Eversheds Letter

10past6

I have to dash, if you have any questions, I'll be back later

dollydo

Hi 10past6,

Have sent sar request to eversheds with a £10 chq from me ( not the account holder -thats dh) . He has signed the letter as you suggested. So thanks for the tip!

Can I just ask, is the 40 days for the relpy 40 working days or just normal days?

Is it unusual for a company such as evershed to recommend we ask for the CCA, as this to me indicates that they already have a copy!! The account was opened in 2000 with MBNA.

We will pay the debt if it is ours, however, in the 3 years since we thought we had paid it off we have never received a statement from MBNA or any DCA activity. If it is as RAS suggested an interest amount from when we closed the account and the rest is just charges can we offer to pay just the interest amount to eversheds.

Thanks for all your help !

fermi

40 normal days.

dollydo

Have now sent the Sar request and it has been received by Eversheds, however today we have received another letter stating that because we have refused to pay, they will now without further warning either proceed with court action or send round a collection agent.

Can they do this why we are disputing the debt? If we can see we are liable, then we will pay, but just not until we can see where the debt came from.

The idea of going to court or having someone come round to the house is upsetting me. Are any of these activities likely?

Is there anything else we can do?

Thanks for all the great advice so far.

Jesthar

Hi dolly,

Can't give an definitive on the threatening action which a debt is being disputed being legal ornot, sorry, but remember - if they DO turn up on the doorstep, they have no more legal right to talk to you or enter your property than the paperboy. Therefore, not only do they have no right of entry, but if they don't remove themselves from within your property boundaries when ordered to do so, they are breaking the law and you can call the police and report them for trespassing.

Also, have another look at the letter they sent. If it just says they 'may' take legal action, then they are probably trying it on with the scare tactics again.

~Jes

10past6

dollydo wrote: »

they will now without further warning either proceed with court action or send round a collection agent

Write to them heading your letter "FORMAL COMPLAINT"

Include this in your complaint:

Dear xxxx

Account Ref xxxx

Please be advised that I will only communicate with you in writing. I have noted your repeated attempts to contact me by telephone over the past few weeks/months and these have been duly logged by time and date.

Furthermore, should it be your intention to arrange a “doorstep call”, please be advised that under OFT rules, you can only visit me at my home if you make an appointment and I have no wish to make an appointment with you.

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, police attendance.

Yours faithfully/sincerely,

You should also include they are in breach of OFT guidelines, which clearly state:

2.8 Examples of unfair practices are as follows:

i. failing to investigate and/or provide details as appropriate, when a debt is queried or disputed, possibly resulting in debtors being wrongly pursued

Give them 7 days to reply, if they failt to reply inform them you will contact SRA / OFT / FOS / TS

dollydo

Thanks all,

I have sent the sar and the formal complaint and evershed banked my cheque a few days ago.

Today I have received a letter saying - we have been chosen by Eversheds to receive a discount of 10% if we pay the remainder of what we owe by 17th May.

Do you think this is because we they have not got the correct papaerwork? Does this offer affect the fact that we have requested the SAR. It just seems a very strange thing to do.

Any thoughts?

mrstheking

I'd sy they're just trying everything they can (scare tactics, special offers) to make you just back down and pay.

If you've requested the info from them hold tight till they get it to you (or don't more likely) and try not to worry x

10past6

dollydo wrote: »

Any thoughts?

The SAR request is a legal request which they cannot avoid complying with.

Ignore the toilet paper offer

dollydo

Hi 10past6

More calls and letters from Eversheds!!! although we have requested the SAR and sent the formal complaint, the calls are growing in number to at least 6 a day!!

We have also received another letter today, stating that as we have not responded to any letter Blah,blah blah.....and they now have withdrawn the 10% discount and they now intend to issue a CCJ or send someone round.

We have had no response regarding the sar and the deadline is in another 2 weeks.

Shall we just sit tight and see if we get a response to our SAR or are they likely to issue court proceedings - really don't want to go down this route for £200 (ish).

Thanks for all the advice - I think I would have starved this month and paid it if it wasn't for you guys. (although we are still sure we do not owe anything)