Debt Managers LTD and Arrow- Shop Direct (Carval)

[z0nk]

Any help with my situation is greatly appreciated.

This is quite stressful as you can imagine.

I do not owe any money to anyone and my credit reference is clean as I just checked on noddle.

 

14 Dec 2012

I receive the following letter from Debt Managers LTD:

 

We are attempting to contact the above named person and our client's recent investigation have resulted in your details being obtained from a credit reference agency.

Your address has been provided by them due to a link with the data our client holds, as a possible new address for the person we are wishing to contact.

 

To verify that you are the person we are wishing to contact, or if you believe you are not the subject, please contact us urgently on 0843 216 8300 so that our records can be updated appropriately.

 

If we do not receive a response to this letter within 7 days, we will assume the link is correct and further communication will be made.

 

27 Dec 2012

I receive another letter from them titled 'Doorstep Agent Visit'. It said the Account is due to 'Arrow - Shop Direct (Carval).

 

We are collecting the above debt on behalf of Arrow.

We will instruct our doorstep agents to call at your address to discuss arrangements for the payment of the full amount owing.

You have a final opportunity to prevent this happening by simply calling us on 0843 216 8300 to set up an affordable payment arrangement.

Payment may be made by card securely online or by telephone on the number above.

You may even be entitled to a discount (without prejudice) for an immediate settlement.

Other payment options are available and can be discussed further.

If you are unsure of how you will settle this debt you must telephone one of our negotiator who will discuss the options available to repay this amount and the payment methods available.

 

 

 

Q. Should I send letter 1 or letter 2 for the next step?

Letter 2 was compiled from a template on another site.

 

Letter1

 

Dear Sir or Madam

 

Account No/Reference No: XXXXXXXX

 

You have contacted me regarding the account with the above reference number, which you claim is owed by myself. I have no knowledge of any such debt being owed to 'Arrow - Shop Direct (Carval)'

 

I am familiar with the CPUTR 2008 and the Office of Fair Trading's Guidance on debt collection, which states that it is 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 unfair methods. Furthermore ignoring and 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 and await your written confirmation that this matter is now closed. Otherwise I will have no option but to make a complaint to Trading Standards and also inform the Office of Fair Trading of your actions.

 

Furthermore, should it be your intention to arrange a “doorstep visit”, 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.

 

 

Letter2

'27th December 2012

 

This is NOT a complaint, a query, a request for a statement/agreement and is NOT to be treated as one. By doing so, you will agree to pay £5,000.00 in damages.

Do not refer to me as Mr/Mrs/Ms or any title, which is a legal fiction and is not me. By doing so, you will also agree to pay £5,000.00 in damages.

 

Re: Reference Number *********

 

Dear ******,

 

Thank you for your recent contact dated: 17th December 2012

 

I feel this matter is serious and wish to deal with it in writing. I do not give you permission to contact me by telephone. I will be logging the dates and times of your calls and messages and should they continue, I must warn you that they will now constitute ‘harassment' and I may take action under Section 1 of the Protection from Harassment Act 1997. I may also take further action under the Administration of Justice Act 1970 S.40, which makes it a Criminal Offence for a creditor or a creditor's agent to make demands (for money), which are aimed at causing 'alarm, distress or humiliation', because of their frequency or manner.

 

Please provide verification of your claim, including a lawful contract; a hand signed invoice in accordance with Bills of Exchange Act (1882) and proof of agency within ten (10) days from the above date so that I may settle any financial obligation I might lawfully owe. Your said failure to provide verification of your claim constitutes your agreement to the following terms: that you are a third party interloper; you have no legal standing; no first-hand knowledge of this matter; your claim is fraudulent; any damages I suffer you will be held culpable; you agree to pay all fee schedules; that any negative remarks made to a credit reference agency will be removed and that you will no longer pursue this matter any further.

 

Should you provide sufficient evidence that I owe your organisation or your client any outstanding amount and that you can provide proof that they have assigned you agency, I should be happy to pay any verified claim in full.

 

Furthermore, should it be your intention to arrange a “doorstep visit”, 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.

 

Thank you

[dx100uk]

moved to the cat forum

 

plenty of thread here to read.

 

IMHO

 

if nothing shows on your cra file

 

it is either not your debt [same name etc etc]]

 

or

 

its well statute barred

 

this is a phishing trip to catch a mug

that knows no dif than to cough up.

 

you found CAG.

 

ignore.

 

no DCA has any legal powers

 

they are not BAILIFFS.

 

dx

[oleg]

You say this is a stressful situation. Only if you make it that way. Just learn that these morons operate on instilling fear and, unfortunately, you're letting them succeed.

Avoid the temptation to respond to their provocations. The more you stick your hand in the cage, the harder they'll bite. Save yourself the time, worry and effort.

Debt Manglers do not generally send agents out. I ignored the sort of letter from them that you've had and they simply returned it to their 'client'.

DO NOWT.

As for your 2nd template letter, gleaned from a stable of unstable thinkers, pls let us know if you hear of anyone who gets £5K per each letter sent, in which case I think I'll start sending it too.

[BRIGADIER2JCS]

Too much in those lettere some unecessary others wrong.

