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    • "We suffer more in imagination than in reality" - really pleased this all happened. Settled by TO, full amount save as to costs and without interest claimed. I consider this a success but feel free to move this thread to wherever it's appropriate. I say it's a success because when I started this journey I was in a position of looking to pay interest on all these accounts, allowing them to default stopped that and so even though I am paying the full amount, it is without a doubt reduced from my position 3 years ago and I feel knowing this outcome was possible, happy to gotten this far, defended myself in person and left with a loan with terms I could only dream of, written into law as interest free! I will make better decisions in the future on other accounts, knowing key stages of this whole process. We had the opportunity to speak in court, Judge (feels like just before a ruling) was clear in such that he 'had all the relevant paperwork to make a judgement'. He wasn't pleased I hadn't settled before Court.. but then stated due to WS and verbal arguments on why I haven't settled, from my WS conclusion as follows: "11. The Defendant was not given ample evidence to prove the debt and therefore was not required to enter settlement negotiations. Should the debt be proved in the future, the Defendant is willing to enter such negotiations with the Claimant. "  He offered to stand down the case to give us chance to settle and that that was for my benefit specifically - their Sols didn't want to, he asked me whether I wanted to proceed to judgement or be given the opportunity to settle. Naturally, I snapped his hand off and we entered negotiations (took about 45 minutes). He added I should get legal advice for matters such as these. They were unwilling to agree to a TO unless it was full amount claimed, plus costs, plus interest. Which I rejected as I felt that was unfair in light of the circumstances and the judges comments, I then countered with full amount minus all costs and interest over 84 months. They accepted that. I believe the Judge wouldn't have been happy if they didn't accept a payment plan for the full amount, at this late stage. The judge was very impressed by my articulate defence and WS (Thanks CAG!) he respected that I was wiling to engage with the process but commented only I  can know whether this debt is mine, but stated that Civil cases were based on balance of probabilities, not without shadow of a doubt, and all he needs to determine is whether the account existed. Verbal arguments aside; he has enough evidence in paperwork for that. He clarified that a copy of a DN and NOA is sufficient proof based on balance of probabilities that they were served. I still disagree, but hey, I'm just me.. It's definitely not strict proof as basically I have to prove the negative (I didn't receive them/they were not served), which is impossible. Overall, a great result I think! BT  
    • Seeking further advice now. The 33 days in which the defendant has to submit a defence expires at 16:00 tomorrow. The defendant has submitted an acknowledgement of service but looking to get the claim awarded by default in failure to submit the defence. This is MoneyClaim Online and can see an option to request a default judgement but believe that is for failure to acknowledge the claim within 14 days??  So being MoneyClaim Online, how do I request the claim be awarded in my favour?
    • Have to agree with the above Health and safety legislation is specific in that the service provider in so far as is reasonably practicable, the health, safety and welfare at work of all his employees and those not in the employ of the business. You claim is like saying you slipped in the swimming pool area while taking a dip. As rightly stated by by the leisure centre, a sports hall has dedicated equipment and you yourself personally have a legal obligation in mitigating danger or injury to yourself by taking account of your immediate surroundings. Where your claim will fail is if it is reasonable and proportionate to impose liability of the Leisure Centre? The answer has to be no.
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DCA: "NCO" debt collectors - what to do?


chrysalis
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Dear All

 

I am replying from Ireland to this topic as today (Tuesday 14th April) I received a postcard from NCO threatening me that a P BROWN would be calling me today between 8am and 8pm. When I got this, the fear of God was put into me and I immediately had visions of a debt collector banging on my door that very day.

.

 

Well mine stated a mr C GREEN would be turning up... perhaps mr F ORANGE or T BLACK would be coming along also :D:D:D:D:D

 

they are a Bunch of muppets

 

S.

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OOps, pressed the enter button by accident

 

as I was saying, we will have the full cast of THE USUAL SUSPECTS!! I wonder if their staff listing reads like this:

 

MR PINK, MR BROWN, MR BLACK, MR GOB****E, MR MUPPET, MR TOOL, MR MICKEY, MR I DON'T HAVE TO GIVE YOU MY FIRST NAME, MR DO YOU HAVE A LAW DEGREE

 

Put those people in their place and they are nothing more than a laughing stock of school yard bullies who could never get a decent job anywhere else - and they know it.

