Debt written off due to Carers Allowance?

[davey77]

Useful info on CallCredit's list of codes and their meanings for folks:

 

[joneseyblod]

I initially posted saying that in that link it referenced going to court and giving a template to use on the n208 claim form. It stated it was on the next post but I couldnt see how to access it. I then realised how to do it and found that information. The post above was incase you had seen my earlier post.

 

Unfortunately I cannot find the information either that you was trying to find.

[davey77]

Ah ok,, got ya! ta!

[davey77]

Anarchists warn 'This is just the start' as we track down Fred the Shred - mirror.co.uk

 

"The attack happened despite RBS paying £290 a month for security at Sir Fred’s home – even though he’s no longer an employee."

 

Paid-for security after leaving his job?! Who else do you know gets that kind of treatment?

 

"Police arrived within minutes but the anarchists had fled."

 

Prompt of them wasn't it. Call them saying a DCA is trying to push your door in or your house has been broken into and you'll be lucky to see them within a week, if at all.

 

"Gordon Brown said: “There can be no excuse for breaking the law."

 

Are you kidding? Pot, Kettle and black springs to mind!

[davey77]

Daniel Hannan for PM?? I'd vote for him lol

 

An internet sensation, the Tory who told Brown to his face he's a disaster | Mail Online

[the_shadow]

Daniel Hannan for PM?? I'd vote for him lol

 

An internet sensation, the Tory who told Brown to his face he's a disaster | Mail Online

 

Oh I say... puts that wet blanket cameron to shame:D:D

[joneseyblod]

Hehehe cool

[davey77]

BBC NEWS | UK | Debt collectors take 30-day break

[davey77]

Debt recovery agency 1st Credit loses clients after OFT rebuke - Times Online

"HBOS and Citi Financial, part of Citigroup, have dropped 1st Credit, the debt recovery company that was reprimanded by the Office of Fair Trading"

[davey77]

Has anyone used the Which? legal service?

[joneseyblod]

No, are they meant to be any good?

[davey77]

Don't know.. just found them today and 'look' like it could be another useful avenue. Be nice to get all the regs and ideas i have backed up by a pro and be able to ring a Legal mind when ever i feel like it for what seems a small cost.

 

Although the Solicitors are turning out a bit lame it was nice to have bonafide confirmation that all i have been saying to the Creditors the last 2 yrs was correct at the very least.

 

Still browsing though and trying to find others that have had actual experience with them.

[joneseyblod]

I might look into them then as all the solicitirs I rang want hundreds of pounds an hour and retainers of up to £1000 for debts that are just over £2k and just over £3k. None of them offer a no win no fee or similar arrangement.

 

Do you mean the solicitors you mentioned to me are turning out a bit lame? How are things with HFC going?

[davey77]

Well those Solicitors have said re mint that they have run out of Legal Aid.. £500 and they wrote one letter. hmmmm

 

Nothing heard on the position re HFC.. but i am assuming it will go the same way if they use cash up at that rate!

 

From the Which? website it all looks quite rosey although i tend to like to know people that have actually used a service rather than believing the claims on a website alone. Rather suspicious these days.

[davey77]

 

The Office of Fair Trading: OFT imposes requirements on Mackenzie Hall to improve handling of disputed debts

 

http://www.credittoday.co.uk/news/news-item.cfm?news=1103#content

 

"The OFT is also understood to be investigating several other debt collection agencies in a crackdown on the sector."

 

About B****y time too!

[joneseyblod]

Blimey one letter costing £500

 

My other agreement is also with Mint, funny eh both are HFC and Mint.

 

WIll have a nose on their website and see if I doing a general internet search brings up any feedback from people using them.

 

Yes I saw that OFT thing, as you say about time indeed!

[joneseyblod]

I cant see anything about them dealing with agreement disputes, and they only offer telephone advice, you still do all the letter writing etc. Wouldnt you probably get the same advice from CAG?

