Mevsthem vs Halifax cca advice

[mevsthem]

Hi, Just a quick update and wondered if anyone has any advice for me. I cancelled direct debit payments at the end of august and now im bombarded with at least 6 phone calls a day and letters saying get in touch as ive missed a payment. To date I have not answered phone or contacted them. Could anyone please advise on next step as im getting a little concerned now. Cant beleive 1 missed payment in 7 years and im being hassled so much. Any advice would be really appreciated

many thanks

b

[42man]

Send this recorded delivery..

 

ACCOUNT IN DISPUTE

 

ACCOUNT NUMBER: XXXXXXX

 

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 yet to receive a copy of my signed agreement, as requested by me on XXXXX and signed by you on XXXXX

 

I am of the view that your continued harassment of me by telephone puts you in breach of CPUTR2008, 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, FOS, 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.

 

 

Yours faithfully,

 

 

 

[NAME HERE]

 

[42man]

Once they have received this write down all the times and dates they call you or if you can afford it the Truecall is an excellent system....

[mevsthem]

Many thanks for that, much appreciated

[diddydicky]

Hi, Just a quick update and wondered if anyone has any advice for me. I cancelled direct debit payments at the end of august and now im bombarded with at least 6 phone calls a day and letters saying get in touch as ive missed a payment. To date I have not answered phone or contacted them. Could anyone please advise on next step as im getting a little concerned now. Cant beleive 1 missed payment in 7 years and im being hassled so much. Any advice would be really appreciated

many thanks

b

 

use 80 quid of the money you would have paid them to buy yourself a truecall and you will not hear another thing from them

[mevsthem]

Many Thanks for all advice, could I just ask do I send these letters to Dunfermline address

Thank you again

[mevsthem]

Lol just answered phone to them and told them the account was in dispute. They said they will hold calls for 10 days to give me a chance for them to reply to my request. How crazy is this they said they knew nothing of the dispute as they were the collections dept and had no contact with card services. What a shambles, see what happens when I send harrasment letter tommorow.

[mevsthem]

Hi, Just a quick update. Sent off the letter about phone calls and they still ringing daily. Im making a note of date and time of each call. Today i have recieved the standard letters again for both accounts and the same copies of the so called agreements as posted before. What do i do next wait for DN ? Feel like im going round in circles lol. This is obviously all they have with my signature on as they have sent these out 3 times now. Any help would be much appreciated

many thanks

[mevsthem]

Hi, Phone calls keep coming daily and today Ive recieved what looks like a wage slip but inside its from halifax saying they are calling at my house on 6th oct. Does anyone know if they can do this and what its for ?

Any help would be great

regards

[42man]

Send recorded

 

Dear xxxx

 

Account Ref xxxx

 

Please be advised that I will only communicate with you in writing. I have noted your repeated attempts to contact me by telephone over the past few weeks/months and these have been duly logged by time and date.

 

Furthermore, should it be 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 and action will be taken, including but not limited to, police attendance.

 

Yours faithfully/sincerely

[mevsthem]

Many Thanks once again, just got a little spooked. Could you tell me should I send the letter to the address stated on the letter

regards

b

[mevsthem]

The letter says

Our representative will be calling your home on 6th october 2009

 

and thats it

does it mean calling at my address or a phone call ?

 

Thank you 42Man Letter ready for posting this afternoon

regards

b

[diddydicky]

its a con (similar to one sent to my OH)

 

the "trick" is that the letter says they will be "calling" NOT "calling on"

 

when they arrive they will no doubt have a bucket full of rocking horse **** as well -in other words THEY WON'T

[killylilly]

Hi all,

 

How do i send a Dispute letter - any templates available,i have had the same trouble trying to chase up Firstplus for my cca/default charges,well over 40days ago..

[mevsthem]

Many Thanks for that diddydicky, Ive just sent the letter that 42man advised. You certainly have a way with words dd, made me chuckle

thanks for the uplift

regards

b

[diddydicky]

Many Thanks for that diddydicky, Ive just sent the letter that 42man advised. You certainly have a way with words dd, made me chuckle

thanks for the uplift

regards

b

 

your welcome. my other advice which will make your life even easier is to get yourself a truecall

 

the best thing since sliced bread if you are dealing with debts!!

