Jump to content


  • Tweets

  • Posts

    • Thank you for the summary you have given. I think you will need to commission a fully detailed point by point report which identifies the issues, the cause of the issues and then separately a quotation for resolving them. I think you need two quotations – comparative. Do you know the name of the person who owns TB plastering? Do you know their address? Do you know they have any assets? It sounds to me as if it's going to be quite an expensive job. On the basis of what you say, if you bring a legal action then you will have no difficulty getting a judgement in your favour the problem will be enforcing the judgement. What address do they use on their bill? You need to have a look at the land registry web check service for about three quid check to see who the owner of a particular property is. Of course you could simply wait until they decide to sue you and then bring a counterclaim but there is a big chance that they won't bother to sue and so it may be down to you to take your own action to undo the mess they have made. Come back here when you have found this out
    • Investors expect artificial intelligence to unleash a new wave of growth.View the full article
    • The first thing is to let the surgery know that you didn't enter your car registrtaion when you visited and ask them to confirm to Euro that you were a patient on that day and Euro should cancel. The quicker you do that before matters escalate, the more lkely that they will cancel. You could suggest that  they put up a sign reminding drivers to enter their vrm. thank you for posting the whole of the PCN which confirms that it does not comply with the Protection of Freedoms Act 2012 Schedule 4 Section 9 in two ways. [2][e] of S9 states (e)state that the creditor does not know both the name of the driver and a current address for service for the driver and invite the keeper— (i)to pay the unpaid parking charges; Your PCN does not. All it does is to ask the driver to pay which is not enough. In addition under [2][a] the PCN should specify the period of parking. Instead it gives the arrival and departure times of the car as it passes the ANPR cameras which is not the same. That means that you as keeper are not liable to pay the PCN only the driver is now liable. Courts do not accept that the keeper and the driver are the same person so proving who was driving will be difficult for Euro.
    • Pro peace/anti war/anti-atrocity marches which included many Jewish protestors carrying banners (as previously linked)  decrying the atrocities of Israel and the IDF such as 'Not in my name' 'Never again to ANY people'   Although a very small handful of unconscionable Hamas supporters were among the many MANY thousands of pro peace protestors, even they displayed nothing like the hatred and violence demonstrated by the 100 or so far right rabble who attacked police, tried to attack the peaceful protestors and then attempted to violently breach the cenotaph itself. The pro peace/end atrocities in Palestine protests have remained largely peaceful despite ongoing atrocities by the state of Israel and the IDF.   Even today, unarmed starving civilians in a supposedly safe camp in Gaza were murdered by shelling and bombing from afar by Israeli forces, while violent Israeli settlers have forcefully deposed more Palestians from their homes and lands on the west bank with the aide and support of Israeli military forces - just as the Israeli forces are forcibly relocating civilians in Gaza with even more horrors, atrocities and violence. These atrocities by the IDF in Gaza include starvation, forced relocation, bombing homes, health centers and refugee camps, denying food water and medical support, murdering journalists and health workers and the mass murder of women and children  .. are growing alarmingly and horribly reminiscent of some of the similar but wider scale utterly monstrous genocidal atrocities by Nazis on the Jewish people, which makes these actions by Israel and the IDF even more unconscionable and deplorable.  
    • Hi all, I was wondering what peoples thoughts / advice is for my following situation. Unfortunately, I have been caught speeding on the m6 - 56mph in a temporary 40 zone. I did not realise that the speed for the current stretch I was on, was reduced to a 40, I knew that some parts was bought down to 50mph but not 40. Ultimately, it is on own fault for not being more focused at the time.  I was wondering whether anyone caught doing similar speeds over the limit have been offered a speed awareness course. My letter states that the records show I have not met the criteria for a speed awareness course, which I feel is harsh given this is my first offence & the threshold for consideration is upto 53mph as stated below, our speed narrowly exceeded the limit and falls within the guidelines set out by the National Police Chief Council (NPCC) up to: 31 mph in a 20 mph area 42 mph in a 30 mph area 53 mph in a 40 mph area. Could I argue that my speedometer is not entirely accurate as such I should be considered in the 53mph bracket above and considered for a speed awareness course?  
  • Recommended Topics

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 160 replies
    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
        • Like
  • Recommended Topics

harrassed by debt collectors for niece's debt


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 5375 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

Hello, Sharon here from Northamptonshire

 

Hopefully someone here can help with our situation, which is driving my family INSANE!!!

 

It's quite a saga, please do persevere with it.

