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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times. ×


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      Just to clarify then, should the reason I am disputing the debt be that they have not supplied all the relevant paperwork (CCA) and the debt is therefore unenforcable?
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      By AndyOrch · Posted

      https://www.consumeractiongroup.co.uk/topic/406231-the-pre-action-protocol-for-debt-claims-is-made-by-the-master-of-the-rolls-as-head-of-civil-justice-1st-oct-2017/#comment-5145126  
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      Quick update. I've now recieved a letter before action from them with a PAP form to return enclosed, still no credit agreement however. I assume just a case of following the PAP thread and returning form with no CCA as the reason?
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      Thanks for coming back and letting us know. Obviously we totally disagree with their decision.  Their remortgaging could only have gone wrong if they had ended up with a CCJ.  And how do you get a CCJ?  If you lose in court and then defy the court and don't pay.  Even if you lose in court, you don't get a CCJ as long as you pay within the 30 days ordered by the court.  Even had they lost in court the judge would have disallowed the interest and the £70 Unicorn Food Tax that PE made up.  There was no advantage whatsoever for giving in and paying now. But thanks to you for letting us know - a hell of a lot of users don't.
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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times.

Scotcall Doorstep Letter***RESULT***

undernie

By undernie
in Debt Collection Agencies

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undernie

undernie

Posted
Posted

Hi All,

 

Back again for more advice from you great people.

 

Have had a letter from ScotCall this morning threatening doorstep visit for an old SB Debt which they are trying to collect on behalf of Activ Capital.

 

Just a bit of history: Aktiv Capital have been passing around an old debt for sometime now, via Equidebt, Buchanan Clark and Wells etc. The ususal. Threatening letters from both which I ignored, then letters offering substantial discounts etc. I ignored all, and they disappeared. I always waited to see what they were going to do next before actually doing anything and because they all disappeared I didn't bother.

 

I knew it would only be a matter of time before they passed it on to another, which obviously, is now ScotCall. Never had a doorstep threat-o-gram before though so thought I would re-post.

 

This debt they are chasing would have officially become SB in 2007. I am a member of all the main credit reference agencies, Equifax, Experian and Call Credit. The debt is not showing on any of my files and I can see that my files were refreshed in 2007. I have never acknowledged the debt in any way since 2001 so I know it is definitely be SB.

 

For ScotCall though, should I send off one of Brig's simple SB letters or the full one? And should I include a doorstep related letter in the same envelope? Or should I just continue to ignore? Don't really want the neighbours knowing about all of this if they are going to call round. I've read that sometimes they will ask your neighbours about you?

 

Thanks in advance as always.

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Consumer dude

Consumer dude

Posted
Posted
Hi All,

 

Back again for more advice from you great people.

 

Have had a letter from ScotCall this morning threatening doorstep visit for an old SB Debt which they are trying to collect on behalf of Activ Capital.

 

Just a bit of history: Aktiv Capital have been passing around an old debt for sometime now, via Equidebt, Buchanan Clark and Wells etc. The ususal. Threatening letters from both which I ignored, then letters offering substantial discounts etc. I ignored all, and they disappeared. I always waited to see what they were going to do next before actually doing anything and because they all disappeared I didn't bother.

 

I knew it would only be a matter of time before they passed it on to another, which obviously, is now ScotCall. Never had a doorstep threat-o-gram before though so thought I would re-post.

 

This debt they are chasing would have officially become SB in 2007. I am a member of all the main credit reference agencies, Equifax, Experian and Call Credit. The debt is not showing on any of my files and I can see that my files were refreshed in 2007. I have never acknowledged the debt in any way since 2001 so I know it is definitely be SB.

 

For ScotCall though, should I send off one of Brig's simple SB letters or the full one? And should I include a doorstep related letter in the same envelope? Or should I just continue to ignore? Don't really want the neighbours knowing about all of this if they are going to call round. I've read that sometimes they will ask your neighbours about you?

 

Thanks in advance as always.

 

You could send then in the first instance a formal letter withdrawing the right of access to your door..

