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roxburghe and demanding phone calls


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Hi hope someone can help?

I owe Welcome finance 2k I have been paying a 3k loan since 2003, I had to stop payoing as i came out of work they called my previous emplyer who told them how to contact me, They came to my house and wouldnt go until i arranged to pay some money felt insecure was on my own with new baby I started payin off the depted to them at 40 pounds a month even thought this got me into further dept as i had just had a baby. I defaulted on this a couple of times due to my partner bein ill,I arranged to pay them the usal way they visited my door once a month but they then changed this sayin they wanted it payin by that friday by card or it would go to a debt colletor I had waited for them to come but thay went back on there agrement on the day they should of visited. I could not pay by card as i did not have one they already knew this.

I am now being chased by Roxburghe THEY PHONED MY WORK I HAD JUST STARTED BACK IN EMPLOYMENT I COULD GET THE SACK AS IT IS CLASSED AS SOMEONES HOME I AM SCARED THEY WILL PHONE AGAIN AS I WAS UNABLE TO PAY THIS MONTH AS THEY WERE DEMANDING 100 ponds a month I can not afford this I have paid it since end of last yr I just dont know what to do They are phoneing my house at least 5 times a day they have not sent me a letter yet.

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First send them a CCA request to see if they are entitled to collect this debt & if it's enforcable. If they fail to provide it within 12+2 days or the CCA is unenforcable you can legally withold any payment until they do. Send it recorded delivery enclosing a £1 postal order. When you get a reply, scan it & remove any identifying details and post it back here where we can have a look at it. We'll advise you from there;

 

Dear Sir/Madam

 

Re:- Account No: XXXXXXXX/Your Reference Number: XXXXXXX

 

This letter is a formal request pursuant to s.77/78 of the Consumer Credit Act 1974. I require you to provide me with a true copy of the credit agreement relating to the above account, together with any other documentation the Act requires you to provide.

 

I expect you to comply fully and properly with this request, within the statutory time limit. You are reminded that should you fail to comply with my request, the provisions of s.77 will apply.

 

If it is your view that you are not the creditor, s.175 of the CCA 1974 applies in the case of a simple assignment, and places a duty upon you to pass this request to the creditor. In the case of an absolute assignment, you are a creditor as defined by s.189. If you contend that you purchased the rights but not the duties of any agreement, you are reminded that s.189 of the Act is clear that an assignment is of both rights and duties.

 

Your attention is drawn to ss.5(2), 3(b),6 and 7 of the Consumer Protection from Unfair Trading Regulations 2008 (CPUTR).

 

I enclose a postal order in the sum of £1.00, which is the statutory fee. Note that these funds are not to be used for any other purpose.

 

If you are unable to comply fully and properly with this request, you should confirm this in writing at the earliest opportunity, and certainly within the statutory time limit for compliance, and return the fee.

 

You should also note that I will only discuss this matter in writing and 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 an appointment with you or any of your associates.

 

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 and Short Ltd [1959] 2 Q.B. 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, then you will be liable to damages for a tort of trespass and action will be taken, including but not limited to, police attendance. (Optional addition)

 

I look forward to hearing from you.

 

Yours faithfully **Edit to suit**

 

(Print do not sign signature)

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Also send them this;

 

Dear Sir or Madam

 

Harassment by telephone

 

I am writing in relation to the quantity and frequency of telephone calls that I have received from your company, which I deem to be personally harassing.

I have informed you that the person you are seeking does not and to my knowledge never lived at this address or held this telephone number.

I have verbally requested that these stop, but I am still receiving calls. (Delete if necessary)

I now require all further correspondence from your company to be made in writing only. [if you Want Them to]

I am of the view that your continued harassment of me by telephone puts you 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 recorded. (**Even if you don‘t yet have recording equipment!!**)

 

Yours faithfully,

Print name do not sign

  • Haha 1
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Thanks for that is it okay for me to do these letters in hand writing as my printer is broke, and would they make any difference as I have already payed some of the debt off in the last five yrs also they now where I live as I have spoke to a very cold and demanding lady from roxburghe last yr

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OK OK, please try to take a breath and stop worrying, there is oodles of help on here.

Firstly, if they ring you, just tell them 'everything in writing, everything in writing, everything in writing' if they ask you a question your reply needs to be 'everything in writing' if they ask you to go through any security questions, name, date of birth, postcode etc etc, refuse to answer them.

Eventually they will get the message and send you all correspondance in writing.

 

You should do the same, remember the golden rule of CAG;

NEVER SPEAK TO A DCA OVER THE PHONE

NEVER SPEAK TO A DCA OVER THE PHONE

NEVER SPEAK TO A DCA OVER THE PHONE

 

Then firstly I would send Roxburghe this letter template which is the Harassment by Telephone letter, and you must send all correspondance by recorded delivery, never sign your name, you can either print it or opt for a computer generated digital signature.

You can always ask your phone provider to block their number from ringing your home?

 

Secondly, did welcome finance supply you with a default notice? Basically telling you that you had missed X amounts of payments and unless you brought it up to date it would then be passed to a DCA?

Did they also send you a notice of assignment (NOA)?

