Sharon2345 Unenforceability Diaries

[SaltnVinegar]

Re: Sharon2345 Unenforceability Diaries

What can I do in this case?

Hi Sharon

Can you give a brief description/transcript on what was said between you both. Did the doorstep collector leave immediately when asked? That sort of thing.

I think it definitely warrants a formal complaint of harassment, but would be good to know how to approach it depending on the conduct of the agent.

Best
SnV

[nightwatch]

Re: Sharon2345 Unenforceability Diaries

Hi Sharon,
As Plan B asked and SV, did he leave anything with you, did you talk to the *visitor* if so was he polite, If you weren't there who did he talk to,did he leave when you asked him to,
one called on me from moorcroft (morecrap) asked if I had the time to talk to him, said I had enough time to tell you to *go away* every thing from moorcroft to be in writing,
He said they had written and I hadn't replied, so I explained that it appeared they employed people who couldn't read, wasted other peoples time and would he shut the gate on his way out.
he apologised for troubling me and left.

[Sharon2345]

Re: Sharon2345 Unenforceability Diaries

I'd be furious if it was me. It's a shocking invasion of your privacy if nothing else. You sent them the Doorstep Template letter over a month ago so there's no excuse. I'm not sure whether you should follow it up with a complaint but keep the details of the day/date/time etc in case you ever need to prove harassment. Did the doorstep collector leave a card or letter or anything to prove his visit?

Incidentally I see this is an old Cahoot Flexlioan account. Have you read Oscar's thread on rate-jacking? He got back over £3k. It's not relevant at the moment since the account is in default of your CCA request, but if ever they start to turn up the heat then you've got a possible claim for overcharging up your sleeve.

Always good to have two irons in the fire


http://forums.all-about-debt.co.uk/s...l=1#post126008

Many thanks for this information. He knocked my family home door and I hadn't been back home and my parents said she isn't here he asked when will she be back and they said the evening he told them I'm calling on behalf of Moorcroft she owes xxxx amount of money. He told my parents my business and they didn't even know so left them in real shock. My folks said we don't know so he said I have to leave this letter with her they said there is the letterbox and just so happened I turned up and he said are you so and so I said yes he said I'm visiting on behalf of Moorcroft I said what are you doing here you shouldn't be visiting here I've written to them over a month ago so why are you here. He said the laws have changed now I said no they haven't I'll be writing to them again he said here have this letter and contact them.

Now I'm angry and no sure what letter I should send them next?

[Enforcer]

Re: Sharon2345 Unenforceability Diaries

Not sure that you should send them anything yet, certainly not in anger. Keep the letter that he left safe, together with a note of date and time, could be useful in the future if they continue with harassment.

[Sharon2345]

Re: Sharon2345 Unenforceability Diaries

Not sure that you should send them anything yet, certainly not in anger. Keep the letter that he left safe, together with a note of date and time, could be useful in the future if they continue with harassment.

What about sending them a letter stating that even after sending them a doorstep harassment letter dated xxxx they sent person down on 30th May and remind them it's illegal?

[Enforcer]

Re: Sharon2345 Unenforceability Diaries

It is not illegal for them to try and collect an alleged debt, they should not have called after you sent them doorstep letter, but some still try it on. If they call yet again, just refuse to discuss ask them to leave, then shut door.

[Sharon2345]

Re: Sharon2345 Unenforceability Diaries

It is not illegal for them to try and collect an alleged debt, they should not have called after you sent them doorstep letter, but some still try it on. If they call yet again, just refuse to discuss ask them to leave, then shut door.

I thought it was illegal them trying to come to door and collect debt if they haven't fulfilled CCA making the debt unforceable until they do fulfill request?

[MrsD]

Re: Sharon2345 Unenforceability Diaries

nope it isn't illegal

they can try to collect

they shouldn't have discussed your debt with another person who wasn't you and they shouldn't have kept phning when you asked them not to to but these are all guidelines not laws.

no one should ever talk to anyone on the doorstep and I include people trying to simply sell something, You don't need to and you shouldn't. i wave anyone coming in the drive off before they get even halfway up, (I've got a good alarm system with the dog)

I think you need to complain because they haven't adhered to the guidelines.

edit it is illegal to harass you in Scotland, I'm not so sure how the law on harassment stands down south. Really the best way to get rid of these eejits it's do what NW did.

[SaltnVinegar]

Re: Sharon2345 Unenforceability Diaries

He told my parents my business and they didn't even know so left them in real shock. My folks said we don't know so he said I have to leave this letter with her they said there is the letterbox

Hi Sharon

Did this clown show you any identification (they should carry identification cards).

