Help composing letter to solicitor, please?

[Hopeful1]

My god Rory! If that were the case, wouldn't that be a sucker punch. Do you think that any other of the DCAs may be operating without the correct licence for collecting money?

[PriorityOne]

Yes

 

... Fantastic! I would so love to be able to get them on this one. Moorcroft are one of mine as well.... Someone please, please come on here and tell us that they DON'T have a licence....

[deedee1310]

... Fantastic! I would so love to be able to get them on this one. Moorcroft are one of mine as well.... Someone please, please come on here and tell us that they DON'T have a licence....

 

Hello Hopeful1.

 

I just found your thread last night and have just finished reading it. What a palaver you have had. I have subscribed as I have similar problems with DCAs at the moment. I am trying to get various bits of rubbish removed from my credit file, so I have read your thread with immense interest.

 

If I cannot offer advice, I can most definitely offer my support.

 

I'm not quite as far ahead as you yet. I am counting down until default of my various CCA requests. Some will default this coming week the others the following week.

 

I will start my own thread and update with progress. In the meantime I wish you all the best. You have been magnificent so far. Yes, you're right what a difference a few weeks makes!

 

deedee

[Hopeful1]

Hey Deedee - thankyou for your post and WELCOME :grin: !!

 

Do start your thread and i'll follow it too. It's brilliant watching what the 'professionals' advise people like us who are not quite up to speed.

 

It is messy at the mo' with so many DCAs, but at least now i feel better prepared. I spend half my life on this site, so i've got to make it worth while and learn quick!!

[spiritgirl59]

Hi Hopeful1

 

deedee has directed me to this fantastic thread! WELL DONE so far.

 

You and I are in a similar position. I'm subscribing to your thread and hope that's OK.

 

Mine is "Spiritgirl -v- Various DCAs" (not sure how to do a link for you on here) some of the stuff on there may be of interest and some of the stuff about the DCAs will at least make you smile

 

I'll be following your updates with interest!

 

Best wishes

Spiritgirl

[Hopeful1]

Thanks for subscribing Spiritgirl . I feel as if i've had it quite easy so far compared to a lot of others on the site. I do think that things could get a bit rough with the likes of NCO and MBNA now. The difference is, i can sit back and respond rationally, rather than in a state of panic like before at the threat of court action. More importantly, anything i'm not sure of, i now have somewhere to turn to for advice.

 

Anyway, i'm going to "pop over your way" now to subscribe!

 

Best wishes ;-)

[deedee1310]

Awww - I'm so pleased to have introduced you both!

 

Now we can all compare notes on our DCA battles.

 

I love it!

 

deedee

[joneshousehold]

Right now this is an interesting development. Unfortunately I have been busy at work and have not had the opportunity to check this any further. I have already told Moorcroft that I will not communicate with them as they do not appear to be licenced. The have written again and ignored the comment. I will have to do some more research when I get the time! I thought the OFT published a list of who is registered but I am not so sure now. I will look as soon as I can unless someone else posts here before hand.

Is there perhaps a thread for Moorcroft already - you would have thought so. Has anyone else looked into this on the forum?

[NitrousOxide]

joneshousehold, you would have read probably on the OFT's website that they need to have a consumer credit license.

 

You are likely to need a licence if you want to:

• sell on credit
  
• hire or lease out goods for more than three months
  
• lend money
  
• issue credit cards or trading checks
  
• arrange credit for others
  
• offer hire purchase terms
  
• collect debts
  
• help people with debt problems
  
• advise on people's credit standing. credit license.

I can't find a public registrar of companies. You may wish to e-mail the OFT (as they issue the licenses) to check. E-mail address is mailto:[email protected]

The very licence Cabot (sorry I know it's OT) need to have to collect. Therefore contradictory to what they claim, they are classed as a creditor as far as I can see.

This means (now on topic) that those who have the "Correct" licence are in fact creditors. There is as far as I can remember only one type of consumer credit licence, it just states different business practices.

According to the OFT website:

The Consumer Credit Act 1974 requires most businesses that offer credit or lend money to consumers to be licensed by the OFT. This includes where credit is arranged to finance the purchase of goods or services. Licensing arrangements may also be required by debt collectors, debt advisors and businesses that offer goods for hire or leasing. Trading without a licensing arrangement is a criminal offence and can result in a fine and/or imprisonment.

