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Stigman

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Everything posted by Stigman

  1. Hi KGAR, First of all never talk to FPC on the telephone, refuse to answer any security questions and tell them in writing only. Send FPC the prove it letter below, FPC have to prove that the debt exists, send via recorded delivery, print your name only and do not sign... Dear Sir/Madam You have contacted me/us regarding the account with the above reference number, which you claim is owed by myself/ourselves. I/we would point out that I/we have no knowledge of any such debt being owed to (insert company name). I am/we are familiar with the CPUTR 2008 and the Office of Fair Trading's Guidance on debt collection, which states that it unfair to send demands for payment to an individual when it is uncertain that they are the debtor in question. I/we would also point out that the OFT say under the Guidance that it is unfair to pursue third parties for payment when they are not liable. AND in not ceasing collection activity whilst investigating a reasonably queried or disputed debt you are using deceptive/and or unfair methods. Furthermore ignoring and/or disregarding claims that debts have been settled or are disputed and continuing to make unjustified demands for payment amounts to physical/psychological harassment. I/we would ask that no further contact be made concerning the above account unless you can provide evidence as to my/our liability for the debt in question. I/we await your written confirmation that this matter is now closed. Otherwise I will have no option but to make a complaint to Trading Standards and also inform the Office Of Fair Trading of your actions. I/we look forward to your reply. Yours faithfully ---------------------------------------------------------------- Also, to stop the phone calls send FPC this, send with the prove it letter and once again, print your name, dont sign.... 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. I am of the view that your continued 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. Be advised that any further telephone calls from your company will be recorded. (**Even if you don‘t yet have recording equipment!!**) Yours faithfully, ------------------------------------------------------ Best Wishes Stigman
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  3. 1st Crud have no right to see your personal details, if they are unsure it is you they should not be chasing you in the first place! Tell them to complete their legal obligations by sending you the documents or you will report them to the relevant authorities. NEVER send them a copy of your signature or drivers licence/passport etc. Scan in and post up the CCA's, remember to remove all personal details i.e. name, address, reference numbers, barcodes and full amount.
  4. Are you talking to Carbot on the phone or communicating via letter? If by phone, these idiots will tell you anything, always communicate in writing only so you have a nice paper trail. To take you to court, they have to produce the original document, no document, no judgement.
  5. When you send the CCA to Rockwell, make sure it is sent by recorded delivery so you have a reciept that the CCA request has been delivered. Rockwell will only have very limited data, if you need to send a SAR request, make sure you send it to the Original Creditor.
  6. Hi Pathway, Are these token payments made to Natwest/Triton or a DCA? Send a CCA request for each of the accounts (CCA letter in the templates section), make ssure you enclose a £1 postal order for each one and print your name, do not sign and send via recorded delivery. When/if you recieve anything back, post up but remove personal details and barcodes and full amount for your own security reasons to stop being identified. As to bailing out the banks, yes the UK Government did stick us all in 15K worth of debt each, I would love to put my 2p's worth in but if I did this would go seriously off topic. Best Wishes Stigman
  7. Have you sent the account in-disspute letter to MBNA? You can now legally with-hold any payments until MBNA comply.
  8. Hi Paul, First of all follow the golden rule and DO NOT RING WESTCOT. Just sit for a while and they will send something else through the post, when you do recieve something, post back and let us know what the debt is, how much for, when the last payment made and date you approx. took out the credit card (if it is for that debt). Until then, have a coffee, if Westcot does telephone you, refuse to answer security questions and say "everything in writing please" and hang up. Best Wishes Stigman
  9. Was doing it off of memory Postggj, it's now an old memory (just turned 38 lol)
  10. Send the prove it letter to DLC if they are the DCA chassing you now.
  11. Hi Shadowdog, A CCA request does not cover overdrafts, but the £1 fee should have been returned to you as it clearly states on the CCA template letter that it is not to be used for any other purpose. If 6 years have passed without payment (5 yrs if you live in Scotland), then the debt is statute barred. Send DLC first of all the prove it letter and see what they come back with, this will confirm last payment dates etc. Send by registerred post, print your name and never sign... http://www.consumeractiongroup.co.uk/forum/content.php?428-General-debt-letter-if-you-know-nothing-of-the-debt Hillesden and DLC are one of the same operating out of offices next to a chicken farm in Banbury. Best Wishes Stigman
  12. Hi Worried, First of all calm down, take deep breaths and relax, you are in control of all this, not the DCA. All of the threats of due dates and people calling at your address are designed to scare and intimidate, and even if anyone does come knocking, they have as much right to your money as my dog does, tell them to get off your property or you will call the police. Send Pastdue this letter asking for more details of the debt... http://www.consumeractiongroup.co.uk/forum/content.php?428-General-debt-letter-if-you-know-nothing-of-the-debt Send via recorded delivery, print your name and NEVER SIGN. Also include the Doorstep Visit letter as well... http://www.consumeractiongroup.co.uk/forum/content.php?410-LETTER-USED-WHEN-A-DCA-THREATENS-A-DOORSTEP-VISIT Post back when Pastdue responds to your request. In the meantime, relax, Pastdue and other DCA's thrive on the vulnerable or uninformed, if they phone, refuse to answer security questions and say "in writing only please" and hang up. DO NOT BE TEMPTED TO RING THEM AT ALL COSTS - keep it all in writing so you have a complete papertrail. Best Wishes Stigman
  13. DLC can attempt to collect the debt but to enforce the CCJ, they must go back to court and be named on the paperwork.
