M&S Valid Default Notice?

[msowing]

the amount of red in a threatening letter is inversley proportional to the amount of bullsh*t that the letter containts

(dicks law)

 

Thanks diddydicky.

 

I thought that was the case but I just wanted to check to be sure.

[msowing]

I have today received a postcard from someone called Hillsden. They say that they would like to arrange for a rep to call on me at my home within the next week and to phone a Derek Davies to make the appointment.

 

I have never heard of Hillsden before and never had any letters from them, the last letters I got were from DLC. Are they part of Hillsden?

 

I have of course no intention of phoning anyone. What is the likelihood of someone just turning up? My family would be livid if they did especially seeing as they know nothing of my debt.

 

Thanks in advance from a very worried person.

[Alloyz1]

Send This edited of course:

 

TAKE URGENT NOTE:

 

I DO NOT WISH TO RECEIVE ANY REPRESENTATIVE OF YOUR ORGANISATION, OR INDEED AN AGENT OR REPRESENTATIVE EMPLOYED BY ANY ORGANISATION THAT YOU ISSUE INSTRUCTIONS TO.

 

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 FOR DAMAGES FOR A TORT OF TRESSPASS AND ACTION WILL BE TAKEN, INCLUDING BUT NOT LIMITED TO , POLICE ATTENDANCE.

 

I also caution you here that should you ignore my request on this point, the actions of your representative(s) will happily be recorded either by CCTV or by telephone recording equipment – whichever is applicable. Accordingly I reserve the right to use any evidence of you or your representatives’ ignoring this request in connection with any actions that I choose to pursue, including but not limited to media exposure. Regulatory reporting, legal proceedings.

 

Should it be your intention to disregard my wishes, and break your obligations, please be advised that the following rules also apply, as laid down by the OFT in respect of debt collection, and that you, as a holder of a consumer credit license, are obliged to follow:

 

The areas of the OFT guidance which applies to you in this instance are:

 

Debt collection visits

 

2.12 Examples of unfair practices are:

 

a. not making the purpose of any proposed visit clear, for example, merely stating that collectors or field agents will call is not sufficient

 

f. visiting or threatening to visit debtors without prior agreement or when the debt is deadlocked or disputed

 

Deceptive and/or unfair methods

 

2.8 Examples of unfair practices are as follows:

 

k. not ceasing collection activity whilst investigating a reasonably queried or disputed debt.

 

 

 

 

 

Data Protection Act, section 10.

 

Please note you may also consider this letter as a statutory notice under section 10 of the Data Protection Act to cease processing any data in relation to this account with immediate effect. This means you must remove all information regarding this account from your own internal records and from my records with any third parties and credit reference agencies.

 

Please confirm that you have complied with my request under section 10 of the Data Protection Act.

 

 

[msowing]

Send This edited of course:

 

TAKE URGENT NOTE:

 

I DO NOT WISH TO RECEIVE ANY REPRESENTATIVE OF YOUR ORGANISATION, OR INDEED AN AGENT OR REPRESENTATIVE EMPLOYED BY ANY ORGANISATION THAT YOU ISSUE INSTRUCTIONS TO.

 

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 FOR DAMAGES FOR A TORT OF TRESSPASS AND ACTION WILL BE TAKEN, INCLUDING BUT NOT LIMITED TO , POLICE ATTENDANCE.

 

I also caution you here that should you ignore my request on this point, the actions of your representative(s) will happily be recorded either by CCTV or by telephone recording equipment – whichever is applicable. Accordingly I reserve the right to use any evidence of you or your representatives’ ignoring this request in connection with any actions that I choose to pursue, including but not limited to media exposure. Regulatory reporting, legal proceedings.

 

Should it be your intention to disregard my wishes, and break your obligations, please be advised that the following rules also apply, as laid down by the OFT in respect of debt collection, and that you, as a holder of a consumer credit license, are obliged to follow:

 

The areas of the OFT guidance which applies to you in this instance are:

 

Debt collection visits

 

2.12 Examples of unfair practices are:

 

a. not making the purpose of any proposed visit clear, for example, merely stating that collectors or field agents will call is not sufficient

 

f. visiting or threatening to visit debtors without prior agreement or when the debt is deadlocked or disputed

 

Deceptive and/or unfair methods

 

2.8 Examples of unfair practices are as follows:

 

k. not ceasing collection activity whilst investigating a reasonably queried or disputed debt.

 

 

 

 

 

Data Protection Act, section 10.

 

Please note you may also consider this letter as a statutory notice under section 10 of the Data Protection Act to cease processing any data in relation to this account with immediate effect. This means you must remove all information regarding this account from your own internal records and from my records with any third parties and credit reference agencies.

 

Please confirm that you have complied with my request under section 10 of the Data Protection Act.

 

 

 

 

Thank you so much Alloyz1

[diddydicky]

or , you could just write and say that you will not discuss the matter with personal or telephone callers and that all communications in the matter must be by written correspondence!

[msowing]

or , you could just write and say that you will not discuss the matter with personal or telephone callers and that all communications in the matter must be by written correspondence!

 

Thanks diddydicky.

 

I emailled them yesterday and got a reply almost immediately. They now say they have passed it back to their clients.

 

So will sit and wait for the next DCA M&S decide to send after me.

M&S know they have no agreement I have written proof.