Asset Recoveries UK hassling re mortgage shortfall from 2000- ** Statute barred ** :)

[angry cat]

ARUK are claiming that, they are attempting to resolve the matter in an amicable manner.

 

But, they have not complied with the SAR and to date have failed to provide any documentary evidence providing proof of the alleged debt.

 

Making wild statements about producung the above letter in court, is absolutely ridiculous when the firm itself has not fulfilled its legal obligations!

[citizenB]

Dear Sirs,

 

I acknowledge no debt to your company

 

With reference to your letter dated 19th February 2009.

 

"I note your statement that you intend to instruct agents to visit my home and I would advise the following:

 

Under the Office of Fair Trading (OFT) Rules, you can only visit me at my home if I have made an appointment with you. There no need, as Written Communication is quite acceptable in Law.

 

Please note, there is only implied license under Common Law for people to visit me on my property without express permission; the postman and people asking for directions (Armstrong -v - Sheppartd and Short Ltd (1959) 2Q.B. per Lord Evershed M.R..). Therefore, take note that I revoke license under Common Law for your Employees, Agents or Representatives to visit me at my property and , if any of the above does so, your Company will be liable to Damages for a Tort of Trespass and Civil Action will be taken.

 

I reiterate, that I require all communication between ourselves to be in writing. This protects both of us in the event of litigation.

 

Please also note, that I have asked you to provide proof of the liability which you say I owe both by letter and in the form of a Subject Access Request. You have failed to respond.

 

Yours etc,

 

 

Unless anyone else has any ideas ?

[spamheed]

 

Unless anyone else has any ideas ?

 

It's already been sent CB, I think that this will continue for a while yet, they seem unable or unwilling to understand the rules of the game that they are insisting on playing.

 

Once this particular series of threats has run its course then I reckon

 

Unable to fulfill an SAR (complaint to ICO)

Unable to prove the debt (complaint to OFT/TS)

SAR to OC.

 

Will hopefully prove if debt is SB and in the case that it's not, then hopefully put ARUK back in their box until it is.

[angry cat]

Ok... have re-read the thread and am pretty sure Aruk have bought this one in the hope of getting money from you prior to it becoming stat-barred. Not sure what role Phoenix have in all of this at the moment, but as it is Aruk who are writing to you, then it is Aruk you should be dealing with for the time being at least. From what I've read so far, Phoenix have never made contact with you. Is that correct?

 

You've said that a SAR already went to Aruk some time ago? They replied with a letter that you've since deleted from the thread, but under a SAR.... they should provide you with everything that they have on you... but don't seem to have anything, as I see it.

 

So.... I've drafted up a letter of complaint that needs to go to Aruk by rec. delivery. As this has been put together rather quickly, I'd be grateful for any comments before you send it off..... but I think all of your points have been covered and the ball is now in their court.

 

 

Dear xxxxx

 

Your Ref xxxxxx

 

COMPLAINT

 

I do not acknowledge any debt to your company or to any company or “client” who you claim to represent. I refer to your most recent correspondence; the content of which has raised a number of concerns.

 

Firstly, your company has failed to establish any legal right to pursue me for payment towards an alleged debt, either by Equitable or Absolute Assignment and until such times as I am satisfied that I owe anybody any money at all, no payments will be forthcoming to anyone. I therefore require a full, written explanation as to the basis of your claim for payment.

 

Secondly, you appear to have used the threat of court proceedings to coerce me into providing you with information that you have no legal right to receive, yet as already stated, have been unable to furnish me with the requested documentation under my SAR. Notwithstanding the content of this letter, you now have X amount of time within which to comply.

 

As I am sure you are aware, your threat of legal action puts you in breach of the Consumer Protection from Unfair Trading Regulations 2008 and the Office of Fair Trading Guidance on debt collection. I therefore require a full, written explanation as to your reasoning behind these threats. I also require full, written details of the type of assignment that you claim to have; Equitable or Absolute; together with the date upon which you claim this took place and any Notice of Assignment that you sent out prior to making contact with me.

 

Thirdly, I am concerned with your apparent anxiety in urging for a written acknowledgement from me in relation to the ambiguous Mortgage Transaction History that you claim to have in your possession, but which has never materialized in any of your correspondence. I therefore require a full, written explanation as to where this document originated from, together with a full breakdown of the alleged balance that you claim to be outstanding.

 

Fourthly, should it be your intention to carry out your additional threat of a doorstep visit to my home, 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 & 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.

