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    • Thank you Andy/Dx   UPDATED Defence, 3 days remaining.   Not sure where to mention invalid PAP. I put it under number 5. Please check if this is good to go.   Defence   The Defendant contends that the particulars of claims are vague and generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any allegation to which a specific response has not been made.   The Claimant has not complied with paragraph 3 of the PAPDC (Pre Action Protocol) – failed to serve a letter of claim pre-claim pursuant to PAPDC changes of the 1st October 2017. It is respectfully requested that the court take this into consideration pursuant to 7.1 PAPDC.   1. I have in the past had financial dealings with Lloyds Banking Group. I do not recall the precise details of the agreement and have sought clarity from the claimant.   2. However, I do not recall ever receiving a Default Notice pursuant to sec 87(1) CCA1974.   3. I do not recall ever receiving this notice pursuant to sec136 of the Law of Property Act 1925.   4. I do not recall ever receiving a letter of assignment from the Lloyds Banking group advising the debt was assigned to the claimant.   5. Claimant served the invalid PAP with no connection to their court claim,   6. On receipt of this claim I sent CPR 31.14 and section 77 request. The claimant failed to provide a valid copy of the agreement and therefore remains in default of said request.   7. It is therefore not accepted with regards to the Defendant owing any monies to the Claimant and the Claimant is put to strict proof to:-   a) show how the Defendant has entered into an agreement; and b) show how the Defendant has reached the amount claimed for; and c) Show or evidence service of a Default Notice/Notice of Sums in Arrears, d) show how the Claimant has the legal right, either under statute or equity to issue a claim;   By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.      
    • no.   i wonder if the OP is entitled to CTAX benefit, thats only available from the relevant council...most on UC can get it..   but your MP is by far the most successful route to sorting these issues we've seen here to work.
    • dx100uk  unclebulgaria67   OP is on UC.   Could the council apply for weekly amounts to be deducted from UC claim ?
    • I suggest you start reading around this forum about the steps involved in taking a small claim in the County Court. It's very straightforward but you should understand the steps before embarking on it so that you are confident. We will help you all the way. Once you have done this basic reading then come back here and we can begin the process if you are happy to go ahead. On the basis of what you say, I expect that your chances are better than 90%. I also expect that West Cheshire Facilities Management will want to put their hands up before it goes to court and get a judgement against them. We would want to see your letter of claim before it sent off but I suggest that it is made clear that Social Security's have already been informed and that when you get a judgement against West Cheshire Facilities Management, you will make sure that social services and the health service generally are all circulated with copies of the judgement. If West Cheshire Facilities Management really want to take that risk with all of the reputational and business risk that accompanies it, then they are being extremely shortsighted.
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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

Telephone harassment - an action plan


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No not a collector, but to make matters worse, when I informed the 3 officers that he had drugs & a gun in his safe, they said I should report it. I replied I am to you 3 now, they all looked at each other as if to say crap! this seems like a lot of paperwork. I refused to sign their form or to give my details & they left.

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No not a collector, but to make matters worse, when I informed the 3 officers that he had drugs & a gun in his safe, they said I should report it. I replied I am to you 3 now, they all looked at each other as if to say crap! this seems like a lot of paperwork. I refused to sign their form or to give my details & they left.

 

you other half should send an e mail to the serious fraud office or to the ch supt of her local police area outlining the complaint and asking for an appointment to discuss the compliant

 

take along a friend to take notes of what is discussed at the meeting

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  • 1 month later...

ok roller coaster so far , mcs apealled , had order to amend poc this i done even though i received the order 4days before it was due , managed to send of two days before due day via guaranteed delivery , had a letter saying it was struck out because i failed to get the amended poc in on time , tosh , sent letter asking for a re refferal after tel them and complaining big time , i am trying to believe it was because they have a large backlog and not some sinister reason my mind says on odd ocassions .

done re refferal together with copies of postage etc and copies of their envelopes clearly dated , fingers crossed

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  • 7 months later...

Is Truecall still available from CAG?

Can't seem to find a link.

 

I seem to have got on some bleddy overseas dodgy call centre list with weird numbers like 091483 constantly ringing..and I don't want to waste my precious 10 bank/dca/mother in law numbers on my phone service provider call blocking service. :lol:

PLEASE NOTE... I AM MOST SORRY BUT I HAVE VERY LIMITED AVAILABILITY AT THE MOMENT DUE TO EXTREME PRESSURE OF WORK - IF YOU REQUIRE URGENT HELP ON YOUR THREAD AND ARE GETTING NO RESPONSE PLEASE HIT THE TRIANGLE FOR SITE TEAM ASSISTANCE. ELSA XXX

 

Please check out my BLOG for the quick guide to debt threats - it has all the info & letter template links you need to get started on your journey of TAKING CONTROL. :roll:

 

All opinions are my own based on research. I am not legally qualified, if in doubt please consult a legal expert.

