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    • Well send off the letter of claim when you're ready. There's really no need to hang around. In terms of the particulars of claim – you don't need to send anything extra. Do not click any boxes.   I wasn't aware that you actually had to calculate the daily rate of interest. I'm giving a shout to my site team colleague @Andyorch
    • By the way, is there a telephone number for the mystery handset? Have you tried calling it?
    • Who made the complaint to the ICO? Did we recommend it? An uncharitable side of me wonders whether they aren't considering erasing all data in order to get rid of evidence of their bungling. Have you checked your credit file? I think you need to make sure the get copies of everything you can from anywhere just in case various records get cleaned up. I think should set about that straightaway although it's a nuisance. Keep a note of the time you spend doing it. Are you sure that the problems with Vodafone and also with Three were caused by your blighted credit file – blighted by virgin? Can we take it that your credit file before this was clear? I think it could be an idea to send an SAR to Vodafone and also to Three to see if they have any reference to the problem setting up your account with them and that those problems might have been caused by virgin. Your credit file also might show searches by Vodafone and also by Three. If there's anything else you can think of – then try to get the information.  
    • No they are not entitled to see payslips. Only if this ever went to Court and it was part of the Court process would this be required. So the information you provide needs to be accurate, in the remote possibility that your information is passed to a DCA who uses it in Court in the future.   Just enter all information onto your income/expenses sheet in Pounds Sterling.        
    • Hi, I am drafting the pro-rata letters and putting a income expenditure sheet together. One question, as I am overseas the expenditure currency is different to the debts. Are they entitled to see pay slips (also in anther currency which isnt indicated on the slips)?
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    • I sent in the bailiffs to the BBC. They collected £350. It made me smile.
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    • Hi @BankFodder
      Sorry for only updating you now, but after your guidance with submitting the claim it was pretty straight forward and I didn't want to unnecessarily waste your time. Especially with this guide you wrote here, so many thanks for that
      So I issued the claim on day 15 and they requested more time to respond.
      They took until the last day to respond and denied the claim, unsurprisingly saying my contract was with Packlink and not with them.
       
      I opted for mediation, and it played out very similarly to other people's experiences.
       
      In the first call I outlined my case, and I referred to the Contracts (Rights of Third Parties) Act 1999 as the reason to why I do in fact have a contract with them. 
       
      In the second call the mediator came back with an offer of the full amount of the phone and postage £146.93, but not the court costs. I said I was not willing to accept this and the mediator came across as a bit irritated that I would not accept this and said I should be flexible. I insisted that the law was on my side and I was willing to take them to court. The mediator went back to Hermes with what I said.
       
      In the third call the mediator said that they would offer the full amount. However, he said that Hermes still thought that I should have taken the case against Packlink instead, and that they would try to recover the court costs themselves from Packlink.
       
      To be fair to them, if Packlink wasn't based in Spain I would've made the claim against them instead. But since they are overseas and the law lets me take action against Hermes directly, it's the best way of trying to recover the money.
       
      So this is a great win. Thank you so much for your help and all of the resources available on this site. It has helped me so much especially as someone who does not know anything about making money claims.
       
      Many thanks, stay safe and have a good Christmas!
       
       
        • Thanks
    • Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003
      • 1 reply
    • Natwest Bank Transfer Fraud Call HMRC Please help. https://www.consumeractiongroup.co.uk/topic/428951-natwest-bank-transfer-fraud-call-hmrc-please-help/&do=findComment&comment=5079786
      • 33 replies

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Hi Guys,

 

I have received a few letters from Clarity which started with the usual we are trying to contact someone, which I ignored (why help them?) then came the "you owe us loads of money" letter, which I also ignored because I see why I should ring them or do anything initially. Then came the "we will send round the FieldCall people to discuss the fact that you owe us loads of money" letter.

 

I was not too purturbed because a) I had been chased almost a year ago for almost the exact same amount by Lowell, who finally admitted they were wrong and appologised for writing to me (I had written a very polite "prove it" letter), and b) I recently came across these forums which are a revelation.

 

I wrote a letter back basically saying, very nicely (I think) - prove it, and I don't want you sending anyone round to talk to me about it.

 

Today I received the attached letter (suitably redacted), to which I want to reply in this way:

 

Dear Clarity,

 

If you don't know who I am, then stop accusing me of owing you money.

 

Yours faithfully,

 

etc.

 

What do people think? I don't wish to fire flaming letters at them, because I feel that that sort of thing can later predudice things, if, for some reason it all turns sour.

 

I am not worrying particularly, but would like to ensure that my response is measured and reasonable.

 

Any advice?

Clarity1.jpg

Edited by KaptRoger
Grammar!
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Your image is a bit too small to read captn, can you do it again in PDF format.

 

You could, of course, write that you do not recognise them or the debt and until they send you something to show that there is an outstanding debt owed by you, you will enter into no further correspondence.

 

If they are still phishing for your name etc, then I wouldn't respond at all.

