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    • Driver entered car park run by CEL Ltd .Tried to purchase lozenges  at Pharmacy , saw it was busy so left . Time there approximately 5 minutes . Left to go to pick up some goods  a couple of miles away . I have a copy of a collection of goods note with an approximate time on it  Stayed a while to chat with client On return journey stopped  to try again . Bought lozenges and left . There were no restrictions on returning  ANPR cameras registered first entry and last exit  Was sent photos showing vehicle with 2 blown up with the times on them   Company refuses to divulge landlord or show contract ....said it was data protection ! Photo of a sign blown up .....could be anywhere ! Been to site itself . No signs at entrance . When entering from main road nothing ! Where there is parking a few signs visible depending on parking space . Large sign on an external wall which can only be seen when walking out or entering from side road on the left . After a number of letters  I received demands from ZZPS ....a “debt collector “. They gave up on that ! This incident took pace in February . Now a Letter Before Court requesting details of my salary and how I intend to pay the debt  The length of stay is 40 minutes . Tiny car park !   Do know why there are even limits . Length of stay maybe 15 minutes in total . It is madness The pack of lozenges cost £185 ! Am 72 years old with multiple health problems ! Cannot let these cowboys win . Feel as though I am being intimidated . Very stressful ! Any  advice please ?I have drafted  together bits from all over the place ! Need it to stop ASAP !
    • Hi    This is my draft WS, please do let me know of nay changes or additions required, thanks.    IN THE County Court AT                                                                              CLAIM NO:      BETWEEN: CABOT FINANCIAL (UK) LIMITED   -and- (DEFENDANT)     ___________________________________________ WITNESS STATEMENT OF        INTRODUCTION    1. I, XXXX, the Defendant in this case, make this statement in support of my defence against the Claimant, Cabot Financial (UK) Limited.  The matters set out below are within my own knowledge, except where I indicate to the contrary.    THE DEFENDANT’S RESPONSE TO THE CLAIMANT’S WITNESS STATEMENT    2. The Claimant states in Paragraph 3, ‘….refer to various documents, true copiesof which are contained in the paginated bundle to this statement marked “JK”1’, but then states in para 4, ‘Acopy of the reconstituted agreementwith associated terms and conditions….pages 1-10’. There are 3 versions attached of the alleged Agreement and Terms & Conditions and according to para 4 they are not the original but ‘a reconstitutedversion’. They have attached 3 Agreements namely, ‘Original Agreement’, ‘Default Agreement’ and ‘Terms of your Capital One Credit Card Agreement’.  The Claimant has provided 3 sets of generic/reconstituted Agreement and Terms & conditions.     3. The Claimant in Para 4 also states ‘On or around 5thNovember 2012 the Defendant entered into a Credit Card Agreement,’ but Page 2 of JK1 has a date inserted 2/11/2012.  It has my name, address and a date inserted in the form but no mention of how the agreement was made, online, post or telephone, and furthermore not mentioned in the Claimant’s Witness Statement.     4. As a rule of thumb I always ensure that no 3rdparty is to contact me or to send me marketing information via telephone, post or electronically’, but Page 2 of JK1 has an unticked box, another indication that this is not an original agreement.    5. Page 5 of JK1 has too many typo mistakes in the heading as follows: TERMSOF YOUR CAPITALONE CREDITCARD AGREEMENT, furthermore there are no ‘full stop’ punctuations at the end of each sentence, this surely cannot be a document sent out by Capital One.     6. The Claimant states in Para 9 that my defence is a ‘templated defence’, requesting documents pursuant of CPR 31.14 and Section 78 of the Credit Card Act 1974, this is a defendant’s right for request of information but the Claimant has failed to provide the true original Credit Card Agreement and Terms & Conditions.   7. The Claimant states in Para 25 that, ‘the Claimant allowed the proceedings to be stayed in order to allow the parties to attempt settlement negotiations…..’ this is not correct as the Claim was stayed due to the Claimant not being able to provide the requested documents pursuant of my CPR 31.14 and Section 78 of the Credit Card Act 1974.   8. Para 30 and 31of the Witness Statement requests to restore the proceedings, to strike out the Defence, has requested for a Summary Judgement, together with costs to be assessed summarily by the court. I, the Defendant, strongly object to the Claimant’s Witness Statement requesting to lift the stay and enter Judgement. I believe therefore, that this should be denied and I respectfully ask for you to strike out the claim. My reasons for this have been outlined in points 1 to 7.    9. By the reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief and invite the Court to strike out the claim.   I believe that the facts stated in this Witness Statement are true.    Signed:  Dated:
    • District Judge has considered the statements of case and directions questionnaire filed and allocated the claim to the small claims track on 13th January 2020 for 1 hour.    Claimant has by 16th December 2019 pay the court trial fee or file a properly completed application, otherwise the claim will be struck out with effect from 16th December.    I have a few questions if possible to get an answer from anyone please.    The following directions apply to this claim: 1. It says that each party must deliver to the other party and to the court office copies of all documents on which that party intends to rely at the hearing no later than fourteen days before the hearing.  My understanding this will my witness statement, images of the parking area, out of time sent NTK documents. Is this correct? What else am I not thinking about?    2. I have to leave country for important work trip from 10th to 19th of January 2020. Is there anything I can do to postpone this case since its booked for 13th January?  Thanks!      
    • However having had a quick look at the consumer rights act, I see that it doesn't seem to apply if you have bought second-hand goods sold at a public auction and you had the opportunity of attending the same person – section 2 (5) Unless someone has some better ideas, I'm not sure what you can do.
    • I'm trying to understand your story because is not completely clear. You bought the car auction and you were aware at the time of the purchaser there was an ABS fault. Subsequently an ABS fault developed both this was a different fault and not of the type that have been flagged up at the auction. Is this correct? If you bought the car knowing that there was a particular ABS fault then I don't think you have any comeback. However if the fort which subsequently occurred is not the one which was flagged up at auction then you may be in a better position
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TMPilot