[mevsthem]

Yes thats my next move as soon as I have some spare cash. Until then I just let the phone call go to the answer machine which clearly states I am unavailable and If you are the Halifax then Bog off and write to me !!!

So glad I got caller ID

[killylilly]

Cheers Brooky for your advice on my above post

[mevsthem]

Only advice I can give you is look at these templates, see if one suits your situation and read posts

 

http://www.consumeractiongroup.co.uk/forum/general-debt-issues/20758-creditors-dcas-letter-templates.html

[mevsthem]

Hi, just dropped in to give another update. I sent the letter telling halifax to stop the phone calls and to tell them they are not welcome at my address. Today I have recieved a letter for both cards which says the following

 

Dear Mr xxxxxx

 

Thank you for your recent correspondance requesting that we accept a reduced offer of monthly repayment. We appreciate that you are currently experiencing financial difficulties and we are commited to treating customers with these circumstances sympathetically and positively. In order to enter into a fixed payment arrangement we require an up to date financial statement from a third party debt councilling service.

Then it goes on about reccomending debt plan or going to see CAB.

 

What is all this on about, I never asked them for reduced payments just told them to stop the phone calls. Can anyone advise me as to a reply to this letter, clearly they are just trying to get a payment from me.

As always any advice is much appreciated

many thanks

b

[diddydicky]

it is widely recognised that the credit card companies will only accept payment plans that have been set up- or sourced through payplan CCCs etc

 

the courts also look favourably on debtors who have used these services and the criteria that these organisations use is basically the same as the court would use to determine payments on a CCJ

 

 

there is a valid argument for this in that these organisations basically undertake to check through your finances with you and make the appropriate offers

 

naturally offers direct to creditors leave them suspicious as to whether you are being honest about your income and expenditure (although it would be easy to bull**** the aforementioned organisations in any event if you were so inclined)

[mevsthem]

Hi, The thing is I have not asked them for reduced payments at all. I am still waitng for a valid CCA, If they produce one then I will come to some sort of arrangement. Do I need to answer to this letter they have sent me ?

Many thanks

b

[diddydicky]

nope - ignore it

[mevsthem]

Hi, recieved a letter today stating the following :-

 

We have recently issued a notice of default as you are in breach of your agreement.

You have failed to repay the requested amount by the date shown in the notice. As a result we have terminated your credit agreement.

 

Your account details are curently being transfered to a Debt Recovery Agent who will contact you in due course.

To prevent this course of action please ring us NOW.

Failure to do so will result in further details of the default being passed to a licensed CRA and recorded on your file. This will make it difficult for you to obtain credit in the future.

 

And to top it off im being layed off from work as of tommorow.

 

Any advice would be really helpful to me as I could really do with some sort of reply

Thanks again for all advice, Im sure some caggers have been through this

regards

b

[42man]

Edit this and send recorded...

 

Dear Sir/Madam.

 

I am in receipt of your letter dated XXXXX

 

You will be aware that this account is currently in dispute due to your non compliance with my legal request for a copy of my agreement made under the Consumer Credit Act 1974. This request was made on (date) which was signed for as received by your company on (date)

 

As I understand it, Halifax do hold a Consumer Cedit Licence, so it must be presumed that you comply with CPUTR2008 in line with the Office Of Fair Trading's guidelines on debt collection which specifically state:

 

 

h. ignoring and

/or disregarding claims that debts have been settled or are disputed and continuing to make unjustified demands for payment

 

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

 

If you continue to choose to ignore my dispute and attempt to 'transfer' this to a debt collection agency, I will initiate further action and file reports with the appropriate authorities, including, but not limited to, Trading Standards, Office of Fair Trading, Information Commissioners Office, Financial Ombudsman Service and possible court action.

 

After taking advice, I am of the opinion that any continued pursuit is in violation of the Consumer Protection From Unfair Trading Regulations 2008 in line with the Office Of Fair Tradings Collection Guidelines.

 

As a holder of a Consumer Credit Licence I understand you have to have an official complaints procedure in place. I now require this procedure within 14 days.

 

I would appreciate your due diligence in this matter.

I look forward to hearing from you in writing.

 

Yours faithfully