Not sure what to do next

[ATRO]

Re: Not sure what to do next

Oh yes please, and thankyou so much for the time you have put in already!

[Never-In-Doubt]

Re: Not sure what to do next

Hiya

Ok quick question.

1. How old (approx) is your mum - it's important
2. Did she definitely pay 31 payments of £35 - how come you remember this?
3. What bank were the cheques she wrote, issued from?

Leave with me - ill sort before midnight for you and give full explanation ok?

[ATRO]

Re: Not sure what to do next

1. She is 60 on Wednesday
2. She was paying £35 per payment and the difference between the amount they were claiming back then and now is £1085 which is the equivalent of 31 payments.
3. Cooperative bank.

Thanks again, maybe I'll sleep tonight.

[Never-In-Doubt]

Re: Not sure what to do next

1. She is 60 on Wednesday
2. She was paying £35 per payment and the difference between the amount they were claiming back then and now is £1085 which is the equivalent of 31 payments.
3. Cooperative bank.

Thanks again, maybe I'll sleep tonight.

come back in couple of hours - it'll be fine

[garlok]

Re: Not sure what to do next

Hi mate brilliant stuff for ATRO, thanks for coming in so quickly.

regards
Garlok

[Never-In-Doubt]

Re: Not sure what to do next

Hiya

Ok you need to post this from your mum - at the moment you do not need to do anything, nor do you converse with them about anything.

Basically once they realise what a fuck-up they've made they'll remove all payments made onto the account and then - and only then - do we go back and hit em with the Statute Barred debt for you, which will be the case.

As you can see i'm trying to get your mum just shy of 2 grand so fingers crossed eh?

Dear Sirs,

Ref: XXXXXXX

I write with reference to the above numbered account, that you seem to think belongs to me. I would like to start by clarifying my personal details, so you're quite certain that I am not the debtor in question:

Enter Full Name
Full Address 1
Full Address 2
City
Postcode

Ok, now you're happy I am not the person that owes this money I'd like to question why in 2006 you hassled me into paying towards this debt, that you knew full well was nothing to do with me? I recall querying this at the time but was going through enough problems of my own that I really didn't pick up on the fact that this was never my account and therefore the 3 years of payments I made, were actually unlawfully collected by you.

As you're no doubt aware, I have since sought more sound advice and as such feel totally abused by your position and am considering legal action against you, that aside imagine the national press coverage of "how a debt collection firm stole money from a female pensioner for a debt that was actually owed by a young man, almost 30 years her junior" - I don't think it's exactly what you would call compelling reading, for your company, do you?

Now, as is clear I did make 31 payments of £35 into this account and these were paid monthly via cheques from my Co-Operative Bank account, therefore the illegal sum paid by me totals £1085. Interest on this principle sum should also be paid at a rate of 8% statutory per annum meaning for the 1096 days at £0.24 interest per day; the principle sum needs £260.64 interest added meaning the new total owed by you, to me stands at £1345.64.

However, due to the severity of your breaches and possible litigation against you, I also feel an extremely generous offer of compensation should also be considered. I suggest somewhere in the region of £500 - the same cost that you'd be borne with should I escalate this to the Financial Ombudsman.

Do not be mistaken, I will not let this go - I am absolutely appalled at the way you've behaved and really want to take this as far as I can, however in order to put things back to the position they ought to be, a full refund of monies received, with interest and compensation will be enough for me to agree to walk away from this with the added promise that I will not take it any further and agree to drop it. Failure to agree will result in my taking this as far as possible including, but not limited to, possible legal action for recovery of my money and formal complaints to the OFT, ICO & FOS with a full report of accounts being sent to my editor friends in the press.

For your reference, I'd like to remind you that the OFT have clear guidelines regards to this type of behaviour and I strongly urge you to read as such, and pay close attention to the following points;

2.2

f. Contacting debtors at unreasonable times
g. Ignoring or disregarding debtors' legitimate wishes in respect of when and where to contact them, for example, shift workers who ask not to be telephoned during certain times of the day

2.4

b. Falsely implying or stating that action can or will be taken when it legally cannot
e. Falsely implying or stating that failure to pay a debt is a criminal offence or that criminal proceedings will be brought

2.6

a. Contacting debtors at unreasonable times and at unreasonable intervals
c. Using more than one debt collection business at the same time resulting in repetitive and/or frequent contact by different parties
d. Not ensuring that an adequate history of the debt is passed on as appropriate resulting in repetitive and/or frequent contact by different parties
e. Not informing the debtor when their case has been passed on to a different debt collector
f. Pressurising debtors to pay in full, in unreasonably large instalments, or to increase payments when they are unable to do so
g. Making threatening statements or gestures
h. Ignoring and /or disregarding claims that debts have been settled or are disputed and continuing to make unjustified demands for payment

2.8

i. Failing to investigate and/or provide details as appropriate, when a debt is queried or disputed, possibly resulting in debtors being wrongly pursued
k. Not ceasing collection activity whilst investigating a reasonably queried or disputed debt

I expect a cheque and full apology to be sent to me at my home address within the next 21 days.

Yours faithfully,


Sign Here

[Deepie]

Re: Not sure what to do next

do not sign digitally......:niddy

[ATRO]

Re: Not sure what to do next

Thanks very much for all your help! Will report back if and when we get any response.

[Never-In-Doubt]

Re: Not sure what to do next

Thanks very much for all your help! Will report back if and when we get any response.

best of luck and whatever you do, dont be tempted to change the template - it's deliberately worded like it is.....

[BBoo]

Re: Not sure what to do next

I take on board the request not to change the template. I assume certain very potent bits have been deliberately omitted?

[Never-In-Doubt]

Re: Not sure what to do next

I take on board the request not to change the template. I assume certain very potent bits have been deliberately omitted?

.... And "suggested"....

[malamute]

Re: Not sure what to do next

Superb letter Niddy! Look forward to seeing the result on this one......

[CleverClogs (RIP)]

Re: Not sure what to do next

Also when and why did you do a cca? And most importantly what template did you use (I do hope it's not that old one from CAG that admits the debt)!

If the alleged debt was already SB, then any subsequent acknowledgement cannot revive it.