Where to go from here? Advice needed please.

[slick244]

I have an outstanding balance with cap one that was defaulted 4 and a half years ago. I had a reduced payment plan set up that I stopped paying after i found this site and CCA'd Cap one and received some terms and conditions. I sent the account in dispute letter. They passed it on to Credit solutions limited. They said they would be coming to my house so i CCA'd them and they sent me a signed Application form like so many other people and which I have been told is unenforceable. Now I have received another letter from Power2contact saying that they are coming to my house to collect the debt. Im feeling a bit lost as to what to do next. When i started this I had the intention of keeping to deadlines and such but as i work away for long periods I have let my eye off the ball. Should i CCA the DCA or send another Account in dispute letter. I have thought of offering a full and final settlement but the default on my record is 6 years old in 18 months. Any advice as what my next step should be is greatly appreciated. Thanks.

Slick244

[vint1954]

Check this over and send to P2C

There is no point in sending another CCA or dispute letter at this stage.

This account is in serious dispute with the xxxxxxxxx, the details of which are none of your concern. You must however read the later paragraphs concerning home visits and data protection.

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 FOR A BREACH OF THE PEACE.

 

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 media exposure.

 

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 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.

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.

If Power 2 Contact process or continue to process my information, then you will be complicit in the current breaches under the Data protection act. I am sure that Power 2 Contact will be aware of the penalties and fines involved.

I do believe this makes my position clear and unambiguous.

 

[slick244]

Thank you so much for your reply. I will post this letter tomorrow. Does anybody have any opinion on offering a full and final settlement? What will happen to the debt in 18 months time when the default notice is 6 years old?

[debt4get]

if you offer f and f get it writing along with statement they will remove from your credit file all defaults relating to it

in 18 months it will simply drop off your credit file

[slick244]

Ok i have received another letter today. This one is from Credit solutions limited giving me the opportunity to save £££££'s and that i should give them a ring in the next 10 days to save lots of money by taking advantage of a discount offer on the outstanding debt or they will send someone to knock on the door. Should i just ignore them? Will they get a CCJ against me in the next 18months if ignore. THanks Slick244

[Pinky69]

They cannot get a CCJ against you - they would need to produce the original agreement to do that and there is no agreement, just CrapOne's useless application forms and current T&Cs, which are as much use to them as toilet paper. Tell them all to Foxtrot Oscar and let the default fall off.

[slick244]

THanks for the quick reply and advice Pinky. Thanks to everyone for their help.