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check your cra file is still clean

and does not show any outstanding debts you

do not know about

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Thanks for the replies Guys.

 

Connif I have uploaded the JPG in a PDF (best I can do at the moment). Hope you can read it.

 

Basically they are saying that they want me to provide 10 years worth of addresses to prove who I am before they can give me any of the information I requested. My last letter contained:

 

 

"Therefore please can you provide evidence of any such debt that could amount to such a high amount that I have with you or your clients as I am certain that I do not owe anything."

 

Strikes me that they don't actually know who I am. Also as the amount is almost identical to the Lowells attempted claim last year I suspect that it is the same one. As Lowells appologised after I asked them to prove that I was the person they were after, I suspect that they sold it on, unless Lowells = Clarity = Hillsden (Clarity's "client").

 

 

Connif, I like the cut of your jib, it will make them either go away or force them to provide something....

 

I'll wait a day longer before replying, so that I can benefit further for your collective and individual wisdom.

 

Cheers!

Edited by KaptRoger
Security - removed attachment - will add it back in later.
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two word reply!

 

i find it astounding that debt collectors want evidence

from the person they are chasing

as to whom they are

so THEY can pester them!!

 

go away stupid DCA's

 

you should not be chasing anyone you are not 100% SURE is the correct person.

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Send them a letter anyway, without a stamp.

“The industry is rotten to the core, whether it is in-house recovery and collection, or where agents are used, or where the debt has been sold.” Andrew Mackinley MP, House of Commons, 22 April 2009

 

If a Cagger helps you, click their star. Better still, make a donation however small, so that CAG can continue to help others.

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Well I haven't got around to replying to them yet, but today I received this attached letter.

Its such a fantastic offer I'm almost tempted.

Well not really.

 

Also, does anybody think that because they have only ever referred to me by initial and surname, that they really can't tally up who they are after with me?

Clarity3.pdf

Edited by KaptRoger
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scan the required letters/agreements/sheets

as a picture file

remove all pers info inc barcodes etc using paint

but leave all figures and dates.

goto one of the many free online pdf converter websites

convert the image to pdf format.

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

or use word and save as pdf

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

NB:you can set where it goes in the post by hitting insert inline.

the hit reply button

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Basically they are saying that they want me to provide 10 years worth of addresses to prove who I am before they can give me any of the information I requested. My last letter contained:

 

Lol - These really are the jokes folks.:lol:

 

Please don't reply. To translate the bit I made bold into English = we haven't a clue who you are, but bought some debt under the name of smiff so we are going through the 15 million Smiffs in the country to see if any of them are daft enough to reply.

 

It's just like standing up in court and having to prove it was you that committed the murder.

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If you respond with even an offer of 10p, they will take that as confirmation the debt is yours, and then they’ll refuse your offer and get shirty.

 

You have been warned!

 

Ignore.

“The industry is rotten to the core, whether it is in-house recovery and collection, or where agents are used, or where the debt has been sold.” Andrew Mackinley MP, House of Commons, 22 April 2009

 

If a Cagger helps you, click their star. Better still, make a donation however small, so that CAG can continue to help others.

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If you respond with even an offer of 10p, they will take that as confirmation the debt is yours, and then they’ll refuse your offer and get shirty.

 

You have been warned!

 

Ignore.

 

Repeat - ignore them

At your Service

 

Please Double click the Star and leave a message if I have helped you

 

Please support CAG and they will support you.

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  • 4 weeks later...

Hi,

 

Small update. I have now been written to by Fieldcall which says that I must pay in full (!), or make a payment plan offer etc, etc, or they may come and visit.

 

Can anyone advise on some words? Also can anyone advise on what Fieldcall's actual abilities are?

 

They are still writing to Initial.Surname

 

Interesting.

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Please be aware that, as a 'doorstep collector' the Fieldcall agent will have very few powers in law.

 

You are not obliged to make an appointment and, should they call without prior agreement you are not obliged to let them into your house or even speak to them.

 

They should not infer that they have any powers, such as siezure of goods, attachment of earnings ect and you are under no obligation to discuss theaccount with them.

 

Equally they must leave immediately, when you ask them to:

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they have as much power as the milkman!

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Hi,

 

I'm writing the reply, and have noted that the "signature" on the Fieldcall letter, matches that of "Margaret Windsor" who wrote to me from Clarity. In fact her "signature" is on all the letters I have received from them. Odd?

 

Also, is it significant that they have never used name as First Name + Last Name, always Initial + Last Name.......?

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An update - received a letter from Clarity today dated a few days ago- not from Fieldcall, thanking me for my recent correspondence (which was sent to FieldCall) and asking me to ring them. Hmmm.....no. I've already said thank I will only deal with this matter in writing. Oh well will wait to see what they say next.

 

Is there a pattern to these types of letters? Can anyone predict what tactic will be used next?

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typically the one about we know you are there we have

looked at your credit file

 

or the discount letter.

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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