Hope this has helped or made you smile. Keep your chin up, you're among friends now! Elsa xxx

Please click the *star* of any CAG member who has helped you .

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Hi elsa ,

i do believe it is . I have also seen it on on the old system but cannot on the new one .

I just changed my number and did ex directory and carefull where i dished out the new number .

Sorry i cant help any more 8-)

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Thanks DD, just got one off Amazon, can't wait for it to arrive!

Once its up & running I can then cancel my call blocking which is only 10 numbers for £5 per month, so it will pay for itself eventually. (£99 inc memory card).

 

Elsa x

PLEASE NOTE... I AM MOST SORRY BUT I HAVE VERY LIMITED AVAILABILITY AT THE MOMENT DUE TO EXTREME PRESSURE OF WORK - IF YOU REQUIRE URGENT HELP ON YOUR THREAD AND ARE GETTING NO RESPONSE PLEASE HIT THE TRIANGLE FOR SITE TEAM ASSISTANCE. ELSA XXX

 

Please check out my BLOG for the quick guide to debt threats - it has all the info & letter template links you need to get started on your journey of TAKING CONTROL. :roll:

 

All opinions are my own based on research. I am not legally qualified, if in doubt please consult a legal expert.

Hope this has helped or made you smile. Keep your chin up, you're among friends now! Elsa xxx

Please click the *star* of any CAG member who has helped you .

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Is Truecall still available from CAG?

Can't seem to find a link.

 

I seem to have got on some bleddy overseas dodgy call centre list with weird numbers like 091483 constantly ringing..and I don't want to waste my precious 10 bank/dca/mother in law numbers on my phone service provider call blocking service. :lol:

 

Yes, Amazon are offering a better deal at the moment.

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3: Feel Bullied by Creditors or Debt Collectors? Read Here

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Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

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OK got it (finally because of the weather) and the blocking functions are ace, but the sound quality on calls has taken a dive, with a whooshing noise and poor vocal quality making it's hard to hear what anyone is saying. I've moved the unit to at least 8ft from my wireless phone base unit with little effect.

Anyone else had/overcome this?

 

Elsa x

PLEASE NOTE... I AM MOST SORRY BUT I HAVE VERY LIMITED AVAILABILITY AT THE MOMENT DUE TO EXTREME PRESSURE OF WORK - IF YOU REQUIRE URGENT HELP ON YOUR THREAD AND ARE GETTING NO RESPONSE PLEASE HIT THE TRIANGLE FOR SITE TEAM ASSISTANCE. ELSA XXX

 

Please check out my BLOG for the quick guide to debt threats - it has all the info & letter template links you need to get started on your journey of TAKING CONTROL. :roll:

 

All opinions are my own based on research. I am not legally qualified, if in doubt please consult a legal expert.

Hope this has helped or made you smile. Keep your chin up, you're among friends now! Elsa xxx

Please click the *star* of any CAG member who has helped you .

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Thanks DD..just going to experiment a bit more..wondering if it might be the weather conditions rather than the unit.

 

Hope you're feeling better?

 

Elsa x

PLEASE NOTE... I AM MOST SORRY BUT I HAVE VERY LIMITED AVAILABILITY AT THE MOMENT DUE TO EXTREME PRESSURE OF WORK - IF YOU REQUIRE URGENT HELP ON YOUR THREAD AND ARE GETTING NO RESPONSE PLEASE HIT THE TRIANGLE FOR SITE TEAM ASSISTANCE. ELSA XXX

 

Please check out my BLOG for the quick guide to debt threats - it has all the info & letter template links you need to get started on your journey of TAKING CONTROL. :roll:

 

All opinions are my own based on research. I am not legally qualified, if in doubt please consult a legal expert.

Hope this has helped or made you smile. Keep your chin up, you're among friends now! Elsa xxx

Please click the *star* of any CAG member who has helped you .

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  • 2 months later...

This is a new thread regarding telephone harrassment.

 

My mother had a small sub £20 debt with a credit card, which she has not paid and has probably morphed into apprx £80 on the back of fees imposed for late / non payment.

The debt has been passed on.

 

The background is that my mother is in a state of serious poor health, she was hospitalized with dementia for 6 months and has recently been released back to my father at their mat home. She remains seriously unwell and unable to cope with life.

 

To add to their difficulties, my parents are getting regular calls from a debt agency making demands for the money. They are finding this difficult to cope with and it is increasing their stress.

Other than paying the demand, are there any practical solutions on how this may be best dealt with?

