Philips & 1st Credit - Please Help :(

[samsam80]

Hey Guys

 

Firstly, apologies if this goes on a bit...

 

I have for years known that my foolish youth would catch up with me, Im not pretending that i didnt spend the money in the first place or that I should have avoided running up my bank charges but i just dont know what to do now as these companies are completly unaproachable and defiantly rude!

 

Philips are chasing me for a debt orignally that i ran up with Barclays (My graduate overdraft) in arround 1999 - 2000. It was bounced between so many diferent DCA's over years and I think ended up with hillesden securites or Direct Legal?

 

I simply dont know who owns the debt now, I cant remember the last time i acknoweldged it, So i have asked philips three times now to give me some infomation as to who they are and what right they have to persue me.

 

They have ignored each and every request and today i have received a PRE VISIT Notice from them.

 

Im at my wits end, Im not running from them but i want to know that im paying someone thats gonig to put it towards my debt and not pocket it.

 

My last letter to them was thus:

 

Philips

PO Box 231

Darlington

DL1 9GG

Dear Sirs,

Notice of Fault

DO NOT IGNORE THIS NOTICE

Notice to Principal is Notice to Agent; Notice to Agent is Notice to Principal.

Further letters which are received where you have deliberately ignored my correspondence will be passed to the office of fair trading.

If intent is felt that you might visit my home or intimidate me further without responding to my written requests, there will be a consultation with my local police station on the grounds of harassment and deformation of character.

Regarding Reference:xxxxxxxx, your correspondence xxxxxx

Please read the following Notice thoroughly and carefully before responding. It is a notice. It informs you. It means what it says.

Re: Notice and Demand of xxxxxxxx

On xxxxxxxx you received my above-referenced Notice and Demand. Said correspondence contained Notice that you are in a condition of estoppel with regard to any claims against me, pending the presentation of specifically demanded evidence. Said evidence was reasonably demanded in order to verify any claims you may have against me. You were given thirty (30) days to present such evidence, or to abandon your claims.

More than thirty (30) days have passed since your receipt of my letter, in which time you have made no responsive answer to my good faith Demand. Therefore, notice is hereby given that you are in a condition of fault and, in accordance with the terms of said Notice and Demand you have abandoned any claim.

1. that you are or were a third party interloper;

2. that you have or had no legal standing;

3. that you have or had no first-hand knowledge of this matter;

4. that your claim is or was fraudulent;

5. that you will pursue this matter no further.

Further, you agree:

6. that you accept liability for any damages I suffer or suffered as a result of your actions;

7. that any negative remarks made to a credit reference agency will be removed and confirmation of said removal sent to me within thirty days of this communication;

　

As a gesture of good faith, I hereby grant you an additional ten (10) days from your receipt of this communication to present the evidence demanded in my above-referenced Notice and Demand. Notice is hereby given that if no responsive answer is received after such time elapses, then a Notice of Default shall issue. Such default will have the effect of discharging forever any claims you have in this regard, but will not remove your obligation to remove negative information you may have given to any credit reference agency. If you do not respond within ten (10) days with either the demanded evidence of your claim, or reasonable objections as to why you should not be obligated to comply, in the form specified, I may presume you prefer to abandon your claim and that any alleged contract between us is invalid and voidable.

You are hereby also notified that for my time spent reading, preparing, making or answering communications of any sort related with this matter, with yourself or any other agent, officer, associate or employee of Protagonist Name or any other party, I will apply fees according to the following schedule, for which you agree to be liable:

FEE SCHEDULE

Telephonic conversations:

£400/hour or part thereof.

Emails:

£200 for each and every instance.

Letters:

£200 for each and every instance.

Research:

£100/hour or part thereof.

 

　

If it should be necessary for this matter to come to court, which I sincerely hope it does not, you agree to be liable to pay for my time away from home at 100/hour, plus travel, food and accommodation expenses.

Further to this I will not accept any further intimidating letters from you.

I will presume silence to mean acquiescence in all these matters.

Yours sincerely without ill-will, vexation or frivolity,

 

 

If this is ignored, what do i do next??

Please and thank you in advance

[postggj]

At any time during this saga, was there a period where you had no contact or made no payment ref this debt FOR A PERIOD OF SIX YEARS

[samsam80]

I simply dont know Maybe, maybe not i dont kinow

[postggj]

Hillesden as known as dlc

 

give me 5 min and send them the following letter and see what they come back with

[cerberusalert]

Moved to debt Collection forum

[postggj]

CAN THE SITE TEAM POST UP THE STATUTE BARRED TEMPLATE

 

SINCE THE MODS CHANGED CAG

 

I CAN NOW NEVER FIND ANY THING :evil::-x

[samsam80]

I have a statute bared template, I dont want them to think im fobbing them off and the worst thing i cant bare the thought of them turning up at the door threatening me. Im a bag of nerves as it is!

 

I remember conversing with a company called direct legal and collections, I may or may not have entered into an agreement, I think i probably did.

 

I want to pay someone but who should I pay?

 

Why wont they acknowledge my letters??

[postggj]

Send the statute barred template by recorded delivery and see what there reply is

 

its very rare for a doorstep visit

 

its a ruse for you to phone them

[cerberusalert]

The Templates are here; http://www.consumerforums.com/resources/templates-library/86-debt-collectors.html

[samsam80]

it keeps telling me to register to read more.....

[cerberusalert]

Dear Sir/Madam

 

Acc/Ref No

 

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

 

We would point out that under the Limitation Act 1980 Section 5 “an action founded on simple contract shall not be brought after the expiration of six years from the date on which the cause of action accrued.”

 

We would also point out that the OFT say under their Debt Collection Guidance on statute barred debt that “it is unfair to pursue the debt if the debtor has heard nothing from the creditor during the relevant limitation period”.

 

The last payment of this alleged debt was made over six years ago and no further acknowledgement or payment has been made since that time. Unless you can provide evidence of payment or written contact from us in the relevant period under Section 5 of the Limitation Act, we suggest that you are no longer able to take any court action against us to recover the alleged amount claimed.

 

The OFT Debt Collection Guidance states further that “continuing to press for payment after a debtor has stated that they will not be paying a debt because it is statute barred could amount to harassment contrary to CPUTR2008

 

We await your written confirmation that this matter is now closed and that no further contact will be made concerning the above account after that last letter.

 

We look forward to your reply.

 

Yours faithfully DO NOT SIGN

[harrassed senior]

A few weeks ago a bunch of us caggers all received A Notice of Instruction then a Demand For Payment on the same days all from Philips. None of us knew what the debts were for, and a few of us had Goldfish Bank Limited on the letters. None of us had ever had Goldfish Accounts so we ignored.

 

Today I too have received a Pre-Visit Notice from Philips again in respect of my Goldfish Account. I hope they do come because all I have from Goldfish is a rejection letter when I applied for a Card!!! and I certainly do not owe them in excess of 5 grand!! So I will have my righteous indignation face on when they come

[sir_gilmour]

Hi

Welcome to The Consumer Action Group.

 

 

I am just letting you know that as you haven't had any replies to your post yet, it might be better if you post your message again in an appropriate sub-forum. You will get lots of help there.

 

Also take some time to read around the forum and get used to the layout. It is a big forum and takes a lot of getting used to.

 

 

Once you start to find your way, you will soon realise that it is fairly easy to get round and to get the help you need.

 

It can be bit confusing at first.