Oh No its started again ..DCA grrrr

[Lester Square]

I am so fed up to be back here ....I used to post here about this so called debt goodness knows how many years ago. .....Classic story capital one credit card that was only worth £200 in the first place ...becoming a £674 debt somehow.

This was passed on to various DCAs and eventually ended up with Lowells, at this point I paid ( I think it was) £10 for a SAR and all the paperwork from Capital One ...this showed various payments that totted up to £200.Anyhow its that long ago I cant remember if I told lowells this or just "left it".....but I havent heard anything for years and just considered it to be in the past.

But No ....the other day I got a letter from Philips Specialist Bailiff and debt recovery agents .....blah blah "on behalf of lowells" ...blah blah" £674" ...blah blah "seven days to pay full amount" etc etc ....I did NOT respond to this . I received another one today that finished with

" phillips reserve the right to instruct our solicitors to recover the amount outstanding on behalf of our client or alternatively issue this case to one of our debt recovery agents to attend your premises to execute further recovery procedures ".......giving me 7 days to respond..........im not bothered about solicitors and I actually think that a court would tell them to " f*ck right off " so to speak ....but im worried ....can they just send bailiffs round my home and take my stuff ( what bit there is but it matters to me )....I didnt enjoy their wording one bit what exactly are these " further recovery procedures " ?

Also I dont know where they had my number from but these clowns phoned my home and left a recorded message urging me to get in touch.Then this evening I got a call that went " can I speak to Mr. ( insert my name) please ?

me ..." who are you "?

voice.. "keith"

me ..." keith who " ?

voice ..." can I speak to Mr. etc etc "

me " who the bloody hell are you " ?

voice ..." who the f*ck are you " ?

At which point I put my phone down there was a return 1471 number but I didnt phone him back . And now im back to not being able to answer the phone cos its going to be "them" .....I feel like thats the future .....great

I really dont quite know what to do about any of it ...unlike some of the fine "warriors" on here im a really gentle soul who just wishes it wasnt happening .....er.....any words of comfort about the bailiff bit .....anyone ....thanks .....a very fed up...... lester

[harrassed senior]

Pretty standard stuff right now, have received the above recently myself, and can confirm my alleged debt is Statute Barred.

 

You can send the harrassment letter, and then forget about them, there are loads of threads on here about them

 

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.”

[harrassed senior]

You could also put in the doorstep letter too:

 

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.

[Hardupnotfedup]

They cannot send bailiffs round, you need to default on a CCJ and then a judge will decide if bailiff action is needed.

When did you make last payment or admit the debt in writing

[Lester Square]

Pretty standard stuff right now, have received the above recently myself, and can confirm my alleged debt is Statute Barred.

 

You can send the harrassment letter, and then forget about them, there are loads of threads on here about them

 

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.”

thanks for the advice and the time harrassed senior

[angry cat]

Revenue Recovery and Enforcement Services: Philips Collection Services

[angry cat]

Looks like, you are not the only one:

Philips Bailiffs/Lowell Financial?? - MoneySavingExpert.com Forums

[Lester Square]

They cannot send bailiffs round, you need to default on a CCJ and then a judge will decide if bailiff action is needed.

When did you make last payment or admit the debt in writing

I honestly wouldnt mind them trying to get it through the courts as the courts would be a damn sight fairer than the dca ( wouldnt they ? ) as far as I know this has NEVER been to court surely theyd have to tell me wouldnt they ?....I dont know when I last made any payment and all my paperwork is in a file at a friends whos moved ....luckily hes pretty organised and can probably find it if I ask him ....... I dont ever remember admitting the debt in writing ..... thanks for your time and thanks for telling me bailiffs cant come round my home....you can tell me again if you like .

[angry cat]

A Bailiff, cannot just turn up at your door!

 

The case has to go to court prior and before they can obtain a walking possession order.

 

The word, Bailiff terrifies most people...

 

Debt Basics - Bailiff Guide - know your rights

[tindwcel]

As you will have seen on the link that was posted, their name is "Philips Collection Services" and NOT "Philips Specialist Bailiff And Debt Recovery Agents"

 

They deliberately put those words at the top of their headed paper to intentionaly mislead and instil fear. There is no excuse for it. It is not their name.

 

What they are doing is against OFT guidelines, and you can supposedly complain to the OFT about it.

 

What astonishes me is that some other government departments and agencies seem willing to be associated with such a seedy organisation, using it to collect alleged debts.

