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Need Advice now GOODF has gone

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Need Advice now GOODF has gone

Post by westcountryhelp on Tue Aug 08, 2017 11:42 pm

Hello all

Would appreciate some help as the advice i have been given over the last 20 months has been fantastic

Anyway, I started the 3 letters process in December 2015 against 4 firms.

The advice I got, I always followed to the letter and everything seemed to work out fine.

This year has been almost non existent in contact from anyone, until around May.

Wexxcot began phoning me. A lot!!! the last piece of advice i had from GOODF was "ignore", then GOODF went silent, as we know what happened there.

Anyway one of my alleged debtors has got Drxxdon fairfax involved and they have sent me this letter

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When this happened to me last year (with H cohen on another alleged debt), i sent them the below in bold, which did the trick as i never heard anything back.

Should I send Drxxden fairfax the same letter?

Like I said, I am looking for some advice so i can keep the wolf from the door so to speak!!!

Many thanks, as ever.


With regard to your letter dated xxxx, which stated Legal Action would be taken, I take this to be a Letter before Action under the above named Pre Action Conduct Protocol and as such I am responding accordingly.

As you have indicated you are acting on behalf of xxxx in this action, I assume you are authorised to accept service of documentation, therefore, please accept this request for Information sufficient to understand the claim being threatened and as such is in accordance Section 3 of the Pre Action Conduct, by way of Service Upon You and your client.

As I have never entered into any Legal Agreement or Contract with your client, for any monies or specifically for the alleged amount of xxxxx; and I neither accept nor acknowledge the assertion any debt has been Legally and Absolutely Assigned to your client, I therefore, request the following documentation under Pre Action Conduct Section 6 (c) as proof of your Clients assertions of a Legal Obligation, to be provided to me within 40 days of the post marked date of this letter.

I. Pursuant to s.77-79 of the Consumer Credit Act 1974 (CCA1974) a copy of the Original Signed Consumer Credit Agreement, along with a copy of the original Terms & Conditions and any and all subsequent changes in said Terms & Conditions.

II. Statements of the Account referred to, including details of all payments made and calculation of how interest was charged against each item, leading to the Alleged Debt of xxxxx.

III. Also, as this is an Alleged Debt, I believe Default Charges may have been applied to the Account and as such may be unlawful under the Unfair Consumer Contract Terms Regulations 1999, therefore, I would request details of each and every Default Charge applied to the Account (i.e. if the charge was for ‘Administration’ what Administration was undertaken to support the Default Charge) along with details of any Interest Charged against each Default Charge applied.

IV. In accordance with Section 87.1 Of the Consumer Credit Act 1974 (as amended) a copy of the Default Notice from the original owners of the Alleged Debt and Certified Copies of how this was served upon me.

V. A copy of the Legal / Absolute Assignment of the Agreement, including a copy of a Duly Executed Deed of Assignment and / or Deed of Tripartite Novation; and

VI. In accordance with Section 196 of the Law of Property Act 1925, Certified Copies of how I was served with the Alleged Legal Assignment.

VII. A copy of the Alleged Notice of Assignment sent by the original creditor to the Defendant and again, in accordance with Section 196 of the Law of Property Act 1925, Certified Copies of how this was Served upon me.

Should proceedings commence against me and your client fail to provide each and every document requested, I will make an Application to the Court to Stay your Clients claim until the request is complied with and request the Court impose Sanctions against yourself and your client for failure to adhere to the provisions of the above mentioned Practice Direction.

Also please be aware, each document listed is required to provide absolute and legal proof of your client’s contention of a legal indebtedness towards them and again, should your client fail to produce said documentation and Proceedings Commence against me I will apply to the Court to Stay your Clients claim Until said documentation is received.

As a part of my defence I will re-request production of each and every document under an appropriate Civil Procedure Rule, along with a request under CPR Part 39.a (3.3) for the original of every document upon which you intend to rely be brought to any subsequent hearing for examination.

Please note, where I have mentioned a document and there is in your clients possession more than one version of that same document owing to a modification, obliteration or other marking or feature, each version will be a separate document and you must provide a copy of each version of it to me. Your obligations extend to making a reasonable and proportionate search for any version(s) to include an obligation to recover and preserve such version(s) which are now in the possession of a third party.

I look forward to your response in due course.

Yours faithfully,


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Re: Need Advice now GOODF has gone

Post by daveiron on Wed Aug 09, 2017 5:14 am

Looks very good to me.

