Dibs UE Diaries

[oldyboy]

Re: Dibs UE Diaries

If the letter states 'If you fail to pay up/ call us/ do what we say we may recommend to our client that legal proceedings are commenced' just think what I said in my last post!

Pathetic really.......

[daisy]

Re: Dibs UE Diaries

Thank you for the replies
I will have to wait and see what the external collection agents write in their welcoming letter, not sure how external they are though, it could just be a dividing wall to the next room!

[oldyboy]

Re: Dibs UE Diaries

As SH says this is a good sign. Only 6 months to SB Dibs!

There does seem to be a shift away from absolute assignments. I suppose creditors can't so readily sell off debts as DCAs are getting wise to buying duds. The threats become quite funny really, they sound like 'If you don't pay up, I'm going to tell my mummy'.

[ScabHunter]

Re: Dibs UE Diaries

they have decided to take further action by forwarding this account to an external agent.

That is an extremely good sign.

In the last threat, they were threatening to assign it outside or instruct solicitors. They have wimped out and chosen the option which is of no threat. Why?

This doesn't mean that they can't go to court at some point in the future, but for now the signs are extremely good. With an equitable assignee, you are dealing with enemies who can't do anything, instead of those who can.

There seems to be a change of policy within Crapbot as a whole. For the first four and a half years of my own case, there were no equitable assignments. Once Neil “Asinine” Clyne took over from Uncle Ken as CEO, there were three in a row very quickly.

SH

[daisy]

Re: Dibs UE Diaries

Citibank

This is an old credit card that defaulted around 2002 with an approximate balance of £2885.
2002 Purchased by Cabot and I made token payment until 2007
August 2007 Last payment made and CCA requested
Loads and loads of letters received, resulting in the the death of a forest!
June 2011 Generic T&C's
Niddy stated that this is UE
September 2011 CPUTR 2008 request sent
November 2011 Reply received that states that they have been unable to obtain a copy of the original signed agreement, however, they claim that a reconstituted agreement is is sufficient to fulfil the requirements of S77/78 of the CCA and is legally enforceable.
November 2012 Letter received and gives me 7 days to make a satisfactory offer of repayment, or they will instruct an external collection agency to collect, or instruct their in-house litigation department, Morgan solicitors to commence legal action. Now demanding almost £7500!
November 2012 Reply sent asking for them to satisfy my S78 request in full and to send me a copy of the original, true copy of the signed agreement.

No actual reply to my letter, they have decided to take further action by forwarding this account to an external agent.
Oh and one of the sleeping dogs has started yapping, so will have to add that to my diary!

[daisy]

Re: Dibs UE Diaries

Wow! Thank you so much SH.
I have been composing a letter today, however, it does not contain anywhere near the clarity of yours, so I am extremely grateful to you.
Thank you again for giving up your time to help me.
Dibs x

[ScabHunter]

Re: Dibs UE Diaries

Hi Dibs,

I've been doing quite a bit of thinking about this Crap One/Robbingscum NoWay farce, and I think the best strategy will be to go down the formal complaint route, incorporating another CPUTR request, with a view to getting the complaint escalated to the Fobbing Off Service around April or May. This will give the alleged debt time to pass the statute barring line before any kind of response is received.

The FOS will not consider unenforceability issues, so it is important to have other forms of dispute to raise. The bogus statements from 2007 are certainly an important factor, and the harassment from assignees can only help. A CPUTR request made as part of a formal complaint also has more potency than one without, because it limits the ability of the alleged creditor to be evasive.

If you wanted to go down that route, you'd need to complain to the DCA first. If it was me in this situation, I'd send something like the letter below. Feel free to use it as a guide if you want to write your own.


“FORMAL COMPLAINT

Dear Sirs,

I write with reference to your letter dated xxth January 2013, to the threat of unlawful harassment contained therein, and to harassment which has previously occurred.

Office Of Fair Trading Debt Collection Guidance

I draw your attention to the following Sections of the OFT Debt Collection Guidance -

“3.7 Examples of unfair or improper practices are as follows:

o. ignoring and/or disregarding claims that debts have been settled or are disputed and continuing to make demands for payment without providing clear justification and/or evidence as to why the claims are not valid

Deceptive and/or unfair methods

i. when a debt is reasonably queried or disputed, failing to investigate and/or provide details (possibly including, for example, details of account history, payment schedules and relevant correspondence) to the debtor, as appropriate, in a timely manner or at all

k. failing to cease debt recovery activity whilst investigating a reasonably queried or disputed debt when the debtor has, or appears as if he may have, valid grounds for the query or dispute .”

