quid 24 / carter forbes

[okz19ant]

hi all ,
i have carter forbes, a debt collecotor on behalf of quid 24, chasing me for £264.62
they have been chasing for a while but im getting annoyed with the snotty emails and stupid remarks, and threats. this £264.62 amounts up of,

£190 for being 14 days late, and £75 in debt collectors fee and interest. (note amount is 38p short, as i made a 38p gesture of goodwill payment, which was one months interest at 8%apr as i was 14 days late with payment so i felt obliged to reward them for the 14days.

they have recently been texting me saying someone is coming to my house on the 18th. and they have also started emailing me, with stupid emails offering to make payment plans for a debt that i dispute.

now clearly i refuse to pay the charges as i the £75 woudlnt exist if the £190 was not there, and i do not owe the £190 as they are unjustifiable charges.

heres how they justify charges,

* Interest on the overdue sum at the rate applicable of 8% per annum.
* £60 for the first reminder letter (which will be sent to you once the advance has become 1 day overdue)
* £50 each for the second reminder letter (which will be sent to you once the advance has became 2 days overdue)
* £30 for the third reminder letter (which will be sent to you once the advance has became 4 days overdue)
* £50 for the fourth reminder letter (which will be sent to you once the advance has became 7 days overdue)

and yes i am aware that nowhere in the credit agreement does it state they can charge me, for debt collectors. which is a failure on their behalf, trying to charge me for something i didnt agree to.

also can i point out that no letters were sent, all that was ever recieved was enmails. and does anyone else agree the these charges are unjustifiable?

how do i get rid of the because im not paying as what they are doing is borderline illegal, if it isnt actually illegal.

also i sent them this emaild today (probably a bit childish of me, but i like a bit of banter no and then ! )......


who the hell are you to tell me "i actually owe.... " you know nothing of the situtation, all you ACTUALLY KNOW is that you computer screen tells you that i am accused of owing £264.62 and i am telling you this is not the case. and you will find that if you ring me at work you will have a lawsuit on your hands, as i revoke you right to ring me on any contact number you have (see attached document 1. and as for texts about door stop visits, i revoke your right to even come to my door (see attached document 2)

HERE ARE MY CHARGES FOR BREACH OF THE ABOVE

charge 1 - opening my front door to a welcome guest - FREE
charge 2 - opening my front door to an idiot from quid24, carter forbes, or any the of their disrespective representatives - £100
charge 3 - receiving a call on a personal contact number and or work, - FREE
charge 4 - receiving a call on a personal contact number that is from some plonker from quid24, carter forbes, or any of their disrespective representatives - £25
charge 5 - receiving a call on works number that is from some plonker from quid24, carterforbes, or any of their disrespective representatives - £75

if you feel like breaching the above, could you please do the following , knock at my door (once) ring me at work (twice) and call me at home or on my mobile (once) i feel that if you are willing to break the law, that you should do the recently suggested actions, as this will amount to £275 in charges owed to me, which i will be willing to swap for the accused £264.62

have a nice day.




anyone with any help or suggestions to offer please feel free to let me know, i just want them off my back!!
------------------------------- merged -------------------------------
**correction** it does not state that can or will charge me a debt collection fee

[Sapphire]

Re: quid 24 / carter forbes

Hiya and welcome to the site

First off I'd remove your name from the bottom of the above post, or I can do it for you.

To be honest it certainly looks to me like you're on top of this, my more learned friends may have something to add.

Re points 1 & 2 I'd also point out that by knocking at your door, they are in fact on private ground and you can sue them for torte of trespass, that usually shuts them up.

I had one knock at my door once, by the time I'd finished with him he went away saying I'd given him a migraine.

[bluebottle]

Re: quid 24 / carter forbes

Hi Okz19ant and welcome to Legal Beagles.

Okay, looking at your post it is clear that OFT Debt Collection Guidelines are not being adhered to by Carter Forbes. I am attaching an up to date copy of the Guidelines to this post so that you can quote from it if necessary.