Mr Lender is about to cost me my job!!

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Hi,

 

I'm having issues with Mr Lender who seem determined to cost me my job! I'm working hard and a lot of hours to get enough cash to pay these idiots, but they are continuously contacting my office and speaking with my boss directly. They have sent emails direct to him too, identifying themselves and the debt I owe them, to the penny.

 

I think the final straw is with them accusing my boss of lying when I was out of the office and demanding to know what meeting I was in (confidential).

 

My boss has told them it is a company phone and they must cease contacting it, but they haven't. And now if they don't stop I could be let go!

 

I found a template letter I am sending today (below), but I'm not sure how effective it would be against these people?

 

Dear Sirs

 

I am writing in relation to the quantity and frequency of telephone callsicon 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.

 

You are reminded of the following under The Administration of Justice Act 1970.

 

Section 40 of the act provides that 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 contract, he or she:

 

(a) harasses the other with demands for payment which by their frequency, or the manner or occasion of their making, or any accompanying threat or publicity are calculated to subject him or his family or household to alarm, distress or humiliation;

(b) falsely represents, in relation to the money claimed, that criminal proceedings lie for failure to pay it;

© falsely represent themselves to be authorized in some official capacity to claim or enforce payment;

(d) utters a document falsely represented by him to have some official character or purporting to have some official character which he knows it has not.

 

I am of the view that your 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.

 

Further to this all calls from your doorstep collectorsicon must also cease unconditionally and with immediate effect. I note that there is only an implied license under English Common Law for certain people to visit me on my property without express permission; the postman and people asking for directions etc (Armstrong v. Sheppard and Short Ltd [1959] 2 Q.B. per Lord Evershed M.R.).

 

Take note, I revoke license under English Common Law for you, or any of your representatives to visit me at my property and if you do so without my permission, you will then be liable to damages for a tort of trespass. You would also be conspiring in a trespass if you sent someone to visit me nevertheless. Any trespassers you attempt to send therefore will be dealt with accordingly.

 

Be further advised that any further telephone callsicon from your company will be recorded.

 

Yours faithfully,

 

 

Does anyone have any advice on how to stop them contacting my office? Surely they can't do this?

 

Thanks,

TM

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the best thing to do is answer your mobile when they phone. Explain that you have informed the OFT and have opened a case with the FOS. I dont believe sending the email is going to magically stop these idiots from phoning.

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How did they find out where you worked and your boss's number ?

 

What do they say to him ?

 

What does he say ?

 

I would of thought this is close to harrasment as your letter mentions, which can be a criminal and civil wrong, you should edit it to point out that speaking to your boss in unacceptable and is breaking various laws/rules rehgarding confidentuallity, etc.

 

Andy

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If my memory serves correct, Mr Lender asked me for my work contact phone number at application stage. I believe they actually called my workplace at application stage and asked a colleague if I was there, my colleague answered "he's not here at the moment". This was apparently enough confirmation for them that I worked there.

 

You need to speak to your boss. Show your boss a copy of the email that you've sent RE: telephone harassment. It's NOT your fault that some phone drone is calling your work place is it? It's unfair that your boss is threatening you with letting you go.

 

I wouldn't be confident that answering your own phone would stop these cowboys calling your workplace.... They are trying to worry/embarrass you into making a payment.

 

I'd send a copy of That harrassment letter to the company secretary. Advise them that personal

Calls are strictly prohibited and you could be disciplined and possibly dismissed should the calls continue.

