----< We messed up >----------------------------
We reported that Carol Riley and the National Association of Mortgage Victims were looking for customers of Consumer Loans and asking them to call NAMV's phone number - 01889 507394. We wrongly said that the number is a premium phone number and that the proceeds were used to fund NAMV's work against bad lenders. The number is not a premium number and does not cost more to ring than any other phone numbers. Sorry about that NAMV.

----< Postcards ask repossessees to ring >------
Debt collection agencies - and presumably pre-litigation report writers too - have found a new trick to
a) get you on the phone and
b) prove that you live at a particular address.

That trick is to send you a more or less anonymous postcard asking you to telephone a number. Here's the experience of one reader:

"About a week ago, my next door neighbour received a phone call asking if I still lived in my current house (which, incidentally, is rented). My own phone number is ex-directory.

At the weekend (Easter) I received a hand-written picture postcard from Glasgow saying: "Gary - Could you please contact David Stewart on 0141 300 5412? Thanks!"

At the foot of the card was a 7-digit number, also hand written.

I phoned this morning and asked who the company is. The answers (note plural) were, "Well, there are several departments here. Can you tell me how you got this number?"

"We deal with undelivered mail." ... and similar.

I don't know about you but I think this really smells."

Too right it does! Here's an email from another reader:

"Alert Investigations sent out plain postcards to the address they think the person they are seeking lives at.

The card does not have the occupants name, it only has the address. The other side of the card instructs the reader to contact a MISS BOYDEN on tel 01706 226065 and to quote the reference number on the card. Dont reply!!!!"

This reader gave Alert Investigations' address as: Alert Investigations Ltd, Radiant Works, Burnley Road, Rawtenstall, Rossendale, Lancashire, BB4 8EW. Tel 01706 225965. Fax 01706 226134.

We've been told that Alert Investigations work for Abbey National lawyers Dibb Lupton Alsop.

So what is this postcard business all about?

That lenders and debt collection agencies like to get you on the phone is no secret - we've covered this aspect of debt collection on The Home Repossession Page in detail.

But it can also help the people (usually the same debt collection contractors) that produce pre-lit reports for lenders. Here's how the system works:

Lenders want to make money out of their shortfall chase.
They don't want to go to court.
They can frighten you on the phone without anything being put in writing.
So send you a postcard that gets you on the phone
If talking to you fails, their only choice is to take you to court.
But that can be expensive and unprofitable if they mess it up (by, for example, sending the summons to an address you no longer live at or mixing you up with someone else who earns more than you do).
The answer to that is simple: get you on the phone and let you verify who you are.

----< Barrister's advice to repossesses >--------
(especially useful if you are dealing with Eversheds)
A couple of readers have written in with details of the advice given to them by barristers whom they consulted over shortfall claims. What follows is an edited summary. We have inserted our own comments in brackets:

1. Most of the letters sent to me by Eversheds insisted that I reply within 'x' amount of days. Usually 7, sometimes more, increasingly less. A favourite of theirs would be to post their letter to arrive on a Friday and insist that I respond within 3 days or further action etc. etc.

Obviously, this would mean a response on the Monday leaving only the week-end to get my response together. I have been told this is bull...... .

They have no right to place a time limit, or should I say, they can but it's not a legal right.

You do not have to respond within this time. It's just another method of intimidation and pressure.

My advice however, when responding to them is:

a) Respond within the time. This, in the event you do go to court, shows good willing to the Judge. You do not need to give them the answer they are looking for, if anything deliberately don't. Just drop them a "one line" acknowledging receipt of their letter and inform them that you will get back to them in due course.

b) They always write "without prejudice" at the top of their letters. Do the same on yours.