[deedee1310]

OMG Nitrous!! Has anyone compiled a list of DCAs with/without licences yet? Maybe we should start one?!

 

Anyway I will ponder that (in my subconscious mind), whilst I sleep. I'm off to bed now. I'm such an anorak. Can you believe I've only been a member for 2 odd weeks.

 

No doubt your response will result in some interesting responses later. I'm so jealous. I'll be at work in my new job (I start today), so will have to listen and be interested when all I really want to do is check my subscriptions.

 

Good night for now.

 

deedee

[Hopeful1]

Well i have only just read the last few posts as i've been away. I am a bit slow at understanding all this legal jargon, but i am going to have a go at doing some digging. I am happy to start a Moorcroft thread. I'll probably do it in the morning as i'll have a little more time. At least we can try to gauge the experiences/reactions of others.

 

An update on my current situation:

 

BCW continuing to leave messages, despite being close to going into criminal default.

 

NCO have responded to my refusal to reveal who i am on the 'phone with a card from Mr Brown. I am now going to look for the "sorry i won't be inviting you in for a cuppa so back off" letters!

 

OH's MBNA have begun sending 'sympathetic of situation' e-mails, 'please ring so we can help'. They are in default with CCA and only have a few days to respond to S.A.R. Am going to send complaint e-mail to a named person. All this messing is ridiculous.

 

Hey ho. Time to do some work, which is very inconvenient when i have so many letters to write!!

[Hopeful1]

Here's the link for the special Moorcroft thread:

 

http://www.consumeractiongroup.co.uk/forum/debt-collectors-debt-collection/101953-who-what-moorcroft.html

[Hopeful1]

Quick question: i am currently sending out letters for OH for reclaiming charges. However, he would be unwilling to go to court/fill in bundles etc if it came to that. Would i be able to act on his behalf? At present all letters i send are typed with his name to them. (Obviously he's aware i'm sending them!)

[spiritgirl59]

Hiya Hopeful1

 

I typed up all the stuff for my husband to claim back his charges.

 

We had various accounts, some in his name only and some in joint.

 

Obviously with a joint account either of you can take action (and don't be fobbed off if the Solicitors write to you telling you that it is a JOINT account and therefore both of you have to take action as that is b****ks. - EITHER of you can commence proceedings as you are both jointly liable for a joint account. There is something on my bank threads about this, I will find it for you and put it on here.

 

As for your husband's own accounts, my husband too was not keen on going to court either but in the AQ there is a section where you can state if you intend to bring any witnesses to the hearing and I put myself down in there. I asked the Clerk to Court when I went to file the documents and she said that way I could be his representative.

 

We never got to Court (they paid up in full prior to fixing a hearing date:D ) but if your husband has to go to Court, you can go as his "witness" and do the talking. I'm not sure about you going in his place if the account is in his name only (unless anyone on here knows for sure you would be best contacting your local county court to ask them) but I was told I could go along with my husband as I say, so he may feel better just knowing this.

 

Hope this helps.

Love Spiritgirl x

[rory32]

If your husband does not want to go to court have you considered the FOS? This avoids the court route but should result in the same outcome.

[payingonlyencouragesthem]

If your husband does not want to go to court have you considered the FOS? This avoids the court route but should result in the same outcome.

 

Rory I was just about to PM you re the FOS - how does one actually go about making a complaint? I have discovered PPI was added to an account when I never asked for it - should help reduce the debt a fair bit I hope.

[rory32]

The FOS complaints procedure is here our complaints procedure and how to complain

 

Please note you need to go through the banks complaint procedure first (most people will have anyway before going to court).

[spiritgirl59]

Obviously with a joint account either of you can take action (and don't be fobbed off if the Solicitors write to you telling you that it is a JOINT account and therefore both of you have to take action as that is b****ks. - EITHER of you can commence proceedings as you are both jointly liable for a joint account. There is something on my bank threads about this, I will find it for you and put it on here.

 

 

Hi again Hopeful1

 

Great idea from Rory about the FOS if your husband really wants to avoid going into a court.

