fairfax solicitors are after me!

[mrviper]

hello all this is my first post

 

i was made redundent 13 months ago and luckely enough i could move back home

 

and my IVA failed around august that i had with Debt free help line manchester

 

then end of november the calls from fairfax started and never stoped i get computer generated calls etc

 

on every call i say im skint and cant afford to pay on job seekers allowence. and use my money to look for jobs (petrol in parents car) and pay rent parking fees and food

 

3 days ago i get a call and he asked the usual questions and he got the usual reply but this time he says he is now going to start legal procedings and will be sending a letter because fairfax isnt there to be messed around with !

 

anyhow the letter arrived yesterday and here it is:

 

also is it worth applying for the original credit agreement ?

 

 

 

[silverfox1961]

Hi,

Firstly, all those threats they make are just that-threats. This debt has to go to court first and then if they do get a judgement against you and you fail to pay that judgement then and only then can they go back to court to apply those sanctions.

 

Stay off the phone to them. That is their tool of choice to scare the un-knowing. Refuse to go through the security questions and you make them impotent (if they weren't already )

 

Can you let us know what the debt is for and then we can advise further and also how old the debt is?

[mrviper]

its for alience and leicester credit card (mbna) and first started to strugle with payments about 4 years ago then went on to debt management with debt free help line manchester for about 18 months paying 250 a month

 

then DFH put me on to an IVA that lasted about 18 months before failing and that was 301 a month

 

everything was good when i was working i could see the light at the end of the tunnel

 

i have the forms from the court to go bankrupt and unsure weather i should proceed as my total debt is 31k i only own a focus worth about 1K with new mot and tax runs put at the end of the month and 153k miles on the clock

 

other companys havnt botherd contacting me once since the iva failed dont know why but in not complaining about it

 

also when dfh took over my stuff accounts got sold etc but all the letters went to them so i dont know who i owe to and how much! they just sent me a letter saying the iva been terminated and thats it

[silverfox1961]

It's up to you if you want to go the BR route but as you have no assets, I can't see that being too much stress for you.

 

On to fairfax, I do think a CCA request is the way to go at the moment

Letter 8 here:

 

The Consumer Forums - Debt collectors

 

Do not sign it-just print your name

enclose a £1 postal order-no cheques

send by recorded delivery and track it's delivery

 

Any more letters they send you, file them with the envelopes.

 

If they want to play silly buggers, so can you

 

If this did end up at court, the judge would take your circumstances into account and order you to pay what he/she thinks you can maintain. This will always be less than any debt collector wants which is why they only go to court after exhausting all other avenues and after they have checked you out financially.

 

Try not to stress out. It's only money after all:)

[debt4get]

To Whom It May Concern:

 

Your Reference: Agreement Number:

 

I DO NOT ACKNOWLEDGE ANY DEBT TO YOUR COMPANY

 

 

With reference to the above account, I request that you send me a true copy of this Credit Agreement before I will correspond further on this matter.

 

This is my right under the legislation contained within Section 77 (1) and Section 78 (1) of the Consumer Credit Act 1974, and I am entitled to receive a copy of my Credit Agreement on request.

 

Your obligation also extends to providing me with a statement of account. I enclose a £1 Postal Order, which represents payment of the statutory fee payable under the Consumer Credit Act. I understand that a copy of my Credit Agreement should be supplied within 12 working days from the date of this letter.

 

I also understand that under the Consumer Credit Act, creditors are unable to enforce an agreement if they fail to comply with a request for a copy of the Agreement under these sections of the Act.

 

 

 

In summary, I DO NOT ACKNOWLEDGE THIS DEBT AND THEREFORE REQUIRE YOU TO SUBSTANTIATE THIS BY PROVIDING THE FOLLOWING DOCUMENTATION BEFORE I CORRESPOND FURTHER :

 

 

1. True copy of original Credit Agreement

2. Statement of Account

3. Copy of the executed Deed Of Assignment from the Original Creditor and Thames Credit Limited.

4. Fair Processing Notice.

 

The time limits, which are laid down in the Consumer Credit (Prescribed Periods for Giving Information) Regulations 1983 are clear. You must supply an executed Credit Agreement within 12 + 2 working days of a proper Consumer Credit Agreement request.

 

 

As you are aware, a Credit Agreement that is not properly documented and signed by the customer is totally unenforceable under the Consumer Credit Act and therefore is a complete defence to any court claim that is issued.

 

 

Take note at this stage, that any legal action you may contemplate will be both vigorously defended and contested.