And have you received a letter from Roxhurgh stating that they have now bought the debt, or are acting on behalf of their clients to seek payment for the amount outstanding?

 

Your other course of action would be to send the DCA (roxburgh) a CCA request.

If as I suspect, by the reputation that preceeds Welcome Finance, they won't have it, or won't be able to find it etc etc etc. Until they do, and it is a legally enforceable CCA then they cannot take any legal enforcement action against you.

As it seems it is early days yet, my priority would be to let this DCA outfit know that you are aware of your rights, to stop harassing you and to then provide you with the legal evidence that they can indeed collect any outstanding money you may owe.

Als ocheck to see if they have added any 'fees' or 'charges' for late payments etc, you can claim these back aswell:-D

 

If they threaten you with anymore 'doorstep visits' or 'collections' send them this;

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.

 

Yours faithfully,

Remember to print your name never sign it.

 

Don't forget also, that it is your property, if you don't want to talk to them you don't have to! Politely tell them to leave and shut the door.

 

Give them the template letter linked below through the letterbox or chained door.

 

http://www.consumerforums.com/resour...ep-visit-.html

 

Tell them to leave as you have nothing to discuss and all communication must be in writing.

 

Tell them you will call the police if they don't leave immediately.

 

Remain calm and polite at all times.

 

Walk away from the door so the visitor cannot try and talk to you.

 

If they don't leave, call the police to report that you are being harassed and the visitor refuses to leave.

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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Yes you can write it longhand;)It doesn't matter what you've paid, what is important is whether the agreement is enforceable or not. :)

 

Beat me to it again! I can't afford a receptionist8)

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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Thanks everyone will do all you have said and see what happens welcome have been on my case for five yrs never ending dept they havent even told me how much I have paid of it just sent letters saying how much I owe must of paided the debt 3 times over would'nt recomend to anyone.:(

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Yes you can write it longhand;)

 

 

 

 

Remember to keep copies of your letters though! :)

Magna res est vocis et silentii temperamentum

 

The great thing is to know when to speak and when to keep quiet.

 

(Seneca the Younger (attributed), Proverbs, 74)

 

 

Speech is given to many; intelligence to few - but if its well said, I said it!

:p

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  • 2 weeks later...

Have sent the letters got a nice letter from there solicitors today, Graham and White googled them dont seem to be able to find them. there saying its a final warning, faked signed by a micheal sobell

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Have you received the CCA back yet? If not send Roxburghe this;

 

Account In Dispute

 

Ref:

 

 

 

Dear Sir/Madam

 

 

 

Thank you for your letter of xx/xx/xx, the contents of which have been noted.

 

You have failed to respond to my legal request to supply me a true copy of the original Consumer Credit Agreement for the above account.

On **DATE** I made a formal request for a true signed agreement for the alleged account under consumer credit Act 1974 s77/8. A copy of which is enclosed for your perusal and ease of reference.

 

You have failed to comply with my request, and as such the account entered default on **DATE**.(12+2 days after you sent the CCA request)

The document that you are obliged to send me is a true copy of the executed agreement that contained all of the prescribed terms, all other required terms and statutory notices and was signed by both your company and myself as defined in section 61(1) of CCA 74 and subsequent Statutory Instruments. If the executed agreement contained any reference to any other document, you are also obliged to send me a copy of that document.In addition a full statement of this account should have been sent to me detailing all debits and credits to the account.

 

Furthermore;

 

You are aware that the Consumer Credit Act allows 12 working days for a request for a true copy of a credit agreement to be carried out before your client enters into a default situation. This limit has expired

 

As you are no doubt aware section 77(6) states:

 

If the creditor fails to comply with Subsection (1)(a) He is not entitled , while the default continues, to enforce the agreement.Therefore this account has become unenforceable at law.

 

As you have Failed to comply with a lawful request for a true, signed copy of the said agreement and other relevant documents mentioned in it, Failed to send a full statement of the account and Failed to provide any of the documentation requested, any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS. Furthermore I shall counterclaim that any such action constitutes unlawful harassment.

 

Please note you may also consider this letter as a statutory notice under section 10 of the Data Protection Act to cease processing any data in relation to this account with immediate effect. This means you must remove all information regarding this account from your own internal records and from my records with any credit reference agencies.

 

Should you refuse to comply, you must within 21 days provide me with a detailed breakdown of your reasoning behind continuing to process my data. It is not sufficient to simply state that you have a ‘legal right’; You must outline your reasoning in this matter and state upon which legislation this reasoning depends. Should you not respond within 21 days I expect that this means you agree to remove all such data.

 

Furthermore you should be aware that a creditor is not permitted to take ANY action against an account whilst it remains in dispute.

The lack of a credit agreement is a very clear dispute and as such the following applies.

 

* You may not demand any payment on the account, nor am I obliged to offer any payment to you.

* You may not add further interest or any charges to the account.

* You may not pass the account to a third party.

* You may not register any information in respect of the account with any credit reference agency.

* You may not issue a default notice related to the account.

