Kleenze debt, regal/goliath chasing - Confusion

[TWNB]

July 2007 Myself and my partner joined Kleenze,

coming up o around june 2008 we packed it in as we were making no money.

 

 

Now we tried to send goods back to them that was ordered

but I think we were just outside the returns peroid,

after charges were added the total debt grew to £208.81

 

This debt was passed to the Debt Collection Agencys, now I know this has went on for a but and it's my own fault but now it seems to have gotten out of hand because I have no idea who owns this debt, let me explain.

 

Now i think I've kept all letters from this year.

24/03/2009 - recieved a letter from Gothia informing me ignoring them is not in my best itnerest yet I spoke with them on the phone on many occasions.

 

06/03/2009 - I recieve a letter from Regal Credit Consultants LTD informing me that they have been instructed by theor client to demand the immediate settlement of the debt.

 

08/04/2009 - Recieved a letter from Gothia With a big bold bit saying "NOTICE OF INTENDED COURT ACTION" yet letter only says that if the account isn't settled by 5:00pm on 18/04/09 the following action may be taken:

BANKRUPTCY PROCEEDINGS.

COUNTY COURT JUDGEMENT.

ATTACHMENT OF EARNINGS

DOORSTEP RECOVERIES.

 

23/04/09 - Recieved a letter from Resolution Legal Servies telling me that I have not resolved this matter and the sum of £208.81 is long over due".

 

29/04/09 - Recieved a letter from Regal Credit Consultants LTD saying "Final notice, account must be settled immediately".

 

04/06/09 - Recieved a letter from Regal Credit Consultants LTD saying "Legal Notice, your account has been passed to us in view of the above amount remains overdue"

and goes on about what leagal thing they can do.

 

06/06/09 - Recieve a letter from Corporate Financial Services LTD saying "We would like to inform you that wehave been appointed as an authorised collection agent for Gothia LTD and we have been instructed to recover the outstanding monies due to our client."

 

Now you can see why I'm confused!

 

I recieved a communication from Kleeneze telling me it was getting passed on to the DCA, I have recieved nothing from any of the agencys telling me it's been passed on to any other companys.

 

I called Regal Consultant and they say the debt has been passed to them, I called Corporate Financial ansd they say that Gothia passed it on to them. I have also contacted Kleeneze and they said it was out of their hands. Now I've asked Regal Credit for this in writing and they keep telling me to call Kleeneze and Gothia.

 

I'm at a loss as to what to do next, Regal Credit called today (15 June) and I told them that untill I recieve some form of communication in writing from Gothia I wont be dealing with them, I was told that they had contacted Gothia on the 03/06/2009 and confirmed that the account was passed on, yet I called them on the 6th and was told different.

 

At the end of the call the guy I was talking to them told me that he will just get a Door-to-door collector to pay me a visit and hung up.

 

I'd like some advice as to what I can do about this as it's clear Regal Credit dont seem to care that there are other DCA's trying to get this money of me as well as them.

Thanks in advance.

Edited February 1, 2017 by dx100uk

[silverfox1961]

Hi,

 

I think you are learning a valuable lesson- DON'T TALK TO THEM ON THE PHONE. They will lie, bully, demand your first born unless you pay.

 

I would send the last one to contact you letter 18 from here:

 

The Consumer Forums - Debt collectors

 

They have to prove to you that the debt exists. It doesn't matter what you know.

 

Did you ever sign anything with Kleeneze?

 

Send all letters by recorded delivery and don't sign them, just print your name.

 

fox

[TWNB]

The debt exists but the problem is there is more than 1 DCA contacting me, re-read my first post. If anything isn't at all clear please ask.

 

I'd like to add a few thing I forgot in my first post.

 

1. The account in question was a joint account, both myself and my partner signed the agreement. Yet it's only me they are contacting.

 

2. We (myself and my parter) live in Scotland.

 

3. We are both unemployed at the moment, which makes it hard to repay anything to any of the DCA's that are contacting us.

