3rd debt collection attemped

[m0cej]

I still keep getting reminders and adding interest every time from Reliable collection which is part of the same company...I thought with the account being in dispute that all stuff would stop but its like I said in the other posts Its like there not listening.... Is there anything in a letter I can send them as theyve already said they cant find the CCA "But they will keep looking"

 

thanks Daz

[cerberusalert]

They can add what they like but until they produce an enforceable CCA they're stuffed.

[m0cej]

I know but it will go up and up and up And what if they do find the CCA ......... they havent upto yet but?????????

[cerberusalert]

Do you remember ever signing a CCA?

 

Now that a DCA has bought it they cannot add charges.

[m0cej]

No not to my knowledge.. I signed employment contracted 25 years ago.. but I can defo say Well 99% sure that I never signed a CCA

but letter I recieved off them said they couldnt find the true copy of the CCA but they will keep searching but in the mean time just keep paying your monthly installments

 

Regards Daz

[m0cej]

Plus it was a staff accont as well will it still apply ???

[cerberusalert]

It is highly unlikely that you did sign one & even more unlikely that they'd be able to find it even if you had.

Plus it was a staff accont as well will it still apply ???

If they are claiming it is a credit agreement then CCA 1974 will apply, until they do produce it you can legally withold payments.

[m0cej]

Hi just a question, Ive just been watching a tv series the baliffs could this happen in my case...... They still keep sending me reminders and the amount is now up to 565.00 from 367.00 with the interest.. in such a short time

 

regrds Darren

[cerberusalert]

Hi just a question, Ive just been watching a tv series the baliffs could this happen in my case......

Not without a CCJ which you must have defaulted on & they can't get that without an enforceable agreement.

[m0cej]

So they have too have that cca that they cant seem to find.

"but when they do they will let me know" well they cant find the original copy they say.

But the thing is the amount keeps going up and up

 

thanks Daz

[cerberusalert]

You have said you never signed an agreement so it would be extremely difficult for them to produce one, something they would need to do to take any legal enforcement. They can add what they like it doesn;t mean they will receive it.

[m0cej]

A different letter this time not just a statement......

 

And I quote;

 

We have been instructed by our clients to consider passing your your account to a nationwide door step collection company who may visit your door step for collection of the above debt

 

You have 7 days to make a payment or to offer us a repayment plan we are ready to accept instalments to suit your circumstances

 

blah blah blah

 

It never stops

[42man]

If you know a local copper....get them to call the company and ask when they are going to call as they (the police) would like to be in attendance...or send this recorded

 

Dear xxxx

 

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 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 action will be taken, including but not limited to, police attendance.

 

Yours faithfully/sincerely

[m0cej]

Im sick of it there a pain in the a--e i will send this tomorrow but the thing is they dont have my phone number its all by mail.

 

regards Daz

[m0cej]

Hi

 

I cant believe how many letters ive had since the last post they just wont listen to anything I say or do, letter after letter and each time a £12 charge goes on. Is there a letter I can send to stop them from hassleing me. This as been going on for too long and is grinding me down a bit??

No one called to the house, when I checked again it was a phone call they were making to me apparently...

They seemed to have forgot all about the request for ccaagreement from months ago. And the letter I recieved from there there solicitor explaining that they could not locate the true copy of the cca but when they do they will contact me but in the mean time keep paying installments... please could someone tell me what to send to these idiots as its making me ill

 

Regards and thanks Daz

[F_DCAs]

If your CCA request is in, and you have proof of whoever you sent it to receiving it, then you needn't do anything.

 

They can send letters, put as many additional unenforceable charges, or make calls until doomsday - you're not obliged to pay anything or reverse your position until they fulfil your request, but what you can do, is make life more miserable for them.

 

Each and every time they make ANY kind of move (if it doesn't involve supplying your agreement), refer whoever's doing it to the OFT, Consumer Direct, and the Financial Ombudsman Service (because it costs whoever the complaint's abouty £500 a time).

