHER letter from Hamptons legal (same address as lowell/red) saying they are instructed to asses my account for litigation purposes...

 

threaten of court action - bailiffs or payments straight from my employers....

 

 

seems like lowell group / red DCA / hamptons legal credit liscence number 528607

 

 

how should i deal with this one too??

 

 

 

many thanks - hoping for some advise soon

[silverfox1961]

Hi Assuming you sent your letters recorded delivery, just place the letters in the ignore pile.

If they have no proof the debt belongs to you, they can do nothing. You have asked them to prove it. your job is done for now.

If they ring you refuse to answer any security questions and tell them "In writing only"

Any threatening letters they send, keep them safe and remember, that's all they are, threats.

Only a court can order bailiffs in, not a DCA.

It's all "mays" and "coulds". you won't see "wills" very often on their threatograms.

 

fox

[vexlitigant]

 

THEN another letter came - they replied to the above letter ASKING ME TO SEND THEM ID - driving liscence etc AND where i lived at a specific date......

 

 

How should i deal with this now?!?!

 

 

 

 

Just giving you a quick input as i'm logging off in a few mins (you will get more replies)

 

You are under NO obligation whatsoever to send ANYONE ID. They have no more legal right to ask this off of you than i do.

 

You have seen the preferred practice of debt colection ****, in that they appear to get heavy when you do not capitulate at the first hurdle. You must continue to stand firm. They will p*** off and find some easier quarry after a while.

 

As for the phone calls. Tell any caller to contact you in writing only, the politely hang up. If they persist, then i find that speaking complete nonsens to them helps your sanity.

 

Vex

[gust]

dang...

 

i sent them first class - what a dummy...

 

shall i resend the same letters?

[manchester1]

gust , its exactly as the fox says

 

Manc1

[cerberusalert]

As you've noticed they are all the same group. They are passing the account down the DCA foodchain & without doubt you will receive a letter from MacKenzie Hall who are the bottom feeders in the fish tank of life!

[gust]

thanks

 

should i resend letters via recorded??

 

also i havent responded to hamptons legal....

 

ignore? or send them same letter?!

Edited January 19, 2009 by gust
typo

[silverfox1961]

dang...

 

i sent them first class - what a dummy...

 

shall i resend the same letters?

 

To be on the safe side I would do so.

Okay it's gonna cost you £1.08 each but they then can't deny ever receiving them which I guarantee they will if you can't prove they received them.

 

fox

[silverfox1961]

Ignore Hamptons. they are just the leeds losers pet solicitors (you know, the ones that can't get a proper job) IGNORE

[gust]

ok

 

will send to PAPquest and red debt then

 

 

 

thanks for the rapid replies!

[vexlitigant]

dang...

 

i sent them first class - what a dummy...

 

shall i resend the same letters?

 

No.

 

They got them allright. The postal service is deemed to be effected by properly addressing, pre-paying and posting a letter containing your document, and unless the contrary is proved, to have been effected at the time at which the letter would be delivered in the ordinary course of post:

 

1st class = second working day after posting

2nd Class = fourth working day after posting

[manchester1]

I am sure we could write the script for lowell/red/hamptons, with the last letter being "we write to advise you we will no longer be chasing you for the said debt":D

 

Manc1

[silverfox1961]

No.

 

They got them allright. The postal service is deemed to be effected by properly addressing, pre-paying and posting a letter containing your document, and unless the contrary is proved, to have been effected at the time at which the letter would be delivered in the ordinary course of post:

 

1st class = second working day after posting

2nd Class = fourth working day after posting

 

Afraid I disagree with you.

If it ever got as far as the courtroom, who would be able to prove what?

that's why i said to resend as gust will have the definite proof where crapquest and lowlifes can't hide behind the "we didn't receive it"

I'm certain that they got the letters but we all know what tactics they use.

I've written to the leeds loses on many occasions by first class post and never got a reply from them. As soon as I sent by recorded, every letter was answered.

 

fox

[sam614]

funny that,we all seem to recieve their unrecorded crap.but they do cover themselves by stating VALID EVEN IF NOT READ BY YOURSELF

[silverfox1961]

funny that,we all seem to recieve their unrecorded crap.but they do cover themselves by stating VALID EVEN IF NOT READ BY YOURSELF

 

Yes, it seems like a DCA lives in the twilight zone hwere nothing is what it seems. That line would never stand up anyway.

 

fox

[gust]

ok

 

i think i will send them recorded again

 

as a failsafe

 

i didnt sign or even put the date on the last ones...

 

is it advisable to date them this time or not?

 

thanks

[sam614]

print name ,dont sign.

date it.

keep a note of postal order number.

track and trace for delivery.

 

all the proof you need,to stop them in their tracks....GOODLUCK...

[sploits]

I read somewhere that Royal Mail lose 18 million letters a year so better to be safe than sorry

[cerberusalert]

I read somewhere that Royal Mail lose 18 million letters a year so better to be safe than sorry

 

Don't you find it odd that they're all CCA requests tho'?

[sam614]

lol I would like to find all those quid postal orders

[lickthewallfatboy]

send everything recorded delivery

 

peace of mind is a wonderful thing

[sploits]

I agree totally with lickthewallfatboy. They have no dodgy come back if you have proof that they have recieved the letter via recorded/special delivery.

[gust]

Experian Credit Expert, check credit rating, credit reports & file alerts - with Experian CreditExpert.co.uk

 

i cant think where i seen the link for this site - ebay maybe?

 

 

is this site safe?

 

can this help me remove problems from my credit rating?

 

its pretty bad lol

[Happyfeet24]

I think you'll end up giving your details that are passed to dca's.

 

I can't see how that can remove problems from your credit rating.

[gust]

im already wondering how letters got to the address here...

 

i certainly didnt give it to any DCA's....