 

Here is the information regarding claiming charges on joint accounts which I found for you in case you need it. I can't recall which member helped me with this now but thanks again to whoever did

 

Love Spiritgirl x

 

As regards the part of my claim relating to the joint account of myself and my wife, may I respectfully refer you to Civil Procedure Rule 19.6:Representative parties with same interest 19.6 (1) Where more than one person has the same interest in a claim (a) The claim may be begun; or (b) The court may order that the claim be continued,By or against one or more of the persons who have the same interest as Representatives of any other persons who have that interest.

[vinegarvera]

Thanks Hopeful just subbing

[Hopeful1]

Thank you all for your responses. FOS are looking into our joint acc. but obviously it's a popular route and quite slow. His charges aren't too high, so hopefully they'll settle without too much hassle. I shall plug away and see how far i get.

 

MBNA have defaulted on both the CCA and S.A.R request (hubby's account).

 

BCW are STILL leaving messages despite being about a week away from criminal default tut tut . My call log is growing very nicely. They've not acknowledged my request for complaints procedure either nor have MBNA.

 

No response from Moorcroft re Littlewoods acc. since CCA request.

 

Mmmm who shall i attack 1st during this quiet lull? Decisions decisions

[Hopeful1]

Well, decision made - I've just picked up 'phone messages and BCW have left another. It's not very clear, but i think the caller is telling me my account is going to be passed to court if i don't ring by a certain time.

 

This has annoyed me . They don't know who will hear my messages. This would send my husband into a state of panic and cause all sorts of additional problems for me.

 

Anyway, their 30 days is up towards the end of the week. I have got a copy of CCA non-compliance letter. They have not acknowledged the request in any shape or form. I'm going to add a bit re telephone harrassment and that they've ignored my request for their complaints procedure as well.

 

Please, if anyone has any useful info., links to legal quotations etc that i can include in my letter, please let me know. I want to make sure my letter is right. I really am naffed off with them. Could anyone also advise me on which official body to make a complaint to 1st.

[deedee1310]

Hi Hopeful.

 

I have been keeping an eye on your thread. I hope I can help with a telephone harassment letter. Please feel free to add or subtract from it. It is based on the template letter but I have added to it as is necessary. I also give thanks to the various members whose own letters have influenced the composition below.

Dear Sirs

I am writing in relation to the quantity and frequency of telephone calls 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 authorised 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 Collectors 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.

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

Yours faithfully,

 

I hope this helps.

 

 

 

deedee

 

[rory32]

Just some extra info Hopeful1:

 

It is a criminal offence to leave grossly offensive messages over telephone or make indecent or obscene or menacing telephone calls or calls which cause annoyance, inconvenience or needless anxiety - Telecommunications Act 1984 . The criminal courts may in certain circumstances treat such harassment as grievous bodily harm if psychological damage results.

 

the Protection from Harassment Act 1997 makes it a criminal offence to pursue a course of conduct, which amounts to harassment of a person. This Act also creates a civil statutory tort of harassment, which enables a person to obtain a civil court injunction to stop harassment occurring and to claim damages where appropriate. This is a very important piece of legislation which can potentially provide protection in neighbourhood disputes, cases of racial harassment, bullying at work, confrontation with the media or stalking, as well as hate mail and persistent unwanted telephone calls.

 

Harassment is not defined in the Protection from Harassment Act and so it will be a matter for assessment based on each case. It has been established that publication of a series of newspaper articles by a newspaper can constitute a course of conduct amounting to harassment. However, there must be a course of conduct in order to bring a claim. This means that there must be at least two incidents representing harassment - i.e. more than one telephone call - and the person who is carrying out the harassment must know or ought to know that it would amount to harassment.

 

Hate mail is usually anonymous, but if it can be traced the sender can also be prosecuted under the Malicious Communications Act 1988 . This makes it an offence to send a letter or other article which conveys an indecent or grossly offensive message or a threat, or which contains information known to be false and the purpose of the letter is to cause distress or anxiety. The category of communications under this Act has now been expanded - by virtue of the Criminal Justice and Police Act 2001 - to include electronic communications or articles of any description. This new definition will cover hate telephone calls, emails or text messages

[joneshousehold]

That's useful information Rory. I assume from the different font you have cut and paste it - where is it from?

[babybear39]

Hi Hopeful1

 

It's friday for us I believe

 

BCW are still trying to collect payments from cancelled D/Ds

 

So, nawty me had a bit of fun with them when my bank informed me

 

BB...counting down the hours until post arrives Friday...