Debt Collectors allowed to force entry?

hazysunshine

Hi CannyJock!

Thanks for the advice - can you help me with the 'next step' please!

The previous 2 letters I have copied and changed the appropriate information where relevant.

Is there a copy of this letter in these forums? I don't want to write my own if there is a legally rock-solid template I can follow!

Thanks again:T

CannyJock wrote: »

The fact that they haven't replied in writing sounds a bit naive on their part. Anyone with any sense would have read the wording of your letter and realised "oh crap, this guy's not your typical muppet".

You've stated your position very clearly. They're banking on your letter being a bluff and that you won't follow through with any of it. You've no reason to have any further communication with them until they respond positively to your request.

If I was you I'd start working on the next step for the legal action - I'd suggest a very brief letter informing them after the 42 days that under the terms of the CCA they are now in breach and that legal proceedings against them have now been commenced. State that the court will be asked to dismiss their claim and award costs and compensation in favour of your gf.

Then follow through with it

hazysunshine

Hiya!!

Got the following letter today - i'm not sure whether it's following my previous one up, or they sent it anyway - regardless of my response.

COURT WARNING NOTICE

The above overdue account has been passed to our enforcement division due to non-payment.

A county court claim form is due to be served seven days from the date of this notice and any subsequent proceedings would then take place at Kingston County Court.

To prevent these proceedings being entered against you, which will include costs and back datd interest, you must contact the enforcement officer immediately on the above telephone number, in order to discuss options that are available to you.

All cheques, drafts and postal orders must be sent to the above address and be made payable to RUTHBRIDGE LIMITED ensuring that our reference number xxxxxxxx, is clearly stated at all times.

Alternatively, you can make payments by using our CREDIT/DEBIT CARD facilities on he above telephone number.

Your Sincerely

etc....

So i assume this is their usual crap - will my girlfriend get a county court claim against her?

Again - I have not recieved any letter that ever acknowledges my previous correspondences - it's as if they are all taken from their templates.

Thanks in advance

James

silkglade

Wow you've done really well so far... Well done!

1st and most importantly do not EVER give debit card or credit card details over the phone.

There have been alot of horror stories where someone has agreed to pay X amount from their card each month and then a few days after the initial payment has been taken the full amount has then been taken too.

I am sure there is another letter that you can send off to them stating that as they have not replied to your previous 2 letters and a proof of the cca that you can report them for this.. I think there is something on the DFW board.

Good luck and don't give into their bullying letters and phone calls. Make sure you document everything so that IF it does go to court all it will do is highlight where they are breaking the law.

chappers

Yes they may try and instigate procedings against her but the court won't uphold their petition as the account is in dispute, did you send your letters recorded delivery ?
I hope you have kept all the correspondence between yourselves as this could be important in the future.

I would write to them one more time explaining that they are in breach of the cca and that you will be taking action against them, and that you will quite happily defend yourself in court with regards to their breach.
If they do send you a court summons, then fill it in defending the claim . Your defence is that you do not acknowledge the debt and that they have not complied with your request as proof that you owe the debt.You can also get the case assigned to a court local to you.
Then get onto their local trading standards , the OFT and any other professional body they claim to be governed by or are members of.

hazysunshine

Hi Silkglade!

Thank you - its daunting and I don't see how these 'companies' can operate!

I will send another letter as you suggest - the onlt thing I have done wrong is that my girlfriend used her real signature when signing letters to them. I have read elsewhere that you should never sign your real signature - either print your name or do a squiggle.

Can they be as stupid as to forge her signature??!

Cheers

Jimbo

silkglade wrote: »

Wow you've done really well so far... Well done!

1st and most importantly do not EVER give debit card or credit card details over the phone.

There have been alot of horror stories where someone has agreed to pay X amount from their card each month and then a few days after the initial payment has been taken the full amount has then been taken too.

I am sure there is another letter that you can send off to them stating that as they have not replied to your previous 2 letters and a proof of the cca that you can report them for this.. I think there is something on the DFW board.

