Eversheds Letter

Jesthar

JellybeanAddict wrote: »

Can you tell me more about these letters / forms?
My daughter is working overseas but they have my address as her UK contact base and I am constantly receiving annoying and impolite phone calls from them despite me telling them she will not be here until October. I have asked them to communicate in writing so that I can forward it but I think they are deliberately deaf - or as you say, incompetent!

Oh, they are deliberately deaf! :rolleyes:

Apologies, being a Mortgage Free Wannabee rather than a Debt Free Wannabee I don't know where the appropriate form letters are located, but there are plenty of lovely people around here who do - anyone around who can help, pretty please?

~Jes

10past6

JellybeanAddict wrote: »

I am constantly receiving annoying and impolite phone calls from them

Amend & send the following letter by recorded delivery

Dear Sirs

Harassment by telephone

Account Number: XXXXXXX

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 am of the view that your continued 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.

Be advised that any further telephone calls from your company will be recorded. (**Even if you don‘t yet have recording equipment!!**)

I request confirmation that my telephone details have beem removed from your databases.

Yours faithfully,

dollydo

Hi 10past6,

Yes we both had free credit checks at the beginning of the year, no debt to MBNA was present.

Could it show on a different report. We used Experien.

10past6

dollydo wrote: »

Yes we both had free credit checks at the beginning of the year

If you entered any phone details when completing your free CRA report there's every chance that's where they've got your mobile number from.

10past6

dollydo wrote: »

Could it show on a different report. We used Experien.

Yes, it could well do, not all creditor's use the same CRA

dollydo

Hi,

The story continues !!!!

Today, we have recived another letter, this time confirming that they have received our letter and letting us know that the debt relates to an MBNA card opened in 2000. They have said that if we require a copy of the agreement, then they will obtain it from their client for a fee of £1. ( I am asumming they mean the CCA)

Now, I am going to send them a request for the CCA and include a chq from me ( not my DH - is this ok ?) Also, We want proof of the debt, as we are not saying that we didn't have an MBNA card, we did, but we thought we cleared it in 2006.

Do they have to produce a statement etc as we do not know where the amount we owe comes from?

Thanks for all your advice, so far, so good !!!

10past6

Hello dolly

Because this alleged debt is going to be subject to dispute, you should make a SAR, this will show all activity on the account, it also requries them to provide a copy of the alleged agreement, the downside, it will cost you £10.00, and they have 40 days to comply:

Data Protection Act 1998 Subject Access Request

Dear Sir/Madam

Account number: xxxxxxxx

Please send me the information which I am entitled to under section 7(1) of the Data Protection Act 1998 in relation to detailed occurrences relating to the account Numbers xxxxxxxx and xxxxxxxx-x

The following is by no means an exhaustive list but in the main this is what I require.

Please supply me with a complete list of transactions and charges relating to ALL accounting history with your organisation.

Additionally, all records you hold on me relevant to the above accounts, including but not limited to:

1. A transcript of all transactions, including charges, fees, interest, repayments and payments and both the original amount of the loan and any repayments made to the account.

2. Transcriptions of all telephone conversations recorded and any notes made in relation to telephone conversations by your company

3. Where there has been any event in my account history over this period which has required manual intervention by any person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to my account. If you are unable to supply this data because there has been no such manual intervention, then please be so kind as to confirm this in your response

4. True copies of any notice of assignment and/or default notice or enforcement notices that you may have sent to me, with a copy of any proof of postage that you hold.

5. Documents relating to any insurance added to the account, including the insurance contract and terms and conditions, date it was added and deleted.

6. Details of any collection charge added to the account; specifically, the date it was levied, the amount of the charge, a detailed financial breakdown of how the charge was calculated, and what the charge covers.

7. Specific details of the fees/charges levied by any other agency in respect of these accounts and a detailed breakdown of said fees/charges and what each charge relates to and on what date said fees/charges were levied.

8. A genuine copy of any deed of assignment, or proof that you have a legal right to this money.

9. A genuine copy of any notice of fair use of my data as required by the Data Protection Act 1998

10. A list of third party agencies to whom you have disclosed my personal data and a summary of the nature of the information you have disclosed.

11. A copy of all account statements for the duration of the agreement.

12. Please would you also advise me of the logic involved in any automated decisions taken by you about me pursuant to section 7(1) (d) of the Data Protection Act 1998.

13. A True copy of the consumer credit agreement section 77-79 of the Consumer Credit Act of 1974.

Any other information relating to the account.

I enclose the statutory maximum fee of £10. You have 40 days in which to comply. Furthermore, if I discover that you have levied disproportionate penalties against me, I shall be reclaiming them, and reclaiming the enclosed £10 Data Protection Act subject access request fee.

If there is specific information which you require in order to satisfy yourself as to my identity, please let me know by return. However, please note that the above address is the one which you normally use to communicate my private business to me and which you have found to be acceptable.

Jesthar

Hi dolly,

About the payment - as long as you don't use a cheque signed by the debtor, you should be OK. However, you may want to get a postal order just to be on the safe side - giving these scum any kind of signature may not be wholly wise!

~Jes

dollydo

Thanks 10past6.

Have copied the letter, ready to send tomorrow!! Do you think a chq from me would be ok to enclose. Do not want to give them DH's signature.

Many thanks for all your help.

10past6

Jesthar wrote: »

as long as you don't use a cheque signed by the debtor

dollydo wrote: »

Do you think a chq from me would be ok to enclose. Do not want to give them DH's signature.

When you make an SAR request, it's the ONLY time a signature IS required.

When you sign the SAR letter, enter a couple of XXX accross your signature.

If you know anyone that could issue a cheque for you, that would be a better idea.

If you have to issue a cheque, again, enter a couple of XX accross your signature