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It is my understanding that the claimant is an Assignee, a buyer of defunct disputed or bad debts, which are bought on mass portfolios at a much reduced cost to the amount claimed 10p to 15p in the £1 and to which the original creditors have already written off as a capital loss and claimed against taxable income. Lowell Portfolio I Ltd issue claims to circumvent and claim the full amount of debt to maximise profit.   2. As an assignee or creditor as defined in section 189 of the CCA this applies to this new requirement on assignment of rights. This means that when an assignee purchases debts (or otherwise acquires rights under a credit agreement) it also acquires certain obligations to the borrower including the duty to comply with CCA requirements (such as the rules on statements and notices and other post-contractual information). The assignee becomes the creditor under the agreement. This ensures that essential consumer protections under the CCA cannot be circumvented by assigning the debt to a third party.   BACKGROUND 3. The Claim relates to an alleged Credit Card Agreement between the defendant and Vanquis Bank   4. Whilst it is accepted that the defendant has in the past had financial dealings with Vanquis, the defendant is unaware of what alleged debt the claimant refers, and the defendant has not entered into any contract with the Claimant.   5.The defendant made a formal written request to the Claimant for them to provide me with a copy of my Consumer Credit Agreement as entitled to do so under sections 78 of the Consumer Credit Act 1974 on the 27th August 2019 along with the standard fee of £1.00 postal order to which the defendant received a reply dated 6th September 2019 putting their account on hold whilst they tried to gather the information.   6.The defendant received a reply dated 24th October 2019 with no CCA attached other than the documents which enclosed a statement, default notice, notice of assignment from Vanquis to Lowell & a reconstituted copy of an agreement which the claimants have already provided in their witness statement dated 3rd August 2020.   7.On 15th January 2020, I received a claim form from the County Court Business Centre, Northampton, for the amount of £******. 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slick244

Debt collector to visit my house!! Please help.

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I have cca'd a credit card account some time ago and received an application form and terms and conditions so replied with an account in dispute letter. I have since been contacted by Credit solutions limited saying they are now in charge of the account and will take me to court if i dont settle it now. I cca'd them and sent the letter recorded 5 days ago. Now i have received a note through the door saying they will call at my house in 2 days time. I dont know what to do. Can anybody give me some advice please.

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I have cca'd a credit card account some time ago and received an application form and terms and conditions so replied with an account in dispute letter. I have since been contacted by Credit solutions limited saying they are now in charge of the account and will take me to court if i dont settle it now. I cca'd them and sent the letter recorded 5 days ago. Now i have received a note through the door saying they will call at my house in 2 days time. I dont know what to do. Can anybody give me some advice please.

 

Is this MBNA?

 

Send this letter recorded signed for to Debt Collector and copy to OC.

This account is in serious dispute with the xxxxxx, and has been since Date xxxxxxxxxx

TAKE URGENT NOTE:

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 recorded either 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.

 

Should it be your intention to disregard my wishes, and break your obligations, please be advised that the following rules also apply, as laid down by the OFT in respect of debt collection, and that you, as a holder of a consumer credit license, are obliged to follow:

The areas of the OFT guidance which applies to you in this instance are:

Debt collection visits

2.12 Examples of unfair practices are:

 

a. not making the purpose of any proposed visit clear, for example, merely stating that collectors or field agents will call is not sufficient

f. visiting or threatening to visit debtors without prior agreement when the debt is deadlocked or disputed

Deceptive and/or unfair methods

2.8 Examples of unfair practices are as follows:

 

k. not ceasing collection activity whilst investigating a reasonably queried or disputed debt.

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 third parties and credit reference agencies.

Please confirm that you have complied with my request under section 10 of the Data Protection Act.

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Hi Slick,

 

Welcome, this place and the people here will help you with this and many more debt related issues.

 

Others with more knowledge will no doubt add but for starters. You may have done some or all of this and if so apologies:

 

- from own experience worth reading the card again. I got one from the Halifax carefully worded to look like a doorstep visit but in fact designed to make me phone them (which I did not)

- Need to send them, first class recorded, the letter from this site relating to door step visits (basically they have no legal right to do this without proper court process)

- Similar, if not already letter confirming you will only accept contact in writing in relation to the matter

- If you the debt is yours and and you wish to repay then send repayment proposals based on what you can realistically afford (this will not be what they tell you!)