[silverfox1961]

First of all, a DCA has no power over you, only a court has.

If they took you to court and you lost, you would only have to pay what the court say and the DCA wouldn't like that because as you are on benefits, you would be told to pay a reasonable amount, not what the DCA want.

 

As you have signed an agreement, I would send a CCA to Gothia.

This stops all collection activity until they comply. Letter 8 here:

 

The Consumer Forums - Debt collectors

I would also include in your letter to Gothia about Regal chasing you for the same debt.

Write to Regal telling them that Gothia are chasing you and for confirmation of who is doing what.

 

Either that or just totally ignore them until one of themtries to take you to court. At least that way you will know who has the account.

 

If you are happy to pay this debt then you tell them what you are going to pay not the other way round.

[Bazooka Boo]

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/127021-resolution-legal-services-kays.html#post1330479

 

You might like to follow the thread above?

The only info I could find about the various DCA's chasing you were below, I tried to see if they were all the same company just using different names, either way, it is a clear brach of the OFT debt collection guidelines

 

Physical/psychological harassment

2.6 Examples of unfair practices are as follows:

c. using more than one debt collection business at the same time

resulting in repetitive and/or frequent contact by different parties

d. not ensuring that an adequate history of the debt is passed on as

appropriate resulting in repetitive and/or frequent contact by different

parties

e. not informing the debtor when their case has been passed on to a

different debt collector

 

Deceptive and/or unfair methods

f. passing on debtor details to debt management companies without the

debtors' informed prior consent

 

Gothia Group

 

Corporate Financial Services Ltd

 

Regal Credit Consultants Ltd

 

 

[vint1954]

And they cannot make you Bankrupt for £208.81.

 

I would send Gothia, regal and Corporate FS the following:

 

I DO NOT WISH TO RECEIVE ANY REPRESENTATIVE OF YOUR ORGANISATION, OR INDEED AN AGENT OR REPRESENTATIVE EMPLOYED BY ANY ORGANISATION THAT YOU ISSUE INSTRUCTIONS TO.

 

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 FOR DAMAGES FOR A TORT OF TRESSPASS AND ACTION WILL BE TAKEN, INCLUDING BUT NOT LIMITED TO , POLICE ATTENDANCE.

 

 

I also caution you here that should you ignore my request on this point, the actions of your representative(s) will happily be recordedeither by CCTV or by telephone recording equipment – whichever is applicable. Accordingly I reserve the right to use any evidence of you or your representatives’ ignoring this request in connection with any actions that I choose to pursue, including media exposure.

Have you requested a copy of the agreement that you signed.

Vint

 

 

[mr.ton]

As you can tell..your debt is like a game of pass the parcel, going from 1 DCA to the next.

Tell em all to get stuffed, they have no legal powers over you.

Report them to the OFT & trading standards.

[TWNB]

I will be sending them all relevent letters today, my first port of call is to get a copy of my agreement.

[TWNB]

OK, I got another phone call the other day from Regal Credit Consultants, I explained to the person about all this crap I've been getting.

 

Now they've asked me to send proof of the letters I claim to have recieved and then he tried to pull a fast one and told me that I'd already been told by his supervisor that it was Regal Credit that was dealing with it and I was also asked to call Kleeneze.

 

Now I've already called Kleeneze and they told me it was out of their hands and it was now with the DCA, they never gave me a straight answer as to which DCA was currently collecting the debt.

 

Now I've also already asked Regal Credit I want proof that it's been passed on to them but I constantly get told that no DCA has to send proof or send letters advicing that the debt has been passed on to another DCA.

 

Now what do I do here? Do I send them a copy of all letters I've recieved this year or do I carry on send the relevent letters to Gothia? and just for the record I've now started recording the calls from this company.

[mr.ton]

Each DCA you speak to will just try to fob you off & say anything in the hope that you pay up asap.

Stop speaking to them all on the phone - end of.

