If love is so blind why is lingerie so expensive...???

[fedup21]

Just been looking at "costspart2". Bit presumptious of them to assume they are gonna get judgement, and imply they can use all those enforcements, and nearly choked when I read under Order for information, "interrogation will cover" INTERROGATION?????? Didn't know courts now interrogate the good people that come before them!!!! Bunch of jokers. Anyway, good luck, will follow thread to see how things are going.

[davey77]

The whole thing strikes me as an attempt to get cash. Standard template stuff.. for instance, i didn't see any requests from them previously under the Civil Procedure Rules. Therefore that recent comment is not applicable to you.

 

I would state that the tone and content of their inaccurate letter is highly intimidatory, offensive and purposefully misleading and contrary to OFT Debt Collection Guidance in that:

 

2.1 It is unfair to communicate, in whatever form, with consumers in an unclear, inaccurate or misleading manner.

 

b. leaving out or presenting information in such a way that it

creates a false or misleading impression or exploits debtors'

lack of knowledge

 

False representation of authority and/or legal position

 

b. falsely implying or stating that action can or will be taken when it legally cannot, for example, referring to bankruptcy or sequestration proceedings when the balance is too low to qualify for such proceedings or claiming a right of entry when no court order to this effect has been granted

 

...Amongst others.

 

I would call their bluff myself. Ask when the Court papers will be issued and the ask for information under the CPR yourself. Put them on the back foot.

 

There is also this aspect of OFT Guidance:

 

Physical/psychological harassment

 

2.5 Putting pressure on debtors or third parties is considered to be oppressive.

 

h. ignoring and/or disregarding claims that debts have been settled or are

disputed and continuing to make unjustified demands for payment

 

j. acting in a way likely to be publicly embarrassing to the debtor either

deliberately or through lack of care, for example, by not putting

correspondence in a sealed envelope and putting it through a letterbox,

thereby running the risk that it could be read by third parties.

I would take photos of the envelope and the 'legal docs' stamp and make a complaint to the ICO and OFT.

 

I would also, update (or start if you haven't done so) a complaint with SRA.

 

Don't forget to add your updated invoice for your time £££.

 

In a complaint letter to TS i would state that using the term 'interrogation' for as fedup says, that's totally misleading and and IMO against the spirit of the OFT Guidance above:

 

"b. leaving out or presenting information in such a way that it

creates a false or misleading impression or exploits debtors'

lack of knowledge"

 

I would be of a mind to email the Court and ask them if, under the above circumstance indicated by Turnbull, if that is officially classed as an 'interrogation'. I am figuring the answer is no therefore include that responce you get in writing to all and sundry when you complain.

[davey77]

PS. Have you received a Default Notice of any kind?

[fedup21]

Well said Davey, the documents are misleading in their content and their wording, and are definately worded in such a way as to cause alarm and distress, and mislead the recipient. If you go to HM Courts Service website, on tghe leaflets and guidance, information on an order to obtain information is provided. It simply says, "you will be questioned under oath" It does NOT say "you will be interrogated" In fact, I bet if you actually go through HM site, you may even find HFO/Turnbulls have copied, then re worded some of the info on the leaflets. This, in my opinion, is done purposefully to cause alarm and distress, and to mislead you, and as Davey says, is agaisnt OFT guidelines.

[davey77]

Any updates firewalka?

[firewalka]

Hey Davey...

 

Loooonnggg time no speak....

 

Have been out of the country for a while and the interesting thing is there has been no mail from Turnbulls**ters and as my ex misses changed the phone number as well there has been no phone correspondence either...

 

The other delight I had on my return is that she has decided to go bankrupt and has decided to hand the keys back of the house so has moved is into rented accommodation...

 

Just as a matter of interest as a consumer are we bound to give out correspondence address or tell creditors where we are living...???

 

Your thoughts would be appreciated...

 

TTFN...

[davey77]

Sorry i missed your last post.. all change here and haven't been very active.

 

I suspect there is a 'duty' somewhere (might even be in the credit agreements?!) that says you should inform the creditors of a change in circumstance (including address).

 

But to be honest if you are stressed out and can't pay and they haven't listened to your demands for information etc etc then its understandable (in my opinion) if you were to forget to inform them of a move.

 

I guess that's why we have Statute Barred legislation at least, in part, in situations where the creditor looses touch with a valued customer.

[davey77]

Keep in mind though that if they really really really wanted to track someone down.. they could. DVLA sells drivers details to any creditor that pays a small fee. And you have to register your car to a new address in Law which you can't get away with not doing.

 

But it's all about what assets they think you have, the strength of their case against you and value of debt as to whether that's all worth while for them... or not.