ScarletPimpernel
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Everything posted by ScarletPimpernel
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LLoyds Bank Account, CCJ and Reclaiming Charges/Fees
ScarletPimpernel replied to L1882's topic in Lloyds Bank
I'm not so sure. In July this year I requested my £2 report from Experian, providing my up to date address. Within 3 weeks, I was contacted by 2 different DCAs pursuing SB debts, having had no contact from either for 5 years. I am not inclined to think that this was a complete coincidence. -
Statute Barred debt and now a court summons Lowell.
ScarletPimpernel replied to birchave0's topic in Financial Legal Issues
I'd say that this is clearly statute-barred, the important date being the cause of action - which is not necessarily the same as the date of the default notice. I've had recent experience with Lowell trying to claim that it's the default notice date. In my case they persisted until I made a formal complaint that they were breaching CONC rules by pursuing a debt they knew to be statute-barred. -
The police officer should have explained that there is a choice: accept the fixed penalty, or go to court, where the allegation can be defended. If the FPN was accepted, that is usually the end of the matter.
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Robinson Way collecting for LOwells?
ScarletPimpernel replied to marshmallows's topic in Debt Collection Agencies
Everything is possible in the grubby, incestuous world of the debt industry. -
Moorcroft's doorsteppers are self-employed, and as Oleg mentions above, will often work for other companies too. They are paid on a commission only basis, and have to pay their own travel and phone expenses. From what we hear about them, it seems that training is minimal. Whilst I have no sympathy for them, they are probably just as exploited as the debtors. Most appear to be part time - it's difficult to see how anyone could make a living from this unsavoury activity. They are easily got rid of, though.
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The 'helping' drivel is designed to assist them to stay on the right side of CONC.
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If you are sure it's statute barred, send something like this:
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Merged with original thread, otherwise no-one knows what you are talking about.
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I think we'll see more of this sort of thing in the industry generally. I think this is a response to the FCAs rules, and the fact that the FCA is not the toothless tiger the OFT was.It may well be that the practice of using lots of different trading styles (and letterheads) to mislead debtors into thinking that debts were being escalated and passed to other, more aggressive, companies has run its course. However, until they remove the incentive of commission from their staff, DCAs will continue to struggle with 100% compliance, in my view.
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In the matter of how their letter was addressed, if it was addressed to you by name at a university 'business' address, then there's not much you can do - lots of places have a policy of opening mail unless marked as private. Don't worry about databases. We aren't aware of a single employer (or anyone else) who uses the Cireco database, which may well just be an Excel spreadsheet. Paying RLP makes RLP a profit to which they are not entitled; nothing else.
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You should just ignore RLP, who will try to bully you into paying money you do not owe. They have no legal powers, no authority, and all they can do is send willy-waving letters. They stop in the end, but since all they have to lose is the cost of a stamp it takes a while.
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This very poor advice indeed. Apart from it being morally reprehensible, NHS resources are needed for those with genuine mental health issues, and absence for stress is unlikely to endear the individual to any potential new employer.
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Please start a new thread for your case.
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Fun and games with former business associates
ScarletPimpernel replied to malleum's topic in General Legal Issues
I wouldn't bother with debt collectors - they will charge you a fee for sending out some template letters that are unlikely to be effective. I would send them a letter, entitled 'Letter Before Action', and giving them 14 days to pay the outsanding invoice, failing which you will bring a claim against them in the County Court. You can do all this yourself, or instruct your solicitor to do it. Unless you intend to keep the laptop as part payment of the invoice, I'd return it without prejudice and to demonstrate good faith (or tell them they can arrange to collect it), which will be helpful should the matter go to court - you need to demonstrate how reasonable you are, and how unreasonable the other side is. -
Quite right; it's not slander, although it wasn't you I asked the question of, but your super-loyal customer Mr Baron, who appears to have registered on CAG only in order to post a couple of ill-informed, semi-literate, frothing rants which include references to slander. It will probably be helpful to clarify a couple of points. Slander is spoken. Libel is published. Both are forms of defamation. If someone brings an action for defamation, firstly they need very deep pockets - it is one of the most expensive forms of litigation there is, and most defamation lawyers will want an upfront fee of tens of thousands. Secondly, you will have to show that the defamation caused a harm - demonstrable loss of business, for example, or the defamation causes a right thinking person to think the worse. Truth is an absolute defence, so is public interest. The law was recently strengthened to prevent companies and individuals using it to suppress criticism. In other words, you may not like what some of your customers are saying, but you are probably not really going to be able to do anything about it, especially in a 'he said, she said' situation. I suspect that no-one, and particularly a used car dealer, is able to please every single customer every single time - especially as there are customers who will never be happy no matter what you do. Meanwhile, you may like to read up on the Streisand Effect - for an example google 'RLP Schillings'. Let's have no more silly threats about slander.
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Just remind us what slander is, will you?
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Sick child and wages
ScarletPimpernel replied to ThePain's topic in Employment and minimum wage problems
Macmillan are good, but GOSH has a CLIC Sargent (children's cancer charity) specialist social work team on 020 7829 8896, who will be able to provide advice and support. There's also an in-house CAB at GOSH who give advice on benefits etc., but you need a referral from the social work team to access it. In my experience (I'm a medical welfare officer), the support at GOSH, and indeed any specialist children's cancer unit, is excellent, but the sooner you make contact the easier it is for them to help. -
The thing about Cireco is that it's just bullsh1t. We aren't aware of a single employer that uses it. Like RLP, its website is designed to give the impression of some sort of official standing, or that it's a major company involved in clearing employees for big business. The reality is that both companies are small operations run from a back Street in Nottingham. You can safely ignore anything you receive from them, and don't be concerned at all that either RLP or Cireco can do anything to affect future employment. Anything that is done by statutory authorities, such as the police or courts, can affect DBS clearance. The answer is, as I'm sure you know, to stay on the right side of the law in future.
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So how do you explain how, in the absence of bailiffs, the sky hasn't fallen in in Northern Ireland, where enforcement officers are employed by the court service, don't seize goods yet have a good success rate at recovering money?
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Being chased for a debt I don't actually owe
ScarletPimpernel replied to S_tring's topic in Debt Collection Agencies
You may like to read up on Ferguson vs British Gas Ltd, and then mention it to the clowns who are chasing you. -
Nothing to do with RLP. What they are doing is 'proper' loss prevention, rather than any sort of civil recovery speculative invoicing.
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Not once you've written to them, or they'll be in breach of the CONC rules. Don't worry about it, though. If they do ring - and I think it unlikely at this stage - just hang up. I think it's likely that their letter is testing the water; a speculative approach to see if you roll over and pay. Writing to them and making them aware that you aren't a pushover and know the rules puts you in control. On past experience they tend to pass the account back to the pond life who instructed them when they're challenged.
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This firm is utterly unpleasant, and in my view their tactics are morally reprehensible. However, I wouldn't waste a moment's thought on them. Don't let them intrude upon your life.
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If the debt is statute-barred there's nothing they can do about it. You may like to send them a letter along these lines: Get a free proof of posting from the Post Office. It goes without saying that you should never speak to these creatures on the telephone.
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One more question. Who are P&C acting for - the original creditor (Santander), or a debt purchasing company like Lowell?