[Bazooka Boo]

Now what do I do here? Do I send them a copy of all letters I've recieved this year or do I carry on send the relevent letters to Gothia? and just for the record I've now started recording the calls from this company.

 

If it were me in your shoes, (I'm a size 9:D) then I wouldn't bother sending any letters to any of them:rolleyes:

 

If you have no knowledge of who exactly is legally entitled to collect the debt, then until such time, hold on to your cash, file away any more threatogrammes they churn out keeping the envelopes they come in, and if they persist in ringing after you have requested them not to, either verbally or via the letter template, then once you know it's them just laugh at them and put the phone down:D

 

It'll go one of two ways, the first and the least likely option is they take you to court:lol::lol:

But for the miserly sum of £208.81 that is extremely, extremely unlikely, in fact the odds are more in favour of you winning the lottery!

 

The second most likely option is that they all spontaneously combust:rolleyes: (wishfull thinking)

They will get bored, leave you alone and pick on another unsuspecting non-cagger:| You know how kids in the school playground pick on each other:rolleyes:

 

But just for some clarification, are all four of them asking for the same amount and purport to be employed by the OC?

Have you checked your credit file to see if there is an entry on your file for the debt, or is there four entries for the same debt by four seperate DCA's?

[TWNB]

@ Bazooka Boo: Yeah they are all asking me for the same amount, not sure what OC is short for sorry.

 

Does it make any difference if there is 1 or 4 seperate entries in my credit file?

[kurvaface]

DO NOT SPEAK TO THEM ON THE PHONE

 

 

They will spin you around, turn you upside down and shake every penny out of your pockets.

 

Let them confuse themselves into a hole by putting everything in writing. You phoning them is just what they want.

[Bazooka Boo]

@ Bazooka Boo: Yeah they are all asking me for the same amount, not sure what OC is short for sorry.

Does it make any difference if there is 1 or 4 seperate entries in my credit file?

 

OC=Original Creditor, so Kleeneze..

 

If four seperate DCA's have placed four seperate markers on your credit file for the same debt then yes, this is against the OFT guidelines on debt collection.

Physical/psychological harassment

2.6 Examples of unfair practices

c. Using more than one debt collection business at the same time resulting in repetitive and/or frequent contact by different parties.

 

 

 

 

 

 

 

 

 

 

 

 

[TWNB]

So I jumped over to Equifax to check my credit file and I'm suprised to find that there appear to be no entrys from Kleeneze or any of the DCA that have been contacting me! Infact the only default I have is from Studio and thats from December 2008.

 

Where do I find my over -all credit score?

[Bazooka Boo]

So I jumped over to Equifax to check my credit file and I'm suprised to find that there appear to be no entrys from Kleeneze or any of the DCA that have been contacting me! Infact the only default I have is from Studio and thats from December 2008.

Where do I find my over -all credit score?

 

It should be on your credit file, to be honest, it is very much an Americanism, only in the US do they have a true credit rating system.

Even if you had a good or V.good credit file, you will still be refused some form of credit by different companies, because they view that file in different ways:-|

 

Having a good credit file does not mean you will necessary be allowed credit, which personally means I really don't care for credit files.

[TWNB]

The last time I spoke to Regal Credit I requested that they stop calling the house number they have for me, so what do you think they done? Now they are calling my house phone first and if they don't get me there then they call my mobile.

[Blondmusic]

Send them this Telephone Harrassment letter. Never speak on the phone to these 'people' as they will just bully you. Do everything in writing from now on.

 

Send this letter by recorded delivery, do not sgn it and edit to suit.

 

- HARASSMENT WARNING -

WARNING; PROTECTION FROM HARASSMENT ACT 1997;

WARNING; COMMUNICATIONS ACT 2003. s127.

 

Telephone Number: {you’re Telephone Number}

 

Re: Harassment by telephone

 

Dear Sir/Madam.

 

I am writing in relation to telephone calls that I have received from your organisation, which I deem to be personally harassing. I have verbally requested that these calls stop, but I am still receiving call. I now require the telephone number listed above to be completely removed from your systems.