If it proceeds further CPR 18 request has now been added in the 3 letter section.

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Re: Need Advice now GOODF has gone

Post by discodave4093 on Wed Aug 09, 2017 5:53 am

the last piece of advice i had from GOODF was "ignore",

This is exactly the point I have brought up in one of my other posts, GOODF just got to the point where the only advice we were ever given was "IGNORE" until it got to the point where I just stopped asking for advice as obviously I didn't agree

So my advice to you there is no matter what you were advised on the old GOODF NEVER IGNORE! Ignoring is a good way to end up with a court case which could of been avoided

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Re: Need Advice now GOODF has gone

Post by Ausk on Wed Aug 09, 2017 9:11 am

The advice was to ignore until they threatened to take court action.

A weakness in this is that it may lead to missing and not reading an important document which referred to court action when it came.

A lot of advice was given on the forum to respond asking for proof of claim documents and if they were not provided then ignore.

There were many threads giving advice on how to construct such letters and what proof of claim documents to ask for.

If you disagree with ignoring letters, from DCAs after asking for proof of claim, it would great if you could please educate us in the advantages of responding to DCA letters and what we could or should say in response to them.

cheers
aus







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Re: Need Advice now GOODF has gone

Post by Ausk on Wed Aug 09, 2017 9:23 am

These suggestions for letters back to the money grabbers come from recent threads and are the product of their authors whose names cannot recall. I have simply put them into questions.

I require you to provide me with documentary proof the chose in action (assignment) was correctly assigned or granted to you.

I require you to provide me with a sworn statement, stating that the alleged debt has not been sold, traded or been the subject of an insurance claim.

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Re: Need Advice now GOODF has gone

Post by westcountryhelp on Wed Aug 09, 2017 4:34 pm

All the advice i received on GOODF i followed and on each occasion it was met with a "threatening" letter which largely amounted to nothing. They usually said "...taking letter templates from internet forums..." but on each occasion with the 3 letters process it resulted in either radio silence or a letter from the DCA saying they "have given the alleges debt back to xxxx."

Then when i received a new letter from a new DCA, I started the process again.

Only on one occasion did i receive a letter threatening a CCJ. I then responded accordingly and it went quiet again

I would say that from november last year up until May of this year, I received 1 letter across 4 people.

Since May, wesxcot have been involved and other so am looking for advice again.

I always checked on GOODF before sending a letter to ensure I was "doing it correctly"

Faljay and Tiggy were excellent.

Would love to know what happened with them and if they are still about.

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Re: Need Advice now GOODF has gone

Post by discodave4093 on Fri Aug 11, 2017 12:41 am

I'm no expert but certainly I can educate you to the best of my knowledge on examples of what I have sent to them. Here is an example of what I have sent to Moorcroft, (who seem to love to use the phrase "we believe" a lot in their letters) some of it is from templates from other members and I have added some bits in myself but please feel free to copy it if you wish

I have received your letter dated xx/xx/2017 the contents of which are noted and rebutted in their entirety
The fact that my letters are based on templates is irrelevant, otherwise the same thing could be said about your template letters. The letter you sent me I have seen the exact same letter several times before
There is no law stopping anyone from using template letters, which are used universally by many, if not all companies, which does not invalidate them whatsoever.
DO NOT refer me to twisted companies such as StepChange and Citizens advice bureau. I really couldn’t care less what companies like these have on their websites. I am fully aware that companies like these are on the side of the creditors and debt collectors even though they try to pretend they are there to help us. They may fool some people but I am not one of them
I must admit it made me laugh when I read the part of your letter that says if I contact you you will give me the honest facts. Is that supposed to be a joke? We all know debt collectors are never honest and wouldn’t know facts if they jumped up and bit them
For avoidance of any doubt no matter what you have asked your clients to send me if it isn’t what I asked for it won’t be accepted, plain and simple
Also I couldn’t care less what you or your clients “Believe” This is a popular word in your letters. Go discuss your beliefs with your church

Yours faithfully,

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Re: Need Advice now GOODF has gone

Post by discodave4093 on Fri Aug 11, 2017 12:52 am

And heres a reply I sent to Lowell last year after they sent me a spreadsheet with a lot of numbers with no personal info linking it either to me or to the OC then claimed they sent what I asked for Laughing

