Gym debt , ARC now scotcall threatening me with a 'visit'

[teaboy2]

well heres my response that included an attached invoice for £25 for admin charges that i sent to scotcall.

 

Dear sir/madam

 

i write to you with regards to your letter dated 24th October 2009. I

inform you that this account that has been passed on to you is still in

dispute with Direct legal collections (DLC), and therefore passing it on

to yourselves is a breach of OFT guidelines as the dispute is not

resolved. Therefore if you yourselves continue to pursue this debt that

i do not acknowledge owing to your company or that of DLC and the

original creditor, then you will be in breach of the Data Protection Act

and Information act along with DLC for processing my data without my

consent. You are therefore to stop processing my data effective

immediately.

 

Now with regards to the content of your letter. "failure to reply or

contact us within 7 days of the date of this letter will result in your

account being passed onto our Field Representatives to Arrange a

Doorstep Call".

 

Well that's not going to happen! Because i can tell you now, i will

never agree to have such field representatives come to my home. 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 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 any necessary action will be taken.

 

So to summarize, you can not lawfully pursue me for this debt whilst it

is still in dispute with DLC, to do so would be a breach of the Data

Protection Act and Information Act as you do not have my permission to

process my data and such data should never have been given to you in the first place, as the account is in dispute with DLC. Secondly, sending

any of your so called field agents (bailiffs) round would be a breach of

OFT guidelines as well as an unlawful act on your part, and legal action

will be taken against you in response to such action.

 

Oh, and DLC failed to comply with my request for a true copy of

original agreement. Since it has now been over 30 days then they are in default of the so called debt. So another reason why it should

never have been passed onto you. if you wish to continue pursuing the

debt then you will be acting unlawfully and will be reported along with

DLC to the OFT, Trading standards, information commissioner and

financial ombudsman In which you may be subject to a large fine as a

result and not to mention the possibility of having your credit license

taken away from you.

 

Also you are not to contact myself by phone, to do so would be deemed

as harassment.

 

Also please note that an Invoice to cover my administration cost and

time lost as a result of dealing with your letter has been attached to

this letter along with your payment options. Failure to pay within 14

days will result in further charges being added for each payment

reminder sent to you. If you continue to fail to pay then debt

collection proceedings may be issued against you. Alternatively you may

pay through PayPal by sending payment to (email address removed)

and put in the notes section your invoice number and mark for my

attention.

 

Also with regards to the postal strikes currently occurring in the UK,

can you please respond by email to prevent any loss of your written

response or payment details in the mail. thank you.

 

 

Yours Sincerely

 

 

And here is there response recieved within 2-3 hours from my email to them.

 

Good Afternoon

 

Thanks for attached, The account will be closed noting your dispute and

returned to our client, who will be in touch with you direct. We have no

further information on this account.

 

S White

 

 

ScotCall

3rd Floor

Spectrum House

55 Blythswood Street

Glasgow

G2 7AT

 

 

www.scotcall.co.uk

 

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So far not heard anything from anyone else about this so called debt. but i intend to follow up on the invoice i sent them if they dont pay me on time, lets see how they bloody like being chased and sent threatograms for debts lol.

[DonkeyB]

You should sell the debt to Lewis/Howard Cohen who will probably issue a claim form before the ink is dry! A DCA chasing a DCA - that would be fun.

 

Unfortunately, I think you'd be obliged to warn them BEFORE trying to make charges for letters, etc. Because that's the law - the law which every DCA sticks to rigidly, as we all, er, know.

[teaboy2]

well when they start to warn me before sending me letters demanding money including their charges, then ill start to warn them about charges for letters i have to send back lol

 

oh and good choice on the DCA you recommended i hear they can be alot of fun to deal with lol

[lickthewallfatboy]

wescot already owe me £100 for staff training,and I will be pursuing it if they don't cough up

 

likewise worst crud owe me £70.....

 

if they think I'm bluffing,they're very much mistaken,I can assure them!

[phil_nottingham]

ive noticed that the moment you challange scotcall they immediately close the account, has anyone else noticed this?

[MissDVL]

Thoughtful. Stamping and addressing an envelope, yet hand-delivering it themselves...

 

Oh no, they didn't hand deliver it...it came with the post, complete with post office ink stamp! How bizarre...

[bobinky]

Barclays finance partnership,they do car loans.Funny thing is I thought it was a car loan so I phoned them and said sorry I'm financially in the poo so can you take the car back and they said no because it wasn't a car loan just a loan to buy a car,through hippo finance,so I sold it bought a cheaper car and paid for the bankruptcy with the rest.

[timidmouse]

"Well I have been chased by DCAs since March, paid nothing to them and certainly won't be giving in now!"

 

How very responsible of you. Will you be teaching your children not to pay their debts and taxes as well?

 

What difference does it make what powers these DCA's have. The fact remains that you have all admitted to canceling your memberships and are refusing to pay the money you owe. Yet you all slag off bailiffs and DCA's like they are the crooks yet here you all are gloating over the fact that your simply not going to pay what you owe.

 

I think this site has lost its purpose.

 

 

Some of us genuinely did cancel our membership, and in my case I paid two months more than I was supposed to as I was officially coming to the end of the first 12 months and should only have had to pay for one month. David Lloyd refused to accept that they had received my letter even though I handed it in myself by hand and with a witness present. I have been hounded for two years and I am glad that the people on this forum have given me the confidence to stand my ground. We're not irresponsible, just refusing to be bullied.

[Happyhippy1959]

Good old Scotcall, they were the only one's that turned up on the hippy's door un-announced. Kevin was his name, told him no uncertain terms will talk till the cow's come home on all subjects including the meaning of life, but as for my personal debts... do one.

 

Guess what, Muppetcroft on the scene now,,, hiking charges on a an 02 bill etc etc,,,, wrote to O2 complained but them muppets just said deal with muppetcroft.. but at least they gave me a figure of what was owing,,,, hmmmm a lot different from muppetcrofts figure, repeat the same old same old,,,,, £1.00 token payment and that is all I can afford, good enough for Yorkshire bank on £13,000 good enough for them. Set up standing order and the cheeky gits write and say thank you hippy for your £1.00 but you have not agreed a plan with us...heeeeee,,, what plan say's I, take it or leave it, or see you in court.... Await there next instalment. hmmm. Had a problem with Brookes and Bentley over a £45.00 left owing on some jewellery, cheeky sods charged me £20.00 late payment fee,,, guess what, hippy paid the £45.00 and told them to whistle for the late charge, where do they get these figures from. All paid off and not heard a dicky from CCS collect... Did not even have the decency to acknowledge my letter. Bit I digress, if every Neanderthal of a DCA turned up who said they would, I would bring the estate to a halt with congestion.