Advice Please

[DebtDog]

Thanks......right...have plenty to think about....Better get some rest for my tired eyes and let you rest yours too...

Will let you know asap what happens next.

 

OH says thanks for best wishes sent

 

Best Regards

[Delta-Charlie-76]

Ok so they know that you live at your current address....so what, it doesn't prove that you owe this DCA any money.

[Hardupnotfedup]

Just use old address then but remember it will take a day longer with Royal Mail Re-direction service for the CCA to reach so allow 15 days.

[Delta-Charlie-76]

Me personally, I would use my current address, thats just me.

 

Hardupnot fedup, I wouldn't want any important documents going to my old address later down the line if you catch my drift.

[Hardupnotfedup]

Depends how long the redirection is in place for.

[Delta-Charlie-76]

Thats partly what I'm thinking, we both know one of the many little DCA tricks is to send documents to an old address even if they are aware that you live somewhere new if that makes sense.

[DebtDog]

Redirection is in place until November 2010....by that time it will have been 2 years since we moved

[Delta-Charlie-76]

Ok so your redirection is in place until November this year, thats fine, I CCA'd several DCA's ranging from 4 months ago (most recent) to December 2008 & they still haven't sent me anything like a CCA.

 

Having redirection in place for now...ok, but what happens after that?

[DebtDog]

OK...

I sent CCA letters to Apex, Fairfax Solicitors and one each from me and my better half to Robinson Way.

The CCA letters used 78 and 79 as appropriate and were dated 28th April 2010.

 

Here is what we have received back.

 

Apex sent this:

 

Fairfax Solicitors sent this:

 

Robinson Way sent us one each of this:

 

I hope these post ok....Not really used to linking to photobucket.

Edited May 10, 2010 by DebtDog

[DebtDog]

If I read the above letters correctly and understand things as they try and mislead me with gobbledygook....Apex are thinking "ooops, better wait and see what Lloyds have", Fairfax are thinking "We'll threaten him a bit more and see what happens" and Robinson Way are thinking "erm...send them another letter to see if they fall soft"...

 

Further help appreciated.

Edited May 10, 2010 by DebtDog
typo

[Guest HeftyHippo]

if you have redirection from Royal Mail, the RM pass the details on to the credit ref agencies. When/if the DCA checks your record at the ref agency, they find your new address. Thats why the DCA have your address.

 

as for phone numbers, surveys, competitions, loyalty cards and anything where you volunteer your data is a source for someone to consolidate a person's details and then pass it on

There are also dubious methods such as DCAs phoning your neighbours posing as a delivery company that has a parcel and do they have your phone number.

 

Also, some times, the Royal Mail goof and redirect your mail incorrectly (eg putting it through the wrong door or in the wrong street - similar name such as Gagger Lane rather than Gagger Ave). The householder helpfully puts it back in the postbox, and from there, instead of being sent to the redirected address, they look at the handwritten message from the householder which says "wrong address, not known here" or similar, and then return it to the sender. The DCA then gets their letter back with the RM label with your new address on it!

 

as an example of people who collate info, have a look at 192.com to see if you're on there as an example

[DebtDog]

Hi,

Thanks for the reply HeftyHippo...

Have checked 192 and nope...they have me but at wrong address...they actually have me at 2 previous addresses but NOT this one.

 

Anyhoo....unless one of the above gets in touch in the next 2 days...I guess it will be time to send the Dispute letters out to them both.

 

Just seemed strange that a Solicitor (Fairfax) bothered to "find us" but he DCA's/Bank had not bothered...

 

Had an idea that once redirect runs out in Novermber, I will send letter to those that do not yet know correcting address...

 

Something like..."Please amend your records, I/we now reside at XXXXXXXX" with no mention of any monies still outstanding when i send letter....As the letters were merely informing COA I would not think that they constituted admission/contact over debt....Or am I incorrect? If I then received further threats, would just remind of account in dispute.

 

So far our RM redirect appears to have been 100% in redirecting everything....has been in place for 2 years come November.

[DebtDog]

Hi All,

Update....my original CCA letters were sent on 29th April and I now believe that the 12+2 deadline has expired.

Am I correct that I now send the next letter(s) advising DCA that time limit has expired? Is there a template for this please?

 

Robinson Way have not stopped calling my other half at all, sometimes double figures of calls per day even though she never answers as they are in her reject list and Fairfax have tried to call me in the last hour (again unanswered as I did not recongnise the number).

