tanglewood01
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Photocopies from Debt Collector
tanglewood01 replied to tanglewood01's topic in Debt Collection Agencies
Thank you all for input. Having re-read my post, I can see how it might look like I was expecting them to send me originals, but I was not. Sorry, my mistake. Basically, I'm wondering if they do not have the original, what difference this would make. The copy of the Credit Agreement I received was a photocopy of a fax, and a poor one at that. They claim the original lender has no paperwork anymore so I'm wondering if when the debt was transferred, the original Credit Agreement has gone walkies and all they have is a fax. This is only one of several issues with the debt I am helping to deal with, on behalf of someone else including harassment, breach of OFT guidelines, no proof of proper assignment etc. This would just be an additional part of the case. There are several aspects I'm experienced in challenging but this is just something I'm not clear on. -
I'm sorry if this is a silly question but I haven't been able to find the answer through searches. If a debt collector can only provide photocopies, is a debt enforceable? I have done a Subject Access request, and a follow-up when I received much less than I was expecting. I used a template from here so included the clause that failure to supply documents would confirm that they did not exist. All documents relating to the debt I'm dealing with are photocopies. If they do not have the original CCA, is there anything they can do? My concern is of course, it is easy to doctor a photocopied document.
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Product Recall of Pan Set, 2 days before Christmas!
tanglewood01 replied to tanglewood01's topic in Mail order catalogues
I've attached the second letter for you, which I received through the post along with a box to send the set back in. They emailed me a dispatch notification for the empty box, the same as when I make an order. They want the whole set back I'm not happy with this and have complained about it. I'm still waiting for their response but I'll let you know as soon as I hear, what their position is. I think the roaster and oven gloves were the best part of the set! I haven't had any problems with the pans either according to them, there is a risk of the handles becoming detached. Obviously if you have a large pan of spuds in boiling water for instance and the handle comes off while you're moving it, it could result in serious injury to you and anyone else around. I decided I was not willing to take the risk and in all honesty, the pans were not as good quality as I was expecting for something carrying a brand like "Hell's Kitchen" I never use metal utensils so had a wooden set which I threw away when we got the Hell's kitchens ones. Argos are selling a really nice "Tefal Bistro Pan Set" for £35 which I bought to replace the HK ones. It's only the pans but they are excellent in my opinion. If I were you, I'd contact Studio customer services and see what they say, or wait to see what response I obtain. If they offer me an acceptable solution, they'd have to offer you the same. -
I bought a "Hell's Kitchen" Pan Set from Studio about 6 months ago. 2 days before Christmas, they sent me a product recall for the pans, informing me that I should stop using then immediately. This, just two days before cooking the most stressful meal of the year! No replacement, no apology, nothing! Recall Letter The second letter they sent stated they wanted everything back (pans, roaster & utensils etc). They have said if I don't return everything, I will not be refunded. I replaced the pans but did not consider that they would want the items that were OK back. I discarded all of my old utensils when I bought this set. The second letter which I've received this morning informs me someone will collect the set within the next 7 days. I'm really unimpressed with the service and would appreciate peoples thoughts on the matter.
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Hi. The debt is for a vehicle. The last actual payment was the end of June 2007. There is a credit on the account at the beginning of November 2007 following the repossession and sale of the vehicle.
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Hi. It may be a silly question but best to ask.....When calculating the Statute Barred date, does a credit from a repossession and subsequent sale of goods on an account constitute payment/acknowledgement and therefore the SB date would run from that credit? Thank you in advance.
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I just checked the actual wording and they said "in respect of the SD we will not take any further action, without giving you 21 days written notice of our intention to do so" which has reminded me why I don't need to worry about it at the moment.
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Thank you for that. I sent them a slight variation of the letter as recommended. I added references to my previous letters requesting the same and pointing out that they had so far failed to comply. I have now received a reply. The have sent a comprehensive document which appears to be an assignment to them from Private & Commercial. However, they have redacted a lot of information and contrary to the specific request in document you linked to, they have not given any justification for this. Additionally and I think most importantly - there is a page for details of the debt and debtor but this is completely blank. In fact, there is no reference to my family member or the specific debt - i.e. amounts or account number on any of the 34 pages! I will wait for responses to be sure but I guess my next step is to write again and refer them back to the letter and ask them why they have redacted and without any justification and why this document does not contain any information which connects it to my family member. khemist - After my family member received the SD, I wrote to Go Debt and ripped them to pieces for taking this action and continuing to harass him while the debt is in dispute. They claimed they didn't realise it was in dispute but that was just plain nonsense. In the reply, they apologised and said they would not take that any further. I have it in black and white so I didn't need to apply for a set aside.
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Sorry for my absence. I have a statement of account but have not seen a default or termination notice. Due to the family members state of health at the time, he does not know if he received a default and termination notice and does not have any papers regarding the debt. I got the credit agreement and statement from Go Debt. Should I be asking Go Debt for a default and termination notice or the original lender? Am I right in assuming that it is Go Debt who need to prove there was a notice of assignment? I have asked them time and time again for one and all they've sent so far is the wording (which anyone can obtain) and a letter from them stating the debt has been assigned to them. Like I've tried to explain to Go Debt (time and time again), if someone knocked on your door and said "you owe me £6000", you'd likely tell them where to go. If they were insistent you owed it to them, you'd ask them to prove it. Go Debt has so far failed to do so.
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I think the most laughable part is that I'm guessing neither was taken out as he couldn't afford the repayments on the finance, never mind any protection on top!
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One of the figures is on there, but neither GAP Insurance or Credit Protection were taken out. I was being overly paranoid so I censored everything!
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There is nothing on the credit agreement to suggest he had any type of PPI. I did ask him at the time things went pear-shaped with his life and he said he didn't have any.
