MattyA UE Diary

[oscar]

Re: Hieveryone...onwards & upwards

Unfortunatley she is too nice for that - but I dont think they should be telling her what its about either.
I really want to ring the t**ser(he left a card).

If they have told her what they are there for, and what it is all about, that is a breach of DPA and you need to make an official complaint to the ICO. (in my opinion).

I am assuming that you have sent the letter advising them they no longer have the "implied right" to visit your property?

[MattyA]

Re: Hieveryone...onwards & upwards

Thanks Oscar.
The letter only went to them last night - I had previously sent a letter to Mint directly re their threat of a doorstep visit.
The 1st time I had heard of these people was a letter from them waiting for me on Tuesday night,dated 3/92010,giving me 3 days to get in touch or they would visit me at home.
Obviously timed so that I could not do anything about it.

[MrsD]

Re: Hieveryone...onwards & upwards

get complaining Matty, its like a waterfall, the more complaints the better chance of someone taking notice and doing something about these lowlifes.

[MustGetStraigh]

Re: Hieveryone...onwards & upwards

Absolutely! They've behaved appallingly.
I still haven't worked out why some people get doorstep visits and others don't. I haven't (yet) had anything but owe similar amounts etc to you, Matty. I also don't suffer on the phone call front (at the moment, mind you I used to). Hope you manage to get them off your case, it must be awful.

[MattyA]

Re: Hieveryone...onwards & upwards

Thanks for the kind words ladies....its appreciated.
Hope everything is going to plan for you both....so far .

[Never-In-Doubt]

Re: Hieveryone...onwards & upwards

I'll sort you a reply to send tomorrow night matey - don;t worry, i'm on the ball (if I remember - so pm me please)...

[MattyA]

Re: Hieveryone...onwards & upwards

Cheers Boss.
They are turning the screw & I want to fight back.
I have realised that if there are any rules they dont abide by them.

[Never-In-Doubt]

Template to send

Send the following matey 2 2

I kno0w i've stated you've complained to the ICO - but don't waste your time with that yet - see if they do it again then complain.

• Dear Sirs,
  
  Account No: XXXXXXXX
  
  I write to formally complain about a recent doorstep visit to my address, after telling you in the past I had no intention of allowing such visit. Take note, this is a formal warning and any repeat breaches will result in my calling the police, due to your agents trespass, with a follow up compensation request and an Injunctive Relief Order. How dare you disregard the laws set in place to protect us.
  
  I have written to you several times requesting you send me lawful documentation in line with my s.78 request, which remains outstanding. As such, you have no legal right to harass me in any capacity. The account also remains in an unenforceable state until such time you do comply. The other thing, worth noting, is the fact the agent spoke to a female who answered the door and discussed this account with her - they do not have the right to do this and as a result of this major breach and disregard of Data Protection, I have formally complained to the ICO.
  
  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 another doorstep visit, then be warned I will take legal action against you, complain to your governing bodies, claim compensation and have the agent that calls arrested for the breach and subsequent trespass. To clarify, under OFT 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.
  
  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
  
  
  Sign digitally

Im a really angry man now!

Just spoke to the Mrs(Im at work) who is a Nurse working nights and has been woken up this afternoon by a doorstep visit from someone representing Mint(My card)....they are ignoring absolutley everything that is sent to them.
Basebell bat will await the next visit,

[MrsD]

Re: Hieveryone...onwards & upwards

great letter Niddy, go get em Matty!

[MattyA]

Re: Hieveryone...onwards & upwards

Thanks very much Niddy ...I will get it sent off.

[MattyA]

Re: Hieveryone...onwards & upwards

great letter Niddy, go get em Matty!

I will indeed go n get 'em...

[MattyA]

Re: Hieveryone...onwards & upwards

Update 11-09-2010
Last couple of days post received - highlights only detailed as plenty of dross received.

Letter (long one) from AMEX re my complaint reitterating that what they have sent to me previously does comply with CCA 1974 blah blah & enclose a further copy of the signed application form and T&C's.
They state that OFT guidance applies to genuinely disputed accounts not 'wont pays'.
Complaint not upheld & theywill continue to pursue payment.

File for now ? - No doubt I will be hearing from Newman & Co very shorthly.

Letter from Mint rsponding to my complaint of a doorstep visit (letter sent before the visit took place) and as ever my complaint is not upheld.
They go on to explain that they will send feild agents to re-establish contact....FFS contact was never broken,it is simply in writing ,of which this letter is proof of the continued contact / correspondence!

Im gonna send them a copy of the letter above,as well as resolvecall if thats ok?

2 letters from Barclaycard 1 per account that the previous response re CCA was their final response and that they have nothing further to add.
Filed for now.

COOP - Termination notice received.
They are assessing the most appropriate course of action.
We will have to wait & see what happens next......also filed for now.

M&S -Final demand for FULL PAYMENT - WITHIN 48HOURS received.
Will pass on to DCA,etc etc.
This one is enforceable & I am blagging it for now.
At what point do I need to try & set up a payment plan ?

Cheers

[nanna58]

Re: Hieveryone...onwards & upwards

Matty this sounds all so scary but then i am a scardy cat. You are doing great. Will kep an eye out cos when my turn comes i will need you guts

[Never-In-Doubt]

Re: Hieveryone...onwards & upwards

Update 11-09-2010
Last couple of days post received - highlights only detailed as plenty of dross received.

Jesus you need a full time personal assistant I tell you!!

Letter (long one) from AMEX re my complaint reitterating that what they have sent to me previously does comply with CCA 1974 blah blah & enclose a further copy of the signed application form and T&C's. They state that OFT guidance applies to genuinely disputed accounts not 'wont pays'.
Complaint not upheld & theywill continue to pursue payment. File for now ? - No doubt I will be hearing from Newman & Co very shorthly.

Yep, just ignore for the time being...

Letter from Mint rsponding to my complaint of a doorstep visit (letter sent before the visit took place) and as ever my complaint is not upheld. They go on to explain that they will send feild agents to re-establish contact....FFS contact was never broken,it is simply in writing ,of which this letter is proof of the continued contact / correspondence! Im gonna send them a copy of the letter above,as well as resolvecall if thats ok?

Yep fine mate but I thought the above letter was already for mint?

2 letters from Barclaycard 1 per account that the previous response re CCA was their final response and that they have nothing further to add. Filed for now.

Just ignore.

COOP - Termination notice received. They are assessing the most appropriate course of action. We will have to wait & see what happens next......also filed for now.

Ok, keep us updated.

M&S -Final demand for FULL PAYMENT - WITHIN 48HOURS received. Will pass on to DCA,etc etc. This one is enforceable & I am blagging it for now. At what point do I need to try & set up a payment plan ?

You only agree to repayment plan when court papers land on your door mat, after we get it set-aside and they come back again so long way away yet before considering payment - lol. Whaaaat - you think they'll take court action? I don't!

Cheers

You're not welcome haha - ;30

[MattyA]

Re: Hieveryone...onwards & upwards

Thanks anyway - even though Im not welcome....;-)

As you asked....

The letter is regarding Mint but it was to their agents Resolvecall who carried out the doorstep visit.
But I am going to send to Mint as well now after their last letter.

M&S
I would have thought they would go straight to court if they know that the account is enforceable.
But I can live in hope & bow to your superior knowledge & experience on such matters.
Why do you think that they wont go to court?

Thanks as ever.

MattyA