1st credit and old Northern Rock Loan & Card Sold to Co-Op - SB'd - Scotland

[Tartan Barty]

Anyone?

[westendwendy]

But they do have a legiable compliant copy of the loan agreement which, I believe would hold up in court!!!

It would be best to scan what they have sent to you and post it on here,someone can check it for you and then at least you would be be sure if they were enforceable or not before you go any further.

[Tartan Barty]

Thanks westendwendy but I am trying to get the APR checked. All the prescribed terms are on the agreement but I do know they only have the front page.

[Tartan Barty]

I have several disputed alleged debts with the DCA'a; Worst Crudit, Robbers Way, Hillbillies Securities etc. I also have a couple of alleged debts in dispute with the OC (SLC, Co-op and Lloyds)

 

Yesterday I get a call from Mackenzie Hall saying they needed to discuss an outstanding financial matter. I didn't answer there security questions and told them to put it in writing. Are they known to buy debts from any particular OC or DCA?

 

Just wanting to get an F off letter ready for them

[Blondmusic]

I would wait for them to put it in writing. They are a DCA and they do buy debts from Creditors and DCA's. Just wait for the letter and see what they come up with.

[accesspwd]

These are all part of the same group

• Mackenzie Hall Ltd
  
• Mackenzie Hall Debt Purchase Ltd
  
• Meritforce Ltd
  
• Connect
  
• Mackenzie Hall Commercial Collections
  

[Tartan Barty]

It was worst crudit. I have been in dispute with them since March 2008 over a CCA request. Now either they know they are stuffed and are trying it on or they are preparing for court by using Mackenzie Hall who are North of the boarder, the same as me.

 

Opinions?

[lickthewallfatboy]

MH

 

the bottom feeders of the DCA world.You know you're near the end of the cycle when they pop up

[babybear39]

As mr.ton says, the only time MH will see the inside of a court room is as defendants

[Tartan Barty]

Good news indeed......suitable go forth letter currently being prepared.

 

Now do I start with Dear Morons or Dear Muppets.....

[babybear39]

Dear Cretins...

[Tartan Barty]

Even better...thank you

[Tartan Barty]

Well have been having a battle with Worst Crudit over an alleged account since March 2008. They have sent the usual cr*p through and I have sent the account in dispute letter. End of last year Muckenzie Hall tried it on, two letters later they disappear.

 

It would appear that Worst Crudit are now using Philips to do their dirty work for them. So below is a copy of the letter I sent them which is a cut & paste job (with soem additions) from all the fantastic letters on this site. Feel free to use/cut/amend it should you get one of there drival letters.

 

Their website is Revenue Recovery and Enforcement Services: Philips Collection Services

 

I love the bit in their FAQ's

 

14. What should I do if I think the amounts Philips are attempting to recover are wrong or not owing?

We are not obliged to suspend action on an account whilst you dispute the debt, unless instructed to do so by our client. We strongly suggest you make payment to Philips to stop recovery action commencing whilst disputing the debt. If your dispute is upheld our client will arrange recompense with you if applicable.

 

Anyway letter below:

 

Philips

Telford House

18 Garden St

Darlington

DL1 1QP

Date

Dear Sir/Madam

I DO NOT ACKNOWLEDGE ANY DEBT TO YOUR COMPANY OR ANY COMPANY YOU CLAIM TO REPRESENT

THIS ACCOUNT IS CURRENTLY IN SERIOUS DISPUTE

Ref:

Thank you for your recent letter, dated XXX, the contents of which has been noted.

I write with reference to the above correspondence.

 

As you are well aware (if you have fulfilled your legal obligations by obtaining all information pertinent to this Account before embarking on intimidatory claims, contrary to Section 40 of the Administration of Justice Act 1970, the Malicious Communications Act 1988, the Protection from Harassment Act 1997, the revised July 2004 OFT Guidelines for Debt Collection and the Consumer Protection from Unfair Trading (CPUT) Regulations 2008, DCA Name is currently in SERIOUS Default (as of Date) of the Consumer Credit Act as given above, due to the fact that they have failed to provide the correct documentation within the legally binding timeframe, as stipulated within the Act.

 

Finally (in an apparent attempt to circumvent their legal obligations) they have attempted to pass the Account onto you (as referenced in your letter, dated as above).

 

In view of the above, I do not recognise any debt to your company, or any company you claim to represent, and must insist that you pass the details you hold back to DCA Name.

 

Should you attempt to continue to condone DCA Name actions by taking any action whatsoever against me, then I shall reserve the right to pursue you with the full weight of appropriate legal sanction (as stipulated elsewhere in this letter) without further reference to you.

 

Should your client now persist with threats of legal action as stated in your letter, I will welcome the opportunity for a judge to look at several offences committed by DCA Name under The Consumer Credit Act, 1974, as well as your client’s non-compliance with and total disregard for the law on this occasion.

