Threatening Letter

[seasidegirl]

Hi my son received a letter this morning from a company called Jacobs Debt Recovery it is for a gym subscription he used to have with the local council. There was a three months cancellation period but because of numerous disputes he cancelled the subscription and also cancelled the direct debit, the main reason for this was due to the fact the times he went to swim he was unable to do this because the pool was cordened off for none subscribing patrons mainly schools. This was mentioned to the manager on numerous occasions and was told it was unlucky and we would have to put up with it.I wrote to the local council and explained what had happened and what i was going to do, heared nothing so i thought everything was okay until this morning, I havent responded to the letter yet could someone please advise what to do next

 

Thank you

[debt4get]

i would think your first response should be a 'prove it' letter..this should give you the paperwork you are going to require in order for them to say they can legally collect on this debt..letters in template section

[seasidegirl]

i would think your first response should be a 'prove it' letter..this should give you the paperwork you are going to require in order for them to say they can legally collect on this debt..letters in template section

 

Hi, thanks for the quick reply, this might sound thick but I cant for the life of me find the letter in the templates section, any chance you could post me a link.

 

Thanks.

[dcakiller]

hi here is the prove it letter

 

 

Name/Address:

 

Date:

 

Dear Sir/Madam

 

You have contacted me/us regarding the account with the above reference number, which you claim is owed by myself/ourselves.

 

I/we would point out that I/we have no knowledge of any such debt being owed to (insert company name).

 

I am/we are familiar with the CPUTR 2008 and the Office of Fair Trading's Guidance on debt collection, which states that it unfair to send demands for payment to an individual when it is uncertain that they are the debtor in question.

 

I/we would also point out that the OFT say under the Guidance that it is unfair to pursue third parties for payment when they are not liable. AND in not ceasing collection activity whilst investigating a reasonably queried or disputed debt you are using deceptive/and or unfair methods.

 

Furthermore ignoring and/or disregarding claims that debts have been settled or are disputed and continuing to make unjustified demands for payment amounts to physical/psychological harassment.

 

I/we would ask that no further contact be made concerning the above account unless you can provide evidence as to my/our liability for the debt in question.

 

I/we await your written confirmation that this matter is now closed. Otherwise I will have no option but to make a complaint to Trading Standards and also inform the Office Of Fair Trading of your actions.

 

I/we look forward to your reply.

 

Yours faithfully

[Darkangel68]

Sorry wrong thread

[patrickq1]

there is also a DATA PROTECTION ISSUE HERE AND YOU MUST SEE ANY SIGNED CONTRACT GIVING PERMISSION FOR YOUR DATA TO BE HANDED TO A THIRD PARTY...

[dcakiller]

a side thought would be to complain to your local councilor about the gym ie the pool always being cordond off as well as complaining to the councilor whom is in charge of the gyms for you local council and ask them to have the debt witten off.

[harrassed senior]

Contacting a local newspaper, or threatening too is usually a good negotiating point!

[seasidegirl]

Hi, this morning my son received another letter from Jacobs (it seems as if they totally ignored the prove it letter), this letter is from a welfare adviser from Jacobs and it says:-

 

Dear Mr XXXXXXX XXXXXX

 

My name is Susan Walker I work as welfare adviser for Jacobs Debt Recovery. Your case is due to be passed to our collections team for doorstep collection.

My job is to try to help you and make arrangements to pay the debt without the need for further action.

It is in your intrest to contact Jacobs in the next seven days and make an offer of payment THIS DEBT WILL NOT GO AWAY AND MUST BE PAID.

JACOBS CAN ONLY HELP IF YOU CONTACT US NOW ON 0845 601 2692

 

Whats my next step?Thanks.

[kiptower]

you might want to tell her she got it wrong

 

THIS DEBT WILL GO AWAY AND MUST NOT BE PAID.

 

it is in dispute and all collection activities MUST CEASE

[debt4get]

threatogram part 3....make sure you have that doorstep well polished....god alone knows what they are doing with all these doorsteps?? usual drivel and nonsense just ignore

[dcakiller]

if and it is a big if anyone turns up remember they have zero rights just tell them to get lost and if they do not get off your property call the police (not 999 unless they are threating).

[seasidegirl]

Thanks for the replys, do I resend the prove it letter and also add that if someone turns up on the doorstep then the police will be called? or do I not send anything?

 

Thanks.

[harrassed senior]

There is is a template letter you can send, I will look for it.

[harrassed senior]

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.