In the case of the alleged account referenced above, you have persistently refused to address the issues which have been raised in my letters of xxth xxxxx 2012 and xxth xxxx 2012. The valid dispute is based upon non-compliant documentation which I have received from yourselves, and also documents which were received from Capital One Bank in 2007. These documents are blatantly falsified, and, for example, show charges in amounts which were not applicable at the time from which the paperwork is alleged to originate. It is your responsibility to refer this matter back to the alleged original creditor, and not to continue with acts of harassment and threatening behaviour in total disregard for the circumstances.

Even more pertinently, I draw your attention to these -

3.3 Examples of unfair or improper practices are as follows:

k. ignoring or disregarding debtors' reasonable requests in respect of when, where and how to contact them

3.13 Examples of unfair or improper practices are:

f. visiting or 'threatening' to visit a debtor, without his prior agreement, when the debt is deadlocked or reasonably queried or disputed.

g. not giving adequate notice to the debtor of the time and date of a visit

I have made a perfectly legitimate request that I be contacted appropriately, in writing, at all times. This request has been confirmed as being legitimate by the Office of Fair Trading. Despite this, you have already seen fit to ignore it on one occasion, and to do so in the most underhanded and devious of circumstances. On xxth xxxxx 2012, you sent notice of intended harassment, and your representative carried out this threat one day later. Is that supposed to constitute “adequate notice”?

This action was deliberately designed to prevent me from sending any communication in response to the initial threat. This could have been a response from a person who was aged and vulnerable, physically or mentally ill, or living with other people in such a condition. In the circumstances, it would have been a response from someone with a reasonable query or dispute, of which you had already been made aware.

These tactics are clearly designed to extract money from vulnerable people by frightening them in their own homes, instead of engaging in the due diligence of addressing the legitimate points of dispute, as required by the Office of Fair Trading. Given that a formal complaint to the OFT through my third party representative is now an inevitability, I suggest that you reassess your use of extreme tactics which blatantly contravene the Guidance.

Protection From Harassment Act 1997

On xxth xxxxx 2012 I sent a letter revoking the license under Common Law for your representatives to visit me at my property (Armstrong v Sheppard & Short Ltd [1959] 2 QB 384. per Lord Evershed M.R.). This lawful requirement was blatantly violated on xxth xxxx 2012 by the aforementioned incident. Any further incidents will now breach both the Protection From Harassment Act 1997 and the Criminal Justice and Public Order Act 1994.

Section 1 (1a-1b) of the Protection From Harassment Act 1997 stipulates that “A person must not pursue a course of conduct which amounts to harassment of another, and which he knows or ought to know amounts to harassment of the other.” Plainly, the act of maliciously disturbing people in their own homes for the purpose of intimidation amounts to an act of harassment, and the harasser could hardly claim ignorance having already received this and the previous warning.

Section 3 (1-2) of the Act allows for civil proceedings, during which compensation may be awarded to the victim for anxiety and any financial losses incurred. In a case of harassment based on the absolute assignment of a disputed alleged debt, the assignee would assume full liability for any compensation which was due.

Criminal Justice and Public Order Act 1994

Section 1 (1a-1c) of the Criminal Justice and Public Order Act 1994 states that “A person commits the offence of aggravated trespass if he trespasses on land and, in relation to any lawful activity which persons are engaging in or are about to engage in on that or adjoining land, does there anything which is intended by him to have the effect of intimidating those persons or any of them so as to deter them or any of them from engaging in that activity, of obstructing that activity, or of disrupting that activity.”

As your actions in carrying out your threat would clearly be designed to cause persistent intimidation and nuisance, with the intention of extracting money by wearing down the victim, you will be preventing me from the use and enjoyment of my home to which I am entitled by law. I reserve the right to summon immediate assistance from law enforcement, and to use both the legal system and any relevant regulatory authority to the fullest extent in claiming due compensation.

Note that should you carry out your threat once again, I shall not engage your representative in dialogue. Disputed financial matters need to be discussed in writing so that an audit trail is created for the benefit of any court or regulatory authority which may need to intervene in the dispute. Note that I will not be giving in to bullying, intimidation, harassment or threatening behaviour under any circumstances. Acts of aggravated trespass remain unlawful, and I reserve the right to use any means at my disposal, including police intervention, to remove any trespasser from my property.