 

So... my niece came over from Malaysia in '07 to attend a course at a local college. As part of her getting settled in we set up a mobile phone account for her with 3. The account was registered at my home address despite my niece never living here – she stayed in halls of residence.

 

I''m not sure of the exact timeline here but at some point in '08 my niece moved back to Malaysia and forgot to cancel her mobile account. Several months' worth of rental charges accumulated before she cancelled. At this point, on her instructions, I rang up 3, and was given a figure for the full settlement of the account, which was £95.41. This I paid on her behalf via cheque and my bank records show the cheque cleared the following week.

 

But then, in April 2009 a letter arrived for my neice from "Advanced Telecoms Debt Collection Services Limited" stating a balance of £29.36 was still due on the account and that they had been authorized by 3 to collect it. (I had been authorized by my neice to open her letters).

 

I didn't deal with this letter at the time because, yes, I do have a life apart from sorting out my niece's debts, and I simply forgot about it.

 

But then in May a more seriously worded letter arrived from BTO (Brechin Tindal Oatts solicitors, I believe) threatening legal action unless payment of the £29.36 was made immediately (the letter made clear that this amount would fully settle the debt). So I sent off a cheque for the £29.36 using the form provided with the letter.

 

Silly me, I have lost this letter. However, the cheque cleared on the 19th of May 09.

 

THEN, in the last week of May, BTO started phoning my home increasingly frequently, leaving messages asking to speak to my niece and to be called back on 08700503651.

 

I screen most of my landline calls anyway (crazy ex husband) and so let the answering machine pick up BTO's messages. However, I did speak to them once, letting them know my niece had never lived here and asking them to stop calling me. The conversation got a bit surreal and I hung up.

 

I should add at this point that I'm not in regular contact with my niece; she's very hard to get hold of and it's even harder to spur her into concrete decision-making...

 

Anyway, this month, BTO have started phoning several times a day (still asking for my niece). This evening my son could tolerate the backlog of their messages on our answering machine no longer and gave them a ring. A girl answered, he didn't get her name unfortunately.

 

He started by letting her know how sorry he was that her company was so retarded it couldn't retain the simple piece of information that their debtor does not reside at our address. Defensive bitching ensued...

 

Cut a long story short, BTO's position is:

 

1. My home address / telephone number comprise the only contact details the company have for my niece so they are going to bug us until (a) we give them our niece's contact details in Malaysia and they successfully contact her; or (b) we get our niece to ring them on 0044(0)1236575155. They were unmoved by my son's assertion that BTO were harrassing us and that we would be reporting them to trading standards.

 

2. My niece still has an outstanding debt. They would not disclose the remaining amount to us without a letter of authorization from my niece because of "data protection". However, they confirmed receipt of the payment of £29.36 last month. Interestingly, THERE HAVE BEEN NO FURTHER LETTERS FROM BTO SENT TO MY NIECE AT MY ADDRESS SINCE I PAID THE £29.36.

 

So guys, what would you do in this situation?? I don't want to help BTO in relation to contacting my niece, I just want them to stop calling me. If I give them my niece's number, they'll be as unsuccessful as me in getting hold of her and so will continue to bug me. Initial googling of BTO throws up some worrying evidence of their running phone line scams.

 

thanks in advance,

Sharon

Link to post
Share on other sites

sorry to hear you got mugged so to speak.

i'd fire off the telephone harassment letter or the deny any debt/doesn't lve here letter.

both of which can be found in the templates library or by using the search in the blue bar above.

 

oh and stop using the phone to talk to the jokers

do it in writing

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

They can ask you to provide details but you don't have to give them & frankly in view of the way they have behaved I wouldn't - As for the rest send the letter as suggested SPECIAL delivery and DON'T talk on the phone unless you can record them & if you can, & although you don't have to, only tell them at the END of the call - being stupid it's usually then that they go nut's .............forgetting they are being recorded:D

Link to post
Share on other sites

OK thanks a lot guys, I have followed your advice and the letter will go special delivery Monday morning. It would have gone today but hey ho, life distracted me. I'm also looking into getting a phone recorder

 

I made a mistake in my original post... the DCA in question are BPO Collections not BTO.

 

I managed to track down my niece via email... who explained she has actually HAS tried to call BPO from Malaysia (I gave her the info via her mum some time ago) but the number they provided didn't work. I checked this out and she's right... in fact now I go through my records, BPO keep leaving different numbers for her to call back on and all the numbers have stopped working except the latest one!!! Is this common DCA practice and if so why??

