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Fairfax Solicitors... what do I do next?


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Am hoping some help can be given here... just want to make sure i'm on the right track and get some clarification.

 

I sent a cca request to fairfax in december... but they continued to harass me by phone and send me letters threatening doorstep vists/court action/to take the money straight from my wages via the company i work for.

 

I have sent them another cca request, this time sent it recorded delivery as didnt do this first time round, and will assume they will claim that the first request was never received. I also sent another request in between all this to ask the phone calls stop - these have so far.

 

I just wondered what the next step is really... if they cant provide an enforceable cca what is the next step... can i still be taken to court or receive a doorstop visit? Or if they do provide it does this just mean I have to pay up?

 

they say the debt is through max recovery for an mbna card i believe, and has since been passed to fairfax. however ive never received anything from max recovery by post or phone call, and dont know who they are or anything about them.

 

also if anyone has a letter template about doorstep visits please can u post the link, i am really worried about these as im not at my home much of the time and would hate for them to turn up and the people I live with find out.

 

I sent the cca request yday recorded so guess its just a waiting game now....

 

any help/advice/support much appreciated.

 

thanks

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You need to put the account into dispute with the template letter the phone harassment letter is also there, 12+2 days since you sent it. Then you are under no obligation to pay anything but the debt remains.

 

What was the debt for?

I have no legal training, any knowledge I have has come from this forum, and my own experiences. Always balance up any advice you get with your own common sense.

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Doorstep collectors, I've a good letter at work to send regarding this so I'll look it up and post it but it wont be till late tomorrow.

Its basically saying that they are tresspassing and it is illegal under a certain act but I cant remember off hand which one it is. If nobody else comes up with it as I said Ill post it up tomorrow.

They are required to write to you to say "We will be calling on you on such a date between whatever hours" or words to that effect. This should be in an envelope. I must admit tho Ive spoken to three people today where they just came round.

You dont have to speak to them you can tell them to shove off as they are tresspassing because you havent invited them.

They also just threaten this in the hope that you will be intimidated into making a payment that you cant afford.

I would also have sent Fairfax the account in dispute re your first CCA request quoting the date you sent it or just enclose a copy of your original request. Id also send this RD.

Who did you send your second CCA request to if it was Fairfax Id just wait and see what happens and not send the account in dispute letter to them until 12 + 2 days are up.

DG

I have no legal training my knowledge comes from my personal life experiences

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I believe this is the letter you want for a Doorstep Collector.

 

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,

Remember to print your name never sign it.

:cool::cool: Blondmusic :cool::cool:
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thanks for your help guys, much appreciated.

 

as far as im aware the debt was from my failed IVA, the debt was passed to max recovery, like i say who i heard nothing from, and now all of a sudden receiving phone calls and letters from fairfax solicitors, saying debt now passed to them.

 

i did send a copy of my original cca request towards the end of december, but since then received two more letters demanding payment, hence why i have now sent it again- recorded delivery, with a postal order of £1. this way once its signed for they cant claim to have not received it.

 

the letters saying about court action/doorstep visits do state 'may' so im hoping this is just a threat diamondgirl. and yes pls post that letter tomorrow if nothing else shows up before then, really grateful.

 

cheers for your help... any more advice appreciated and will keep post updated as to what happens next...

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