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Cov192

Telogram Limited/ H L Legal Solicitors

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Hi

 

Wonder if anybody can help me out?

 

My mother passed away last July at which stage we discovered that debts have been building up whilst she and my father tried to cope with her suffering cancer and enjoying her last moments with children, grandchildren etc. They had always been very cautious with cash but came to live off her disability and full time carer benefits to continue paying off the credit cards. When she died the benefits obviously ceased leaving my father with the debt of around £12k which he could not afford to pay.

 

I spoke to the credit card provider, completed his budget form and they agreed that he was a "hardship case" and was simply not able to pay off the debt - it was not the case he was not willing to but his income (state pension) didn't even cover he household builds let alone repayment of debts.

 

I continued contact with the card issuer (MBNA) who were very understanding of the predicament but admitted that the standard demand letters would be sent prior to the debt being passed to a collection agency, although in their opinion no one would want to buy the debt as it was obvious it could not be paid. To avoid the stress of chasing letters on my father I arranged for all documentation to be directed to my home address.

 

Now, my father has received a letter from Telogram Limited asking to confirm his address and subsequently a second letter from H L Legal Solicitors suggesting that if he does not respond they will make a visit to his address. Living in different parts of the country this worries me greatly. Having lost his life partner of over 50 years is bad enough but being placed in what he would consider a "threatened" position would be far too much for him to take.

 

Can anybody advise on what action I can take? Who are Telogram ? Would MBNA sell a debt to them?

 

Any help would be gratefully accepted

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I think HL are Hampton legal in this case????

If so, then you have nothing to worry about with them - they are just another desk in the Lowell threat centre (along with "Red")

Report them to the OFT & trading standards.

No-one from them will turn up, if so just tell them to get lost & report to the police if they refuse.

Do not confirm any details to anyone - only a court has the authority to obtain personal details off you.

If anyone rings you - refuse to answer security questions.

Insist everything must be in writing only.

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Hi

 

The letter just states H L Legal Solicitors in association with SAMPSON & Co. The base of the letter states HL Legal & Collections also practices as HL Credit Control and HL Legal

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Regardless of who they are - they have no legal authority to money off you whatsoever, only a county court does.

Tell them to get lost & report to the OFT/trading standards.

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My real concern is someone turning up at my father's house and requesting any kind of information that he would consider in a threatening manner. I'm happy to tell somebody at my door to go away but not convinced he would be able to in the same manner.

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There's more chance of Lord Lucan turning up than anyone from a DCA in reality...

But even so, make sure your father does not answer the door to anyone he is not expecting & to contact the police right away if he has any concerns etc...

The DCA would have to make an appointment first & he'd be well within his rights not to make one with them.

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mr.ton

 

thanks for your help

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My father has now received a further letter , this time from CapQuest Debt Recovery who claim have been sold the debt from MBNA.

 

There are some inaccuracies in their letter, such as MBNA claiming there has been no contact with them when there has and alos they claim that if no contact is made by 12 August they will instruct HL Legal to contact my father - they have already made contact !!!

 

Can I have some views on what the next course of action should be? I'll feel ignoring the letter may just escalate the hastle that my father will receive.

 

As I mentioned before MBNA agreed that my father did not have the funds to settle this debt!

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Capquest wont do anything other than send threatograms out.

Apply all the advice mentioned above to them as well ;)

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It may be worth typing Capquest in the search facility at the top of this page so you can read other posts / threads about their operating methods.

 

They have recently purchased quite a lot of MBNA accounts and I am sure you will find other posters on this forum that are in the same situation as your father.

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sounds to me like just another "scare tactic" they employ to get people to pay. If i was you and your father i would make sure that you do not respond, just wait and see what they come back with, they have no legal right to turn up at your premises as various people have mentioned. By getting you and your father worked up about this is exactly what they want, so please do not give them the pleasure, ALOT of people on here have been in exactly the same situation, as such know what they are talking about.

 

i would take this as nothing more than a feeble attempt at making contact.

 

file away in the ignore drawer, if they come back with anything else let us know.

 

in the mean time, do not spend any time worrying about them turning up at your fathers home, they have no right to, they would be breaking the law without an appointment.

 

there is a letter you can print and give to your father, should anyone turn up, i'll try and find it and post up.

 

Az

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hey,

 

as per my last post, here is the letter you can print off and hand to anyone that potentially (VVV unlikely) visits your fathers home. just ask him to hand any person claiming to be from this DCA the letter as follows (obviously amend to suit)

 

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,

 

_______________________________________________

 

hope this helps and calms some concerns/fears.

 

Az

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Please help as have received letter from both CapQuest and Telogram with H L Legal mentioned too. The first letter ( both are for my partner ) was ignored after reading about the companies, as was the second. But now they have just rung my partner on his mob, he did not aknowledge who he was, and they cut off. When we traced the number, on the web, that they used it was a Telogram ltd number. What do we do now? Far as we know, my partner has no current debt, but may have incurred debts 10 years ago, before I met him, when his life was in a bit of a mess. Should we block their number, is it likely that they will ring back. Any advice would wonderful, thanks

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Ignore them, they can't chase a debt which is older than 6 years. Get your phone provider to block their number - I'm getting mine to block nos, sometimes you can go on their website and type in which nos you want blocked.