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The agreement is from the early part of 2007. The last payment was made in the middle of 07. I thought this was/is the Credit Agreement?
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Sorry for the wonky docs - this is how I received them... TW.pdf
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I have a copy and I'll post it shortly. I've had a letter back from them confirming they will not proceed with the SD, while my dispute is investigated. They have still failed to provide a true NOA
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Close, a motorbike
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Thank you for that. He received another letter yesterday. It's a warning that if they go ahead with the "Statutory Demand in Bankruptcy", costs in the region of £1000 will be added to the debt". Now, is it me or is this nonsensical! If he was made bankrupt, it's not like they'd be getting it! He doesn't have any assets which wouldn't be protected (car for work).
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Thank you DX. The debt was originally with "Private & Commercial Finance Co. Ltd." before Go Debt claim it was assigned to them in August of last year. The outstanding balance is in the region of £6,500. This family member was involved in a destructive relationship at the time the finance was taken out and was also suffering mental health problems. He really shouldn't have been given the finance in the first place due to his mental state and as I can't see how he could have realistically afforded the repayments anyway. I need to find out for sure but I think it may be getting on towards the 6 year mark which would explain Go Debt's behavior. It was early September 2011 when I became involved after Go Debt started harassing him. Due to his health, I had him sign a document assigning me as his appointee in the matter. In my very first letter, I made it clear they were not to contact him at all and that we would not entertain any phone communication. After they repeatedly failed to provide a Notice of Assignment, I left the ball in their court to do so at the end of September. I heard nothing more until my family member bought the SD to me. He informed me at that point that they had again been harassing him by phone for some time - this despite me making it quite clear they were to communicate with me only and in writing only. It seems to me that knowing they were not going to push me around, they reverted to their dirty tactics. Another concern he has, and one I'm not really clued up on is any potential impact on his new partner. She has nothing to do with the debt but they are now living together and he is really worried about this so any advice on his position in this regard would be greatly appreciated. Thank you for this, I didn't know I needed to check so this could save me a trip! Do you know if it is 18 working days or all?
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Hi all. I've been helping a family member out with a debt. The company who I've been in touch with are Go Debt. They've been playing dirty so there was no way I was going to let him roll over and play their game. Just as an idea.. .They were harassing him on the phone, even calling his workplace and disclosing they were chasing him for a debt and were considering forced bankruptcy! They have also told several lies, and created letters to try to cover their tracks. They tripped themselves up with dates which proved the letters were produced after the fact and never sent. Now, so far as I can tell, there has not been a Notice of Assignment (NOA). I requested this and they sent me the wording of a NOA that anyone can copy and paste off the internet. I wrote back and explained this was not sufficient. This was the last I heard from them until my family member was served with a Statutory Demand (Section 268(1)(A)). Why on earth would they do this when they have still failed to respond to my perfectly reasonable and legal request for the Notice of Assignment! The SD seems legitimate and has the details of the relevant court. So please, any suggestions on next steps? Would it be best to apply to the court for it to be set aside?
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Counsel does not represent me, they were instructed to give their opinion on particulars of the claim and the merits/chance of success. I have a solicitor but they do not provide representation so I represent myself at hearings. For reasons I won't go into here, I have found it is pertinent for me to gain as best an understanding of the legislation and it's application as possible and not to rely entirely on my solicitor.
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I don't have any problems with the case and they will not be able to 'wriggle' out of it. The adjustments I requested were reasonable and Counsel is confident that the Tribunal will agree. I just need help with examples/case law/more detailed guidance as per my original post
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Hello all. I'm involved in an on-going trubunal with my employer. I need give a written response on a couple of issues to be discussed at a forthcoming Case Management Discussion (CMD). The thing I'm having trouble with is: criterion or practice or physical feature which places me at a 'significant disadvantage'. I understand what it is asking but I wanted to see some examples of it being applied. I've searched and searched but can only find the legislation and guidance rather that it's practical application. It is easy to answer this question in regard to some issues but I am unsure about others. For instance, accessability of the work place is a big issue and I'll have no problem with the 'substantial disadvantage' here because certain conditions would mean I was unable to access the office. Therefore the sunstantial disadvantage is access, I think? What I'm really struggling with though is the lesser but still important issues. For example, my office chair is blocked in by another and due to a small office, my chair is often knocked, causing severe pain and agitation of my condition. I cannot rise from my chair without first having to ask a colleague to move and I need to stand often due to my condition and sometimes I need to stand quickly due to muscular spasms. I do not have space to keep all of the items I need in easy reach. How do I put the substantial disadvantage into words? If anyone can give me guidance or point me to case law I would be really grateful. Thank you
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Thank you SarEl. I understand what you're saying and it's really helpful to have some perspective on these smaller issues. They are 'niggles' which I need to put to bed to be able to better focus on the more important points.
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You're right of course, I didn't consider the confidentiality aspect. They say this person has left their employ as a result of the way I was treated so I assume they were using this in their defence - despite claiming not to have done anything wrong.
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I have just read a summary of the case-law you mentioned. It's clear now that I can't use the existing homeworkers as a 'comparator' but it does at least prove that home working is possible. Additionally, as you pointed out - the failure to follow their policy is more relevant. They have a 'home-working' policy and it's even cross referenced in their 'Equal Opportunities' policy. I didn't want to start yet another thread so hopefully this will be ok here: They have said that someone has 'left' their employ as a result of the way I was treated. I was never told this and only found out as it was in the ET3. There are no details of who this was and on what grounds and I feel this information is likely to be beneficial to my case. What would be the best way of obtaining this information? I have a sneaking suspicion that it may have been over the instruction of a private detective to spy on me and if this is the case, surely there are implications as they have since decided to use it as evidence?
