welcome finance lol

[Laiste]

Hi,

 

I am really sorry to hear about your sister's experience, I imagine this is causing her endless stress and grief. Particularly as she is trying to provide for the family without any support from her ex.

 

Tell your sister not to put up with this bullying, intimidation and harassment a moment longer. What this ar**h**e is doing is unlawful and illegal. You must send a letter to the Head Office immediately by guaranteed next day delivery, so they can't deny receiving it, telling them that they must cease and desist from this behaviour, otherwise the matter will be reported to the police and Trading Standards and all other relevant regulatory bodies.

 

State in the letter that this guy's actions are a breach of S1 of the Protection From Harassment Act 1997. This behaviour also contravenes S40 of The Administration of Justice Act 1970 regarding the collection of debts. Also advise your sister to state that she is withdrawing permission for any of the Company's representatives to enter onto her land. So that means, he cannot walk into the garden to knock on the door and has absolutely no legal right to enter into the property.This would constitute trespass and tell them so!

 

Under no circumstances should your sister leave the back door open just in case he turns up again. Your sister must always have a phone with her. If he turns up your sister must tell him he is trespassing and his actions constitute harassment, which she can have him prosecuted for. She must then tell him to leave immediately otherwise she will call the police. If he refuses, don't give it a second thought RING THE POLICE IMMEDIATELY! If you do have to do this, simply say there is a man outside acting in a threatening and abusive manner. The reason he is there you can explain later, just in case they are a bit reluctant to visit.

 

Your sister must be proactive in this matter, he will keep turning up as long as he thinks his threats will force your sister to pay. Your sister should also do a CCA request to establish if there is a credit agreement, if there isn't there's no debt. A DPA request would also be advisable to get statements for the lifetime of the a/c and all notes on the a/c generally.

 

We have all had dealings with companies that flout the law and use disgraceful (and illegal) tactics to get money. The key to stopping the harassment, is to read around the forum to gain an understanding of the law in this area. These companies thrive when they can convince people that what they are doing is perfectly legal. They use threats as leverage to get you to pay, if you resist they threaten Court. All these things are designed to frighten, so what do many people do? They pay up! Without questioning anything! Lets face it if you're scared, the last thing on your mind is posing questions. You probably don't know what Q's to ask either, which is perfectly understandable. knowledge of what is lawful and what isn't will help your sister to overcome the paralysing fear which encourages many people to simply pay up when they can't afford it and even where its unlawful for the company to be collecting the debt.

 

Remember question everything, believe absolutely nothing that this company says. They are no more familiar with the truth than I am with quantam physics! Above all fight back and oh, fight back!

 

I hope this is helpful and keep us updated on your sister's progress.

 

Laiste.

[Laiste]

Hi again,

 

There is no reason whatsoever for your sister to be embarassed! Most people have debts and an awful lot get into difficulty because things happen in life that are beyond one's control! This moron is getting away with this because he knows your sister is frightened and embarassed. Its almost like a little secret and he exerts control with the threat of repossession etc. Like I said earlier believe nothing that this guy or his company states until they back up their assertions with proof. I personally doubt that this debt has been secured on your sister's property, but she needs to do the CCA and DPA requests to find out what's going on for sure. You would not ordinarily get a loan for a car and have that loan secured on your property. I don't know your sister's circumstances and I will say that the secured loans market is not an area I've had dealings with. I do know however that this sort of behaviour is illegal and requires immediate action on your sister's part. The only way to sort this out is to start sending the letters necessary to get the information to make a case against them.

 

To be honest panicking is a waste of time and your sister's energy and she needs to concentrate her efforts on taking control of the situation. Take decisive action and DAVE will soon stop what he's doing. Your sister's objective however, should be to establish if there is indeed a debt. This may sound like a contradiction in terms, but if there are penalty charges on the a/c and a claim for harassment could wipe out any debt. Better still if they can't produce the credit agreement, there is no debt for your sister to pay!:grin:

 

You both need to take a deep breath, don't panic and face the situation with determination. You can sort this out, there are many people on here that have sorted out debt problems with companies and there will be many that will offer you help and assistance. You are not alone and there is a wealth of advice on here.

 

Laiste.