[angry cat]

Doorstep Debt Collection Services: Philips Homecoll

[Lester Square]

Looks like, you are not the only one:

Philips Bailiffs/Lowell Financial?? - MoneySavingExpert.com Forums

 

just had a read through that link and it looks like I can look forward to a visit from them ....really fed up now.

Its just thieving with menaces and if it was happening to me in the street id be howling for a policeman ....fed up and worried..

[angry cat]

just had a read through that link and it looks like I can look forward to a visit from them ....really fed up now.

Its just thieving with menaces and if it was happening to me in the street id be howling for a policeman ....fed up and worried..

 

Not a time to be, 'fed up'.

 

You are now empowered...

 

Stand up for your rights!

[zazen.warrior]

Post removed.

Edited July 29, 2010 by zazen.warrior

[Lester Square]

Not a time to be, 'fed up'.

 

You are now empowered...

 

Stand up for your rights!

struggling to share your enthusiasm there angry cat ...all I know is im being hounded for 6oo and odd pounds worth of debt made up of "charges" and im going to get hounded at my door and I cant answer my phone ....it feels like the bloody Krays

[zazen.warrior]

Post removed.

Edited July 29, 2010 by zazen.warrior

[Lester Square]

I would guess the very fact that you have heard from Philips about this confirms that your alleged debt is Statute Barred or very nearly Statute Barred.

 

When did you last make a payment?

 

 

And take a look at my Philips thread!

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/266360-philips-specialist-bailiff-debt.html

thanks ....will take a look in a minute ...though im almost to scared to look.

[angry cat]

At the end of the day, one just has to be brave!

 

Remember, these people are bullies

[zazen.warrior]

Post removed.

Edited July 29, 2010 by zazen.warrior

[angry cat]

Okay, lets take this case back to basics.

 

You state, that you made a SAR to Capital One Bank ( If, you do not still have the information, make another FULL SAR to Crap One)

 

Add up all penalty charges and then add on, the interest that has accrued since; use the interest calculator.

 

Next step, make a CCA request to Crap One, enclose the stat. fee payable;

Crap One have 12 days within which to comply.

 

Contest their claim, please.

 

All letters must be marked: ACCOUNT IN DISPUTE.

[angry cat]

There's absolutely nothing to be scared of.

 

I know ZW, but people do get freaked out!

 

That is the bullies intention...

[Lester Square]

Okay, lets take this case back to basics.

 

You state, that you made a SAR to Capital One Bank ( If, you do not still have the information, make another FULL SAR to Crap One)

 

Add up all penalty charges and then add on, the interest that has accrued since; use the interest calculator.

 

Next step, make a CCA request to Crap One, enclose the stat. fee payable;

Crap One have 12 days within which to comply.

 

Contest their claim, please.

 

All letters must be marked: ACCOUNT IN DISPUTE.

thanks angry cat ...that is "back to basics" .....right so if I do the SAR thing with cap one should I write ( im not phoning them ) to philips and tell them that thats what ive done? ...as in .." back off" .....and at the risk of sounding stupid ( not difficult for me )....should I mark a letter to philips with ACCOUNT IN DISPUTE ?.....I am inclined to take this route ....if anything somebody " owes me" ....me I just want it all to stop.....im appreciating yours and every one else thats posteds time ....I posted and thought someone might have replied by morning ...kind of thing.....thanks a lot.

[angry cat]

Always best to write letters and send by recorded delivery;

keep copies of everything;

keep postal receipts;

start a lever arch file of papers!

 

Re; Phillips, mark your letters: ACCOUNT IN DISPUTE.

 

Further, when you make your SAR and CCA Requests, mark the postal orders:

SAR £10: S A R Statutory Fee Only.

CCA £1: CCA Statutory Fee Only.

[Lester Square]

Always best to write letters and send by recorded delivery;

keep copies of everything;

keep postal receipts;

start a lever arch file of papers!

 

Re; Phillips, mark your letters: ACCOUNT IN DISPUTE.

 

Further, when you make your SAR and CCA Requests, mark the postal orders:

SAR £10: S A R Statutory Fee Only.

CCA £1: CCA Statutory Fee Only.

angry cat is a star ..thankyou very much.

[Lester Square]

im dreading today ...I just know these b*stards are going to start in with the phone calls again... for 600 poxy quid that was only ever £200 in the first place .....I feel like theyve got into my house....bottom feeding **** . Why cant we just thrash them with a big stick ? .....genuinely fed up .....lester...