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Thanks, Seminole.

 

The telephone thing is interesting, because of my agoraphobia I don't answer the telephone - I have caller display, and if the number is withheld, or it's a number I don't recognise, I can't answer at all. Even so, there seems to be an awful lot of withheld numbers and "international" ones coming up on the display, and they never leave a message on the answering machine. I guess it is harrassment of sorts, but I would imagine it'd be very difficult to trace.

 

I have some empathy with your condition , can I suggest contacting your telephone provider to have unknown/witheld numbers blocked , this is an easy procedure , or change your no. _ no calls no problem . I am ashamed to say I once had one of these doorstep lizards call , I asked him to leave my property , he dithered , I put my boot up his a**e , he never came back , which is a shame as my dog wanted to meet him .

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Well mine stated a mr C GREEN would be turning up... perhaps mr F ORANGE or T BLACK would be coming along also :D:D:D:D:D

 

they are a Bunch of muppets

 

S.

 

If you look in the back of your local /regional paper you will often see adverts for "local representatives' for debt-collecting businesses like Moorcroft , this implies to me some sort of commission based , result driven freelancing . One would have to be a bit of a desperate loser to take a job harassing their own community for other peoples alleged debts imo . So that in mind ignore the clipboard **** , they have no powers really unless you let them . Deal with the originator in writing only and have a look at the other CCA threads on this site to see if the alleged debt is valid/ enforcable anyway. That will learn them .

THE OPINIONS EXPRESSED HERE ARE MINE ALONE AND I AM ENTITLED TO THEM

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  • 4 weeks later...

Hi all, We had a similar situation with NCO regarding 3 (mobile/internet network in Ireland). Basically my sister also recievd this "card" through the post informing her that there would be somebody calling but she as she went off travelling last Feb this was the first we heard of an outstanding amount and a dept collector calling to the door!! After speaking with my sister she assured me she cancelled the internet connection with 3 mobile so was quite upset to hear they were sending threating letters to her! It gave my mum a fright also as she lives alone since my sister went off on her travels so I told her I would sort it out. I tried contacting NCO but was told that they would only speak to my sister ,then when I tried to explain she was travelling the other side of the world (which I can understand to a certain extent but in a situation like this there should really be somebody willing to speak with me) he basically said she HAD to call and then he hung up on me!!!! the outstanding amount is only €44.48 and I really do not want this hanging over my sisters head OR threatning letters coming into my mums house I was wondering is there anything advice at all you could give me. My sister is adament she cancelled the contract with 3 but I am willing to pay the amount if it comes to it just so these sort of letters do not come into my mums house again!! Thanks in advance to any help/ suggestions you may have.

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  • 3 months later...

Hello all,

 

I've been targeted by NCO for a few months now for a non-existent debt. I won't bore you with the details.

 

I'm here to ask if everyone could email The Office of Fair Trading (OFT) about them. Companies like NCO have consumer credit licences. They must act properly to hold theses licences or the OFT revoke them. NCO clearly are not behaving properly. The OFT need a fairly substantial amount of evidence to act though, so please write to them explaining everything that NCO have done wrong: excessive calling, threats, ignoring letters and requests not to call, trespass etc. Give dates and details.

 

The OFT don't take up individual cases. But NCO are clearly acting outside the law and I hope that if a few more people write to the OFT, they will take action, possibly to cease NCO from trading.

 

Email [email protected]

They will respond within 10 days and ask for permission to use your details should they take any action, so please give it.

 

Thanks.

Edited by rocket1039
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  • 4 months later...

Dear Sir or Madam,

 

Account Ref xxxx

 

Please be advised that I will only communicate with you in writing. I have noted your repeated attempts to contact me by telephone over the past few weeks/months and these have been duly logged by time and date.

 

Furthermore, should it be your intention to arrange a “doorstep call”, please be advised that under OFT rules, you can only visit me at my home if you make an appointment and I have no wish to make such an appointment with you.

 

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 & Short Ltd [1959] 2 QB 384

. 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, you will be liable to damages for a tort of trespass and action will be taken, including but not limited to, police attendance.

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