Excel Counselling, any experience of them?

LilyBart

Hello everyone,
We've had a letter from Excel Counselling, informing us that they have been engaged by the secured loan people (who know full well that we are bankrupt) to "resolve" our dispute and suggesting a meeting with them back at the house we left in May and are handing back to the mortgage holders. Billy fired off his standard "talk to the OR 'cause the bankrupts ain't listening" email to them, but I wonder, how heavy is this going to get? The letter was addressed to our new home - proving that the secured loan people have received at least one of the letters we sent informing them of our position - and although it was notably more polite in tone than any communication we've received from the secured loan people, will they now turn up here? If they did, would that not constitute harrassment? Besides, what on earth are they expecting to achieve?
Lily
ps that blonde on the boat? I reckon 'twas a lady-boy.

k2nga

I would just send the letter to your OR as they should sort that and maybe call or send a letter with it explaining your concerns about this. Like you say they have nothing to achieve from it and yes unless they back off its harrassment.

tigerfeet2006

Billy is right. This is now in the hands of the OR and you don't need to talk to them at all. If they come to your door just politly give them your BR details and ask them to leave. If they don't then close the door on them and ignore them. They have as many rights as the paper boy.

blind-as-a-bat_2

Until the house is gone the secured loan still stands so the im a bankrupt will be egnored.

However all anyone can do is start repo on your old house and they have no legal right to visit you at your new home.

So in short dont worry, but i will see if i can find any info on them

LilyBart

Thanks, but I'd rather they didn't turn up in the first place, school holidays and all that. Will definitely inform the OR - we seem to be in daily contact at the moment - but still interested to see if Excel have "previous" on this board. Bat, thanks in advance for the research. Trouble is, neither Billy nor I have heard from the mortgage company so we can't chivvy them along. Phil, yep I'm certain. Look at the shoulders.
Lily

LilyBart

ps I would have thought that "I'm bankrupt" would at least indicate that there is absolutely no money to come after us for!

blind-as-a-bat_2

I knew that name rang a bell:D The TSB tried to send them after my OH I sent them this

Excel Reference

Dear Sir/Madame
In reference to your correspondence dated xxxxxxx please be advised that on the xxxxxxx the alleged account the xxxxxxxxx has asked you to visit regarding entered the status ‘in dispute’ pending the compliance of the xxxxxxxx to a request for a valid CCA under the relevant acts.

You are herby informed that any action you intended to take must cease until such time as this request is fulfilled, as required under said acts. Failure to comply WILL result in further action being taken against yourselves and the xxxxxxxxx.

Please also be aware that the xxxxxxxxx where also informed the following, and I quote-

“Furthermore regarding threats that a Doorstep Collector will call please be advised 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 including but not limited to, the request of police attendance.

Please also note that having a letterbox on the property does not give you, or anyone working on your behalf, either implied nor expressed rights to enter the properties boundaries consequently any attempt to enter the properties boundaries under the claim of using the letterbox will be dealt with in the manner outlined above.”

Although I appreciate you are not, as yet, acting as a collector you are acting as an agent so as far as I am concerned are included in the above and as such should have already been made aware by your clients of the above, but in the interest of clarity and to prevent a claim of ignorance to the above should you choose to ignore it I confirm 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 it will be treated in the same way as outlined above.
I am also concerned regarding a segment of your website that quotes-

“Where no contact is possible our report will include details of status and trace information from neighbours as appropriate.”

Please be aware that this would be treated as a breach of privacy as laid down in many pieces of legislation, not to mention the human rights act, and possibly a breach of the data protection act should anyone you spoke to understand the purpose of you speaking too them. I am sure I don’t need to go into the serious legal implications to your company should that occur.
However at such time that the xxxxxxxx comply with the requested CCA in full, I am fully willing to cooperate with your company regarding the matter IN WRITING ONLY as I see no reason that this is in any way unreasonable and have to say I am at least suspicious as to your requirement of a home visit, which I strongly feel has other motives than to help someone in financial difficulty as you try to claim.

At no time will a home visit be agreed to regardless of the methods you may choose to try and force one as I am in no way obliged to agree to one and view your attempts to force one as a form of intimidation which I find totally unacceptable.

However even with the above in mind and even though I appreciate you present yourselves as a financial counseling service, you are however employed to serve the creditor, and therefore can not be impartial in my opinion so your services are not required nor welcome by me. And as I am already taking financial advice both from free impartial and professional advice services and other sources I do feel any further correspondence with your company pointless
I hope that makes the position in this matter crystal clear.

Yours sincerely

It was under differant situation though as it was for a personal loan that i had sent a CCA for which they had failed to supply so you will need to change it to suit but gives you the legal bits


Edit ive highlighted the main bits you need in red, but you will need to remove referance to another party

LilyBart

Wow! Your OH is scary-good!

blind-as-a-bat_2

LilyBart wrote: »

Wow! Your OH is scary-good!

No she is not she is lovely, i wrote that for her:p

Im cute and cudly too........until someone pi**es me of:rotfl:


PS its not all my own work some bits where also nicked from here and another forum

LilyBart

Did it work?

blind-as-a-bat_2

Well they never called when they said, and havnt contacted us since put it that way