 

If im looking at the wrong part do tell me though!

[davey77]

I think they will answer questions on any subject from what i have read but yes, it's all over the telephone and you still do all the writing.

 

I know what you mean.. all the info is on here, on this site but it's just a matter of time and finding the right angle sometimes. Just looking at all possibilities tho especially if i will be taking anyone to Court. I could use them as a back up for immediate info knowing it comes from a pro as it were.

Edited April 22, 2009 by davey77

[davey77]

Anyone know where the 'removing access to your property under English common law' letter is? Can't seem to find it this morning

[Gazza112]

Anyone know where the 'removing access to your property under English common law' letter is? Can't seem to find it this morning

 

 

Hi Davey

 

Hope things are well with you.

I think i've got that letter on my Barclaycard thread.

I'll hunt it out for you.

 

Gaz

[Gazza112]

Hi Davey

 

Is this the letter you was looking for about access to your property.

 

 

Dear Sir/Madam

 

Re: Account/Reference Number

Postage Reference: DL GB

 

 

I must admit that I am rather bemused as to why this account has been passed to you, as it is in dispute with ***DCA*** and has been since ***Date 25th September 2008 ***

Not only is this a breach of OFT collection guidelines, but also in breach of the Consumer Credit Act 1974 and Data Protection Act 1998

 

 

As ***DCA*** is now in default of my Consumer Credit Act request, Office of Fair Trading Collection Guidelines and s10 Data Protection Act request, I consider this account to be in SERIOUS DISPUTE.

 

As you are aware while my Consumer Credit Act request remains in default, enforcement action is NOT permitted; under s127 this constitutes a complete defence at law. Consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS.

 

Now I would respectfully suggest that this account is returned to ***DCA*** for resolution of these defaults and breaches, as ***DCA*** cannot lawfully pursue any enforcement activities.

 

If ***DCA***chooses to ignore my dispute and attempt enforcement, I will initiate legal 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.

 

Also I would like to point out that you mentioned that you was intending to send out a Doorstep Collector.

You are reminded of the following under The Administration of Justice Act 1970.

 

Section 40 of the act provides that a person commits an offence if, with the object of coercing another person to pay money claimed from the other as a debt due under contract, he or she:

 

(a) harasses the other with demands for payment which by their frequency, or the manner or occasion of their making, or any accompanying threat or publicity are calculated to subject him or his family or household to alarm, distress or humiliation;

(b) falsely represents, in relation to the money claimed, that criminal proceedings lie for failure to pay it;

© falsely represent themselves to be authorized in some official capacity to claim or enforce payment;

(d) utters a document falsely represented by him to have some official character or purporting to have some official character which he knows it has not.

 

I am of the view that your 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.

 

Further to this all calls from your Doorstep Collectors must also cease unconditionally and with immediate effect. I note that there is only an implied license under English Common Law for certain people 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.).

 

Take note, I revoke license under English Common Law for you, or any of your representatives to visit me at my property and if you do so without my permission, you will then be liable to damages for a tort of trespass. You would also be conspiring in a trespass if you sent someone to visit me nevertheless. Any trespassers you attempt to send therefore will be dealt with accordingly.

 

Be further advised that any further telephone calls from your company will be recorded

 

I hope that this will not be necessary and an acceptable solution can be accomplished.

 

I would appreciate your due diligence in this matter.

 

Yours faithfully

 

 

 

Gaz

[the_shadow]

 

 

Dear **** of the earth

 

 

I received your visit “postcard” in the post on XXth April, please be advised I am aware of my rights and that 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, the Police.

 

 

Yours

 

 

XX

 

 

 

 

 

 

S.

[davey77]

That's the ones guys... thanks!

 

"Dear **** of the earth" lol

[the_shadow]

That's the ones guys... thanks!

 

"Dear **** of the earth" lol

 

I put "Dear", I was trying to be polite:D

 

s.

[davey77]

lol