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You have my sympathies - I have been in the same situation myself with elderly parents so I spoke to telecoms provider and took "anonymous call rejection" and choose to refuse service for 3 months which takes the pressure off and allows you to deal with the problem

 

May I suggest that you then write to the credit card company and ascertain the split between the debt and the charges and also explain circumstances. You can deal with the charges separately and threaten them with FOS complaint. Keep a record of everything

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Hi Mark,

Just shows what callous pirhanas these DCA's can be.

I think you need to deal with this from the ground up for your Mum. Could you get her to sign a letter designating you as her representative to deal with this debt?

After that, step 1 - write to the DCA enclosing a copy of the authorisation. If they are already aware of her illness etc, make a formal complaint at their treatment and harrasment of a vulnerable person and insist that all further communications are in writing only. If they are not aware, inform them.

Also inform them that the debt is in dispute until and unless you establish proof of liability and accuracy of the amount claimed. Tell them you are sending a subject access request and Consumer Credit Agreement Request to the original company and that they should put the account on hold pending your enquiries.

step 2...send a Subject Access Request to the original C Card company to get all the data they hold on your Mum. Unfair charges can be claimed back.

A fee of £10 is required and they have 40 days from receipt to reply.

step 3..send a request for the Consumer Credit Agreement to them too, enclosing a PO for £1. They have to supply this 12 working days from receipt. If they cannot supply it the account can be put in dispute and is unenforceable until they do.

Much more info on all this in my blog, linked below, plus any template letters you will need. You could include the telephone harrassment letter in with your complaint to the DCA.

As I'm sure you know by now, don't speak to them on the phone.

 

kind regards,

Elsa x

PLEASE NOTE... I AM MOST SORRY BUT I HAVE VERY LIMITED AVAILABILITY AT THE MOMENT DUE TO EXTREME PRESSURE OF WORK - IF YOU REQUIRE URGENT HELP ON YOUR THREAD AND ARE GETTING NO RESPONSE PLEASE HIT THE TRIANGLE FOR SITE TEAM ASSISTANCE. ELSA XXX

 

Please check out my BLOG for the quick guide to debt threats - it has all the info & letter template links you need to get started on your journey of TAKING CONTROL. :roll:

 

All opinions are my own based on research. I am not legally qualified, if in doubt please consult a legal expert.

Hope this has helped or made you smile. Keep your chin up, you're among friends now! Elsa xxx

Please click the *star* of any CAG member who has helped you .

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  • 6 months later...

re tel harass.

some poss options:

when writing tell them (ftao the compliance/complaints department) that any communication will be in writing only and to stop any tel calls.

write to the data controller and request that any tel no's are removed.

note the Harrison case, and cite if required.

imo

IMO

:-):rant:

 

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I had a few calls from my bank credit card office and after speaking to someone there (by taking one of the calls) the calling went on for another two days but has now stopped...

 

I did not cave into their demands for an instant payment by card and managed to negotiate time to pay when my salary is due in, which they accepted; I will set up a direct debit

 

too...

 

I am quite experienced now at negotiating with creditors, with only £600 left to pay, but in the past three years I have paid off about £10k of debt and when I was at the start of

 

it all I did find it all very frightening... When I fell behind with payment after redundancy from my previous job, one of the companies got a bit threatening, and eventually I contacted

 

the National Debt Helpline, who helped me negotiating with the company in question towards minimum monthly repayments (nominal ones, of £10) until I got back on my feet, financially.

 

So my "advice" is that before rushing into accepting anything from a creditor, one should ignore the harassment and seek advice to negotiate with the creditor; some of these companies

 

are registered banks etc. but will use scare tactics to force people into even further debt... It is quite shocking how easily one can sign that dotted line at the bottom of the Loan Agreement

 

without thinking of the consequences of failed repayments, and of the psychological effects of creditors bullying you... It can lead some people to extreme actions... I shall never again take

 

out a loan or buy anything unless I can afford it... After I finish repaying my credit card accounts I shall cancel them and that will be that!

 

:-)

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Just a Post Scriptum!

 

When I finished paying off my £10k (or so) of debt, I asked both DebtCollection Agencies, and the "mother" companies on behalf of whom they collected, to send me a letter to confirm that

 

I had completed all repayments and the debt was cancelled. Two months have gone by and this has yet to happen... They were only all too keen to get the printer warm when I owed them

 

money; now they do not even have the courtesy to do this... Funny world.

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  • 7 months later...