 

Notwithstanding the above, at no time have I consented to the processing by you of my data in any way that would breach The Data Protection Act, 1998. If this alleged debt had been legally assigned to you, then any personal data held in the Mortgage Agreement allegedly entered into may only have been passed to you provided that my (the borrower's) authority was obtained in that Agreement. As this is not the case however, then I must point out that you have certainly not requested and I have not given any permission for my personal data to be passed/shared/received by you at all.

 

You may therefore consider this letter a statutory notice under Section 10 of the Data Protection Act, 1998 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 credit reference agencies (if applicable). Should you refuse to comply, you must within 14 days provide me with a detailed breakdown of your reasoning behind continuing to process my data. It is not sufficient to simply state that you have a legal right, you must outline your reasoning in this matter and state upon which legislation this reasoning depends.

 

I look forward to a favourable response within 14 days of the date of this letter; informing me that on this occasion you have made a genuine mistake and that your files are now closed. Failure to respond favourably however, will result in me reporting this matter to Trading Standards, Office of Fair Trading, The Financial Crimes Branch of HM Treasury and any other authorities as I see fit.

 

Please also note that any further attempts to contact me by telephone will be duly logged by time and date before being rejected.

 

Yours faithfully,

 

 

IW, has already sent the above CB!

[angry cat]

Just re-read the thread and in my opinion the alleged debt is statute barred.

 

ARUK/Phoenix are trying it on...

[angry cat]

by CarVal:

 

We Focus on Loans that are:

Sub-performing,non-performing or write-off

 

Slow paying, partially paying or delinquent

 

Paying under a modification agreement, or bankruptcy plan

 

Other Assets that are:

 

Non-uniform or non-conforming Management intensive

 

Illiquid

 

Generating uncertain/random cash flow streams

 

Irregular, falling below standard market returns."

[citizenB]

Sorry AC and spamheed, I didnt read the thread.. just saw the last couple of posts.

 

P1's is a far better constructed letter

[irate-wife]

Oh my lord, what a pretty picture these people paint for a judge to see th arrogance and predatory nature of their business. "We reserve the right to produce this letter in court in future.....?" that's not a threat is it?

 

You owe us the money because ......well we say you do?

 

IW if you become concerned about a doorstep visitor actually attending, I'm close enough to pop over and lend six feet and 18 stone of "moral support" if you need it

Hi spamheed, thanks for that, if I do need you I will get you.

[spamheed]

Sorry AC and spamheed, I didnt read the thread.. just saw the last couple of posts.

 

P1's is a far better constructed letter

 

 

Only the best posters on this thread

[irate-wife]

Hi there my friends, Just to let you know I havent forgotten about you all and a quick update as to whats happening, I sent the letter of complaint to aruk and apparantly they recieved this on 23rd feb, still had no reply to it as of yet. i honestly thought something would of came on saturday as thats the normal day for me recieving letters from them. Well thats all to report for now. Just keeping fingers and toes crossed they come back with a good result.

[firstship]

Hi,IrW............dont think you will find ARUK will reply at all quickly,they will probably try to phone you,just tell them in writing only.Ive had an SAR lodged with ARUK since November 2009,No Reply,they have tried to phone on 2 occasions,they just get the message I will not discuss it on the phone ,in writing only,cant even get a reply from Phoenix.Ive put this on the thread before,you need to get a letter from Phoenix confirming that ARUK can act on their behalf,as it stands at the moment you are accepting the word of ARUK that they represent Phoenix,as a number of Caggers have already said DONT,the longer you keep them in the position of not aknowledging any debt of any description time will run out and become Statute Barred which I think it has already................Keep fighting you will win....FS

[PriorityOne]

Hi there my friends, Just to let you know I havent forgotten about you all and a quick update as to whats happening, I sent the letter of complaint to aruk and apparantly they recieved this on 23rd feb, still had no reply to it as of yet. i honestly thought something would of came on saturday as thats the normal day for me recieving letters from them. Well thats all to report for now. Just keeping fingers and toes crossed they come back with a good result.

 

They're little brain cells are under a lot of pressure IW....

[gh2008]

Ive had an SAR lodged with ARUK since November 2009

 

I presume you used these details

Registration Number: Z6745827

Date Registered: 19 June 2002 Registration Expires: 18 June 2010

 

Data Controller: ASSET RECOVERIES UK LIMITED

 

Address:

1ST FLOOR DOMINION HOUSE

SIBSON ROAD

SALE

MANCHESTER

M33 7PP

 

If so you really *must* complain to the ICO and Trading Standards and the OFT and basically anyone else you can think of.