c) Keep the envelopes that their letter came in. I have instances where the post mark has been up to 5 days later than the letter has been dated. When they are pressuring you for a response "within 7 days of this dated letter", you have already lost five days. Point this out. Show them up! (Home Repossession Page note: we see this happening time are time - take the reader's advice)

d) I always send my letters by registered post. They have tried the "we have not had your response......" letter informing me that I did not reply. This would not look good before a judge. It would appear that you were being unhelpful. It also seemed to be when I was asking them for documentation that they didn't receive my letter. I was in a position, thanks to the letter being registered delivery, to write back with proof of signature and time of arrival. I told them to get their act together or to look for the thief within their company. I included again the letter requesting substantiation of their claim and this time they could not deny receipt. They still wouldn't provide evidence though. (Home Repossession Page note: we see this happening time are time. Read the Lenders' Mindset logs in the Repossession section of the Home Repossession Page to see how Bradford & Bingley seemed to "lose" crucial letters. And remember that it is good news for you when the lender/lenders' lawyer will not answer your requests for information properly - they are screwing up their own future court case against you.)

e) Keep copies of everything. If you do get telephone calls from them as I did, refuse to talk to them about the case. As has been pointed out by others on this site, they are very slippery. Make a note of the date, time and contents of the conversations. Tell them to stop harassing you. They do not like that. It is not good on their part to be seen to be harassing people. Keep everything to written correspondence. They can not deny anything then. (Home Repossession Page note: Absolutely!)

My last point for now regarding the time limit . I was told by the Barrister that as far as he was concerned, the time limit would start from the first date that the contract was broken, and that a contract is broken from the first default of payment. If this is true, and he seemed quite certain about that, then my six years are well and truly up. He also believed that this would fall within the 6 year limit as they are chasing me for money - not property, land or deeds. They had had their property and sold it. This was subrogation. They had been paid the shortfall under my Indemnity Insurance and were only chasing the shortfall as a contractual requirement to the insurance company , to try and claim back as much as possible for them.

He advised me however not to tell them that I was aware of any of this. Just keep it in the back of my mind so that should I go to court I can bring it out then. (Home Repossession Page note: as a general point, we don't advise repossesses to let lenders or their lawyers know what the repossessee knows. Just write back politely asking for the information/proof that you require to deal with their claim. Reveal their cock-ups when they are in court or have issued a summons. That way they are more likely to be exposed as incompetent, document-losing liars in front of the person who can award costs against them - a judge. Anyway, back to the reader....).

He said it was most definitely worth fighting, that any judge would take a sympathetic view to my case as Eversheds would not supply me with back-up documentation. He said he didn't doubt that I would be awarded costs.

I have now contacted The Office for the Supervision of Solicitors to complain about Eversheds and their conduct which I believe is intimidating and totally unprofessional. This morning I received a reply from The OSS. They are hopeful that they can help me and a caseworker is due to be contacting me shortly.

I have also written to The Banking Ombudsman who are yet to reply.

I have also informed Eversheds that these were my next actions. They have now gone very quiet!

We shall see......

I, like many others, have and still am having a really tough time with Eversheds. There are many stories I could tell and I have "caught them out" several times. They don't like it. Good! "

(Home Repossession Page note: There is nothing we can fault in the advice the barrister gave this client. However, your circumstances may differ, the law may change and different judges interpret laws differently. So get your own advice if you are summonsed.)

A reader has also very kindly added some notes on limitation periods to the Q&A board. They can be seen at:
http://www.greenspun.com/bboard/q-and-a-fetch-msg.tcl?msg_id=0038xa and in responses to various messages on the board.

----< Igroup/Ocwen tragedy continues >------------
Igroup is still chasing former Ocwen customers for failing to meet its unmeetable contract terms.

Excellent website www.mrscohen.com is carrying this and other stories of Britain's financial rip-offs.

The latest igroup/Ocwen story is at:
http://www.mrscohen.com/mrscohensays/default.asp?section=0&vid=11104

Mrscohen is also carrying news of the latest meeting between debt advisors and lender lobby group, the Council of Mortgage Lenders.

That story is at:
http://www.mrscohen.com/mrscohensays/default.asp?section=0&vid=9775

and mrscohen.com's home page is at:
http://www.mrscohen.com/

It is recommended reading.

[ends]

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