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Hi All - Thanks for your help in advance,

 

I am recieving debt letters off some companies who are saying I owed them money - however my ex husband had been paying them £1 a month for the past 4 years without my knowledge! - although embarrasing this is true! (one of the many reasons for the divorce!)

 

Do I have any stance with this or is this now my problem?:confused:

 

I have been looking at the dispute letters and wondered what the best course of action would be as we are getting bombarded with calls and letters from various DCA's some of whom are threatening home visits!

 

Any help would be greatly appreciated!

 

Thanks

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Guest Mrs Hobbit

That's a blow, because they can come after you for payment. They cannot visit you at home. You start the normal actions, CCA request, DPASAR and head all your letters ACCOUNT IN DISPUTE. Also make it clear in writing that you will accept phone calls from them and give the letter regading Telephone Harassment. Fot good measure remind them of the Tort of Trespass, should they decide to make a home visit. Everything is in the Library. if you need any help, just post up and someone will be along to help you.

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Guest Mrs Hobbit

In the Library there are all the letters you need to send,. You first have to establish if these Agreements for the debts conforms with the Consumer Credit Act, then you have to work out what are unlawful charges and interest and from this what is lawfully owed. You might find some of these are Statute Barred and if Defaults have been put on them. You have a lot of work to do to get started, but once started you will be on roll.

 

Please makes ure you send every letter by recorded delivery, this way you have proof of sending and receipt of same.

 

http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/

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Send them a CCA request to see if they are entitled to collect this debt & if it's enforcable. If they fail to provide it within 12+2 days or the CCA is unenforcable you can legally withold any payment until they do. Send it recorded delivery enclosing a £1 postal order. When you get a reply, scan it & remove any identifying details and post it back here where we can have a look at it. We'll advise you from there;

 

Dear Sir/Madam

 

Re:- Account No: XXXXXXXX/Your Reference Number: XXXXXXX

 

This letter is a formal request pursuant to s.77/78 of the Consumer Credit Act 1974. I require you to provide me with a true copy of the credit agreement relating to the above account, together with any other documentation the Act requires you to provide.

 

I expect you to comply fully and properly with this request, within the statutory time limit. You are reminded that should you fail to comply with my request, the provisions of s.77 will apply.

 

If it is your view that you are not the creditor, s.175 of the CCA 1974 applies in the case of a simple assignment, and places a duty upon you to pass this request to the creditor. In the case of an absolute assignment, you are a creditor as defined by s.189. If you contend that you purchased the rights but not the duties of any agreement, you are reminded that s.189 of the Act is clear that an assignment is of both rights and duties.

 

Your attention is drawn to ss.5(2), 3(b),6 and 7 of the Consumer Protection From Unfair Tradinglink3.gif Regulations 2008 (CPUTR).

If you intend to send a reconstituted copy of the CCA you must declare the reason why it has been reconstituted and if the original exists and in what form (microfiche) etc

 

 

I enclose a postal order in the sum of £1.00, which is the statutory fee. Note that these funds are not to be used for any other purpose.

 

If you are unable to comply fully and properly with this request, you should confirm this in writing at the earliest opportunity, and certainly within the statutory time limit for compliance, and return the fee.

(Optional)

You should also note that I will only discuss this matter in writing and 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 an appointment with you or any of your associates.

 

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. (Optional)

 

I look forward to hearing from you.

 

Yours faithfully **Edit to suit**

Print name do not signlink3.gif

 

You can also send the following:

 

 

 

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.”

and also:

 

In the event that you intend arrange a Doorstep call by your Employees or your Agents, please be advised that under OFT Rules, you can only visit me at my home if you make an appointment and I have absolutely no wish to make an appointment with you. There is no need, as written communication is quite acceptable in Law.

 

Please note, there is only an implied license under Common Law for people to be able to visit me on my property without express permission; the postman and people asking for directions (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 your Employees, or your Agents 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 Civil Action will be taken. The Police will also be called.

  • Haha 1

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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I know you haven't had much too do with these accounts, but once you've gained control of these accounts, you need to establish if any of these accounts have Penalty Charges or PPI.

 

If the PPI has been mis-sold you can claim that back with interest.

 

If you have Penalty Charges they can be claimed back with interest.

 

You can claim back charges 6 years plus. Getting hold of statements

if fairly easy.

 

The guys here will help you do this. Sometimes things seem a lot worse then they actually are.

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What are the debts relating to?

How old are they, what year were they taken out?