 

I am in the view that your continued telephone calls put you in breach of the Protection of Harassment Act 1997.

 

This is a private telephone line, operated on a contract with the intention of receiving and making personal phone calls, I have not authorised any other member of my family to receive calls from your organisation using this PRIVATE TELEPHONE LINE.

 

By using this telephone number without my permission you are interfering with my ability to use my own private property for the duration of any call.

 

It is my right to require that this telephone line, which is licensed solely to me, is kept clear for my own personal calls.

 

It is consequently my view that you are committing the tort of interference with contract insofar as for the duration of each call you make to me without my permission, you are interfering with my contractual right to receive and make personal calls on my private telephone line.

 

Continued interference with my contractual rights in this manner may result in legal action.

 

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 the Office of Communications, Trading Standards and the Office of Fair Trading, meaning that you may be liable for a substantial fine.

 

Be advised that all telephone calls from your company will be recorded.

 

Yours faithfully,

[TWNB]

So been dealing with these muppets for the last few weeks now, they started calling my mobile I have now blocked that number so I don't get their calls. The other day I received a call to my house phone from the same idiots, after I refused to "confirm" my details over the phone she said they would send someone to my door which I promptly told her not to bother blah, blah, blah.

 

Any way I requested that she remove my house number from their database, to which I was told that it would only be removed for 14 days and it would be re-applied to the database permanently. I told er to stop talking a load of crap and said goodbye.

 

I today received a letter that went like so

 

We are writing to you as you have recently asked us to remove one (or more) telephone numbers from the above account.

 

We have done what you have asked ON THE BASIS that you will communicate and co-operate with us in dealing with the above liability.

 

It is our Policy to re-apply numbers permanently to an account after 14 days if there has not been any progress in getting an account into a repayment arrangement or out of default.

 

(The usual prattle here on how you can pay and the company opening times, etc.)

 

If my number has been removed how can it possible be re-applied? And I was under the impression that they couldn't do this.

[TWNB]

So nobody can advise me on this then?

[Desperate Daniella]

I honestly don't know and you've had 146 views and no replies so it appears others aren't clear on this either.

 

They can phone provided they don't phone too often - that is harassment. They should not call if you have said that you will deal with them by letter only.

 

What do they want anyway? I think if you don't correspond with them in writing they will continue to call.

[TWNB]

I have asked them to remove my phone numbers from their system, they sent me a letter saying this has been done but the will re-add my numbers if they don't hear from me. Now how can they add my numbers back on to their system if they have been removed?

[citizenB]

They will only have put a stop on that number being called for 14 days - they will then remove it.

 

Send them the telephone harrasment letter from the CAG library. If you have made it quite clear that you will NOT speak to them on the phone then to continue making contact that way could indeed be construed as harrasment as Halifax discovered when a claim was issued against them !!

 

Roberts v Bank of Scotland plc and another [2013] All ER (D) 88 (Jun)

 

Have a read of the letters in the link below - choose one which best suits your situation and send it to their Registered/Head office by tracked mail.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?387367-Harassment-by-Telephone

[Desperate Daniella]

You can certainly do that, but if they write and you ignore their letters they (or the original creditor) may issue a claim if they think it is worth their while. If it's a small sum they probably won't bother, but if it is for a large sum they just might.

 

There are some creditors/debt buyer who can usually be headed off successfully if you argue in correspondence, but if people have ignored them they have found a claim issued against them and that is much more difficult to deal with, let alone being dependent on the judge's personal point of view!

[oleg]

You do not need to engage with them by letter or by phone and chances are they will simply go away. Leeches such as these tend to drop off if you ignore them.

However, as Daniella implies, they could behave aggressively if the amount is large and you have assets or disposable income.

If you need ppl's opinions about what to do, pls post some details of the debt. On the other hand, if you just wanted to check the situation as regards phone calls, do let us know if they persist despite being told not to.