Tenon recovery= very nasty!

[Under Siege]

Can anyone help me reword this -

 

Dear Sir

 

I refer you to the letter dated xxx which was sent to you by myself via royal mail recorded delivery.

 

I dispute the alleged debt you are claiming I owe.

 

Please provide me with a statement of account for this alleged debt.

 

If you continue to ignore my request and send me any more threatening letters I will report you to the Office Of Fair Trading.

[Under Siege]

Anybody?

[Percival Wigglesbottom]

This 'statement of account' that 'must' be provided by a dca if asked for ...does anybody know where I can find the actual law that states this ?

 

Only thing I can find so far is in the OFT guidelines :

 

e. failing to provide debtors or creditors with information on status of

debts e.g. not providing requested balance statements.

 

Or that is all there is ?

 

I have a similar issue to under seige and want to quote reference to laws pertaining , as they won't send me one.

[k65]

i think it is the consumer credit act 2006

 

section 49 Failure to comply with information requirement

After section 36D of the 1974 Act (inserted by section 48 of this Act) insert—

“36E Failure to comply with information requirement

 

(1) If on an application made by the OFT it appears to the court that a person (the ‘information defaulter’) has failed to do something that he was required to do by virtue of section 36B or 36C, the court may make an order under this section.

(2) An order under this section may require the information defaulter—

(a) to do the thing that it appears he failed to do within such period as may be specified in the order;

(b) otherwise to take such steps to remedy the consequences of the failure as may be so specified.

(3) If the information defaulter is a body corporate, a partnership or an unincorporated body of persons which is not a partnership, the order may require any officer who is (wholly or partly) responsible for the failure to meet such costs of the application as are specified in the order

 

 

the whole thing is here it may be usefull to read more of it

 

Consumer Credit Act 2006 (c. 14)

[k65]

i will dig a bit further into this later possibly tomorrow as i am preparing to attend court on friday and need to get my own paperwork in order

regards k65

[Under Siege]

I sent the second letter by special delivery along with a copy of the first letter that I originally sent by recorded.

Today I have recieved a very threatening letter, not aknowledging any correspondence from myself.

It mentions - "Statutory demand being prepared"

being made bankrupt and all the consequences such as "all bank accounts being frozen" , "assets being disposed of" etc

this is one of the most threatening letters that I have ever recieved. I am livid

Due to the fact that they are ignoring my letters "which have been delivered" what should I do now?

Who would be the best people to complain to?

[Under Siege]

bump:)

[Curlyben]

I'd give Trading Standards a call for starters.

[k65]

if you have pod's for these letters (proof of delivery) i would write stating there failure to respond to your letters will be used in any defence you may need to submit,enclose copys of the proof of delivery.

[Under Siege]

I have proof of delivery for 2 letters requesting a statement.

I have been passed on to "Salisbury Litigation Management" which is the same address as Tenon and I have received several letters ranging from bankruptcy threats to CCJ,s and home visits.

 

Should I just keep ignoring them? after all I have proof of a ligitimate request for a statement.

[gypsumsif]

dear peeps @ Salisbury Litigation Management,

 

i don't acknowledge any debt to you or your client

 

cheers for your letter dated ****

 

please be advised that i contacted your client (1st DCA) and requested futher information under the legislation contained within (ask a mod to give you details of what laws you are using here). please note that this was delivered by recorded delivery on ****. as i have received no response from your client this debt is now in dispute. any legal action you initiate will be vigorously defended on this basis.

 

to this end i would like you to note that i will not enter into any further communications with your company on this matter, unless and until my request is actioned.

 

yours,

 

also send them copies of your letters. i wouldn't bother with proof of postage, if they don't believe you, its their look out.

 

ps. im still kind of a noobie at this. wait till someone else confirms what i said. but i wouldn't worry mate. you've done everything correctly, keep the moral high ground!

 

good luck.

[Under Siege]

Thanks gypsumsif

[spiritgirl59]

Hi Under Siege

 

Just subscribing to your thread.

 

Make sure you keep copies of everything you send so that if this goes further you have proof that you have attempted to handle this matter in a professional way despite all the threats issued against you!

 

As Curlyben suggested to you I would most definitely contact your local Trading Standards about these comedians:mad:

 

Good luck

Love Spiritgirl x

[singledadsaremorefun]

Oh I had one of these letters this week. I own £1000.

 

I fell behind with my payments, bit of a struggle and all that. I have paid £350 off so that they cant proceed with a petition of insolvency. I intend offering a £100 pm. If they refuse I will let them proceed with the action and defend it saying that they are being unresonable.

 

You have 18 days to apply to have the petition set aside.

 

Other points of interest might be(and I dont know for sure) could be that you were promised the earth by the Yell sales Rep. (yes you will definately get lots of business from the advert etc) Perhaps you could then claim misselling.

 

I might even try that. Thoughts or suggestions appreciated.

 

I havent lost any sleep over this letter, im going to Florida in a few weeks and intend sending them an anonymous postcard saying guess who.a

[Agent Mulder]

I would go with something like. i do not acknowledge any debt to your company. please send, as a matter of urgency, all details including, but not limited to statements and a complete breakdown of charges to date.

on reciept of your paperwork and i have proof this debt is mine, i will contact you again with regards to repayment of this debt

 

And don't sign it. Type out your name instead.