This matter is currently being investigated by Trading Standards and the FOS and I have forwarded a copy of your letter to them for their investigation.

I will not enter into any further correspondence with you and suggest that you return this account to DCA Name. I trust this makes my position clear.

Please also note that I will invoice you for additional costs for replying to your letters, answering your phone calls or voice messages, replying to your sms messages, time during visit’s from your collectors, reading any reports or statements sent by you, administration or any other activity relating to this account whatsoever.

As this account has not been subject to legal action note that 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.

 

There is only an implied license under 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.

Finally, take note, should you try and contact me by phone, I’ll be 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.

Yours Faithfully,

 

Print name don’t sign

 

 

They put in very small letters on the bottom of the back page that they can add any amount for letters, texts, calls etc onto the account.

[cerberusalert]

They put in very small letters on the bottom of the back page that they can add any amount for letters, texts, calls etc onto the account.

In their dreams they can. Maybe they should read the OFT guidance on debt collecting.

http://www.oft.gov.uk/shared_oft/business_leaflets/consumer_credit/oft664.pdf

[count orlok]

Aren't they just another DCA? The way they are talking is as if they have a court judgement or are somhow above the law! You must pay them even if you don't owe the money and then claim back from the other party? I don't think so.

[dx100uk]

phillips are a crafty lot

 

they are both a DCA and bailiffs and wrongly send out letters as a bailiff when they are acting as a DCA.

 

plenty of threads on them, bout time something was done about it!

 

dx

[PGH7447]

14. What should I do if I think the amounts Philips are attempting to recover are wrong or not owing?

We are not obliged to suspend action on an account whilst you dispute the debt, unless instructed to do so by our client. We strongly suggest you make payment to Philips to stop recovery action commencing whilst disputing the debt. If your dispute is upheld our client will arrange recompense with you if applicable.

----------

Priceless, wonder which idiot thought that one up,

 

O please Mr Debt collector sir, This is not my account etc but please let me pay something - Fools

[cerberusalert]

Philips tactics are well known; House of Commons Hansard Written Answers for 04 Dec 2007 (pt 0025)

 

Apparently they're not averse to breaching copyright law either;

SME Web - news, tips and information for small businesses in the UK | Companies nailed for illegal software

[Tartan Barty]

I have a CC and a loan with Co-op. The CC is an old NR one so no enforcable agreement and I haven't paid anything towards for a year or so. The loan has an agreement which people on here say could be enforcable so I pay them a little bit each month.

 

I decided to offer them 20% as a F&F including removing the defaults but they say they want 50%.

 

Anyone managed to get them to accept less than 50%???

[Tartan Barty]

I have a loan and a C/C account with the Co-op.

 

I have CCA'd both and the loan is okish but hasn't got the T&C's although all the prescribed terms are on it. The C/C has no agreement just an application form.

 

I have been on reduced payments for over 6 years. I CCA'd them in 2008 and stopped paying anything towards the C/C account. I have been paying the same amount towards the loan as before.

 

Now after 6 odd years they have decided to default both accounts without sending any default notice. This is a bit of a bummer as I have 6 defaults that all come off this year so this means another 6 years of no mortgage.

 

I have written to them and offered 20%...refused....30% of the balances (both).....refused. They are now saying if I want them to take the offer seriously I have to provide a full I&E, 3 wage slips, a mortagge statement and a statement from every creditor. Yeah right am I going to do all that. I am tempted to write to them and explain that if they sell to a DCA they won't get anywhere near what I am offering.

 

Oh and if I carry on paying what I am paying the C/C will never be paid off and the loan will take 46 years to clear

 

So....

 

After 6 years of reduced payments can they default the accounts without notice?

Other than explaining the facts to deaf co-op workers any tips on how I can get them to accept the F&F's?

 

Any help appreciated.

[cerberusalert]

Complain to the ico & the OFT, they are supposed to record a default within a reasonable time frame.

[Pinky69]

Yes the Co-operative Bank are that stupid. They will terminate the accounts without issuing a DN, then you have them for unlawful rescission of the agreement. I am afraid you will have to go to ICO to get the defaults removed and it takes forever - the ICO are dead slow and stop. I started moves to get them removed last May - you have to ask the Co-op first and of course they say "no". This is now 11 months later and the ICO are still "investigating." Yawn!

[Tartan Barty]

Have they terminated the agreement though? All they have done is put default markers on my credit files. Is this unlawful rescission? They haven't sold them yet but I bet they are in the pile for the next DCA auction.

[Tartan Barty]

Oh PS thanks for the replies

[Pinky69]

No they haven't terminated yet but eventually they will if their pattern of stupidity folllows their norm. And no - entering defaults is not unlawful rescission. Unlawful rescission is terminating an agreement without prior issue of a Default Notice or issue of a Default Notice that is unlawful.