Dear Interloper
The so called evidence you sent me for this account is not acceptable and you have not proven any debt.
The evidence I requested from you is as follows
True and certified copies (NOT photocopies) of the Deed of Assignment (Not the Notice of Assignment) and Deed of Novation. I also requested the name of the individual who is the duly authorised representative from your company, who has seen the Original Note and is certifying these assignments as certified copies and that your company now has the Original Note (Credit Agreement) under penalty of perjury and with unlimited liability and confirm that the Note has never been sold prior to your company purchasing this account and also confirmation of the name of the individual who is the duly authorised representative from your company, who has carried out due diligence under The Money Laundering Regulations 2007 and what actions s/he has taken in relation to this account.
Nothing other than what was requested will be accepted!
So sorry to say no payment will be made on this account. I also mentioned in my letter dated xx/xx/2016 that we are now in a tacit agreement which includes a fee schedule. Please find enclosed with this letter a bill from me which is to be paid within 30 days from the date on this letter by cheque otherwise you will also be held culpable for any cost incurred while recovering the debt you owe.

Again please feel free to copy and use, I understand some people don't like using the fee schedule so if this is the case for you simply leave that bit out

I hope this is helpful and I may have more to share later if I can find them

Dave

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Re: Need Advice now GOODF has gone

Post by daveiron on Fri Aug 11, 2017 9:28 am

I too like the idea of letting DCAs know that their letters designed to instill fear / panic are having no affect whatsoever, it is after all pretty much all they have. If the OC could not succeed why do these parasites think they can.

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Re: Need Advice now GOODF has gone

Post by LionsShare on Fri Aug 11, 2017 10:09 am

this thread is fantastic, down to earth, & basically says it as it should be - no bullshit. Having started to receive threat-o-grams from DCA over utilities I can begin to understand how others feel when receiving this crap!

Have started to alter my own responses to DCA including what is written here & it appears to work. They don't show proof, they continue with same crap hoping you pay up, so have started to send back RTS to DCA only.

If OC starts again can add more ammo thanks to this & similar threads.

Thanks to all, for contributions made. Very Happy
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Re: Need Advice now GOODF has gone

Post by discodave4093 on Sat Aug 12, 2017 12:28 am

The OC can be just as pesky as the DCs and this is often overlooked so here is a sample reply to an OC, as usual feel free to copy and use as you wish

In reply to your  letter dated xx/xx/2017 the contents of which are noted and rebutted in their entirety
.You were given a chance 3 times to prove your claim by sending me the following items
1. Validation of the debt (the actual accounting);
2. Verification of your claim against me (a sworn affidavit or a hand signed invoice in accordance with  The Bills of Exchange Act (1882) );
3. A copy of the contract signed by both parties and therefore binding both parties.
4. A true and certified copy (NOT photocopy) of the Original Note (Credit Agreement), under penalty of perjury and with unlimited liability and confirmation that this Note, has never been sold.
5. The name of the individual who is the duly authorised representative from your company, who has carried out due diligence under The Money Laundering Regulations 2007 and what actions s/he has taken in relation to this account.

FOR AVOIDANCE OF ANY DOUBT NOTHING ELSE OTHER THAN THE ABOVE WILL BE ACCEPTED


In addition to what I have already asked you for I now also ask you for the following 2 items
1. A signed statement from a named individual from (OC Name), that the original agreement has never been sold or traded in any way.
2. A signed statement from a named individual from (OC Name) that no insurance claim has been made in respect of this claim.
These are in addition to the documentation requested that you have failed to so far provide.All including the original agreement will be required in court should you decide to proceed.

As you failed to supply me with any of the above mentioned documents  as a result I DO NOT accept that there is any outstanding balance, I DO NOT accept that I owe you anything and I will CERTAINLY NOT be paying you anything. Not by xx/xx/2017. Not at ANY time. Have I made myself clear enough?
So don’t send me letters about ways to pay because this is not relevant to me as I WILL NOT be paying.  Do you understand?

You were also told in a previous letter  that any further contact is now not necessary and will be subject to my fee schedule which I sent to you on xx/xx/2017. Your bill is included with this letter and is due immediately. Sending pointless letters only increases your bill. Any claim brought against me will be strongly defended.  As Mentioned before I will vigorously defend against any solicitors fees and court costs ,and on the second note the claim itself should it ever go to court

I trust I have made myself understood


Again if you don't like using the billing leave that part out

I hope this is helpful

Dave


Last edited by discodave4093 on Sat Aug 12, 2017 12:31 am; edited 1 time in total (Reason for editing : spelling error)

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