If anyone rings then here are a couple of options;

a) say she's on the toilet, can you wait, I'll just get her" (unfortunately "she's" having a bad tummy day and is on loo for 3 hours)

b) Annoy the dog and make it bark, then put the dog on the phone.

c) Watch Benidorm especially Noreen and then do an impression of her i.e. "Do you play scrabble" and other unsuitable comments which will not answer any oftheir questions and drive 'em mad.

d) Blow a whistle or one of your children's noisiest toys down the phone and keep repeating sory we seem to have some disturbance on the line I can't hear you.

 

I once got a sex pest on phone at work and I after he'd told me what he wanted to do I asked him if he was a private client or if he was on the NHS, and if he was on NH he'd have to get in the queue. He rang off!!!!!!!

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  • 1 month later...

Here is my story. One business is pursuing me for debt which I do not oww. Well, there is some disputed invoice for a company which I am director of, but I surely do not owe any money pursuant to Salomon vs Salomon. Anyway long story short a few phone call I have received went like this:

 

they: "yadayada yada you need to pay about 800£ to this company or else"

me: "What is your name and which company do you represent?"

they: "we are bailiffs and if you do not pay we will come to your home and take some goods to sell on auction"

me: "could you please confirm that you are a bailiff and what is your name?"

they: "yes we are a company of bailiffs"

me: "stop calling me on this phone number all communications must be in writing"

they: "we will call you all day long every hour on the hour until you pay up"

...

 

unfortunately, my truecall for some reason failed to record this. However, I right away sent an email with a complain to the company who hired those cowboys quoting that conversation and demanding to stop criminal activity.

that guys also came to my home twice the same day after I on a number of accasions told them that all communications must be only in writing.

 

Now they are still coming after me personally for company's disputed invoices and I just have filed a defence online denying existence of any contract between me and those thugs .

 

 

 

Is there anything I can do to bring this up in the court, given that I have no voice recording?

--------------------------------------------------

Yorkshire Bank ~1200£ of charges reclaimed many moons ago, settled out of court

HSBC ~350£ of charges reclaimed many moons ago, settled out of court

HSBC ~4000£ flexiloan CCA request sent May 2009, 'sorry, we do not have your CCA' letter received June 2009, AccountInDispute letter sent.

HSBC ~9000£ CC CCA request sent May 2009, no response, AccountInDispute letter sent.

HSBC - preliminary letter for about 300£ of unfair charges plus interest sent May 2009, LBA sent June 2009, N1 POC and Schedule of charges submitted July 2009

Egg - CCA, SAR, "no more calls" letter, DMP offer sent July 2009. Got a DN from Egg - wont say a word on this one until court papers are received.

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Readalot, are they bailiffs or Debt collectors?? I would pressume they are the second... What I'd do if I were you is the following:

 

1) If the knock on the door, just shut it in their noses... they cannot do anything about it and if they decide to create any trouble, just call the police.

 

2) Send them a recorded signed letter asking the for calls to stop. Just search under "Harassment-by-telephone-response-letter" in the search box.

 

Doing the above will stop them in their tracks most of the time... :)

 

Nick

 

PS: you mind sharing the name of the culprits :-)?

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>you mind sharing the name of the culprits

 

they refused to introduce themselves.

--------------------------------------------------

Yorkshire Bank ~1200£ of charges reclaimed many moons ago, settled out of court

HSBC ~350£ of charges reclaimed many moons ago, settled out of court

HSBC ~4000£ flexiloan CCA request sent May 2009, 'sorry, we do not have your CCA' letter received June 2009, AccountInDispute letter sent.

HSBC ~9000£ CC CCA request sent May 2009, no response, AccountInDispute letter sent.

HSBC - preliminary letter for about 300£ of unfair charges plus interest sent May 2009, LBA sent June 2009, N1 POC and Schedule of charges submitted July 2009

Egg - CCA, SAR, "no more calls" letter, DMP offer sent July 2009. Got a DN from Egg - wont say a word on this one until court papers are received.

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>you mind sharing the name of the culprits

 

they refused to introduce themselves.

 

sounds as if it is a dca trying it on.

IMO

:-):rant:

 

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Has anyone here taken action against a Debt Collecting firm? Anyone taken civil action?

More importantly has anyone succeeded in getting criminal action taken?

 

I am annoyed. I firstly received a letter from a firm. I most clearly do not owe the money. I wrote to them telling them this with a short explanation of why they were wrong and I told them not to telephone me. I am now getting telephone calls!

They are supposedly a firm of solicitors :-)

They have received my letter because of course I sent it recorded delivery.

 

 

My real concern about this matter is that this industry are doing a lot of harm . I am well educated, literate, eloquent and mentally stable A lot of people with debt problems aren't. I am sure they will have caused suicides by their threats. This lot of " honourable men" clearly don't seem to care whether I owe the money or not. There is ample evidence available to them that I do not, and it has been explained.

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