Help with Debt Managers Ltd - Arrow- Shop Direct (Carval)

[Nishikigoi]

Have a read of my thread http://www.consumeractiongroup.co.uk/forum/showthread.php?353972-Debt-Managment-Ltd-sending-txt-to-my-phone&p=3869681&viewfull=1#post3869681

 

Sounds like I'm a little further along their conveyor belt of Xmas cracker P.O box "Solicitors"

 

Just sent them a merge of about 4 letters, should keep them busy!

[gust]

thanks everyone I will read your post now Nishi

 

So if this debt is an alleged catalogue debt then is this covered under CCA and worth sending a request to them? thanks.

 

Can i get this default off since they didnt send me a notice?

[Bazooka Boo]

Yes it is subject to the CCA, but they won't have one I guarantee it.

 

Do you recognise this debt? Did you have a catalogue?

 

If this isn't yours then the CRA should be informed to remove the incorrect data from your file or face legal action along with the clown who placed it o their.

 

If you do recognise it, then you can tie them up in knots, reclaiming all the fees and charges they have added then paying £1 a month, it will never go near a court.

[gust]

i have had a catalogue once before - but only used it lightly and they are claiming i owe over £400 which is incorrect.

 

 

one of the linked addresses they put on myfile is incorrect IE the house across the road - i have informed the CRA's of this

 

I guess i need to tell these lot the same?

[renegadeimp]

Theyre claiming that amount because the debt is full of penalty fees which you can reclaim.

[gust]

ok this is my draft should i send or not?

 

Disputed Debt.

 

 

 

Dear Sir

 

I have received your reply dated xx/xx/xxxx.

 

If you were not told by xxxxx that this debt is in dispute then you really should ask them for more details. I sent xxxxxx a letter on the xx/xx/xxxx requesting they provide evidence as to my liability for this debt. I can inform you even till this day they have not done so and nor have yourselves.

 

Furthermore they have placed a default on my credit file on the xx/xx/xxxx without even sending me a default notice. To register information with a credit reference agency, you must have written consent from the customer to collate and share such information. A complaint to the ICO is in process.

 

I will not be making any further payments to you until you provide me with the documents I have requested. Whilst you remain in default of my request, you are not permitted to take any action against this account. This includes adding further charges and passing any information to the credit reference agencies.

 

Should you not have any documents to prove my liability in relation to this alleged debt, please confirm this in writing to me.

 

 

I look forward to your reply.

 

Yours boringly...

[renegadeimp]

http://www.consumeractiongroup.co.uk/forum/content.php?428-General-debt-letter-if-you-know-nothing-of-the-debt - prove it letter

 

http://www.consumeractiongroup.co.uk/forum/content.php?426-A-letter-when-the-account-has-been-passed-to-another-debt-collection-agency - letter for when it's "yo-yo'ing" around different DCA's

 

http://www.consumeractiongroup.co.uk/forum/content.php?425-Letter-to-solicitors-threatening-legal-action-in-default-of-agreement-request - letter to whoever when they are in default of an agreement request.

 

 

See if any of those apply.

 

As a side note, you dont have to "pussy foot" around or ask that they consider doing things. Tell them exactly what they have done wrong, and what you want achieved. Bullet point it if necessary. DCA's and a lot of creditors just bin standard templates, or ignore it. The longer a letter is, the less attention it will get. DCA's normally have the attention span of a gnat, so keep everything short, sweet and to the point.

 

If you write " NOTICE OF FORMAL DISPUTE" or "NOTICE OF FORMAL COMPLAINT" in big black letters at the top of the letter however, it usually gets their attention fast.

 

Send them the prove it letter first. If they dont provide proof, then the alleged debt goes into dispute and they'll be stuck. Always remember, refer to the debt as the ALLEGED DEBT or the ALLEGED ACCOUNT. Do not use any other wording as it could be taken that you acknowledge it, thereby negating the need for them to prove it.

[Bazooka Boo]

http://www.consumeractiongroup.co.uk/forum/content.php?428-General-debt-letter-if-you-know-nothing-of-the-debt

[gust]

yes i sent that one last week to them

 

they sent me nothing to prove... so the letter above i was thinking of replying to them. they just asked me for previous address details....

 

cheers

[renegadeimp]

If they didnt send any proof at all in that time, then the alleged debt is now in dispute and they need to remove your details from their system. You should also make a full complaint to the CEO of the DCA and to the OFT.

[gust]

i sent prove it letter not CCA request

 

this still apply?

 

thanks

[renegadeimp]

yep. You sent them a legal request, the account is now in dispute. Whatever they send, simply tell them that because they didnt respond to your request, you will now be reporting them to the OFT/FOS and no further correspondence will be entered into with them.

[gust]

thanks they contacted me about 7 days ago with last letter - how long should i give them before i write back and tell them to take me off their system? same as a CCA request? 12+2 days?

 

thanks

[renegadeimp]

If you sent the prove it letter, they usually have 7-14 days to confirm the debt is yours or they are removing your details from their systems. If they continue to harass you about the alleged debt without proof, then they are in breach of their credit license and MUST be reported.

[BRIGADIER2JCS]

There is in fact no speciied time limit some DCAs may reply

most will ignore and continue to press for payment.

[renegadeimp]

You could always add a time limit. If proof isnt provided, then they are in breach of OFT guidance and possible harassment.

[BRIGADIER2JCS]

Arbitary time limits as used frequently by DCAs are practically useless

as we see very day ''must respond in 7 days or we may'' etc.

Statutory time limits have to be adhered to although penalties for

non compliance even on statutory limits are no longer very effective.

[renegadeimp]

The fact that they still harass when in default of a legal request could be used against them

[BRIGADIER2JCS]

As said above the penalties are weak as are the regulators at present.

[lenray]

Recording your calls is a good idea but to be able to use this recording, legally you must make the person you are calling aware of the fact that you are recording the call and if they object you must stop recording - Comes somewhere under the Wireless and Telegraphy Act ... something or other. If you don't do this you cannot use the recording as evidence as it won't be legal. Just so you know ... Good luck!

[renegadeimp]

Actually you dont have to make the other caller aware. I thought the same as you originally but it seems that you can record a call whenever you like as long as its not covered under such things as the official secrets act or anything like that.

[lenray]

Re: Recording calls ... Please see

[BRIGADIER2JCS]

re: Recording calls ... Please see

 

see what????

[lenray]

Sorry hit the post button by mistake ...

itccallrecording .co.uk/legal-summary.htm

[Bazooka Boo]

Yes you can record calls, and no you don't need to inform the caller on the other end you are doing so.

 

I record all of my calls, and I don't inform the other party that I am doing so, if there is a dispute of some sort, then by disclosing that I will listen to the recording of the call again, often diffuses the argument.