Lola girl UE diary...newbie!

[Still Waving]

Thanks for the letter. I will send recorded tomorrow and hopefully they will get it (and read it!) before the appointment which is only a few days away. I only received their letter today!

if someone does turn up are they likely to speak to my daughter about it or try and enter? I really shouldn’t have to be prepping my young daughter about debt doorstep collectors

They should not speak to anyone else about your account - including your daughter. All she has to say is that you are not in, and close the door. They won't try to enter, they are not bailiffs. If you are not there, as like as not they will just leave a card, asking you to make contact - which you will ignore!!

[Lola girl]

Thanks for the letter. I will send recorded tomorrow and hopefully they will get it (and read it!) before the appointment which is only a few days away. I only received their letter today!

if someone does turn up are they likely to speak to my daughter about it or try and enter? I really shouldn’t have to be prepping my young daughter about debt doorstep collectors

[Still Waving]

Send by post and get a proof of posting for your records.

Bank / DCA Name Address Line 1 Address Line 2 Town/City Postcode

Your Name Address Line 1 Address Line 2 Town/City Postcode

Enter Date

Dear Sirs,

Reference: Enter as appropriate
Please be advised that I will only communicate with you in writing.

I have noted your repeated attempts to contact me over the past few weeks and these have been duly logged by time and date.

Should it be your intention to arrange a doorstep visit, please be advised that under the FCA CONC 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 or any representative of yours.

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.

Yours faithfully,



Type Name Here

[Pat]

The Tech Clerk Need the doorstep letter please. I’m on my phone

[Pat]

If they even try to discuss anything with your daughter just say GDPR to them. But best course of action would be to ignore the door.

Have you sent them the doorstep letter? It used to work - 30 debts only one visit.

[stuckinarut]

Ok so what do I do about this? I will actually be away on the date given but my teenage daughter will be home. Will they try and discuss or get info from her? Do I actually have to ‘prep’ my child?? They have not given me enough notice to write to them. Bloody nuisance! Do I ring or email them?

Hi Lola girl
Well if you are not going to be home when they pay the visit, just tell your Daughter to ignore the door, if you feel she would be confident enough to speak to them , she can just say sorry not at home now please leave then close the door

[Lola girl]

• Type of account: Debenhams C/C
• Date commenced: 15.3.07
• Approx balance: £4,300
• Date last paid: Aug 2018 in full and August 2019 to SC
• Are you on arrangement: No
• Status: Default 28.6.19
• Account owner: Link

CCA request sent 30/7/19 - no response as yet

3/10/19 letter finally received from Link! Sadly Debenhams cannot comply with the CCA request and they have confirmed it’s now unenforceable. Result!!


6/11/19 letter from Link, they need me to contact them to discuss my intentions and set up a payment plan. They remain committed to helping me clear this balance. How nice! Filed.
22/11/19 Link search on credit file - not sure why when they bought the debt in July - maybe checking out what else I owe?!
07/01/20 statement received from Link, confirms my last payment on this debt was 20/08/19
28/02/20 letter from Link letting me know that although they bought this debt on 10th July 2019 they have reached no conclusion with me on how I intend to repay. They are offering me the opportunity to pay them at £40 per month. No thanks, filed and ignored
29/4/20 Email from Link - reminding me that I haven’t replied to their letter and agreed a way forward. It’s a fairly nice email, maybe because they have confirmed it’s unenforceable. Details on how to pay them included.
04/06/20 letter from Link, asking me to get in touch regarding the balance. Filed and ignored.
7/7/20 statement of account received.
21/01/21 statement of account received

21/06/21 - response to my CCA request (from 2 years ago) received. First page containing my signature is pretty illegible. Sent over to Niddy to check over anyway.
uodated....Niddy says illegible and therefore still
20/7/21 statement of account received.
30/12/21letter from Link can I set up a repayment plan. Filed and ignored
05/01/22 statement of account received from Link
5/7/22 statement received - filed
5/3/23 letter from Moorcroft they are now collection on the account
20/4/23 letter from Moorcroft possible further action
4/5/23 letter from Moorcroft they are concerned I haven’t been in touch
1/6/23 letter threatening home visit from Moorcroft - filed
30/6/23 letter from Moorcroft with a name of an individual and a date when they will be attending my property to discuss further!

Ok so what do I do about this? I will actually be away on the date given but my teenage daughter will be home. Will they try and discuss or get info from her? Do I actually have to ‘prep’ my child?? They have not given me enough notice to write to them. Bloody nuisance! Do I ring or email them?

[The Tech Clerk]

Usual last chance begging letters by them!

