please help with a debt letter

3Demon

Hi , i've got a bit of a problem. I received this letter not so long ago and dont know how to get them to 'go away'.

buchananclark and wells

Mr MARK V Willis

Pursuers: Aktiv Kapital UK Limited
Creditor: GE Capital (First National Tricity Finance)


VISIT BY DEBT INVASTIGATION OFFICER

Dear Mr Willis

We regret to note your account with Aktiv Kapital UK Limited for £***.** remains outstanding.

You were informed in our last correspondence of impending court action. As
a consequence of your failure to contact us and agree a resolution to this long outstanding matter, we must advise you that we are left with no option
other than to proceed with a Personal Visitation by a Debt Invastigation Officer to your home address, in order to discuss and agree repayment of the debt.

yours faithfully

For and on behalf of
Buchananclark and wells.

I have spoken to these people a couple of times and they claim i bought a tv when living at a previous address. I know this to be false, i never bought a tv at the address. I've basically ignored there demands for years but they wont leave me alone. Any help with this matter would be greatly appreciated, i dont want the greedy bankers to make any more money from my apparent debt. Surely they must provide proof of this debt and/or indeed the transaction. Many thanks, Mark.

fermi

Please click the button and remove the reference numbers and the amount.

Debt collectors do read these boards.

I will be back in a sec with a letter.

fermi

Here we go...........

1 High Street,
Newtown,
Kent
R21 4RH
October 9, 2007

The Loan Company
Company House,
Church Street,
Newtown,
Kent,
R1 7HG

Dear Sir/Madam

Ref: xxxxxxxxxxx

You have contacted us regarding the account with the above reference number, which you claim is owed by ourselves.

We would point out that we have no knowledge of any such debt being owed to The Loan Company.

We are familiar with the ‘Office of Fair Trading Debt Collection Guidance’ which states that it is unfair to send demands for payment to an individual when it is uncertain that they are the debtor in question.

We would also point out that the OFT say under the Guidance that it is unfair to pursue third parties for payment when they are not liable. In not ceasing collection activity whilst investigating a reasonably queried or disputed debt you are using deceptive/and or unfair methods.

Furthermore, ignoring and/or disregarding claims that debts have been settled or are disputed and continuing to make unjustified demands for payment amounts to physical/psychological harassment.

We would ask that no further contact be made concerning the above accounts unless you can provide evidence as to our liability for the debt in question.

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.

We also notice the OFT have recently placed requirements on several debt collectors. Specifically that collection activity and enforcement while any debt remains queried or disputed should not be undertaken.

We await your written confirmation that this matter is now closed. Otherwise we will have no option but to make a complaint to the trading standards department and report your actions to the OFT.

We look forward to your reply.

Yours faithfully





Mrs A N Other

maiseymoo_2

Hi,
I had one of these years ago when I first moved in, (before I was in debt!! it was the previous tenants debt, bad omen, eh? )
Anyway, I reported it to the police and got an incident number, then when the baliff turned up I told him to contact the local police station and gave him the incident number. That sorted it, I didn't hear from them again and it was over 8 years ago now.
Good luck anyway.

fermi

Here, a "debt investigation officer" is not a bailiff.

They person has no legal powers at all.

Should they turn up you just tell them to "bu**er off". If they refuse you call the police.

But 99% of the time no-one appears. It is usually bluff to scare you.

3Demon

thankyou very much for your help, ill hit 'em with it and see what happens

debtfreenewbie

This company have been busy I have received a letter from them for a debt I think is about 10 yrs old. There are a few others that have mentioned this company.

I have not responded at all to this company.