 

Who is chasing what?

What is the outstanding balance on the alleged debts?

 

If they ring in the future just hang up, if they persist keep a diary of events with a view to reporting them to the Local Police for the crime of harassment.

 

Keep everything in writing and send everything by recorded delivery, keep a diary of events, and all their letters, staple the envelopes to the back of the letters also.

 

Don't give them any security answers, if they ring, just tell them 'Everything in writing' before hanging up.

 

Any doorstep callers, tell them they have 30 seconds to get off your property or you'll call the Police to have them removed, then shut the door.

If the caller won't leave as requested, ring the Police 999 and report that you have a stranger at your door who won't leave when asked, and you believe they will cause a breach of the peace.

This goes for it they sit outside your property watching your house.

Edited by Bazooka Boo
  • Haha 1

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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  • 2 weeks later...

Thank you all for your posts very helpful and much appreciated!

 

I have recieved some returned letters asking me to:

a) re-send the postal order in their client's name

b) Basically saying they have requested the information and it may take longer than 14 days

c) Basically saying they have requested the information and it may take longer than 14 days and "In the meantime, however, we believe that it may be of assistance to all parties if we also take this opportunity to ensure that any potential areas of dispite are addressed prior to any possible court action or further investigation. To this end can you provide an indication of the information you will be relying upon, when giving evidence to the court or information to the relevant statutory authorities in relation to the alleged subject matter of this account.

d) stating they didnt hold the account and to write to ..... (even though they were writing a week before asking for payment!?)

e) couldnt find the account resend with further details!

 

Any help on acting on the above would be greatly appreciated again!.

 

Thanks

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a) You could re-send, but what did you put on all the other PO's? If they're being that pedantic from the word go, then personally I would wait until they are out of time and send them the 'failed' letter.

 

b)Normal rubbish, again when they are out of time, send them the failed letter.

 

c)The cheek of it! Send them nothing of the sort, standard template letter anyhow.

 

d)Once they are out of time, they can have the 'Failed' letter also, it's not up to you to go chasing their client, thats what they are supposed to do.

 

e) Again once they are out of time send them the 'failed' letter.

 

Also make an individual complaint about each of them to the OFT/TS via Consumer Direct - Contact us

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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Thank you all for your posts very helpful and much appreciated!

 

I have recieved some returned letters asking me to:

a) re-send the postal order in their client's name

If it is your view that you are not the creditor, s.175 of the CCA 1974 applies in the case of a simple assignment, and places a duty upon you to pass this request to the creditor. In the case of an absolute assignment, you are a creditor as defined by s.189. If you contend that you purchased the rights but not the duties of any agreement, you are reminded that s.189 of the Act is clear that an assignment is of both rights and duties.

b) Basically saying they have requested the information and it may take longer than 14 days

c) Basically saying they have requested the information and it may take longer than 14 days and "In the meantime, however, we believe that it may be of assistance to all parties if we also take this opportunity to ensure that any potential areas of dispite are addressed prior to any possible court action or further investigation. To this end can you provide an indication of the information you will be relying upon, when giving evidence to the court or information to the relevant statutory authorities in relation to the alleged subject matter of this account.

As BB says, total rubbish - meant to intimidate, ignore.

d) stating they didnt hold the account and to write to ..... (even though they were writing a week before asking for payment!?)

As in a) above

 

e) couldnt find the account resend with further details!

Ignore

 

Any help on acting on the above would be greatly appreciated again!.

 

Thanks

 

The above is my opinion on what you should do, just wait out the 12+2 and send 'in dispute' letter to the others.

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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Thank you both for your promt responses!

 

Harrassed Senior - would I just write to "a)" as you have in your help or shall i add it to the original letter again?

 

Thanks

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Send what HS has written to them, and include the Postal Order, if it bounces back again then they can have the 'Failed' letter also.

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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ARRRGHH!!! - Ive just realised the one to robinson way where they sent the letters back stating they couldnt find the file - I put 3 letters in 2 of which had the correct account details on (phone harrasment and doorstep letter) but the agreement request had another account number on it!?!?

 

They wrote a letter with the reference with a ? on and they yicked

"We are unable to locate your account on our files, please supply our reference number. This can be found on the right hand side of our letters below the amount due."

 

There was plenty in my view for them to get my details from, it had my full address on all letters and it had the correct account number on ! - Will i have to resend the postal order and letters etc again or shall i ignore it as above and send the fail letter? because its past the 12+2 days today?