- If the debt is not yours or you wish to challenge any aspect then keep posting and the good people of CAG will help you all the way

 

Hopefully a small help, as I say more specific advice will probably be forthcoming soon.... hang on in there :-)


MJC 007.5 :cool:

 

Advice or opinions offered by mjc 007.5 are personal, offered in good faith and without prejudice or liability. Your decisions and actions are your own and should you be in any doubt then please seek the opinion of a fully qualified and insured professional

 

:) If you think I have helped you please feel free to click on my scales :)

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The knowledgeable beat me to it! ;)


MJC 007.5 :cool:

 

Advice or opinions offered by mjc 007.5 are personal, offered in good faith and without prejudice or liability. Your decisions and actions are your own and should you be in any doubt then please seek the opinion of a fully qualified and insured professional

 

:) If you think I have helped you please feel free to click on my scales :)

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The knowledgeable beat me to it! ;)

 

Not so knowledgeable!!!!!!

 

Pinched from the Forum library.

 

Vint

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Thank you so much for your quick response, it is much appreciated. I will send this letter today. However what should i do if this collector turns up in 2 days time as the note says? This account is with Cap One. I am quite worried. Thank you so much.

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Hi Slick,

 

- Similar, if not already letter confirming you will only accept contact in writing in relation to the matter

:-)

 

Well spotted MJC,

 

This will need inserting in the letter.

 

Many heads and all that!

 

Vint

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Thank you so much for your quick response, it is much appreciated. I will send this letter today. However what should i do if this collector turns up in 2 days time as the note says? This account is with Cap One. I am quite worried. Thank you so much.

 

Print a copy of the letter to hand to him if he turns up.

 

Do not confirm who you are or enter into conversation with him. Hand him the letter, then close the door.

 

If he persists, call the police ( not 999 )

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Ask him (or her?) politely to leave, advise you are corresponding with their client. Probably worth giving a copy of the letter you have posted (if he/she is nice). If they do not behave then advise they are trespassing and you will call the police - hopefully not necessary but if needed fight fire with fire and all that!

 

Not sure how to view these doorstep threats - I have seen many posts where the threat does not materilise but equally some stories where folks have been visited and things not gone so well (in terms of the hassle, they all seem to bog off when told!) :lol:

 

I think I may well get one or two of these folks knocking on my door quite soon and the above is kind of what I have in my head would be the best course but if anybody can add to it then all the better ;)


MJC 007.5 :cool:

 

Advice or opinions offered by mjc 007.5 are personal, offered in good faith and without prejudice or liability. Your decisions and actions are your own and should you be in any doubt then please seek the opinion of a fully qualified and insured professional

 

:) If you think I have helped you please feel free to click on my scales :)

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Subbing! Hi I used to panic when I got threats like this. That's all they are Threats. Very rarely do door steppers appear - its just part of the mind games played by these plonkers. Now I just laugh whenever I get sent such a letter. If they do appear they have no right of entry to your property. Only Royal Mail do under their royal charter. You can tell them to take a hike- DCA's have no power to take money from you - only a court order can do that. DCA's cannot send in bailiffs only a court can do that and that is if you default on the CCJ issused by the court. IF a door stepper does appear tell them to FOXTROT OSCAR or they are causing a breach of the peace if they insist on banging on your door and shouting at you. Call the local police (non emergency.) tell them a breach of the peace is in progress. Have a mobile phone with camera to record the person and take a picture of them/ their car they will soon get the message. Failing that do you have a large son/OH /friend or even a large dog is quirte effective. train it to go for doorsteppers on command.

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Vint - you (and many others) who have been here for a while are showing me the way! I have been (and at times still am) at my wits end but the good advice here (combined with genuine desire to sort out my own debt mountain which whilst huge is not the equivelant of the GDP of the entire country as some of them would have me believe!) I think I will get there (before I retire!!)

 

I am (a little hesitantly but on a steep learning curve) signed up for the long haul here - will chip in and try to help whenever I can :D


MJC 007.5 :cool:

 

Advice or opinions offered by mjc 007.5 are personal, offered in good faith and without prejudice or liability. Your decisions and actions are your own and should you be in any doubt then please seek the opinion of a fully qualified and insured professional

 

:) If you think I have helped you please feel free to click on my scales :)

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Big Bother - loving the idea with the dog. Off to find a German Shepherd immediately! :D


MJC 007.5 :cool:

 

Advice or opinions offered by mjc 007.5 are personal, offered in good faith and without prejudice or liability. Your decisions and actions are your own and should you be in any doubt then please seek the opinion of a fully qualified and insured professional

 

:) If you think I have helped you please feel free to click on my scales :)

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I did that with my German Shepherd. However, all she did was clear off the Jehovah Witnesses!!


[sIGPIC][/sIGPIC]

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Vint - you (and many others) who have been here for a while are showing me the way! I have been (and at times still am) at my wits end but the good advice here (combined with genuine desire to sort out my own debt mountain which whilst huge is not the equivelant of the GDP of the entire country as some of them would have me believe!) I think I will get there (before I retire!!)

