benadabec UE Diary

[benadabec]

Re: benadabec UE Diary

Thanks all for your swift responses!

I have access to a fax machine at work but wouldn't that give them another contact number to harass me by? Maybe I should use the anonymous post office fax? OK, plan for tomorrow morning: fax the tw@ts and follow up with the letter sent recorded.

evenlessdopey - good point, it does say "I will be calling" rather than visiting. However, they call all the time so I imagine this means visit as I ignore all calls from them

[MrsD]

Re: benadabec UE Diary

remember these stupid threatening letters are just that on most occasions, as I've said before, if every doorstep collector who's threatened to turn up at my door, actually turned up, there would be a big queue round the block awaiting their turn to get told to piss off, don't let them get to you, its just what they are after.

[garlok]

Re: benadabec UE Diary

Hi benadabec,

Niddy and Mrs D have given you some advice there. If you want to see them off use the template "doorstep letter first class signed for anyway. Then have a copy of it at the front door, give to the poor unfortunate who arrives and tell them if they are not off the prmises within the next 20 seconds, you will call the police and tell that you have someone at the door demanding money with menaces. If they come again they will have committed the Tort of Trespass for which you are entitled to financail redress, if they come again they will have committed the offence of aggravated trespass for which they can be arrested. THEY HAVE NO LEGAL POWERS OR AUTHORITY WHATSOEVER! They know it and will clear pretty quick even if they come. When BC/P2C threatened us wew sent one of my "Bugger-Off" specials and we have not heard from them since about 18months now. Also have garden hose ready for any unfortunate who comes, I am told formally now that a pressure washer is an offfensive weapon, a garden hose is not and could be interpreted as ridding your property of a health hazard under the Public Health bye-laws l

regards
Garlok

[benadabec]

Re: benadabec UE Diary

Some helpful advice evenless and garlok. Hopefully the letter will see them off for a good while. I like the sound of your "bugger off" specials Garlok! I wouldn't mind an 18 month reprieve from the tommy tits...

[benadabec]

Re: benadabec UE Diary

Just a thought - would an email suffice instead of a fax? I will still send the hard copy out today but would an email count in regards to communicating the point re. threat of doorstep visit?

[garlok]

Re: benadabec UE Diary

I personally don't like using e-mails for any of this. For one thing it gives them another point of contact to harass. The other thig I bear in mind is that the courts (should it ever come to that) are pretty conservative in their approach to matters and I beleive a properly presented paper trail (even if it does say bugger off) would go down better and our sols have always taken the same approach with our stuff.

Although my understanding is that the rules of evidence have been changed in recent years to include e-mail correpsondence.

regards
Garlok

[benadabec]

Re: benadabec UE Diary

Well I was going to set up a new account to handle this email, I wouldn't use a regular email account that they would pester me with regularly. In just this instance, where they are due to turn up on my doorstep tomorrow, I wanted to get it across straight away but if I use my work fax, that would also give them another avenue of communication. And I certainly don't want threatening faxes being sent via work!

[Never-In-Doubt]

Re: benadabec UE Diary

Well I was going to set up a new account to handle this email, I wouldn't use a regular email account that they would pester me with regularly. In just this instance, where they are due to turn up on my doorstep tomorrow, I wanted to get it across straight away but if I use my work fax, that would also give them another avenue of communication. And I certainly don't want threatening faxes being sent via work!

E-Mail is perfectly acceptable, if they have an email address.

However this is over a week old now so please update when you get a chance, let us know what you did and the result if anything?

[benadabec]

Re: benadabec UE Diary

Well I fired off the email last Tuesday and followed up with the letter which arrived last Thursday, but we did not receive any unwanted visitors on the day they said they would come. I presume if no one was in, they'd have left a card of some description. But nobody came to the door when we were in and nothing was posted through the door

It's hard to know whether this was due to the email or because of the usual DCA bluff and bull$hit, but either way, one week on there's been no visits or follow-up letters. Let's hope that continues....

[malamute]

Re: benadabec UE Diary

Well I fired off the email last Tuesday and followed up with the letter which arrived last Thursday, but we did not receive any unwanted visitors on the day they said they would come. I presume if no one was in, they'd have left a card of some description. But nobody came to the door when we were in and nothing was posted through the door

It's hard to know whether this was due to the email or because of the usual DCA bluff and bull$hit, but either way, one week on there's been no visits or follow-up letters. Let's hope that continues....

if it helps, I've had several "we will visit you" cards and warnings etc but to date (4 years) we've had none......

hope i've not jinxed myself !! ah well

[benadabec]

Re: benadabec UE Diary

My Barclays overdraft has finally been passed on to a DCA - The Lewis Group. They have written to me asking for full payment by 6th November or they may take further action.

Now, in July Barclays sent me a letter saying the next thing I will receive will be a termination of account. A few weeks later at the beginning of August, I recieved a final notice stating that this letter followed the termination letter. I received this exact same final notice at the end of August but have not received either a termination letter nor a default. Niddy explained that they can't take action on a live account, but can Barclays issue a default without notifying me? Would it be best to ignore for the time being?

[garlok]

Re: benadabec UE Diary

I have just checked our Barclays OD terms and conditions for you. Admittedly this was a business account (limited company) and to be honest I see very little comfort in them. They can just call in an OD without notice even if you are servicing the account in a proper way. They can also demand payment in full without notice.

Of course this may be different on Barclays personal accounts with ODs. However I would just wait and see what Lewis actually send next.

Garlok

[benadabec]

Re: benadabec UE Diary

Thanks Garlok for checking your T&C's.

I appreciate O/D's are treated different and that I will have to pay (a haggled portion of) the amount back. But I wanted to know if now was the time to send a F&F offer or sweat it out as I haven't received a default yet.

[Pixie]

Re: benadabec UE Diary

Could you check with CRAs to check if a default is registered against your overdraft even if you haven't received a DN?

[PlanB]

Re: benadabec UE Diary

I would never ignore The Lewis Group because they're hand-in-glove with Howard Cohen solicitors (in the same office building sharing notepaper) who have been known to issue proceedings after only a couple of letters. I got hit that way and so have others on this site. I don't want to scare you but if it was me I'd answer the letter even if you only say "send me more information please" or some other delaying tactic . You can always keep them talking while you check out the paperwork behind the scenes. But best to wait for a mod to advise in case silence is the way to go