Good luck and don't give into their bullying letters and phone calls. Make sure you document everything so that IF it does go to court all it will do is highlight where they are breaking the law.

hazysunshine

Hiya

Yes I sent all letters recorded, and have got the post office to send me the proof and the signature used when signed for.

Thanks for the help!

Ill keep you all posted

Jimbo

chappers wrote: »

Yes they may try and instigate procedings against her but the court won't uphold their petition as the account is in dispute, did you send your letters recorded delivery ?
I hope you have kept all the correspondence between yourselves as this could be important in the future.

I would write to them one more time explaining that they are in breach of the cca and that you will be taking action against them, and that you will quite happily defend yourself in court with regards to their breach.
If they do send you a court summons, then fill it in defending the claim . Your defence is that you do not acknowledge the debt and that they have not complied with your request as proof that you owe the debt.You can also get the case assigned to a court local to you.
Then get onto their local trading standards , the OFT and any other professional body they claim to be governed by or are members of.

GeorgeUK

Is it possible to also get proof of the £1 postal order being cashed?
(Never used them, so not sure)
http://www.postoffice.co.uk/portal/po/content2?catId=19400182&mediaId=19900224

Totally agree with what's already been said. You have not acknowledged the debt and they have not shown the debt to be yours, therefore the debt is in dispute.

Definately send copies of all letters and a complaint to trading statndards. Hopefully they will be able to sort these guys out for you. The DCA have the right to take this to court, but they must prove that the debt is yours in the first place.

Good luck.

Voyager2002

No-one has yet mentioned, but it is against the law to harrass people.

Debt collectors are allowed to make contact with debtors: they are not allowed to bombard them with telephone calls, nor send people to their houses to intimidate them. If a debtor writes saying that they are only prepared to discuss the matter in writing, then the debt collector must respect that. The police should certainly act to provide some level of protection, particularly to a woman living alone.

Your GF faces a tricky decision about whether or not to acknowledge the debt. It sounds as if she feels that she is responsible for the original amount, but if she acknowledges it she is likely to find herself liable for most of the charges as well. So she might do better to stall for another six months, until the debt becomes statue-barred. If so, she must NOT write anything that indicates that she accepts any kind of responsibility for the debt; and she must NOT make any payment towards it.

itsnever2lateisit?

jimbojet wrote: »

Hi Silkglade!

Thank you - its daunting and I don't see how these 'companies' can operate!

I will send another letter as you suggest - the onlt thing I have done wrong is that my girlfriend used her real signature when signing letters to them. I have read elsewhere that you should never sign your real signature - either print your name or do a squiggle.

Can they be as stupid as to forge her signature??!

Cheers

Jimbo

I wouldn't put anything past them. The fact that they continue to persue a 'debt' that is in dispute speaks volumes about their conduct, in that it contavenes the Administration of Justice Act 1970. Well done for sticking with it thus far:T hopefully they will carry out their threat of going to court, it wont be in Kingston, but your local court when you file a defence. This will give them the task of travelling to you. All you then have to do is provide proof to the Judge that you had requested the Credit Agreement, that they failed to provide, and in doing so breached OFT guidelines, and further after a period of 42 days did commit an offence under the AOJ Act by continuing to persue a disputed debt.
Remember it is for them to prove that this debt is due, to them, and is not statute barred, not for you to disprove it. Otherwise all the good folks on here could claim that you owe each of us £2000, and unless you can prove you dont............:rotfl:


PS
If you receive a 'summons' please check it carefully for the following

1. Check the envelope, that it has come from the County Court
2. Check that the form has the stamp of the court.

If the frank on the envelope is that of the DCA then all they have done is downloaded the pdf file from the courts website, filled it in, and sent it to you as a scare tactic, it is in no way a correctly served summons and is only useful to use the reverse to write your shopping list on

calibrax

I hope that all the letters etc have been sent as being from your girlfriend and not from you? as they only have to respond to requests from the person who owes the debt, and not a third party...

Also, never discuss ANYTHING with them on the phone once you have started corresponding by letter.

Good luck!