 

Have you attempted to arrange a repayment plan? They always encouraged me to reply to their correspondence via email and answered any querys I had when using that email address.

 

customer.services@mrlender.co.uk


It never rains but it pours...

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You can and must raise their conduct with the OFT and the Ombudsman. Mr Lender and other PDL companies believe rules and regulations do not apply to them. OFT have specificially warned PDL companies in their report that their practices, including calling you at work is bang out of order. Get a complaint to OFT straight away, don't hang around or think (believe me, they won't) that a PDL will magically stop calling you. They won't listen to an individual, they will listen to the people who can remove their licence to offer credit.

4.38 Issues highlighted in complaints included aggressive debt collection practices, such as threats to coerce payment and excessive collection charges, persistent and excessive telephone calls, including calling consumers at their place of work.

http://www.oft.gov.uk/news-and-updates/press/2012/110-12

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You can and must raise their conduct with the OFT and the Ombudsman. Mr Lender and other PDL companies believe rules and regulations do not apply to them. OFT have specificially warned PDL companies in their report that their practices, including calling you at work is bang out of order. Get a complaint to OFT straight away, don't hang around or think (believe me, they won't) that a PDL will magically stop calling you. They won't listen to an individual, they will listen to the people who can remove their licence to offer credit.

4.38 Issues highlighted in complaints included aggressive debt collection practices, such as threats to coerce payment and excessive collection charges, persistent and excessive telephone calls, including calling consumers at their place of work.

http://www.oft.gov.uk/news-and-updates/press/2012/110-12

 

I believe there are other rules that point out that a Debt Collector should not be telling other people about the debt such as workplace, neighbours, etc

 

Andy

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Spot on. Unless OFT are made aware of these people and subsequently decide to show some teeth and take a bite, nothing will happen.

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Im quite positive your employer could not dismiss you for them calling you at work either.

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Im quite positive your employer could not dismiss you for them calling you at work either.

 

They could certainly start a disciplinary procedure for receiving personal calls at work, particularly if they have a specific policy regarding this. The fact that TMPilot has gone to some effort to prevent them calling his work would certainly go in his favour if it did come to that, and I would hope that any manager in the position disciplining someone over something like this would exercise some common sense.

 

I first started helping people (beyond myself) with payday loans because one of my employees was being harassed via one of our work phone lines in a very similar manner, including the accusations of management 'covering' for her so she didn't have to talk to them. It only bothered me in the sense that they were driving her out of her mind, but certain other people took a very dim view of it all - particularly one senior manager who would have toe punted her out of the building if he'd got his way.

 

As Toptrapper has already said, you must complain to the OFT and Trading Standards and send the harassment letter that you've outlined above. As your boss is already involved in this, take copies to show him and reassure him that you are doing everything in your power to make them stop.

 

I would also start keeping a formal log of all calls that they make to you, including the contents (particularly if they breach your privacy, or are threatening in any way). If possible, record the calls. It's worth noting that Lloyd's bank were recently successfully sued for telephone harassment.


"Then they came for me--and there was no one left to speak for me". Martin Niemöller

 

"A vital ingredient of success is not knowing that what you're attempting can't be done. A person ignorant of the possibility of failure can be a half-brick in the path of the bicycle of history". - Terry Pratchett

 

If I've been helpful, please click my star. :oops:

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They could certainly start a disciplinary procedure for receiving personal calls at work, particularly if they have a specific policy regarding this. The fact that TMPilot has gone to some effort to prevent them calling his work would certainly go in his favour if it did come to that, and I would hope that any manager in the position disciplining someone over something like this would exercise some common sense.

 

I first started helping people (beyond myself) with payday loans because one of my employees was being harassed via one of our work phone lines in a very similar manner, including the accusations of management 'covering' for her so she didn't have to talk to them. It only bothered me in the sense that they were driving her out of her mind, but certain other people took a very dim view of it all - particularly one senior manager who would have toe punted her out of the building if he'd got his way.

 

As Toptrapper has already said, you must complain to the OFT and Trading Standards and send the harassment letter that you've outlined above. As your boss is already involved in this, take copies to show him and reassure him that you are doing everything in your power to make them stop.

 

I would also start keeping a formal log of all calls that they make to you, including the contents (particularly if they breach your privacy, or are threatening in any way). If possible, record the calls. It's worth noting that Lloyd's bank were recently successfully sued for telephone harassment.

 

Laughingirl, absolutely spot on. You've put it far more eloquently than I ever could!!! OFT have already criticised PDL's for calling people at work and have said action will be taken. Any PDL that phones you at work when they have been expressly asked to be stopped must be reported.

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