 

Any help would be fantastic

 

Thanks

Edited by Jedguard
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ARRRGHH!!! - Ive just realised the one to robinson way where they sent the letters back stating they couldnt find the file - I put 3 letters in 2 of which had the correct account details on (phone harrasment and doorstep letter) but the agreement request had another account number on it!?!?

 

No worries, for the avoidance of any doubt, on their part, I would resend them the CCA with their ref number on it, it is extremely pedantic of them to refuse to supply over such a minor detail, but this only adds in your favour if it were ever to reach the courts, and as it is robbersway, this is very very unlikely, either way unless they have bought the debt and all rights under it they will not be able to take legal action against you, only the OC can.

 

Who did you send the SB letter too?

 

There is no follow up required as long as you have proof that they have received it, then there is nothing else required for you to do.

If they persist after being told the debt is SB, then the only people you need make contact with is the OFT and TS reporting them for breaching the OFT debt collection guidelines, and CPUTR regs.

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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Thanks BB - I'll resend it today then and see what they say.

 

The SB letter was sent to Lowell Group by recorded delivery - Signed & recorded by "Rhodes"

 

How can I get this off my credit file then?

Can I get them all off if they dont come back with anything?

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Hi All - Thanks for your help in advance,

 

I am recieving debt letters off some companies who are saying I owed them money - however my ex husband had been paying them £1 a month for the past 4 years without my knowledge! - although embarrasing this is true! (one of the many reasons for the divorce!)

 

Do I have any stance with this or is this now my problem?:confused:

 

I have been looking at the dispute letters and wondered what the best course of action would be as we are getting bombarded with calls and letters from various DCA's some of whom are threatening home visits!

 

Any help would be greatly appreciated!

 

Thanks

 

Jedguard I empathise as my (soon to be ex) has done the same with me. Racked up debts in my name so had the choice of going for fraud (bit difficult when children live with her) or sorting it out.

 

She has been paying them similar amounts which for the DCAs is almost an admission that the debt is owed....so having to sort all of this crap out and don't think i could have done so without CAG!

 

Good luck with it

 

Tierisch

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Thanks tierisch - I definately agree I really couldnt have managed without CAG and the helpful people on here - I dread to think where I would be now or what I would be doing - I only wish I knew about CAG before now!

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The SB letter was sent to Lowell Group by recorded delivery - Signed & recorded by "Rhodes"

How can I get this off my credit file then?

 

If it is definitely Sb then it shouldn't even appear on your CRF?

Info on your CRF has the same life expectancy as the limitation act, so I fail to see how it could still be on your file?

Unless of course it isn't SB?

 

Or they have been manipulating the dates to suit them? If it is the latter then you need to make an immediate complaint to the OFT/TS and the ICO about this, and I would be seriously considering suing Lowlifes for damages.

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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Thanks BB - I have sent off my £2 for my credit file to see exactly what's on it! So I will let you know whats on it if anything at all! - the thing that REALLy annoys me:mad: is that my ex has now got perfect credit and has bought a new car on finance!!!! while I am picking up the pieces!?!?!?....

 

Anyway thnk you all again and I'll be back in touch as soon as I hear anything more - watch this space.

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Guest Mrs Hobbit

Don't worry about the purchase of the car, as it is security if there is default, and you can bet the interest rate isn't that good.....

 

Oh the thing I did to help rebuild my credit rating, was a pre paid credit card. For twelve months the service fee is classified as a loan and each month that little £4.99 shows up on my CRA's files as paid on time and no late payment. I now have three of these wonderful pieces of plastics used regularly and another form of ready cash to pay my bills.

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Thanks Mrs Hobbit I will definately look into these - do you need to put a minimum on them or can you just pay the monthly charge? In otherwords if I got 4 of them would I have to use them or could I just pay the charges for a year on them?

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Guest Mrs Hobbit

You load them up up front and each month the company just takes the monthly charge off. I use one of mine to pay for my ISP.

 

I have Tuxedo cards. maybe not the cheapest, but suits my purposes just fine, from memory they cost £9.99 each originally. I just put £100.00 on them every three months and spend when I have to. Great when overseas for the hotel also, I come home debt free. if I have any spare cash at the end of the month just go down to the paypoint and pay that cash onto the cards also. You can only load up to £1500.00 on each card, when you think of it, it is one way of saving and repairing your credit rating at the same time. You don't get a monthly bill like a normal credit card. You are in control all the time.

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