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  • Thank you all for help. Because there is no contact with Resolve Call, should I sent the Harrassment Letter to TM Legal? I am thinking to reply to their email also with the same Harrasment Letter. Because they are so cheap and rarely send out any letter.

    nightwatch Resolve Call is doing nothing, I am in contact with DCA. I always reply to their emails but I don't pay them.

    Btw, will they call me before their visit? Or they just knock at the door hoping someone will answer.

    Comment


    • I would not reply to any emails, they must send anything legal by post.

      You say you received a CCA did you get it checked out by Niddy?

      OK just noticed it was sent in an attachment that you couldn't open.

      No resolve call don't phone, just turn up, but sometimes they send a card to say they will be calling sometime in the next week, they may phone instead of a home visit
      I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

      If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

      Comment


      • Hi
        If they do turn up then you just say you are not prepared to discuss it on the doorstep and all communication must be in writing. While it is not a job I could do, these agents are generally just trying to earn a living and deserve the same respect and courtesy you would also expect from others

        Comment


        • Originally posted by Warwick65 View Post
          Hi
          If they do turn up then you just say you are not prepared to discuss it on the doorstep and all communication must be in writing. While it is not a job I could do, these agents are generally just trying to earn a living and deserve the same respect and courtesy you would also expect from others
          They would be better respected if they did a different job and worked hard as a normal hard working manual worker not the back door collection agents = there is a term for them xxxxxxxxx
          I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

          If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

          Comment


          • Originally posted by Caesar View Post
            Thank you all for help. Because there is no contact with Resolve Call, should I sent the Harrassment Letter to TM Legal? I am thinking to reply to their email also with the same Harrasment Letter. Because they are so cheap and rarely send out any letter.

            nightwatch Resolve Call is doing nothing, I am in contact with DCA. I always reply to their emails but I don't pay them.

            Btw, will they call me before their visit? Or they just knock at the door hoping someone will answer.
            They turned up at my home address .That was after me sending a modified version of the doorstep template. (cheeky buggers) Still waiting on another visit from them concerning another account. Sent the template for this one as well. However fully expect they will turn up again. No worries tho. same as last time they will be told NO Thanks please leave close the gate have a nice day. Job Done

            Comment


            • Thank you all for help. Is it worth to send Harrasement template if they ignore it? And they turn up anyway.

              Comment


              • Originally posted by Caesar View Post
                Thank you all for help. Is it worth to send Harrasement template if they ignore it? And they turn up anyway.
                Its always wise to create a paper record on your file! Contrary to their opinion they do not have the right to pester you!
                Everything in writing.

                Least said the better!
                As stuckinaru said NO thanks, close the gate on the way out, Have a Nice Day.

                Comment


                • Originally posted by Caesar View Post
                  Is it worth to send Harrasement template if they ignore it? And they turn up anyway.

                  Sending a field agent would not be considered as harassment (unless they sent one every week ).

                  It's often done to establish whether you actually live at the address they have on record, especially if communication has been by email.

                  It's an awkward moment if they do show up, but no big deal in the grand scheme of things.

                  Di

                  Comment


                  • Originally posted by Diana Mayhew View Post


                    Sending a field agent would not be considered as harassment (unless they sent one every week ).

                    It's often done to establish whether you actually live at the address they have on record, especially if communication has been by email.

                    It's an awkward moment if they do show up, but no big deal in the grand scheme of things.

                    Di
                    If the agent is relying on the standard condition in a consumer credit agreement which roughly says that in the event of non payment they can instruct debt collectors, would it be the case that anyone who has made a s78 request and has either not received their CCA ,or a version which is unenforceable, could argue that the field agent does not have the right to turn up at their door making enquiries about payment on the basis that they do not have a valid CCA which incorporates that condition? Genuine question.

                    Comment


                    • Originally posted by Downtrodden View Post
                      If the agent is relying on the standard condition in a consumer credit agreement which roughly says that in the event of non payment they can instruct debt collectors, would it be the case that anyone who has made a s78 request and has either not received their CCA ,or a version which is unenforceable, could argue that the field agent does not have the right to turn up at their door making enquiries about payment on the basis that they do not have a valid CCA which incorporates that condition? Genuine question.
                      This sounds like a certain old site theories utgghhh!!!
                      I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

                      If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

                      Comment


                      • Originally posted by The Tech Clerk View Post
                        This sounds like a certain old site theories utgghhh!!!
                        I wouldn't know because I don't belong, and never have belonged ,to any other site. I joined on the AAD+ membership because I wanted help with my particular problem, but so far I seem to be having problems with you. I now am unable to post my own problem because of the responses I am getting from you. I was trying to make some suggestions for Caesar because I think I am about to go into a similar situation as them.

                        Comment


                        • Originally posted by Downtrodden View Post
                          I wanted help with my particular problem, but so far I seem to be having problems with you. I now am unable to post my own problem because of the responses I am getting

                          Hello Downtrodden

                          I'm happy to help you with your particular problem.

                          Would you like to start a thread of your own and I'll post on there.

                          I look forward to helping you.

                          Di

                          Comment


                          • ...


                            Last edited by Downtrodden; 13 September 2019, 09:38.

                            Comment


                            • Originally posted by Downtrodden View Post
                              . . case that anyone who has made a s78 request and has either not received their CCA ,or a version which is unenforceable, could argue that the field agent does not have the right to turn up at their door making enquiries about payment on the basis that they do not have a valid CCA which incorporates that condition? Genuine question.
                              Here's my genuine answer

                              Only a Judge can rule a credit agreement unenforceable in law.

                              When making that decision (in court) a Judge has to be persuaded by the Defendant that the credit agreement doesn't comply with the required sections of the Consumer Credit Act.

                              Section 77/78 is for 'information purposes' not 'proof purposes'. So the creditor or subsequent debt purchaser can produce 'something' to satisfy that section of the CCA, but whether that 'something' complies with other sections (e.g. s61) is a different matter.

                              There's also more to a debt being unenforceable than just the credit agreement. In some cases you can have a perfect credit agreement but if the Default Notice is 'bad' then the claim can be dismissed.

                              This was the case with Santander v Mayhew (me ) where I lost on s78 but won due to an invalid Default Notice. Read Paras 11 and 13 of the judgment to see what I mean >

                              https://www.bailii.org/ew/cases/Misc/2012/14.html

                              Di

                              Comment


                              • ...
                                Last edited by Downtrodden; 13 September 2019, 09:40.

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