Frightened about my future - part 2.

never-in-doubt

G'Nite to all those going.... Ann, your complaint letter regards to the visit will be here in morning and i'll also PM you the link to it.

I've noticed you also PM'd me some other issues, i'll sort these now for you.....

Sweet dreams all - chat when you're back up and around :beer:

never-in-doubt

Hi Ann

From your PM - my response is shown in red.....

mouseann wrote:

Also, on a less urgent note – which I think do not warrant any action is

· a letter from Santander/Laura Ashley telling me that if I do not pay up they will refer the account to Viking Collection Services.

Let them! :rotfl:

· John Lewis (again an outstanding CCA because of a signature query) saying that the account may be passed to a Collection Agency and that there will be a charge if this results in a home visit!

Whoopdie doo's - they cannot do anything until they comply!


Ann

Basically let them sell the accounts and then simply respond to whoever writes to you (i.e. the new DCA) with this: Account sold - whilst in Default of CCA Request

di3004

Watering the plants, I realised there was a spider crawling over me.......:eek: and the fuss I was making in the garden......:o, my neighbours probably think we are all mad here.......:o:rotfl:.

never-in-doubt

Hi Ann

This is on my thread as well - here: #56

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This is what you should send to Resolve, with a copy being sent to Mercers (just a cover letter saying FYI will suffice). Make sure you also copy the 3 letters below, and send a copy and mark them as indicated below, so they know what you're speaking about.

As you can see, we're trying for some free money (yea there is such a thing lol)..... they may say no, to which we'll then take it higher - now i've got the bit between my teeth we'll fight this for a bit, it'll be funny and should result in a few hundred quid for you

Dear Sirs,

Account No: XXXXXXXX

I write with reference to the above numbered account, and recent correspondence from yourselves and your client, Mercers.

I shall start by providing a little background, for reference and ease of understanding. I received a letter from Mercers dated 8th June 2010, using account number ending: 7008. This was a default notice which allowed provision to bring the arrears up-to-date by 25th June 2010 prior to any "other action" being taken. Then, on 17th June I received a letter from Resolve dated 15th June 2010, using account number ending: 8772. As you can appreciate, long before the original deadline given of 25th June irrespective of the obvious mistake with account numbers, I am still well within the default period which clearly states that you are not permitted to take any action until either the breach (i.e. default) has either been remedied or disregarded and defaulted.

Regardless of whether I was going to respond to the default notification, you have still broken varying laws by actively pursuing this account whilst it is a) Unenforceable in line with s.127(3) CCA1974; and b) in dispute with the original creditor; and c) within the default period in line with s.87(1) CCA1974 - In a nutshell, no enforcement action is allowed until at least 25th June 2010 - funny, todays date is 22nd June yet i've already had several [STRIKE]letters[/STRIKE] threats and a doorstep visit!

I note from the letters that you're specifically referring to different accounts which puzzles me, because on Friday 18th June 2010 I received a visit from an agent of Resolve who left me a letter, using account number ending: 8772 but the amounts were incorrect, on second glance I should have paid the full balance owing which would have left me clear of this account, but at an obviously incorrect amount. However, as i've already made clear above this account is in dispute with the original creditor and as such you are not permitted to take any action whatsoever.

Let me enlighten you; the following attachments to this letter clearly explain my position:

Mercers 1 - This shows account ending 7008 with arrears of £679.53 and a total balance owing of £11,053.02

Resolve 1 - This shows account ending 8772 with arrears of £679.53 and a total balance owing of £11,053.02

Resolve 2 - This shows account ending 8772 with arrears of £233.18 and a total balance owing of £679.53

I think the evident mistakes are clear to see, with my brief explanation above.

May I refer you to previous communication between myself and Barclaycard (the Original Creditor) and Mercers (the DCA). I have on numerous occasions, informed them that I am unwilling to communicate by phone or in person and that any attempted communication should be in writing only. Are you aware that such a request, under OFT Guidance on Debt Collection, means you are to obey any such reasonable request? My request was quite reasonable, and simple within itself, the context of which was clearly legible and stated that if it is your intention to arrange a doorstep visit, you are 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 such an appointment with you.

I hereby place you under notice that if I receive any further calls or visits from your organisation I will take immediate legal action against you. Similarly; if you start to harass me via intimidating phone calls, I may without further notice ask the court for permission to bring a private criminal prosecution against the directors of your firm. I also formally place you under notice, s.7 DPA(1998), thus you must immediately and without delay update your records to reflect my request to remove all telephone numbers listed notwithstanding the major fact that I do consider your actions to be a significant breach of the law. I also reserve the right to seek an injunction against your organisation should the harassment continue and I similarly reserve the right to bring a formal complaint against you to OFCOM, the Police, The FOS, the FSA and the OFT along with any other relevant regulatory Bodies. Further, please note that this letter constitutes a formal complaint and, should I not receive a satisfactory response to this complaint within 7 working days from the date of this letter, I will seek adjudication from the regulatory organisations noted above.

There is 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 & Short Ltd [1959] 2 QB 384. 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, you will be liable to damages for a tort of trespass and action will be taken, including but not limited to, police attendance.

My final point is linked to the doorstep visit of Friday 18th June 2010. Being that this was harassment, in every way possible, I expect your reasonable offer of recompense to be forthcoming. I shall, if necessary report you to the governing bodies mentioned who may also consider action, if appropriate. The fact you sent round a 7 foot tall beast of a man (I am a frail old lady by the way) to *obviously* intimidate and scare; shows clear harassment intimations, which will not be tolerated. You were also in default of your own s.87 default notice warning by actively pursuing enforcement on an undecided debt, still within the default period.

Yours faithfully




Sign digitally

never-in-doubt

a little 3.15am bump back to page 1

swanfan02

Good morning everyone:)

never-in-doubt

swanfan02 wrote: »

Good morning everyone:)

Good afternoon matey :beer: :beer:

Ok, Ok - I know it's not afternoon, but it feels like it to us that've been here all night :rotfl:

swanfan02

never-in-doubt wrote: »

Good afternoon matey :beer: :beer:

Ok, Ok - I know it's not afternoon, but it feels like it to us that've been here all night :rotfl:

Yeah but have you been working or watching ahem dodgy films!:eek::p

never-in-doubt

swanfan02 wrote: »

Yeah but have you been working or watching ahem dodgy films!:eek::p

sorting through 500 emails and my unenforceability thread mate - nothing so spectacular i'm afraid

swanfan02

never-in-doubt wrote: »

sorting through 500 emails and my unenforceability thread mate - nothing so spectacular i'm afraid

:eek:500 emails, would take me a week to sort through that lot. Don't know how you do it matey.:D