Consumer Protection From Unfair Trading Regulations 2008

Given that you are unwilling to cooperate with the relevant sections of the OFT Guidance, I am now forced once again to make a formal request for information pursuant to the Consumer Protection From Unfair Trading Regulations 2008, this time as part of a formal complaint, concerning the documentation which is held. I require a statement from yourselves concerning the legitimacy of any regulated agreement you purport to hold which pertains to the above referenced alleged account. Do you hold a regulated consumer credit agreement, itself containing all of the prescribed terms required to satisfy Section 61 (1) (a) of the Consumer Credit Act 1974, that is, in the form prescribed by the Consumer Credit Agreements Regulations 1983, Schedules 1, 2 and 6; and the required supporting documentation?

Note that any attempt to mislead will be deemed unlawful, and may result in prosecution by the relevant Trading Standards department. Note also that this letter, and any forthcoming response, will be exhibited before the judge should it become necessary to defend an action instigated by the current alleged account holder, whether yourselves or a potential future absolute assignee.

What I require -

1) A formal apology for previous conduct which breaches both the Office Of Fair Trading Debt Collection Guidance, and relevant legislation
2) A signed statement from someone in authority, stating that the law and the OFT Guidance will now be complied with, and that no further unlawful harassment will occur at my property
3) A compliant response to my request made under the Consumer Protection From Unfair Trading Regulations 2008, concerning the documentation for this alleged account. Note that your previous ludicrous assertion that “we are satisfied that the documentation provided is sufficient to demonstrate liability”, without even the most perfunctory attempt to explain how or why, will not be accepted as a response.

Any other response, or no response, WILL result in this formal complaint being escalated to the Financial Ombudsman Service forthwith.

Yours Faithfully,"

SH

[daisy]

Re: Dibs UE Diaries

Good one!!

[nightwatch]

Re: Dibs UE Diaries

I have placed a large RESERVED sign on my doorstep so any doorstep collector cannot collect it.

I also have a sign that reads " Any person calling at this address without permission or an AGREED appointment will do so at their own risk, the owners take no responsability for any injury, physical or mental, that may be caused whilst being removed from the property". Ring or Run? the choice is yours

NW

[daisy]

Re: Dibs UE Diaries

Rob Way are now threatening to send a doorstep collector, the last time they threatened to do so, he called the following day.

I will of course send the communicate in writing letter again, but I don't seem to be able to find a way forward with this one.

Niddy, if you read this, please may you take a look at the document that I uploaded on to the agreements section.

[daisy]

Re: Dibs UE Diaries

Straight to the point as always!

[ScabHunter]

Re: Dibs UE Diaries

Just looked ay Helmsman's diary and it is clear that dca's trawl the forums

They do indeed, but that is not necessarily a bad thing. In this case, they will see posts from a nice solicitor with whom they have a personal acquaintance, who may just be prepared to add another notch to his belt should they decide to try anything unwise.

This team is stronger than any individual, and even stronger than the sum of the parts because we bring out the strengths in each other. All Crapbot have are brain dead employees who know no concept beyond greed, and no means of satisfying it beyond deceit.

SH

[daisy]

Re: Dibs UE Diaries

SH thank you so much, I appreciate the time you have spent to help me with this.

Just looked ay Helmsman's diary and it is clear that dca's trawl the forums, so perhaps they will reply, without me actually sending the letter!

[ScabHunter]

Re: Dibs UE Diaries

If it was me in this situation, I would just keep it simple for now. I'd send something like this -

“Dear Sirs,

I am in receipt of your letter dated xx/xx/xxxx, the content of which is noted. I refer to my request for information dated xx/xx/xxxx , and to your response.

Note that this request for information was made pursuant to the Consumer Protection from Unfair Trading Regulations 2008, which require the recipient not to mislead. You state in your response that “the information within the reconstituted credit agreement is the information that would have been within the credit agreement you originally signed.” As you are in no position whatsoever to know what would be contained in any agreement signed between outside parties, unless you have access to a copy of such an agreement, this statement is blatantly misleading.

Furthermore, you are in no position to know whether or not an agreement was signed at account inception, in a transaction to which you were not a party, unless you have evidence of such an event occurring. Your response refers to “the credit agreement you originally signed”, yet no such document has ever existed. You are clearly attempting to mislead, and to reinvent reality so that it falls in line with your own commercial interests. I consider your response to be a flagrant breach of the Consumer Protection from Unfair Trading Regulations 2008, and reserve the right to bring the matter to the attention of the relevant Trading Standards department at my own behest.

As before, I confirm that no such agreement was ever signed by myself, or anyone acting under my authority.

Yours Faithfully,”

SH

[daisy]

Re: Dibs UE Diaries

Thank you Helmsman, I will take a look at your diary.