[m0cej]

So I just ignore them then basically?? the last one I recieved was we know you live there we have sauced local info that says you live there ha ha never said i didnt its just so annoying and one a week can I not send them a reminder because if they are the same company I worked for then enough said.... just to put my mind at rest......

 

Daz

[Halibutt]

I suppose so... but the original debt was from a staff account! when they finished me they would do the deductions for money i owed the company and close my staff account as soon as the deductions were made... but at the time I was very poorly and just took the final cheque and thought no more of it until the first debt company got in touch...... So they must forgot to take the money I suppose but I wasnt to know that as I moved 6 months later and I couldnt access my account as it was closed.....

 

regards Darren

 

I've had a read through this thread and I sypmathise with you Daz.

 

I used to work in Payroll for the Govt. and something struck me from what I read in your post (quoted above).

 

One of the agreement conditions of a staff account or season ticket loan, etc. would be that any outstanding balance at the termination of employment would be deducted from final salary/wages payment. It's the company's payroll department's responsibility to deduct whatever is outstanding before they send your final payment out.

 

If your company didn't deduct what they alledge that you owe from your final salary/wages payment, you can reasonably claim that you received the final payment "in good faith" - it was their mistake, not yours. I have seen a few cases where this has been accepted as a reasonable argument and the amount owed has been written off as it was a payroll error and not your fault.

 

As you were ill at the time, I think you could very reasonably argue that you were not in any fit state to be able to check amounts going into your account and that you relied on your old company to do their job properly, without making payroll errors.

 

It's their fault that you were overpaid (if indeed you were) and even if nothing else works and you find that you have to repay them, they are obliged to consider/accept any reasonable repayment from you, according to your circumstances as they are responsible for the initial error. That could be as little as £1 a month.

 

Worth considering - if regulations have changed since I last worked in payroll, I'm sure someone here will be able to advise.

 

Best of luck mate.

[m0cej]

Thanks for the advice, and I said exactly that to them but they said they still want the money they for got to take out.Thats why I came on here to get the advice. Its more about the principle. I worked my bum off for that company 7 days a week in the warehouse driving stacker trucks ect... Training there staff, health and safety rep, ect and they have the cheek to say I owe them 365.00 pound.

I come on here for advice I got told about this cca agreement so I just went with that option..(hope it right ha ha as the amount creeping up ha ha) But they wont let up at all and its now 550.00 after there add ons

Im still not right, health wise and still out of work (Well not able to work) as ive got loads of problems with my ticker right ventricle function very poor, blood pressure and diabetes (lucky lad me) even after the op and the stress is doing me absolutely no good at all. As there at it all the time, and ive told them this as well..... there not bothered....

 

thanks a lot Daz

[Halibutt]

If you click on the bold link "overpaid" in my previous post, then it will explain slightly better than I have.

 

I'm also pretty sure that as it's their fault in the first instance, they are not allowed to add interest or administration charges to the amount they claim you owed at the time of leaving employment. At most, if the "In Good Faith" argument isn't accepted, all you would be liable for would be the overpayment itself - payable in manageable installments according to your circumstances/income.

[m0cej]

Its started again I moved address 5 months ago and I have another debt collector after the cash .... WILL IT EVER END... All the others dropped it so whats different with this company,,,,, Ive forgot what to do can someone please please advise me again

 

Thanks in advance Daz

[BRIGADIER2JCS]

Debt sold on without any reference to any previous problems!

Which DCA is on this now?

[m0cej]

So what do I do next as this is the 4th DCA now so no ones listening

 

Daz

[m0cej]

Hello all.

Ive been contacted again by a 4th DCA. The last one being a couple of years back. I think its because I moved address 5 months ago ..... please could advise a letter I can sent this company ... As Ive moved back in with my OAP parents and my mothers flapping plus my dads just getting over a heart bypass 5 weeks ago.... Ive posted all threads on here over the years... and sent all the relevent template as advised and it seemed to sort its self out ...... BUT THERE BACK lol

 

thanks Daz

[renegadeimp]

Please continue this thread in your previous one. No need to make another.