Debt Managment Ltd sending txt to my phone

[Nishikigoi]

I've been going through the DCA's as they have popped up and with CCA requests etc

they have pretty much all given up.

 

 

A while ago I dumped our land line number when we swapped from BT to Virgin

and did the same with the mobile so it's been peaceful!

 

Just keeping an eye on my credit file (via deal from bank with travel/mobile insurance for a good price BTW)

and it's just a case of watching them drop into the SB abyss over the next few months,

lord know I tried to get this sorted with the original creditors

but that was like pushing water uphill so I have no issues with the situation.

 

However on a pretty new mobile number (couple of years old)

I just got a txt from Debt Managment Ltd,

 

 

I'm not going to call just wondered if they are chasing

and got my number or are they just one of the PPI ambulance chasers?

[i hate bailiffs]

Debt collectors!!

[pocketstapler]

Ambulance. Chasers....NEVER. respond as you will get bombarded with marketing texts

E=Nishikigoi;3869681]I've been going through the DCA's as they have popped up and with CRA requests etc they have pretty much all given up. A while ago I dumped our land line number when we swapped from BT to Virgin and did the same with the mobile so it's been peaceful!

 

Just keeping an eye on my credit file (via deal from bank with travel/mobile insurance for a good price BTW) and it's just a case of watching them drop into the SB abyss over the next few months, lord know I tried to get this sorted with the original creditors but that was like pushing water uphill so I have no issues with the situation.

 

However on a pretty new mobile number (couple of years old) I just got a txt from Debt Managment Ltd, I'm not going to call just wondered if they are chasing and got my number or are they just one of the PPI ambulance chasers?

[rdm2006]

it appears to be part of Barclays Bank (Debt collecting arm)

 

Is that who you bank with.

 

If so they have passed your details on

 

Debt Management Ltd (link to another thread)

[dx100uk]

barclays bank yep

 

dx

[Nishikigoi]

Nope no debt to Barclays or as far as I'm aware any subsidiaries, thought it was PPI as I've had loads of calls recently. Being self employed I never had PPI apart from it getting added to one loan without my permission and that got shot down in flames instantly!

 

These PPI people are almost as bad as DCA's as they say "You are owed £900 in claimable charges" when I know I've never had PPI, sometimes I wonder if it's a DCA trying to get acknowledgement of a loan by offering a carrot?

[rdm2006]

It may be worth checking your credit file then

[Nishikigoi]

Nothing on there from them.

 

They have now sent a letter/threat'o'gram that says...

 

"Consideration of COURT ACTION may be recommended to our clients unless you make contact with this office"

 

Couple of things jump out, they don't 'own' the debt and are obliquely threatening court action that they cannot possibly carry out, this is deceptive behaviour!

 

Should I react to the court threat for entertainment value and demand all document they have to support their claim, or just send the SB letter and ask that they not use telephonic communication to harass me?

 

Having a look I think an edit of the original SB letter with some of the letter when they continue to pursue is required as the fist has no "I acknowledge no debt....etc" part.

Edited June 23, 2012 by Nishikigoi

[dx100uk]

pers i'd ingore

 

you dangle a carrot

 

they'll think they've found a mug that awaits fleecing.

 

dx

[citizenB]

If you believe the debt is statute barred, then yes send the SB letter to OC - I would add a paragraph to suggest they call of their rotweillers.

 

Also copy their letter to the OFT, although they are not actually saying that they will take court action - just that they will recommend to their clients to do so.

[Bazooka Boo]

As for the text messages, you can block these, and report them to your network provider,

 

Orang, O2, & T-Mobile: forward the sms to 7726

Vodafone forward the sms to: 87726

Three forward the sms to: 37726

[Nishikigoi]

That was VERY handy, just sent a load off to 3, funny as I know they sell your number on

 

As for the text messages, you can block these, and report them to your network provider,

 

Orang, O2, & T-Mobile: forward the sms to 7726

Vodafone forward the sms to: 87726

Three forward the sms to: 37726

[Bazooka Boo]

Good, the more people do it the better.

[Lee Vodafone Company Rep]

 

Orang, O2, & T-Mobile: forward the sms to 7726

Vodafone forward the sms to: 87726

Three forward the sms to: 37726

 

Hi Bazooka Boo and all,

 

On a general note Vodafone customers can obtain further help and support with dealing with Spam text messages, nuisance calls etc via our website here.

 

Thanks,

 

Lee

 

Web Relations Team

 

Vodafone UK

[Nishikigoi]

Right...

 

Bit of a problem with reporting them, they send txt's that arrive as 'Debt Managers' not a number (and no it's not in my phone book) '3' ask for the number, I've hit call to get the return number of 33286477 and sent this to '3' who say they cannot identify the number (as it's a short one I guess).....Any ideas how to cause them harm?

[Nishikigoi]

I've got a thread about getting txt's, but I'm trying to understand if sending a txt is considered harassment as telephone calls are as they are I guess in writing?

[Nishikigoi]

Okay, just done a draft letter to them....

 

I do not acknowledge any debt to you, your representatives, clients or any other parties

 

 

 

 

Dear N. Sutton

 

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

 

I would point out that I have never heard of '*********' or knowledge of any such debt being owed to them. Please send me copies of any documentation you are in possession of to substantiate your demands for payment.

 

I am familiar with the CPUTR 2008 and the Office of Fair Trading's Guidance on debt collection, which states that it unfair to send demands for payment to an individual when it is uncertain that they are the debtor in question. I would also point out that the OFT say under the Guidance that it is unfair to pursue third parties for payment when they are not liable. AND in not ceasing collection activity whilst investigating a reasonably queried or disputed debt you are using deceptive/and or unfair methods.