[Lola girl]

Thanks guys. Been on here a few years now so I know not to take any action without checking it out first.
As I said previously I have no intention of letting anyone take court action on a debt with an enforceable credit agreement (as per Niddy’s advice) regardless of default notices etc as this is a large amount and I need a mortgage in the next year or two so absolutely not taking any chances with it.

I think as I’m moving into year 4 / 5 with some of these debts I guess after a quiet couple of years the vultures may start to circle!

[Timewilltell]

Quite right Tech, the advise given should be correct in the interest of the OP

[The Tech Clerk]

OK folks I will monitor this thread for now, we are here to help members not bicker - so if there may be a disagreement then ask peeps to contact Colin G Quinn and ask the question.

[Roger]

https://all-about-debt.co.uk/forum/d...94#post1538894

Check the Likes!

https://all-about-debt.co.uk/forum/d...97#post1537897

Check the Like

https://all-about-debt.co.uk/forum/d...97#post1538797
AND
https://all-about-debt.co.uk/forum/d...00#post1538800

[Pat]

Roger
I will leave you to your incoherent and contradictory ramblings. All I will say is that Timewilltell is correct, you are making unfounded assumptions.

I am afraid, far from helping you are dangerous because you give bad advice and tell people what to do. Are you a qualified and registered debt advisor?

[Timewilltell]

No one disputed anything about a good diary, of course this is required.
it is your assumption that the £50 is debt related rather than a procedural issue. If the letter doesn’t state the procedural issue then assuming it’s debt amount effective is wrong.
I don’t think you have to accept the payment is taken off the debt unless it is specifically related to an incorrect calculation. If it’s a gesture then it’s not debt related in a financial way so could be paid to you without affecting the balance.

[Roger]

I think Roger is an idealist not necessarily a realist, my wife is very similar. In an ideal world the letter of the law would be defined to an exact result, sadly in a real world every written word is open to interpretation by the individual reading it, hence why judges come to differing conclusions.
solicitors attempt to find a path that supports their interpretation of the law and when successfully find one, continue to use it using a previous win case as further support to their argument.

Debt Collection Companies are GLOBAL buying UP Debt including Government BONDS.

In this country there is CCA 74 which has many significant variances over the years PLUS current CASE LAW which binds the lower Courts
I am a realist recognising that what we did a few years ago is inappropriate today!

The CASE Law at the moment on calculating Statue Bar is taken from the Default Notice !
This means the Default Notice and its content and its accuracy has the potential to be an Achilles Heel for the DCA's

Its interesting that certain Banks with known flaws in the Past to their Documentation inclduing for instance IRON MOUNTAIN have been sending these Cash cheques. Unsolicited they arrive through the post. The written content is not particularised but generalised. Search AAD and you will find many and good examples of this.

Now instead of pre judging or worse this depressing negativity AAD has helped me and many others into a Positive taking control of Our Lives and in many cases beating without the courts these DCA's.
Knowledge PLUS a good Diary is the AAD way to peace of mind.

DON'T Assume! DON'T pre judge learn from AAD Diaries and comments it is from this that your confidence will grow.

Lets go back to the simply fact here.

1/ A Bank has sold a Debt to a DCA the presumption is that the various documents and procedures were followed by the BANK before the Debt was sold at a considerable discount to the DCA and before it was written of for TAX Purposes.

2/ Unsolicited letter arrives several years later in many and my case with a cheque and refering to Procedures.

3/ Obviously my relationship with the BANK ended when the Account was sold and the DCA's starting demanding the FULL FACE VALUE of the Debt.
I would have been very happy to settle with the BANK for the sale price offered to the DCA
If it had been offered to me. This would not have prevented the Bank claiming TAX write off.

4/ So it seems there is a very cosy and mutually beneficial relationship between the GLOBAL DCA's and the GLOBAL Banks.

5/ So any Procedural issue MUST have been before the Bank sold and closed the relationship between Me and the Bank.

6/ Meaning if they had settled the Procedural issue before the sale it would presumably have lowered the DN Debt figures indeed may even have rendered the DN unnecessary.

7/ The reasonable presumption is this money should have been applied to the DEBT before it was sold. Therefor the DN if issued is in question and AFTER A SALE THE DEFAULT NOTICE cannot be remedied!

I have spent far to much time here when only trying to offer LOLA girl deal with this latest correspondence!
If you query AAD you will find I have written nothing NEW

A Good Diary is the road to good advice and taking control of your DEBT. I thank along with many others AAD for helping me through a very difficult period of my LIFE.

This ends this matter for me