 

Thanks In Anticiaption

Edited May 17, 2010 by DebtDog
typo's

[Hardupnotfedup]

http://www.consumeractiongroup.co.uk/resources/templates-library/86-debt-collectors/571-failiure-to-provide-a-copy-of-the-agreement-within-the-prescribed-timescale

 

Try this do not sign it send recorded delivery

[DebtDog]

Thanks for that Hardup,

 

Am getting letters ready now.

 

I am correct that I can only count "working" days not weekends and bank holidays when working out the "date" at which the time limit expired?

 

Oh I shall also be adding something about them ceasing to ring us too...It is getting a little annoying.

Edited May 17, 2010 by DebtDog

[DebtDog]

If 12+2 cannot count weekends/bank holidays, my maths says they default this Weds....If 12 + 2 only discounts bank holidays then they default as of today......

 

Anyone good at working this out? Original letters were posted recorded on 29th, dated 28th and all were received signed for on 30th.....there are two weekends and one Bank Holiday Monday in between then and today???

[brigjacj]

Fairfax is nothing more than Eversh.ts formed I think when E was getting flack from regulators practically all management and staff are old Eversheds employees. I would like to know how many staff are legally qualified whilst they keep posing as a firm of solicitors.

[DebtDog]

Update 20/05/2010.

 

I have today posted the "Account In Dispute" letters, first class, recorded delivery.

 

Fairfax managed to catch me off guard today and I answered it only to refuse to confirm who I was or first line of address. Woman responded by saying "That's fine Mr xxxxxx we will just keep calling you"...

Also received a letter from them today stating that they MAY issue Court Proceeding or send someone to address.....wonder what they will do after they receive Dispute Letters......

apex have acknowledged our letters and said account on hold and they have referred to LTSB for "statement"...not what I asked for so that will be fun for a while.

Robinson Way have said the same as Apex.

Other half gets 10-20 calls from Robinson Way per day but number is in reject list so no problems there.

 

Small point I read today somewhere was that a Creditor can only use one DCA at once.....as LTSB are using RW AND Apex albeit for seperate things...does this mean they are being naughty?

[brigjacj]

No can't stop them on that one as it's separate matters.

Warn Fairfax that you will deal only by letters.

Did you send letter by recorded as Fairfax are notorious for claiming non receipt.

[DebtDog]

Hi. Yes all letters were sent by recorded delivery. Will check for pod's when I get home tonight.

[brigjacj]

Fairfax seem to believe they are immune to criticism as the last corrupt government employed them to pursue benefit over payments as they are nothing more than the awful EVERSHEDS by a new name all you can expect is crap and waffle.

Their usual tactic is to deny receipt of documents so always RD all letters.

the CEO will never answer letters even if marked private & confidential. I believe he the only legally qualified person in the whole staff.

[DebtDog]

Update:

Apex have written back to my other half....(Letter Below)

Do any more experienced people that me have an opinion as to whether this means that they have given up as they don't have a copy...given up as Lloyds will not give them a copy or....given up as Lloyds don't HAVE a copy?

 

Fairfax have been very quiet since I sent RD timescale letter. Have so far heard nothing at all from them. No calls, no letters.

 

Robinson Way were dealing with both Personal Loan as well as Overdraft. They appear to have gone quiet on the PL front.

 

I telephoned LTSB and spoke with them regarding the Overdraft. They first of all advised that the matter was with RW. I said I knew that but would not deal with Cowboys. I would deal direct with LTSB or nobody. "Do you want something, or nothing?"

Firstly they did not argue when I called RW Cowboys, then they pulled the OD back off them and we made a very amicable arrangement.

All our debt is now under CCA so we shall see who has executed agreements and who does not. Are Lloyds normally in poss of executed agreements or not?

Other information gained from LTSB was that in the opinion of the chap I spoke with, LTSB have changed their policy on refusing all IVA applications and may well now accept them again.

 

Any comments gratefully received.

Thanks in anticipation

DD

[Brigadier 1JCS]

Seems like they have nothing to prove the alleged debt.Is it stat barred over 6 yrs with no payment or acknowledgement?

[DebtDog]

Apex one relates to other half's credit card with LTSB. Is less than 6 years since we made a payment. IVA was tried for 2 years ago but refused by TSB so the whole deal fell through.

RW relates to PL from LTSB

Fairfax relates to CC from Paypal (GE Money)then Max Rec then Eversh*ts then Fairfax

Similar applies to all others as IVA involved token payments while application was prepared.

[Hardupnotfedup]

Their choice of words seems a bit strange 'we have been made aware that we are not able to have a copy' Obviously you have put the account into dispute already, all you can really do is sit back and wait to see what they come up with next.

They will probably pass it on to another DCA but there are template letters to deal with that if it happens