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Ony vs County Wide Collections (Thames Water)


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Excuse me if I have posted this in the wrong forum but it is in principle a debt issue albeit that the original creditor is Thames Water.

 

I have a £200.12 outstanding bill. This was passed to County Wide Collections who I called on two seperate occassions and told them I am on benefits and will be able to pay in 2-3 weeks. I was told they would make a not but couldnt hold action, they then continue to send letters out now I have a failure to respond in 7 days will result in instructing their solicitors to raise a notice of payment.

 

I intend to pay them just want them to shut up and get off my back. Normally a DCA letter would put them on the back foot but I am assuming this wouldnt apply as agreement of sorts was never entered into.

 

I would then ask for a Deed of Assignment. I have drafted a letter using the CCA template it reads:

 

Dear Sir,

 

I DO NOT ACKNOWLEDGE ANY DEBT TO YOUR COMPANY

 

I have as recently as last week called your offices on two separate occasions and discussed the status of this alleged account. However, as of today it has come to my notice that your continued threats of litigation are unlawful without the proper documentation.

 

Therefore as you are a Debt Collection Agency, I would also ask that you supply a signed true copy of the executed deed of assignment for the above referenced account. This is an obligation, whether you are the original creditor or not, under section 189 of the Consumer Credit Act 1974.

 

Non-compliance with my request is a criminal offence under the above Act and will result in a report being submitted to the relevant statutory authorities.

 

In summary, I DO NOT ACKNOWLEDGE THIS DEBT AND THEREFORE REQUIRE YOU TO SUBSTANTIATE THIS BY PROVIDING THE FOLLOWING DOCUMENTATION BEFORE I CORRESPOND FURTHER :

 

1. Statement of account

2. Copy of the executed deed of assignment from Thames Water to County Wide Collections

3. Fair processing notice.

 

Take note at this stage, that any legal action you may contemplate will be both vigorously defended and contested.

 

Further to the above, please ensure that any contact by yourselves is made in writing only to the above address. Telephone calls and personal visits will not be accepted and viewed as harassment.

 

If it remains 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. You would also be conspiring in a trespass if you sent someone to visit me nevertheless. Should it be necessary, I will obtain an injunction.

 

 

I look forward to hearing from you within the statutory time limit.

 

Yours Sincerely,

 

Would this suffice?

  • Barclaycard (2 Accounts) CCA sent to both on 20.5.07 (defaulted)
  • MBNA CCA defaulted 14.6.07 (Claim £2600)
  • Capital one: Reject offer LBA 18.6.07
  • HSBC/Metropolitan/DG Solicitors: Credit agreement not found by DG Solicitors. Sent new CCA to Metropolitan 18.6.07 with original timeline 18th May 2007.

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  • 1 month later...

Hi, I know you posted this thread a while ago, but I just wanted to congratulate you on such a well worded letter (I am going to use it as a template for my own similar situation-if you do not mind?).

Anyway pm me if you get chance & let me know how you got on.

Bye for now,

Mel.

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  • 2 years later...

Would you have country wide collections email address by any chance? I am having problems with them too. And what is more Thames Water will not phone you back but will keep you holding for as long as it suits them! They will phone you when they want to hassle you though!

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Hi all,

 

Sorry not to have responded for such a length of time but I will have to check my records as memory doesn't serve. I know the matter was resolved but some time has passed.

 

n direct response to your email request unfortunately I don't have that information to hand. I don't believe I ever contacted them directly. Only by mail...

  • Barclaycard (2 Accounts) CCA sent to both on 20.5.07 (defaulted)
  • MBNA CCA defaulted 14.6.07 (Claim £2600)
  • Capital one: Reject offer LBA 18.6.07
  • HSBC/Metropolitan/DG Solicitors: Credit agreement not found by DG Solicitors. Sent new CCA to Metropolitan 18.6.07 with original timeline 18th May 2007.

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