 

I reserve the right to report your actions to any such regulatory authorities as I see fit. You have 21 days from receiving this letter to contact me with your intentions to resolve this matter which is now a formal complaint. I therefore request a copy of your official complaints procedure which you are obliged to supply.

I would appreciate your due diligence in this matter.

I look forward to hearing from you in writing.

 

 

Yours faithfully,

Print name do not sign

 

Send this to their puppet solicitor;

 

Dear Sirs

 

I refer to your letter of XXXXX 2009 which was received today.

 

Frankly, I am surprised of the need to advise a firm of solicitors about the terms and conditions surrounding my Consumer Credit Agreement request (Consumer Credit Act, 1974); dated XXXX 2009 for which I have proof of receipt . I can only assume therefore that they failed to inform you of their non compliance. Your client had until (date - 12+2 working days from date of sending CCA request) to comply with a legal request.

 

Should your client persist with threats of legal action as stated in your letter, I will welcome the opportunity for a judge to look at several defaults committed by xxxx under The Consumer Credit Act, 1974, as well as your client’s non-compliance with and total disregard for, both the banking code and OFT guidelines.

 

Also please note that I will ONLY communicate in writing, any calls made to me will be classed as harrassment and treated as such.

 

Yours faithfully

 

I refer to your letter of XXXXX 2009 which was received today.

 

Frankly, I am surprised of the need to advise a firm of solicitors about the terms and conditions surrounding my Consumer Credit Agreement request (Consumer Credit Act, 1974); dated XXXX 2009 for which I have proof of receipt . I can only assume therefore that they failed to inform you of their non compliance. Your client had until (date - 12+2 working days from date of sending CCA request) to comply with a legal request.

 

Should your client persist with threats of legal action as stated in your letter, I will welcome the opportunity for a judge to look at several defaults committed by xxxx under The Consumer Credit Act, 1974, as well as your client’s non-compliance with and total disregard for, both the banking code and OFT guidelines.

 

Also please note that I will ONLY communicate in writing, any calls made to me will be classed as harrassment and treated as such.

 

Yours faithfully

Print name do not sign

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I had a Graham White Solicitors (aka Micheal Sobell) send me a letter before action, as they state they are regulated by the Solicitors Regulation Authority and they have a registration number.

 

I checked with the Solicitors Regulation Authority and he is registered there but he is not lexcel accredited and he doesnt employ any other solicitors - hes the only solicitor as its his own account - he must have one heck of a caseload!

He's a dodgy git

 

(BC is not far from him)

Edited by summanotre

Magna res est vocis et silentii temperamentum

 

The great thing is to know when to speak and when to keep quiet.

 

(Seneca the Younger (attributed), Proverbs, 74)

 

 

Speech is given to many; intelligence to few - but if its well said, I said it!

:p

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  • 1 month later...

HI I have sent both harrassment letter and letter requesting a copy off credit aggrement last week sent them again as first ones were not registered they have phoned again at my home and workplace, I ha to phone them as my bos was not happy with the phone calls they said they can phone me at work up to 3 times a day! They have also said I have to send ten pound to get all my account information any one can help will be much appricated

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A CCA request costs £1 & they know that., if you'd asked for a SAR then it would be £10.

 

According to the OFT the only excuse they can have for 'phoning someone at work is for tracing purposes or if the debtor is not responding to them, obviously you are so they are breaking OFT guidelines so you should make a complaint to the OFT [email protected] and to Trading Standards via Consumer Direct Consumer Direct - Contact us

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I had a 4K Welcome Finance debt which went to these clowns. This lot tried to phone me at work and hassle me there. So I wrote to them and told them never to phone me again and made a complaint. Three weeks later, I got a snotty letter of them saying they could do more or less what they like and phoning someone at work was not illegal, so I reported them to the OFT and send them that letter ( they shot themselves in the foot ).

 

They went away with a whimper.

 

Anyhoo, back to the Welcome Finance debt - if you want to look in the Welcome Finance section under Welcome Finance CCJ, you can see that another dca took over and issued court proceedings. The result is that I won, £4K debt gone:lol:

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just got a letter from roxburghe saying they recieved my letter and that they will send aggrement out in next 12 days also they said they would put my account on hold does that mean the should not off phoned me today? at home and work

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  • 4 weeks later...

Hi just thought I would up date you on what has been happining, I have been away at a friends for a week the cca should of been sent to me by the 4th August as of yet I have recieved nothing. But they are still calling me my friend answered and was told I should contact them as it was urgent I have not called them back and they are phoning me up to 6 times a day, I spoke to there soliceters on the 17th July telling them I would only speak to them via mail and he said I would have to send 10 pounds to get the info I requested yet roxburghe sent me a letter that came the same day saying that they had recieved my letter and that they would send the cca within the 12 days Im just wondering as to what to do now as I dont want them calling my works as a threat tactic as my emplyers are not happy with this and the solicetor (or the dogs body acting as one said he could call me as and when there) your help would be very much appricated :)

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i was called by these clowns on friday , they are chasing a debt for another dca , when i explained i had requested a copy of cca 18 months ago and not heard from dca since , the woman on the phone asked me why i would want to see a copy of my cca , are they stupid ?

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