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purplecatlover

uk search limited and incasso

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are hassling me. for a debt i have no knowledge of, which capquest and their soliocitor for rent lackeys tried to harras me for a couple of years ago (im sure was 2008). I thought i had a thread here but cant find it. i knwo i sent them a letter saying cough up some evidence i owe this debt or clear off 9most likely downloaded form here) and they wrote back kinda saying sorry, not you after all or maybe someone used my name and addy frauduently, and have left me alone ever since.

 

earlier this year i had letter from uk search limited saying i owedmoney to jdwilliams magazines (i had never heard fo them til i investigated the capquest lark). i sent the letter id sent to capquest, but adapted to correct details for this lot etc. they sent back a letter saying they did not have to provide an actual credit agreement or some such crap. well i cba and decided to ignore it. i want actual proof i have a debt to these people or they can clear off. have also had a letter form picasso.

 

this afternoon they rang my mobile...seems they where the 01246 number that has called a few times. i told him he hadnt sent me proof of the debt, so he put me on hold and my battery died cutting me off.

 

i intend to tell them to quit harrasing me, that if i recieve any more letters or phone calls form them or their ;lackeys without proof of what debt he is talking about i will take legal actiopn against them for the harrassment......i assume i can do such?

 

i really cba to deal with this for a debt that capquest couldnt proof 2 years ago, that i have no recollection of or any such thing. if i remembered it or was sure it was mine id just pay it...

 

umm that was rambly...any advice?

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Patience, the sun is shining:)

 

You need to send the 'stop the phone call' letter:

 

and re-send the Prove it letter both by Recorded Delivery.

 

Re: Harassment by telephone

 

ACCOUNT NUMBER: XXXX

Dear Sirs

I am writing in relation to the quantity and frequency of telephone calls that I have received from your company, which I deem to be personally harassing.

I have verbally requested that these stop, but I am still receiving calls. (Delete if necessary)

I now require all further correspondence from your company to be made in writing only.

I am of the view that your continued harassment of me by telephone puts you in breach of Section 40 of the Administration of Justice Act 1970, and the Protection from Harassment Act 1997.

If you continue to harass me by telephone, you will also be in breach of the Communications Act (2003) s.127 and I will report you to OFCOM, Trading Standards and The Office of Fair Trading, meaning that you will be liable to a substantial fine.

Be advised that any further telephone calls from your company will be recorded. (**Even if you don‘t yet have recording equipment!!**)

Yours faithfully,

[NAME HERE]

 

Section 40 of the Administration of Justice Act

“S40 Punishment for unlawful harassment of debtors.

A person commits an offence if, with the object of coercing another person to pay money claimed from the other as a debt due under a contract he- harasses the other with demands for payment which, in respect of their frequency, or the manner or occasion of making any such demand, or of any threat or publicity by which any demand is accompanied, are calculated to subject him or members of his family or household to alarm, distress or humiliation; falsely represents, in relation to the money claimed, that criminal proceedings lie for failure to pay it; falsely represents himself to be authorised in some official capacity to claim or enforce payment; or utters a document falsely represented by him to have some official character, or purporting to have some official character which he know it has not.

A person may be guilty of an offence by virtue of sub-section (1) (a) above if he concerts with others in the taking of such actions as is described in that paragraph, notwithstanding that his own course of conduct does not by itself amount to harassment.”

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Every journey begins with a single step :):)

 

Please note: I have no qualifications in this area - my advice is learned from the wonderful members of this Forum. Thanks to you all for your help.

 

If you have found my post helpful please leave a short message by clicking the star to the left of my profile - Thank You

 

The only person entitled to your Personal Finance details is a Judge not a DCA

 

Move all banking activity to another banking group if you have a dispute - your funds can be used to offset debts within the same group.

Be careful with Banking details (card/account numbers) as these can be used to take unauthorised payments.

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thnak you harrassed senior :)

 

ok in response to my first letter they sent me a statement, with no name or details other than an account number and various transactions..3 of which are item purchases, one shows a return and the rest of which are charges for letters sent etc.

 

i still have no memory of this catalogue (nor even know which catalogue they are claiming it to be, just know that when capquest were harrassing me for it i googled jdwilliams to find they were catalogues) cannot understand why i wouldnt have paid it if i had bought stuff (it was only 15quid) and i moved a month or two after the items were purchased, but had my mail forwarded for a year so i am very confident that i never recieved any of the letters they are claiming to have sent (and adding charges for) which i would have done had they been sent. i also have no knowledge of the items, and tbh theyre not something i would have bought (i didnt have a table at the time so why would i want table mats eg?).

 

i dont think their statement is acceptable as proof of this being my debt, all its done is make me more certain this is not my debt lol

 

i now have the template letter requesting proof ready to send (its slightly differnt than the one i sent initially) and the letter re telephone calls ready to send. should i be adding anything in about the statement not being the proof i require? their letter also muttered something about a generic credit agreement being acceptable (which they havent sent) though i would have thought i would want a signed agreement?

 

thanks for any help :)

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Hi Purplecatlover :)

The law stupidly allows them to provide reconstructed agreements in response to CCA requests. However if they went to court they'd need a signed agreement.

State that a generic agreement would not prove anything and you suggest they supply a copy of an agreement signed by yourself if they wish to pursue this debt. As you are confident that this is not your debt and therefore no such agreement exists further correspondence is futile except for them to inform you that they have closed the file.

 

Elsa x

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PLEASE NOTE... I AM MOST SORRY BUT I HAVE VERY LIMITED AVAILABILITY AT THE MOMENT DUE TO EXTREME PRESSURE OF WORK - IF YOU REQUIRE URGENT HELP ON YOUR THREAD AND ARE GETTING NO RESPONSE PLEASE HIT THE TRIANGLE FOR SITE TEAM ASSISTANCE. ELSA XXX

 

Please check out my BLOG for the quick guide to debt threats - it has all the info & letter template links you need to get started on your journey of TAKING CONTROL. :roll:

 

All opinions are my own based on research. I am not legally qualified, if in doubt please consult a legal expert.

Hope this has helped or made you smile. Keep your chin up, you're among friends now! Elsa xxx

Please click the *star* of any CAG member who has helped you .

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