 

Although I am not the alleged debtor here, this experience has made me furious with DCAs and their methods. BPO KEEP phoning me despite my repeatedly explaining that their alleged debtor cannot be contacted here. Yesterday, I spoke to an especially idiotic fellow who breached Data Protection regulations by telling me (completely unprompted) my niece's account details includings a settlement amount!! (wish I had got that on tape) They are chasing a tiny little debt less than 20 quid. I may take this up as a hobby and actually devote myself to ensuring this horrible retarded company NEVER get their hands on my niece's money.

 

Is there anything else I can do at this stage besides sending that letter?? Is there anything I can do on my niece's behalf that will inconvenience them and cost them money? Can my niece CCA them from Malaysia or can I CCA them on her behalf?? Can we CCA at all given it's such a tiny debt?

 

Thanks so much for your help; I've been reading this site and it's inspirational, despite not being an alleged debtor myself I really want to support what's going on here.

Link to post
Share on other sites

A CCA wouldn't be any use for a mobile phone contract.

If you want any information about the details they hold, she would have to send them a Subject Access Request (SAR) which would cost £10.

 

Personally, IMHO, I'd send them the telephone harassment letter along with the No debt is Acknowledged letter via recorded delivery, then ignore them.

 

For a piddly little amount like that, they will soon get bored and retreat into their murky little dungeon to play with themselves:eek:

 

3 are notoriously good at having absolutely no customer focused skills, so it doesn't surprise me that they have made money out of an unrecoverable debt, losers.:p

 

Whichever DCA has now bought the miserly debt, just ignore them, and only ring them after you have had a glass of wine and you want to irritate them for fun:D

 

DCA baiting is my new hobby, they don't like it up em you know!:D:D

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!

 

 

Link to post
Share on other sites

Bazooka, DCA baiting's not fair... pick on someone your own (brain) size :p

 

Actually, having read some extremely entertaining threads on this site, I'm almost tempted to get myself into an alleged debt just for the sheer sport of it!!! Not at all to make light of people's difficulties, which I have huge sympathy for...

 

So, how does the below look? (Yes, I'm the kind of person who can't resist tweaking things and rabbiting on for ages)

 

contingo

Contingoland, UK

___________________________________________________________________

By Special Delivery 14th June 2009

 

BPO Collections Limited

5 Drum Mains Park

Cumbernauld

Glasgow

G68 9LD

 

 

Dear Sir/Madam

 

- HARASSMENT WARNING -

WARNING; PROTECTION FROM HARASSMENT ACT 1997;

WARNING; COMMUNICATIONS ACT 2003. s127.

 

Re: Harassment by telephone

Telephone Number: 00000 000000

 

Reference Number: 00000000

 

This letter refers to the account referenced above, belonging to a [slightly irresponsible niece] WHO IS NOT ME AND WHO HAS NEVER RESIDED AT THIS ADDRESS.

 

Specifically, I am writing with regards to the quantity and frequency of telephone calls that I have received from your company, which I deem to be personally harassing. I have verbally requested that these calls stop on three separate occasions, yet I am still receiving calls.

 

As I have also explained to your callers on these three separate occasions, your alleged debtor has never lived at this address and cannot be contacted here. As I cannot reasonably be expected to act as your agent in this matter, I have absolutely no legal obligation to communicate with you further and I will not do so.

 

I now require all further communication from your company to this address to be made in writing only. However, letters addressed to [slightly irresponsible niece] will be returned to you as this is not her address, and letters addressed to me in relation to this matter will not be answered.

 

My legal advice is 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.

 

Furthermore, the OFT say that under the Guidance, it is unfair to pursue third parties for payment when they are not liable. Continuing to telephone my address when you are aware your alleged debtor does not reside here breaches this Guidance, as would writing to me in respect of this matter.

 

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 all further telephone calls from your company will be recorded.

FURTHER, NOTE THAT I HAVE ALREADY RECORDED A CALL IN WHICH ONE OF YOUR ADVISORS DISCLOSED TO ME UNPROMPTED AND WITHOUT PERMISSION YOUR ALLEGED DEBTOR’S ACCOUNT DETAILS INCLUDING A SETTLEMENT FIGURE OF XXX IN IRREFUTABLE BREACH OF DATA PROTECTION REGULATIONS.

 

In respect of the above violation and your generally illegal and immoral collection practices I have already contacted Trading Standards.

 

If your telephone calls do not cease forthwith, I will instruct my solicitor and pursue redress through the courts, and also lodge formal complains with the above listed regulatory bodies.

 

Yours faithfully,

 

contingo

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...