There are a number of statutes that address the misconduct of DCAs, these being -

Section 40, Administration of Justice Act 1970
Section 1, Malicious Communications Act 1988
Section 2 & 7, Protection from Harassment Act 1997

In serious cases, the following can also apply -

Section 21, Theft Act 1968 (Blackmail)
Section 2(1), Fraud Act 2006 (Fraud by False Misrepresentation)

Your first step is to report Carter Forbes to your local Trading Standards Department and send a letter of complaint to the OFT's Consumer Credit Licensing Department. The address is on their website at http://www.oft.gov.uk. The OFT CC Licensing Department is responsible for licensing DCAs and, importantly, revoking their licences were there is evidence of abuse. Please be aware that complaints in isolation do not prompt CC Licensing to take action. Instead, they wait until they receive a number of complaints before acting. Who knows, your complaint may be the one that triggers enforcement action against CF.

If the credit agreement makes no mention of charges for debt collection, then they cannot be charged. Charging such fees without including them in an agreement is Fraud. Making threats which are unwarranted and include menaces is Blackmail. Both carry substantial custodial sentences.

Write to CF and make it clear you dispute their figures and also make it clear their behaviour is in breach of OFT Debt Collection Guidelines. If they argue, tell them you checked with Legal Beagles. It would appear LB's name is beginning to have a positive effect on the behaviour of DCAs.

Come back onto this thread and let us know how you get on.

Bluebottle

[bluebottle]

Re: quid 24 / carter forbes

OFT Debt Collection Guidelines as promised.

[okz19ant]

Re: quid 24 / carter forbes

Hiya and welcome to the site

First off I'd remove your name from the bottom of the above post, or I can do it for you.

To be honest it certainly looks to me like you're on top of this, my more learned friends may have something to add.

Re points 1 & 2 I'd also point out that by knocking at your door, they are in fact on private ground and you can sue them for torte of trespass, that usually shuts them up.

I had one knock at my door once, by the time I'd finished with him he went away saying I'd given him a migraine.

thanks for info so far, i have continuied emailing them they are asking for copys of bank statements from feb 2010, ( i only took out the loan in sep 2011) so quite happily i sent the documents, "to prove i dont owe it" the original load was for £100 with a payback of £110, i paid it back 14 days late and paid £110.38 (38p explained previously)

after sending them letters stating about not being able to ring me, they have replied regardless of whether or not i believe they are breaking the law they will continue to ring.

what do i do if they continue ?

[okz19ant]

Re: quid 24 / carter forbes

i have contacted they by phone, the guy i spoke to has said he will contact quid 24 to see what is going on, as back in december i did notify the financial ombudsman, yet heard nothing back from quid24, carter forbes have on their system the loan was taken out in feb 2010, then upon review claim it was taken out in feb 2011, i said i would happily sent them statments to prove i did not take it out in either months, (as i know it was sep 11) but its up to them if they wanna chase me for either date claimed i can prove i didnt borrow it, and dont owe for either date.

told them to get back to me by email when they get their facts right!

[bluebottle]

Re: quid 24 / carter forbes

i have contacted they by phone, the guy i spoke to has said he will contact quid 24 to see what is going on, as back in december i did notify the financial ombudsman, yet heard nothing back from quid24, carter forbes have on their system the loan was taken out in feb 2010, then upon review claim it was taken out in feb 2011, i said i would happily sent them statments to prove i did not take it out in either months, (as i know it was sep 11) but its up to them if they wanna chase me for either date claimed i can prove i didnt borrow it, and dont owe for either date.

told them to get back to me by email when they get their facts right!

Hi Okz,

What a disorganised bunch CF are. I agree that they and Quid 24 need to get their facts straight. If they don't, they could be facing action under Sections 2 & 12, Fraud Act 2006, possibly, Section 21, Theft Act 1968 and, almost certainly, Sections 2 & 7, Protection from Harassment Act 1997. Keep these up your sleeve just in case you have to get tough with CF and Quid 24. Keep us informed of what transpires. Thanks.