  14. I've got a similar app on my Blackberry, only problem with the pick up/hang up facility is that it still shows as missed calls when you unlock it and if you are driving at night, the phone lights up to show a missed call or if you have it in keypad lock an annoying red lights flashes.
  15. If Aktiv Kapital are offering discounts from the start, alarm bells are ringing. As asked above, please post up more info on nature of debt and when you made the last payment. Do not contact them by telephone or refuse to answer security questions if they ring you.
  16. Hi, I don't know because they have changed the template section around, this iss one from my computer copied & pasted below... Send via recorded delivery, do not sign, print your name only. It doesn't copy well so you will have to edit to suit in your word software. Dear Sir or Madam, ACCOUNT IN DISPUTE Re: my request under the Consumer Credit Act 1974 Thank you for your letter dated INSERT DATE, the contents of which are noted. Your attention is drawn to the fact that this account is subject to a serious dispute. On INSERT DATE OF CCA REQUEST SENT I requested that INSERT COMPANY/DCA NAME supply me a copy of the credit agreement covering this account pursuant to the Consumer Credit Act 1974 section 78. To date INSERT COMPANY/DCA NAME have failed to comply with my request. Without production of the said agreement I am unable to assess if I am indeed liable for any alleged debt to INSERT NAME OF ORIGINAL CREDITOR, nor does it give me any chance to evaluate whether any original agreement was ‘properly executed’ as required by the Consumer Credit Act 1974. For the avoidance of any doubt I have included section 78(1) and 78(6) of the Consumer Credit Act 1974, which states… 78 Duty to give information to debtor under running-account credit agreement (1) The creditor under a regulated agreement for running-account credit, within the prescribed period after receiving a request in writing to that effect from the debtor and payment of a fee of [£1], shall give the debtor a copy of the executed agreement (if any) and of any other document referred to in it, together with a statement signed by or on behalf of the creditor showing, according to the information to which it is practicable for him to refer,— (a) the state of the account, and (b) the amount, if any, currently payable under the agreement by the debtor to the creditor, and © the amounts and due dates of any payments which, if the debtor does not draw further on the account, will later become payable under the agreement by the debtor to the creditor. (6) If the creditor under an agreement fails to comply with subsection (1)— (a) he is not entitled, while the default continues, to enforce the agreement; Clearly as no agreement was supplied on request, this in no way complies with the requirements of the Consumer Credit Act 1974 and I now draw your attention to section 78 subsection 6 which states If the creditor under an agreement fails to comply with subsection (1) he is not entitled, while the default continues, to enforce the agreement; Clearly this is a situation as described in S.78(6) Consumer Credit Act 1974 and the debt is unenforceable at this time. In addition, I draw your attention to section 127 (3) Consumer Credit Act 1974 which states 127(3) The court shall not make an enforcement order under section 65(1) if section 61(1)(a)(signing of agreements) was not complied with unless a document (whether or not in the prescribed form and complying with regulations under section 60(1)) itself containing all the prescribed terms of the agreement was signed by the debtor or hirer (whether or not in the prescribed manner). This is backed by case law from the Lords of Appeal in Ordinary (House of Lords) the highest court in the land. Your attention is drawn to the authority of the House of Lords in Wilson-v- FCT [2003] All ER (D) 187 (Jul) which confirms that where a document does not contain the required terms under the consumer credit act 1974 the agreement cannot be enforced. To clarify S.61(1) states (1)A regulated agreement is not properly executed unless— (a) a document in the prescribed form itself containing all the prescribed terms and conforming to regulations under section 60(1) is signed in the prescribed manner both by the debtor or hirer and by or on behalf of the creditor or owner, and (b) the document embodies all the terms of the agreement, other than implied terms, and © The document is, when presented or sent to the debtor or hirer for signature, in such a state that all its terms are readily legible In addition the prescribed terms referred to in section 60 CCA1974 are contained in schedule 6 column 2 of the Consumer Credit (Agreements) Regulations 1983 (SI 1983/1553) and are inter alia: - A term stating the credit limit or the manner in which it will be determined or that there is no credit limit, A term stating the rate of any interest on the credit to be provided under the agreement