What he has just done is a huge breach of guidelines, and could certainly be considered harassment and warrants a formal complaint, not just to Moorcroft but to the regulatory bodies. He should NOT have disclosed anything to your parents. OFT guidelines (sorry not up to speed yet with the new FCA stuff but will have a look through) state that a creditor should not be:

1. inappropriately disclosing, or threatening to disclose, debt details to third parties

1. acting in a way likely to be publicly embarrassing to the debtor, either deliberately or negligently (that is to say, through lack of care)
   
   For example:asking others to pass on messages to debtors, and in so doing potentially revealing to them that the intended recipients of such messages are being pursued for repayment of debts
   
   
   
   
   
   
   

[Sharon2345]

Re: Sharon2345 Unenforceability Diaries

Hi Sharon

Did this clown show you any identification (they should carry identification cards).

What he has just done is a huge breach of guidelines, and could certainly be considered harassment and warrants a formal complaint, not just to Moorcroft but to the regulatory bodies. He should NOT have disclosed anything to your parents. OFT guidelines (sorry not up to speed yet with the new FCA stuff but will have a look through) state that a creditor should not be:

1. inappropriately disclosing, or threatening to disclose, debt details to third parties

1. acting in a way likely to be publicly embarrassing to the debtor, either deliberately or negligently (that is to say, through lack of care)
   
   For example:asking others to pass on messages to debtors, and in so doing potentially revealing to them that the intended recipients of such messages are being pursued for repayment of debts
   
   
   
   
   
   

Many thanks for this. Is there a letter template i can send and who do i make the formal complaint to? No he did not show me his ID i am angry he told my parents and they looked devasted all the questions i got after and why did you not tell us.

[Loopyloo]

Re: Sharon2345 Unenforceability Diaries

I'd defo be writing a formal complaint, he's breached DPA as well. Feel for you Sharon I'd be raging

[Sharon2345]

Re: Sharon2345 Unenforceability Diaries

I'd defo be writing a formal complaint, he's breached DPA as well. Feel for you Sharon I'd be raging

#Is there a letter template for a formal complaint?

[SXGuy]

Re: Sharon2345 Unenforceability Diaries

As Niddy is away at the moment, hold fire on the letter, you have plenty of time to make a complaint. For now, log the details of what happened so you don't forget, and keep a record of the date and time it happened.

Niddy will be back soon, and im sure when hes had a chance to settle back in to AAD, he will write you a good letter to send.

Failing that, I know a few of you guys here are good with letters, perhaps you can draft something up for Sharon?

[Sharon2345]

Re: Sharon2345 Unenforceability Diaries

HSBC Loan
Interest frozen, defaulted 2005/6. Default issued in 2006 on credit file.

Name: HSBC

Type: Loan

Date commenced: not sure probably 2002

Approx balance £21,113

Date last paid: 1st May 2013

Arrangement: not paying previously paying £14 via dmp


Account owner: CL Finance, collection activity by Howard Cohen.


4/2013 - CCA request sent

NO CCA documents received

12/08/2013 - Received letter from Lewis Debt Recovery demanding full balance someone will visit my house to collect.

16/08/2013 - Sent Sold in Dispute letter

29/08/2013 - receive a letter from Howard Cohen threatening County Court action

31/08/2013 - received letter from Lewis Debt Recovery demanding payment. - TO IGNORE maybe letters crossed in the post

02/09/2013 - sent Howard Cohen 'Threat of creditor to commence litigation' letter

14/09/2013 - Receive letter from CL Finance stating they aknowledge my CCA request dated 30th August 2013 but it was sent April 2013. They state they will contact the original lender for the documents. ON HOLD until then.

17/03/2014 - Account sold to Robinson Way who demand outstanding balance.

24/04/14 - Robinson Way demand money. Ignored

19/05/14- Robinson Way instruct solicitors to recover money in 10 Days or threaten action.

30/05/14- Sent Sold in Dispute letter

13/06/14- Drysdenfairfax send letter account closed and to contact Egg. Why Egg not an Egg account.

I have received a letter from Robinson Way stating 'please find enclosed copies of statements for this account. Our client has advised that due to the age of the account they are unable to provide a copy of the agreement. The above account was closed and passed to our clients collection department September 2006. In the absence of any alternative dispute we now require your affordable payment proposal'.

Does this mean they can't fulfil my CCA request? If so what letter do I send them?

[Undercover Elsa]

Re: Sharon2345 Unenforceability Diaries

Hi Sharon,
It does indeed! It's unenforceable until or unless they comply with the CCA Request. Congratulations!!

Keep that letter in a very safe place.
No mad rush to respond, but here's the final response template when a CCA hasn't been supplied: http://www.all-about-debt.co.uk/inde...o-cca-received

Elsa x