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Thank you, we'll definitely be doing that as they rang again today. But how did they get my partners mob number? It's very frustrating because we are getting paranoid about it. If they had explained in a letter what it was they wanted or who they were working for, we would then have an idea of how to go forward. At the mo, it's more worrying coz we don't know whether the debt is a real one from years ago, or a [problem]. Would solicitors help?

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Capquest have now started to call my father on a daily basis but he has refused to talk to them.

 

A futher letter has now been received from HL Legal stating that if my father does not pay up by 27August , court action will commence and additional fees added to the account.

 

Can anybody advise how to respond to this, if at all?

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Are these debts in your father's or mother's name?

 

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 name do not sign


Anthrax alert at debt collectors caused by box of doughnuts

 

Make sure you do not post anything which identifies you. Although we can remove certain things from the site unless it's done in a timely manner everything you post will appear in Google cache & we do not have any control over that.

 

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17 Port & Maritime Regiment RCT

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The debt is in may father's name. Foolishly the card was taken out in his name so that they could make use of PPI should he not be able to work , my mother's illness would have rendered this invalid. I beleive the card may have been taken out to consildate existing debts?? I have discussed the PPI with MBNA as my dad has been retired for over 3 years making the main benefit of the PPI useless as he had no salary to be covered if he was unable to work. They have ignored my request to utilise over £2k in PPI payments against this debt which they had agreed to write off for around £3500

 

Do CapQuest effectively need to provide me with CCA signed by my father to enforce the debt?

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Do CapQuest effectively need to provide me with CCA signed by my father to enforce the debt?

There are a number of things which need to be present to make the agreement enforceable, your father's signature is one of them.


Anthrax alert at debt collectors caused by box of doughnuts

 

Make sure you do not post anything which identifies you. Although we can remove certain things from the site unless it's done in a timely manner everything you post will appear in Google cache & we do not have any control over that.

 

Vir prudens non contra ventum mingit

 

[sIGPIC][/sIGPIC]

17 Port & Maritime Regiment RCT

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Hi,

 

My father has certainly not signed anything at all for H Legal or CapQuest but he would have initially for MBNA or the previous cc provider that MBNA took over.

 

So in this instance should we just continue to ignore the threats by phone and mail?

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Send the CCA request to HL legal.


Anthrax alert at debt collectors caused by box of doughnuts

 

Make sure you do not post anything which identifies you. Although we can remove certain things from the site unless it's done in a timely manner everything you post will appear in Google cache & we do not have any control over that.

 

Vir prudens non contra ventum mingit

 

[sIGPIC][/sIGPIC]

17 Port & Maritime Regiment RCT

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Hi - From a slightly different angle.

 

My sister was very ill some years ago and was unable to cope with what is now happening to your father.

 

May I suggest that you get your father to sign a letter giving you the authority to discuss and act on his behalf in this matter. Get this countersigned by a witness. This would then draw them away from your Dad and they would correspond with you directly. They would not be able to issue any threats against you as you are merely a representative of 'the debtor'.

 

You could then start the CCA route as your fathers' approved representative and all contact should be made at your address.

 

I did this on behalf of my sister, and although the debts still exist and are reported on her credit file, she is no longer bothered by these people.


Every journey begins with a single step :):)

 

Please note: I have no qualifications in this area - my advice is learned from the wonderful members of this Forum. Thanks to you all for your help.

 

If you have found my post helpful please leave a short message by clicking the star to the left of my profile - Thank You

 

The only person entitled to your Personal Finance details is a Judge not a DCA

 

Move all banking activity to another banking group if you have a dispute - your funds can be used to offset debts within the same group.

Be careful with Banking details (card/account numbers) as these can be used to take unauthorised payments.

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Hi

 

Thanks for your advice. I am already his representative to MBNA once this problem fisrt arose but now that the debt has gone over to HL Legal they are only trying to contact him.

 

I will go along with the CCA request

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I sent the CCA request to Capquest on 09 Sept which they replied to on 11 Sept.

 

The letter is just a holding one the main content of which reads

 

"Further to your contact with our office and your request for further information in relation to the above account, we would confirm that your account is now on hold for 28 days whilst we obtain the information required.

 

If you have any proof of payments or correspondence that would assist with your query, please forward these documents, with a brief covering letter, to our Collections Administration department, so that we can resolve this matter as soon as possible"

Is there any action you would recommend before/if any further correspondence from them?

 

Thanks

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Just wait & see what, if anything they come up with.


Anthrax alert at debt collectors caused by box of doughnuts

 

Make sure you do not post anything which identifies you. Although we can remove certain things from the site unless it's done in a timely manner everything you post will appear in Google cache & we do not have any control over that.

 

Vir prudens non contra ventum mingit

 

[sIGPIC][/sIGPIC]

17 Port & Maritime Regiment RCT

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