Bluebottle:beagle:

[okz19ant]

Re: quid 24 / carter forbes

hi all, just to let you know carter forbes still carrying on, keep sending me texts, and emails, saying they still not made contact with me regarding my accoung, recieved and email aswell stating that quid 24 are offering a settlement figure of £130. i replied to them that i will only accept a settlement figure of £0 as i owe them nothing.

does anyone know any legal route i can start taking in regards to this matter, ive read elsewhere that all i have to pay is the original loan amount plus 1 months interest. is there anything legally that can back this up?

[CleverClogs]

Re: quid 24 / carter forbes

hi all, just to let you know carter forbes still carrying on, keep sending me texts, and emails, saying they still not made contact with me regarding my accoung, recieved and email aswell stating that quid 24 are offering a settlement figure of £130. i replied to them that i will only accept a settlement figure of £0 as i owe them nothing.

You should write to them again, accepting their offer to settle the matter for £130 in respect of their unwarranted harassment and stating that you will accept their payment by cheque in full and final settlement of any claim you might make.

You should head the letter or email "without prejudice" and make it plain that your generous offer will remain open for only two weeks.

[bluebottle]

Re: quid 24 / carter forbes

You should write to them again, accepting their offer to settle the matter for £130 in respect of their unwarranted harassment and stating that you will accept their payment by cheque in full and final settlement of any claim you might make.

You should head the letter or email "without prejudice" and make it plain that your generous offer will remain open for only two weeks.

If this doesn't seem to have any positive effect, you can apply to your local County Court for an ex parte interim injunction under Section 3, Protection from Harassment Act 1997. The term "ex parte" simply means "without the knowledge of" or "without notice". Once that is in place, you then apply to a Circuit Judge to make the injunction permanent. If Quid 24 and CF then break either of the injunctions, they risk an unlimited fine, up to five years' imprisonment or both. I know it sounds a bit extreme, but, sometimes, it's the best way of stopping the sort of harassment you are being subjected to.

[bluebottle]

Re: quid 24 / carter forbes

Hi Okz,

Attached to this post is the Protection from Harassment Act 1997. This will give you some background to the remedies available to you, should you have to wield the big stick with Quid 24 and CF.

[TUTTSI]

Re: quid 24 / carter forbes

Hi Okz

Just to say that it is always best to keep everything in writing with these clowns and that you should NOT speak to them on the phone as they will twist your words and theirs and nothing will be gained. They are simply harrassing you and this they must be stopped and this will not help them get this debt paid any quicker.

Apart from the wonderful help and guidelines that BB abd CC have given you here is our harrassment letters (choses one that suits or amend as you feel it is necessary) which you could also write to them, chose one that is most appropriate.
http://www.legalbeagles.info/forums/...read.php?t=286

Remember they are debt collectors and not bailiffs and they have NO RIGHT whatsoever to come to your property unless they are invited and I guess they are not coming round for tea any time soon.

i have contacted they by phone, the guy i spoke to has said he will contact quid 24 to see what is going on, as back in december i did notify the financial ombudsman, yet heard nothing back from quid24, carter forbes have on their system the loan was taken out in feb 2010, then upon review claim it was taken out in feb 2011, i said i would happily sent them statments to prove i did not take it out in either months, (as i know it was sep 11) but its up to them if they wanna chase me for either date claimed i can prove i didnt borrow it, and dont owe for either date.

told them to get back to me by email when they get their facts right!

[Guest]

Re: quid 24 / carter forbes

HI
I know it is tempting to have a go at these people but in the end it can be self-defeating
I have found that talking to DCAs is usually none productive. When you contest charges or argue existence of sums due, you are merely continuing a dialogue; this in my opinion is what they want.
Quite simply, if you feel you do not owe the money all you need to say is ,” I do not owe this , if you think I do please take me to court and prove it”. I find that just repeating this simple sentence without any further embellishments generally does the trick after a few days.
IF they did not commence proceedings after a period then you could claim harassment, if you do not make this statement they could attempt to justify their repeat calls by saying that they were trying to resolve a dispute about payment amounts etc.
Peter