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undernie

undernie

Posted
  • Author
Posted (edited)

Thanks for your replies people:-). Is it the doorstep letter you are referring to? And should I send the SB letter with it in the same envelope? Or better still make it part of the same letter?

Edited by undernie
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MARTIN3030

MARTIN3030

Posted
Posted

No reason why not.

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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theratboy

theratboy

Posted
Posted

I emailed them

 

Before reporting you to the OFT thought i'd give you the chance to explain why you are sending out threatening letters regarding an alleged debt that your fellow bottom feeders in kilmarnock were advised is statute barred in may 2011

your response is eagerly awaited

good Afternoon

Thanks for attached, this account was passed to ourselves by our client CABOT FINANCIAL , in view of the content we will return this account to them noting your comments and you should hear no more from ScotCall concerning this account.

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Stigman

Stigman

Posted
Posted

Keep the email just in-case anything surfaces in the future.

 

Stigman

NEVER telephone a DCA

If a DCA rings you, refuse to go through the security questions & hang up!

 

If I have helped you, click on the star & say thank you

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undernie

undernie

Posted
  • Author
Posted

Thing is though, that I haven't actually written to any of them before pointing out the statute barred status. Can I do this via e-mail then instead of post? i.e. just type out in an e-mail the letter I would have posted to them? I was under the impression you have to do it in writing by post and send it recorded delivery for proof it was received?

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renegadeimp

renegadeimp

Posted
Posted

You can do, but make sure it is CC'd to your email address or another one, so the headers prove that it was sent, should the DCA try to say otherwise.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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renegadeimp

renegadeimp

Posted
Posted

When you send an email, there will normally be another box near the place you put the recipients address, that says CC address. CC means carbon copy. Some email providers will let you use colons or commas to separate addresses. If you send an email, you need to do this to prove 100% that the message was indeed sent and you therefore have a pristine copy should a DCA try to change it and say you said something different. We've seen it a few times in the PDL forums on this site.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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renegadeimp

renegadeimp

Posted
Posted

If you want to yes, but that will incur a cost to you.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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renegadeimp

renegadeimp

Posted
Posted

Just remember, that in almost all circumstances, an email acts just like a letter in the eyes of the law.

 

However, for all legal requests, such as lba's/SAR's or CCA requests, it is much better to send the request or statement by "snail mail".

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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undernie

undernie

Posted
  • Author
Posted

Thanks mate. They didn't put that on my letter! There's no e-mail contact addy at all. :!: I wonder why?

 

In any case, I have decided to skip the e-mail after reading other threads and just go with the recorded delivery post.

 

Thanks though for all your advice and I will post back when/if I get a reply from them.:-)

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undernie

undernie

Posted
  • Author
Posted

Hi All

 

Just to update people. I posted off the SB/Doorstep letter to Scotcall.

 

I basically got a reply from them saying that they have noted my dispute and closed the account. I will not be hearing from them again regarding the account but that they are sending the account back to Aktiv/BCW group and that if I want more info to contact them directly.

 

I am just gonna wait and see which one I hear from next, if at all, and then go from there.

 

Just thought I would let you all know.:-)

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renegadeimp

renegadeimp

Posted
Posted

If scotcall have sent it back, then the debts well and truely unenforceable. They are one of the lowest forms of dca there are.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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wiseajak

wiseajak

Posted
Posted

hi i new to this but as far as i know they can only come to you doorstep if they have an appointment (OFT rules) and if u do not wish to make and appt with them u dont have to, withdraw their implied right of access, they have very little power. if they do come knocking on ur door after u have done this u can call the police and have them upp for tresspassing.

 

all the best

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undernie

undernie

Posted
  • Author
Posted

Yes, I know, I have already written to them about all of that and they have stopped chasing this debt. I was just updating the thread so that other readers can see what the outcome was. There is nothing worse than reading threads and not knowing how the person ever eventually got on with their case.

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MARTIN3030

MARTIN3030

Posted
Posted

I will mark the thread as sorted.

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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