Global Debt Recovery Litigation

[staxvolt]

GDR are chasing on behalf of Experto Credite who I have no dealings with.

 

Letter received Nov 12 with no details only an amount they say is owed, and no ref to OC - this I ignored.

 

Today a further letter stating they have been instructed to proceed with litigation

and asking me to contact them to agree payments to prevent court claim.

 

No timescale given, only unless they hear from me then litigation will start.

 

This may relate to a Nat West CC where I was paying Intrum Justitia and stopped about Dec 07 and cca'd them.

 

IJ responded Mar 08 saying the cca was not available and therefore could not legally enforce - I have a copy of the letter.

 

The amount being chased by GDR is similar.

 

What are my best options seeing they have been instructed to issue litigation by Experto Credite.

Edited February 11, 2013 by staxvolt

[BRIGADIER2JCS]

Send a copy of that letter to GDR.

[staxvolt]

Send a copy of that letter to GDR.

 

Thanks Brigadier.

At this point I am assuming it is the same debt as they are similar amounts.

There has been nothing from Experto that said they were/had taking over the debt.

Did they takeover Intrum Justitia.

Should I still send saying "if you are referring to this then note the content" or should I start with the prove it letter first.

[BRIGADIER2JCS]

:-)I think there was some merger/to, prove if plus copy of letter might save time and postage!!

[staxvolt]

:-)I think there was some merger/to, prove if plus copy of letter might save time and postage!!

 

Good point, just looking at best options.

I will do both as you suggest.

Could be they are forcing the pace due to it being statute barred at the end of the year and hoping to cash in.

[BRIGADIER2JCS]

Almost certainly also financial year end looms they'll want as much old debt off the books as possible.

[dx100uk]

instructed does now mean WILL

read the letter properly

it will not say ARE or WILL.

 

every word but

 

a dca issuing court proceedings for another dca

that brought the debt from another dca

 

 

FAT CHANCE!!

 

scan up the letter

 

scan the required letters/agreements/sheets - as a picture[jpg] file

don't forget you can use a mobile phone or a digital camera too!!

'

BUT......

ENSURE: remove all pers info inc. barcodes etc using paint program

but leave all monetary figures and dates.

*********************************************************

{DO NOT USE A BIRO OR PEN OR USE SEE THRU TAPE OR LABELS]

DO NOT USE ANY PDF EDITOR TO BLANK STUFF, THAT CAN BE REMOVED

*************************************************************

DO IT IN MSPAINT.EXE or any photo editing program

if you have multiple scans/pics

put them in a word doc FIRST and convert that to PDF

convert existing PC files to PDF [office has an installable print to PDF option]

..

goto one of the many free online pdf converter websites [http://docupub.com/pdfconvert/]

it would be better to upload a multipage pdf if

you have many images too rather than many single pdfs

.

or if you have PDF as an installed printer drive use that

or use word and save as pdf

try and logically name your file so people know what it is.

i'e Default notice dd-mm-yyyy

.

open a new msg box here

hit go advanced below the msg box

hit manage attachments below that box

hit the add files button on the top right

hit select files, navigate to your file on your pc

hit upload files

.

dx

[staxvolt]

]The first line of the letter is - 'We write to inform you that we now have authority from our client to proceed with litigation'.

The last line says - 'We are now preparing your case for litigation'. However if you telephone us and arrange repayment of the debt we will consider suspending any legal action'.

 

The link to Intrum Justitia is an assumption as the amounts are similar and Nov 12 was the first time GDR chased referring to their client Experto Credite.

 

I will scan letter later.

[42man]

You may like to write something along the lines of this.

 

Dear Sirs,

 

I write in response to your letter dated XXXXX

 

Your letter is incorrect and frivolous, you are fully aware of legally valid reasons why no payment has been made on this account, namely that the agreement which underpins this account has not been supplied despite a perfectly valid request to Intrum Justitia and furthermore, it is suggested that notwithstanding the failure to supply a copy, the agreement itself is improperly executed, devoid of all prescribed terms and deficient in respect of detail relating to APR, total charge for credit and statements of rights ,remedies and protections as required by schedules 1,2 and 6 Consumer Credit Agreements Regulations 1983

 

Therefore the agreement as outlined in section 65 (1) Consumer Credit Act must be laid before the court to be granted an enforcement order before any further action can be taken

 

It is my view that the court would not grant such an order due to the deficiencies that I have outlined within the agreement, further more this has already been raised with (name of bank/dca) yet I note they have still assigned the account over to yourselves and the absence of any documents disproving my points itself speaks volumes

 

Therefore, I would indeed welcome the opportunity to place this before the court. furthermore should you proceed with the threats to issue a court claim I will make an immediate application to have it set aside for the grounds outlined above, also I shall refer the judge to this letter when the matter of costs falls due

 

Also please be advised that I will only communicate with you in writing. I have noted your repeated attempts to contact me by telephone over the past few weeks/months and these have been duly logged by time and date.

 

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

 

I trust this outlines my position clearly enough for you

[dx100uk]

scan up the letter!

 

dx

[staxvolt]

Scan of letter is here

 

I understand referring to the Intrum Justita letter, but I do not know if Experto have taken over the debt.

Although it does look very likely.

Edited February 13, 2013 by staxvolt

[dx100uk]

follow the guide post 7 please

 

dx

[staxvolt]

Reread the post - yes will do.

[staxvolt]

Scan of letter as a pdf is here.

I have edited previous post.

Hope this is now ok

[dx100uk]

we have certainly seen that letter lots of times here before

i've gotcopies from years ago.

 

they might have 'authority' to litigate'

 

if they do or can is a totally diff matter!

 

dx

[staxvolt]

Ok - so what would be best course of action.

My thoughts are to start with the prove it letter first to see what they have.

If there is a link to Intrum Justitia then send 42mans letter.

What do you think.

[Guest]

how can they consider suspending something they haven't started yet

[BRIGADIER2JCS]

They mean suspending the progress of the action through to a court hearing, in other words ''you do as we say then we wont go forward@@.

[dx100uk]

cant see why you should not send 42mans letter

 

thats one of tthe best there is

 

nails their willy waving to the mast.

 

dx

[staxvolt]

Yes I like that letter.

I suppose it is safe to assume they are referring to the same debt as IJ, even though there is no reference to the OC.

I will send 42mans letter.

BTW this does not show on my credit file.

[dx100uk]

then add that too the letter.

 

some thing like.

 

upon reviewing my credit reference file it is noted that there is

no debt that can be related to your threat-o-gram either

 

so this alleged debt has either dropped off following any defaults' 6th birthday

or never existed in the first place.

 

whichever be the case, the above would support statute barring

if a debt ewver existed anyhow.