 

Furthermore ignoring and/or disregarding claims that debts have been settled or are disputed and continuing to make unjustified demands for payment amounts to physical/psychological harassment.

 

I would ask that no further contact be made concerning the above account unless you can provide evidence as to my liability for the debt in question.

 

Please also be advised that I will only communicate with you in writing. I have noted your repeated attempts to contact me by text message over the past few weeks and these have been duly logged by time and date. I consider these to be harassment as these only ask me to contact you by telephone, something I have no intention of doing.

 

 

Furthermore, as you have openly threatened the possibility of court action and have signed your letters “N Sutton, Court Department”, you must be in possession of evidence to be in a position to make this threat. You have a duty if such actions are viable to share such documentation with me, otherwise your actions are illegal and constitute “Demanding money with menaces”.

 

 

 

Yours faithfully

 

What do you think?

[citizenB]

Looks ok to me

[Nishikigoi]

Sigh...Bit long

 

I'm guessing letters got crossed in the post, but got another threat'o'gram from another Xmas cracker company with nothing more than a P.O box...

 

All the same "We will sue/investigate/visit" so they got updated letter, not posted yet so thought I'd pop it on here for the Borg Collective to read first

 

Look okay? (formatting is better when I printed)

 

 

 

Thank you for your letter dated 16th of July 2012, please read my enclosed letter to your clients dated the 13th of July (sent recorded delivery). My position on this matter is quite clear. I will presume for this correspondence onlythat your letter has been sent in error or crossed my letter to your client in the post. In future I will be charging each correspondence at a rate of £25 and I will only communicate with you or your client in writing.

Returning to your letter of the 16th of July 2012 you are insinuating that legal action, investigation or a doorstep visit might occur, dealing with these points in reverse order...

Doorstep agents:

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 such an appointment with you.

 

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 & Short Ltd [1959] 2 QB 384. 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, you will be liable to damages for a tort of trespass and action will be taken, including but not limited to, police attendance.

Investigation:

I have already asked your clients for documentation to prove this debt and I would point out that I have no knowledge of any such debt being owed to *******.I would ask that no further contact be made concerning the above account unless you can provide evidence as to my liability for the debt in question.

 

I am familiar with the CPUTR 2008 and the Office of Fair Trading's Guidance on debt collection, which states that it unfair to send demands for payment to an individual when it is uncertain that they are the debtor in question.

 

I would also point out that the OFT Guidance says that it is unfair to pursue third parties for payment when they are not liable AND in not ceasing collection activity whilst investigating a reasonably queried or disputed debt you are using deceptive/and or unfair methods. Furthermore ignoring and/or disregarding claims that debts have been settled or are disputed and continuing to make unjustified demands for payment amounts to physical and psychological harassment.

 

Court Action:

I have made a search of my credit file and found no entry that matches or is even close to ******* which you claim is owed. Therefore it either does not exist or such time has passed that it cannot be enforced.

 

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”.

 

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.

Therefore you and your clients claims that legal action might be taken, particularly as both of you write from “Court Department” and “Litigation Department” I consider to be harassment and Vexatious.

As this alleged debt is as a minimum in serious dispute for having not provided any proof as requested and for being beyond the limitation act 1980, sec 5 if such debt ever existed. I remind you and your clients “Debt Managers Ltd” and “**********” that this alleged debt must not be sold or transferred to another company or agent.

 

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.

[citizenB]

So you dont even know who their "client" is ?

 

I susggest you dont write to their PO box number address - instead make an OFFICIAL complaint to their Head/registered office. Which should be at the bottom of their letter.

 

Head your letter OFFICIAL COMPLAINT

 

I would not "Thank" them for their letter, I would merely point out that you are in receipt of it.

 

You appear to swing back and forth between "We" and "I" .. Be consistent throughout.. one or the other

[dx100uk]

post 9

 

dx

[ScarletPimpernel]

I think their text messages are a breach of the OFT Guidance, which states that DCAs communications must make clear who they are and what they are making contact about. Sending texts that say: 'Please contact Debt Managers Ltd on xxxxxxxx urgently quoting ref xxxxxxxx' do not meet this requirement.

[dpick]

I would ignore until they send you something that say's you owe £nnn to our client "XXXXXX" for account "XXXXXXX" then tell them to bog-off.

 

dpick

[Nishikigoi]

They do scecify an amount, it's SB'd from an original mobile phone (O2 breached contract so I formally cancelled in writtting, they tried to sting for rest of contract)

 

The debt is 'client' is Lowell-O2 (UK) Ltd, looks like they purchased a load of duff debt and are trying it on.

 

I've posted a letter back slightly revised, as it's SB'd and not on my CR I can pretty much ignor them, but I want to keep an eye for illegal activity on my CR as it getting better. Having a recorded delivery document trail will make that easier to deal with (IMHO)

 

Cheers for the replies

[sillygirl1]

These are texting me occasionally, along with the "We know how much you are owed on your credit card PPI.." As I've never had a credit card I can't be owed PPI.

 

All texts like this get put into a Phoneblocker app and reported to the ISP as spam calls... however if you do try to call the mobile they send from it nearly always is non-operational.... even five minutes after receiving the text.

 

I also never text the word they want to "Opt out" as I never opted in in the first place.

 

All forms of texting for debt should be illegal. Somebody else may end up reading the message quite easily, what with all the tracking apps available now to catch unwary people cheating on their partners...