and A term stating how the debtor is to discharge his obligations under the agreement to make the repayments, which may be expressed by reference to a combination of any of the following— 1.Number of repayments; 2.Amount of repayments; 3.Frequency and timing of repayments; 4.Dates of repayments; 5.The manner in which any of the above may be determined; or in any other way, and any power of the creditor to vary what is payable Therefore based upon the Consumer Credit Act 1974 this debt as it stands is unenforceable and should this proceed to litigation, a court is precluded from making an enforcement order under section 127(3) unless a true copy of the signed agreement is produced.. At the point where this account entered into the default situation as described in s78 (6) CCA 1974 no other charges are allowed to be added until such time as INSERT COMPANY/DCA NAME become compliant with my request. As INSERT COMPANY/DCA NAME are still not in compliance with my request I insist that the following takes place with immediate effect All entries which refer to missed payments be removed from our credit files. All collection activities cease with immediate effect. In addition, I draw your attention to the Office of Fair Trading’s Guidance on Debt Collection... The OFT guidance which was issued July 2003 (updated December 2006) relating to debt collections and what the OFT considers unfair, I have enclosed an excerpt from page 5 of the guidance which states... 2.6 Examples of unfair practices are as follows: h. Ignoring and/or disregarding claims that debts have been settled or are disputed and continuing to make unjustified demands for payment What I Require. I require that you send me a true copy of the executed agreement as required by the Consumer Credit Act 1974. If you are unable to supply the requested documentation because no such agreement is in existence I require written clarification as such. I require that you comply with my request within 7 days of the date of this letter. I will not correspond any further with you until I either receive a copy of the requested documents as laid down in section 78(1) CCA 74 or clarification that such agreement doesn’t exist. I am advised that should you persist in pursuing this debt ignoring the above information you will be in breach of the Administration of Justice Act 1970 section 40 as well No other correspondence will be accepted Should you attempt litigation it will be vigorously defended and the failure to supply documentation under the CCA 1974 is a complete defence to any legal action and your actions will be vexatious and unlawful I trust this out lines the situation Yours Faithfully Print Your Name (DO NOT SIGN) ------------------------------------------------------------ Best Wishes Stigman
  17. Hi Whibbs, DO NOT BE WORRIED! This is exactly what they want, DCA's thrive on fear and intimidation. Send Atkins this... http://www.consumeractiongroup.co.uk/forum/content.php?425-Letter-to-solicitors-threatening-legal-action-in-default-of-agreement-request Because DLC?Hillesdons have not compilied with your CCA request, send DLC/Hillesdons the account in-dispute letter. Also report DLC/Hillesdons to OFT and Trading Standards via Consumer Direct and the Information Commissioners Office for passing a debt on whitch they have not complied to. Best Wishes Stigman P.S. Anyone from DLC looking in, Hows the chicken farm
  18. Lewis are Welcome Finance. They are both owned by the Cattles Group and Lewis Debt Recovery are the in-house collection arm.
  19. Just noticed these are a .com so will most likely go to the USA site. Sorry
  20. The following email address is for buisness enquiries only but will hopefully get forwarded on consumer.leads@equifax.com On yahoo answers, the 3 following but no feedback if they work so worth a try... ciara.whitty@equifax.com MyEquifax.careUK@equifax.com UKMember.Benefits@equifax.com Best Wishes Stigman
  21. Hi TeeJay, Ignore, Westcot knows the rules of the game, they try and bend them as best they can to suit themselves. It's not your job to do Westcots work. No use entering postal ping pong, costs you time and money and most DCA employees cannot read but some are advancing to Ladybird Books. Best Wishes Stigman
  22. Anyone can pick up a dictionary but I just can't even imagine that an employee in a DCA office can actually read one
  23. Hiya, Don't telephone ever and wait until they send something with more information through the post, which will come in time. If your friend does phone, he'll have a DCA mug marker on him and it'll open the floodgates. Best wishes Stigman
  24. http://www.consumeractiongroup.co.uk/forum/showthread.php?276794-A-Letter-from-Lowells-Result!&highlight=lowells+given+up http://www.consumeractiongroup.co.uk/forum/showthread.php?180608-Lowells-Capital-One&p=3118896&viewfull=1#post3118896
  25. And also collecting your doorstep is Theft and Criminal Damage
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