 

Further to the above, please ensure that any contact by yourselves is made in writing only to the above address. Telephone calls and personal visits will not be accepted and viewed as harassment - Administration Of Justice Act 1970, Protection From Harassment Act 1997, Communications Act 2003. If you continue to harass me by telephone I will report you to OFCOM, Trading Standards and The Office Of Fair Trading, meaning that you will be liable to a substantial fine

 

May I remind 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.

 

I look forward to hearing from you within the statutory time limit.

 

Yours faithfully

 

 

send letter do not speak to them on phone if they ring ignore or refuse to answer security questions, wait for agreement then post removing details, so we can advise on whether enforceable or not

[debt4get]

sorry silverfox you beat me to it

[silverfox1961]

sorry silverfox you beat me to it

 

 

S'alright.

I happen to think that the more people that say the same thing is a good thing as it puts the OP at ease.

[diamondgirl]

I'd certainly go after a CCA you never know your luck. I get that request off in the post Monday they then have 12 + 2 days to respond. Show them that you know your rights and that you are in charge. Always remember anything said over the phone can be denied at a later date and if they say the call is recorded that recorded call can be lost.

 

Remember never speak to them on the phone and everything you send to them should be at least RD.

 

You should contact dfh and ask them to return all your paperwork including details of who the creditor are and a statement they have a duty to return all paperwork they have to you, they may want to charge you for the postage but you do need the information.

 

DG

[mrviper]

wow thanks for that il do this right away

 

sorry if my replys are not verry good im not too good at typing letters and forum posting because my brain is a bit slow lol

 

is there a forum about going BR?

 

thanks for your help i rearly apreciate it

 

once i get my self sorted i will donate some money

 

edit you answed quesion while i was typing

Edited February 13, 2010 by mrviper

[mrviper]

sorry to post again but i signed it with a hand witten looking font

 

is this good or bad ?

[silverfox1961]

No that's fine so long as it looks different to your real signature then if they happen to "lift" your signature, you will "av 'em"

 

What might happen is that they do get a copy of your agreement with your signature on it and they happen to see the signature mismatch. If that does happen, they will write to you and ask for your signature.(there are ways to deal with that too) They also sometimes ask for signatures just for the pure hell of it.

[mrviper]

ok bebt4get's letter is in envelope with fairfax adress on it waiting for the chance to get postal order added to it

 

what is this "Thames Credit Limited" in the letter ?

[silverfox1961]

Debt4get's letter was unique to him/her so you need to edit out those details that don't apply to you. Thames Credit are another DCA (I think) Replace it with Arrow.

As you get to know the forum, you will get to know the names of all the lowlifes DCA's out there.

[palomino]

is there a forum about going BR?

 

There certainly is!

Go back up a level to the forum list and look for the 'Formal Solutions ...' forum

[silverfox1961]

There certainly is!

Go back up a level to the forum list and look for the 'Formal Solutions ...' forum

 

 

As the Op is a newbie, I thought it would be easier to post the link

 

Formal Solutions: Bankruptcy, Administration Orders and IVAs - The Consumer Forums

 

Just shows how much attention I take as I didn't know it was there:(

[mrviper]

wow thanks guys

 

its now changed to fairfax solicitors limited

 

shows how silly i am printing the letter with that other company's name in it!

 

sorry for being a total noob and asking obvious questions

[mrviper]

hello i posted cca letter special delivery 22/2/2010 its now 8 march and no reply yet

 

and they sent me another letter today...

Edited March 8, 2010 by mrviper

[silverfox1961]

The 12th working day ends tomorrow so if no reply to your request arrives, you can send letter 20 from here:

 

The Consumer Forums - Debt collectors

 

Also have a look at letter 4 if you don't want them to show up and try to collect your doorstep

[mrviper]

small update

new letter arrived yesterday:

 

[debt4get]

the we 'may' says it all...we may send another letter...we may...we may..we may usual drivel ignore

[silverfox1961]

They shouldn't be chasing you while a CCA request is outstanding. Complain!

 

If anyone should happen to turn up give them a copy of the letter i pointed you to in the post above and politely slam the door

They have no rights to come to your door after you have told them not to and if they refuse to leave, call the police and report a trespasser.

[mrviper]

i forgot to add when they ring up and they ask for me to verify my age etc i say "no sorry i cant do that" i usualy get a grunt and the phone gets slammed down lol!!

[mrviper]

please close i have gone bankrupt

[debt4get]

was that voluntary?

[mrviper]

yep it cost me £350