 

I am (a little hesitantly but on a steep learning curve) signed up for the long haul here - will chip in and try to help whenever I can :D

 

mjc,

 

There is plenty of advice and help on the Forum, but most imortantly, experience from long serving members.

 

As you predict, it will be a long hall, but you just have to stick with it.

 

I have had 2 lovely picture cards from one OC. Nobody ever turned up.

 

One company did send an agent twice while I was out. I sent them the letter that I posted earlier, quoting the callers name and number, advising them that I WILL CALL THE POLICE TO THE TRESSPASS. So far nothing more for 3 weeks.

 

They do not have the right to visit you, no matter what they might say. Ask them to leave, giving them a copy of the letter. If they do not go, call the police. They will attend.

 

They should also not discuss the situation with you until they confirm who you are. ( Breach of Data Protection Act ). If you do not confirm who you are, they cannot discuss with you.

 

We all would find it embarrasing to have someone turn up on our doorstep, so best to ram the letters home before they do.

 

Vint

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Big Bother - loving the idea with the dog. Off to find a German Shepherd immediately! :D

 

LOL you can borrow my German Shepherd Pup. She is 7 months old and scares the hell out of anyone who knocks at my door. When someone knocks at the door she stands at the window and stares at the visitor. Quite a few salesmen have retreated just by seeing her in the window.

 

I plan to put a sign up this week that will say "Salesmen, Jehovahs Witnesses and Debt Collectors Welcome. Dog food is very expensive."


:cool::cool: Blondmusic :cool::cool:

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You could always try opening the door dressed in a blood spattred apron and mask with a big clever in your hand and looking a nutty as you can say YES

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You could always try opening the door dressed in a blood spattred apron and mask with a big clever in your hand and looking a nutty as you can say YES

That will do it every time.

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Thinking of combining the two - german shepherd in one hand, clever in the other?? Any takers? ;)


MJC 007.5 :cool:

 

Advice or opinions offered by mjc 007.5 are personal, offered in good faith and without prejudice or liability. Your decisions and actions are your own and should you be in any doubt then please seek the opinion of a fully qualified and insured professional

 

:) If you think I have helped you please feel free to click on my scales :)

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Thinking of combining the two - german shepherd in one hand, clever in the other?? Any takers? ;)

Or better still, a German Sheperd with a Cleaver, covered in blood.

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So are we saying that this is the look?

Edited by vint1954

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I think for the direct visual impact to get the message across before you give them the letter.... works for me! :D


MJC 007.5 :cool:

 

Advice or opinions offered by mjc 007.5 are personal, offered in good faith and without prejudice or liability. Your decisions and actions are your own and should you be in any doubt then please seek the opinion of a fully qualified and insured professional

 

:) If you think I have helped you please feel free to click on my scales :)

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Slick244.. i would also complain about debt collection practices to your local Trading Standards and the OFT. And any futures letters to DCAs you could include the following sentence:

 

" I suggest you take OFT debt collection guidance more seriously after the recent action taken against other unprofessional DCAs, namely, 1st Credit and Mackenzie Hall, as the OFT are cracking down on unfair and misleading debt collection practices and your organisation could be next."


:!: -Any advise I give is based purely on my own experience. It should not be solely relied upon as I am NOT a legal expert and any major decisions you make should not be based on my opinion alone -

HFC Bank - Davey vs HFC

Barclays - Monthly payments made

Cahoot - Agreement received, awaiting 2nd agreement after DCA.

MBNA1&2 - Agreements received. (Currently in limbo)

Halifax - Davey vs Halifax/Cabot

MINT - Davey vs Mint

Amex - Davey vs Amex

Cap1 **WON** £1,500 Written Off Davey vs Cap1

 

Never Sign Anything

 

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Please be kind to German shepards - they know not what they do- But they do it well!

As to Jhovas witnesses' tell them your a catholic-they do not like catholics

(something to do with the Spanish Inquistion - burning at the stake - in the middle ages) we should do that to doorsteppers too!

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Please be kind to German shepards - they know not what they do- But they do it well!

As to Jhovas witnesses' tell them your a catholic-they do not like catholics

(something to do with the Spanish Inquistion - burning at the stake - in the middle ages) we should do that to doorsteppers too!

 

German Shepherds are lovely dogs. Mine is really soft but only my friends and family know that.

 

As for Jehovahs Witnesses my dad has a fab way of getting rid of them. When they come to the door and say that they are Jehovahs Witnesses he just replies that he didn't see the accident LOL. They think he is a madman and they have never called again.


:cool::cool: Blondmusic :cool::cool:

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