 

In Scotland change the last paragraph to :-

There is only an implied license under Scots Common Law for people to be able to visit me on my property without express permission; the postman and people asking for directions etc. Therefore take note that I revoke license under Common Law for you, or your representatives, to visit me at my property and if you attempt to send such a collector to my home, you will also be reported for harassment and I shall seek damages for a delict of trespass. You would also be liable for conspiring in a delict of trespass by acting in defiance of my instructions and sending someone to visit me nevertheless. Should it be necessary, I will obtain an interdict from the Court to prevent you carrying out your threat.

Yours faithfully,

[jon888999]

you might want to tell her she got it wrong

 

THIS DEBT WILL GO AWAY AND MUST NOT BE PAID.

 

it is in dispute and all collection activities MUST CEASE

 

Exactly!

[seasidegirl]

Ok thanks Harrassed Senior, I sent the letter this morning, I also received a letter from them this morning and it goes like this:-

 

Dear mr xxxxxxx xxxxxxxx

 

We acknowledge the receipt of your letter dated xxxxx xxx xxxxx and note the contents herein.

We write to advise you that we have been instructed by your Local Authority to pursue you in respect of Sundry Debts, this being a xxxxx xxxx membership with an invoice date of xx xxxxxxx 2009

If you are disputing this account, we would respectfully suggest you contact your Local Authority to discuss the matter further. However, we are unable to hold any action whilst you do so.

 

We would also take this opportunity to advise you that we are not governed by the Office of Fair Trading. Therefore, their guidelines do not apply to us.

 

After reviewing your account the minimum payment we are able to accept is £30.00 every 30 days, please note the requested amount is not negotiable therefore, we look forward to receiving your first installment by xxx March 2010 and a final payment by xxxx April 2010.

 

Failure to comply with the above may result in further action being taken.

 

Jacobs.

 

 

So whats the next step ?

 

Thanks.

[patrickq1]

Complaining to the Office of Fair Trading.

The Office of Fair Trading issues Consumer Credit Licences to companies that are in business as Debt Collectors. This is certainly a “grey” area, with some bailiff companies denying that they require a licence because they are enforcing a warrant, not collecting a debt. For this reason, many claim that they do not have a Licence…..this is not true!!! Most bailiff companies do have a Consumer Credit Licence.

If you are considering issuing a complaint to the Office of Fair Trading, you can only do so, if the company that you wish to complain about currently hold a valid Consumer Credit Licence. By visiting the Bailiff’s Complaints section in our Downloads area, you will find full details of the many bailiff companies who do have a current Consumer Credit Licence, together with their licence number, expiry date and details of where you should address any complaint. This information was provided to us by the Public Register Department of the Office of Fair Trading.

In July 2003, the OFT published it's long overdue Debt Collection Guidance, (details of which are below). This guide caused concern within the Enforcement Profession, as it became clear that there could be serious consequences on those bailiff companies that hold a Consumer Credit Licence if there are a large number of complaints made by the public.

This is because the OFT can issue a warning letter, impose restrictions on their licence, or; in extreme cases: suspend their Licence altogether. As the majority of bailiff companies provide other debt related services that do require them to have a Licence, they would wish to avoid complaints, if at all possible.

[patrickq1]

found that here ....Certificated bailiff,uncertificated bailiff,bailiff fees,bailiff charges,illegal distress,Subject Access Request,Detailed Assessment,irregular distress,How to complain about a bailiff

[patrickq1]

Established in 1959 Jacobs Certificated Bailiffs are one of the most respected and firmly established firms in the Enforcement Profession

[patrickq1]

so they are regulated by the OFT contact trading standards with a complaint as well about the threatening letters etc

[seasidegirl]

Thank you, I will be ringing Trading standards in the morning, I am awaiting a phone call now from my local councillor

[angrydebtor]

Inform these clowns that they are subject to the same rules & regulations that everyone is.

Its not for these muppets to say what they will and wont accept and when.

Thats between you and a county court if it ever went that far.

Demand that they go forth and multiply otherwise you will have them reported to every authority in the land including if need be the police.not on 999

[patrickq1]

just go through TRADING STANDARDS AND ALSO OFT with your complaint,and see your local councillor before you make any further contact with the Balliffs.....they will come down to earth with a very nasty bump and a severe reprimand ,then you can set about your defence of the issues,it makes no sense to go charging in like a wild bull ,a judge will see the threats for what they are intimidation and harrassment so you will be afforded the full weight of the law on your side...

patrickq1..make the TS AND OFT urgent though

patrickq1

[angrydebtor]

Contact your local police force as well on their none emergency number.

Refuse to be fobbed off if they wont help you out.

They are tax payer funded public servants after all.

If they will help you then the police can warn them off for you.