Send the following to The DATA CONTROLLER at Debt Managers.

 

Re: as on their letters.

 

Dear sir,

 

I refer to your companys letters dated xx xx xxxx and xx xx xxxx in which you allege I owe a debt for £xxx .xx originally owed to xxxxxxxxxxxxx, please note I do not acknowldege any debt to Debt Manager s Ltd., or any company you may claim to represent.

 

I have no knowlege of any such debt and no knowledge of your client Arrow Global and therefore accept no liability for this allged debt,you should be aware of the OFT Guidance on Debt Collection 2002'2012 and the sections regarding pursuing an allged debtor when it is not clear that you have the right person, also you are reminded that the onus of proof that this debt is owed by me lies entirely with A|rrow Global and Debt Managers Ltd., and it is not dor me to prove I do not owe this.

 

Having checked my credit history and credit file records I have concluded that if any such allged debt ever existed it would now be statute barred and I would not make any payment or offer of payment now or in the future.

 

For clarification: I do not acknowledge any debt or liability to Arrow Global or Debt Managers Ltd., I have no knowledge of any Shop Direct Accoun or debt.

 

Any such allged debt would now be statute barred and I will not make any payment.

 

You will now close your file and return it to your client, cease to process all data relating to me and remove it from your records.

 

This is drafted from experience over the last 4-6 months of a portfolio of old Shop Direct accounts that are surfacing now, all those I have dealt with were either statute barred or the result of phishing exercises.

 

Send it recorded delivery.

[z0nk]

Thank you for the replies. I will use this suggested template

 

Dear sir,

 

I refer to your companys letters dated xx xx xxxx and xx xx xxxx in which you allege I owe a debt for £xxx .xx originally owed to xxxxxxxxxxxxx, please note I do not acknowldege any debt to Debt Manager s Ltd., or any company you may claim to represent.

 

I have no knowlege of any such debt and no knowledge of your client Arrow Global and therefore accept no liability for this allged debt,you should be aware of the OFT Guidance on debt collection 2002'2012 and the sections regarding pursuing an allged debtor when it is not clear that you have the right person, also you are reminded that the onus of proof that this debt is owed by me lies entirely with A|rrow Global and Debt Managers Ltd., and it is not dor me to prove I do not owe this.

 

Having checked my credit history and credit file records I have concluded that if any such allged debt ever existed it would now be statute barred and I would not make any payment or offer of payment now or in the future.

 

For clarification: I do not acknowledge any debt or liability to Arrow Global or Debt Managers Ltd., I have no knowledge of any Shop Direct Accoun or debt.

 

Any such allged debt would now be statute barred and I will not make any payment.

 

You will now close your file and return it to your client, cease to process all data relating to me and remove it from your records.

 

 

1. Should I address the letter to the exact guy who signed their last letter or should I just leave it as 'Dear Sir' and to The DATA CONTROLLER?

 

2. Should I hand sign the letter and put my name or just type my name-last name without signing as suggested by most people?

Edited December 28, 2012 by z0nk

[dx100uk]

1 the latter

 

2. no type

[BRIGADIER2JCS]

Yes to the Data Controller, and use any type of non decipherable signaturem just a squiggle will do, this is a data error/protection issue.

[z0nk]

OK thanks I will edit and post it with my name typed as mentioned.

 

 

this is a phishing trip to catch a mug

that knows no dif than to cough up.

If it is phishing, does it mean what Debt Managers LTD is doing is illegal and they are just lying about a debt in order to get money from people gullible enough to pay?

[dx100uk]

not illegal...unlawful.

 

well they've obv brought the debt on a phishing list

 

then phish for a mug that knows no better

 

lots of people sadly think a DCA is a bailiff!!! THEY ARE NOT!!

 

dx

[BRIGADIER2JCS]

And deceptive, underhand and misleading also in breach of OFT Guidance 2003/2012.

[z0nk]

Just another question, is it really necessary to even put my name at the end? How about if I just put 'Yours sincerely' and that's all?

[BRIGADIER2JCS]

Just another question, is it really necessary to even put my name at the end? How about if I just put 'Yours sincerely' and that's all?

To be honest just sign as you would normally, it is very very unlikely to be a problem, there are many tales of lifted signatures but in many years in dealing with debt problems I have never seen one.

[z0nk]

OK today I received a letter back from them. It says:

 

We are in receipt of your letter and note your comments. However, to enable us to investigate further and resolve this matter would you confirm if you are connected to or have lived at Manchester Road?

 

I have never lived at or have been connected to the road they claim.

 

How should I respond?

[dx100uk]

BUGGER OFF YOU MUPPETS

 

dx

[BRIGADIER2JCS]

Or to tranlate DXs excellent response.

 

Dear Curr,

 

No I have I do not have any connection with the address quoted , Now Bugger off.

 

Final Response.

[z0nk]

Lol thank you.

 

Btw could I sue them for stress/harassment?

 

It's appalling how they operate and they shouldn't be allowed to get away with it.

[BRIGADIER2JCS]

You could certainly seek redress for the stress and harassment by making a formal complaint and seek redress to satisfy the points of your complaint.

 

Cheaper and easier than litigation.