 

Complaints to the ICO really matter to these people

[firstship]

Hi......gh2008......yes sent sar to Sale,Manchester and complaint gone into ICO and FOS,sent complaint also to OFT some time ago as you are probably aware OFT will record your complaint for future action if they get enough complaints,they will act (i hope) dont want to hijack the thread it belongs to IR even though were both dealing with the same SC......m..ARUK and PHOENIX for the same reasons.............thankyou.........FS

[SWIS]

With the pace of progress so far, I fully expect this thread to be a 75 page epic !!

[irate-wife]

Hi friends, just a quick update. 14 days have now past since my letter of complaint was recieved by ARUK and no response whatsoever from them. Also the response to the subjust access request has not been met in the timelimit. I suppose I will just have to sit and wait til their next correspondence arrives.

[firstship]

Hi..IR......quite right just sit tight at this stage,remember my SAR dates back to Nov 2009 no response,and letter 5/6 weeks no reply,the longer no reply the nearer to statute barred,all the very best........FS

[irate-wife]

Hi FS I got til may next year for it to be SB. I been watching your thread also. I wish you all the best luck in the world and thank for your kind words. I am just hoping they dont continue with this as it had me really worn down at first, I am just glad I happened to come accross this site or I might of been tempted to pay this. Everyone on here helping me are Royal Gems.

[gh2008]

I suppose I will just have to sit and wait til their next correspondence arrives.

 

Get your formal complaints off to the ICO about the SAR and the OFT and their local TS about the ignored formal complaint.

 

The more complaints the authorities get about these people the better. They need to get a 'threshold amount' before they take action, although when they do take action it can be quite comprehensive!!

 

Get those complaints in and keep complaining

[irate-wife]

Hi GH, will get them sent off tomorrow. Thanks.

[irate-wife]

Anyone know if you can claim credit card charges as I have 2 and my huband says I can claim them back. I know its got nothing to do with this thread but if you can point me in right direction it would be much appreciated.

[tedney]

Hi I-W

Try this, I hope the link works!

The Consumer Forums - Not all charges are Bank Charges - so claim them back

[centosboy]

Hi FS I got til may next year for it to be SB.

 

 

From which date are you counting from?? repossession, sold or default date??

[spamheed]

the law clearly states that the statute barring clock clock starts from the date the account would have defaulted. the other side (ARUK) are using the date of sale because it serves their purpose.

 

Be aware that the OP has been advised that the other half have been reading this thread and have basically told the OP that what they are being told is rubbish.

 

Just to reiterate the following:

 

The OP has been advised to make them prove that the debt is not statute barred - they have failed to do this.

 

The OP has been advised to make them prove that they have a lawful right to enforce this debt (something that the Gov't, CAB, Trading Standards et al confirm is the correct action to take) - they have failed to do this.

 

On the other hand, the other side claim that the OP has been misinformed and that the information delivered is incorrect.

 

So they will be popping proof of the debt not being statute barred and also of their lawful right to enforce the debt in tomorrows post?

 

I thought not

 

Simply be aware before you type another letter that not everyone who posts on this forum is genuine and not everyone is taking a real interest in your situation, it is now clear that ARSEUK are perusing these forums in order to find out a little about the law.

Edited March 12, 2010 by spamheed

[spamheed]

Anyone know if you can claim credit card charges as I have 2 and my huband says I can claim them back. I know its got nothing to do with this thread but if you can point me in right direction it would be much appreciated.

 

 

There is an entire forum section covering this practice. It al;l starts with a single letter.

 

IW Please be patient, The people who have been helping you may not be online immediately.

 

Look at it this way, if they were so sure of their case and could prove the SB status in their favour, if they could show how the amount demanded was arrived at, as well as showing that they have a lawful right to enforce the debt, oh and they could demonstrate exactly how they and phoenix are linked and how a Luxembourg company has managed to get a UK credit Licence and why neither company have answered any of your queries. If they get you into court they are going to have to answer all of these questions to the judge in any way

 

But they haven't done any of these things have they?, despite your numerous requests to do so, so I'm not exactly sure which bits of the information you have received is incorrect.

 

Perhaps we should all be telling you to send wads of money in bra=own paper bags to unknown persons in Luxembourg?

 

Nah I don't think so neither

Edited March 12, 2010 by spamheed