RE: Xit Debt - Unit 16b Wolverhampton Business Airport, Bobbington, Stourbridge, DY7 7DY
Letter number 2 dropped on my doormat this morning despite me asking them to remove my details from their records the first time it happened.
They told me that I'm on a public register. I told them that I asked before to be took off THEIR List to stop all future contact.
They tell me they have done so this time and I will not be contacted again, I guess only time will really tell, as I don't think they clean their lists.
We're willing to wipe the slate clean, give you a fresh start. All that we're asking in return is your cooperation.
Thse people are really annoying and I have had mailings from them : I sent this letter to them:
Dear Sirs
Yesterday we received a mailing from your company inviting us to review our current IVA.
The first point we would like to draw to your attention to is that our titles are Mr and Mrs ????? to those who have not been invited to address us less formally.
Secondly, personally we object to companies such as yours, intruding on our privacy and sending unsolicited letters in relation to our personal circumstances for what amounts to little more than a ‘fishing trip’ in the prospect that you may gain from our unfortunate position.
Lastly, you are fortunate in that having received your mailing today we are on annual leave and therefore we have been able to give it our full attention. Accordingly I have enclosed copies of relevant correspondence regarding our views on your kind invitation to us which we trust clarifies the position for you.
Yours faithfully
I then sent the followoing letter to OFT :
Yesterday we received the enclosed mailing from ‘Xit debt’ and in light of your recent announcement (also enclosed) we would like to draw the matter to your attention.
In relation to the mailing I would like to raise the following comments :
(a) Although it was made clear to us that our names would be recorded on the Public Register we were unaware that the provision of such information could be used ‘for marketing purposes’. In this respect we will be writing separately to the Insolvency Service and Data Commissioner because we were not aware and have not consented for the ‘data’ to be used for that purpose.
(b) Paragraph 4 of the letter suggests that the debt, currently subject to the IVA, could be written off in total. This seems to be reinforced in the last paragraph. The letter gives, and I would argue, give any reasonable person, the impression that this could be done relatively easily without any significant complication and it also gives the impression that this is almost guaranteed.
(c) Whilst the information contained on the reverse of the mailing seeks to clarify the exact mechanism it nonetheless implies that those customers in an existing IVA should consider changing and that those customers in an existing IVA may not have been provided with suitable advice.
(d) The next to last paragraph on the reverse side of the mailing would appear to imply to the average customer that unlike other IVA providers, this company has some sort of ‘special endorsement and recommendation’ by the Official Receiver.
In concluding I would suggest that the mailing is misleading and we were caused alarm by the fact that we should (a) receive such an unsolicted mailing and (b) cause us to question the validity and suitability of our own arrangement which unlike this company, has been carried out by one of those that seem to have genuinely accredited recognition and acceptance.
I also had a reply from the Data Commissioner and The Insolvency Service again looking into their claims and the use of the information etc.
Strangely some chap rung me up from xit debt I cant remember is name Grant or Gary but basically rang me to say ' i was obviously a f****ing busy body who 'was' on the public register because I couldnt pay my debts etc.
I think I must have upset him somehow but just hang up when he started to be abusive.
He would have trouble getting my number though, I'm ex-directory and the numbers changed since I took out my IVA because of all the calls I were getting, but I will email Gary anyway.
We're willing to wipe the slate clean, give you a fresh start. All that we're asking in return is your cooperation.
We had one of these letters months ago. I put it in the recycling.
If I get another one, I may very well purloin greedfighters letters (if he doesn't mind!) and send one myself.
The stupid thing is, that when buy something, register on a website, you either have to opt out, or opt in to having people contact you with marketing messages. If you decline, they can't send you anything.
If the register remains public, perhaps we should all have the right to decline to receive anything as a result of them trawling the site.
Sharing from experiences of dealing with debt
The greatness of a man is not in how much wealth he acquires, but in his integrity and his ability to affect those around him positively.
Bob Marley. http://kallis3.blogs.iva.co.uk
How rude of them to contact you in such manner, having sent you unwanted correspondence inviting you to fail your IVA. It is about time the OFT got on top of all of the companies who have, or are continuing, to use information contained on the Insolvency Register.
Thankyou Melanie - I like to think I can write a decent letter.
At first I did ring them up anonymously and spoke to some young sounding girl whom I dont think had a clue about IVA's but passed herself off as an advisor.
She suggested it was easy and guaranteed !
1. I just stopped paying my IVA.
2. One of their Consultants would call at my home address.
3. I just paid them some payments and this would write off the entire debt - no mention of bankruptcy - payments would be dependent on level of debt - sounded potentially expensive (could be spread over 12 months plus any disbursements).
4. Not mention it to my own IP of course until
after the appointment and they had taken over my case.
5. Why should I pay the creditors anything when I could keep the money !!!!!!!!!
This sounded more like a packaging company - would not supply the IP's details.
The website on the letters is non existent.
The company on the Companies register is on 'warning for strike off'
I dont have any particular axe to grind with this company - My IP is very good and very professional, when she started on the 'they're not particularly very good' routine to clinch the appointment it made my blood boil.
All in all was not impressed, acted and sounded very unprofessional and figured it was some sort of underhand dealing to get people to switch companies for what I could see as very little benefit and more like potentially greater loss.
In the end got fed up of their mailings and decided to do something positive about it.
I enclose a copy of a mailing I received today from Xit Debt.
We are currently in an IVA and although we appreciate that information relating to an IVA is publicly available for ‘information purposes’ we were totally unaware that such information could be used for ‘marketing’ purposes’. We have not consented to the information being used for such and I am unaware of any statutory provision that permits such use.
Whilst I would acknowledge the use of the information from the Insolvency Register for the purpose of ‘information’ as being legitimate I think that using this information for ‘marketing purposes’ constitutes an invasion of privacy and simply takes advantage of those persons who are otherwise in less than fortunate circumstances.
I would therefore welcome any guidance on the issue raised and in particular whether any such use of this information by Xit debt, in the manner complained of, breaches the Data Protection Act.
Similarly I would be grateful for clarification, if any, of the statutory provision which permits the use of information obtained from the Insolvency Register to be used for 'marketing purposes', albeit that this may simply be unintended use of the information.
Yours faithfully.
By the way I have signed the petition and I will keep you posted on any reply - I like to challenge these sorts of things because Im boring and dont get out much. I passionately hate people being taken advantage of hence my forum name.
All they want to do is persuade you to go bankrupt and charge you a fee for the pleasure. There will not be an IP firm behind this - you don't need one to help you fill out simple bankruptcy application documentation.
Hmm, guess I can look forward to this..or does being on the mailing preference list mean I shouldn't get unsolicited mail as a result of being on the insolvency register???
I'm on both the mailing and telephone preference service to stop all junk mail.
These vultures who scour the insolvency register do not clean their lists against these services, I thought that was illegal. They just don't seem to care about sending their junk to people who simply do not want it falling into the wrong hands.
We're willing to wipe the slate clean, give you a fresh start. All that we're asking in return is your cooperation.
Doesn't matter what lists you are on, they will write to you.
They are out to make a quick buck from other peoples misfortunes. We on here are savvy to their underhanded ways. A lot of people out there are not. This is what they are banking on.
They really couldn't care less who sees their mail.
Sharing from experiences of dealing with debt
The greatness of a man is not in how much wealth he acquires, but in his integrity and his ability to affect those around him positively.
Bob Marley. http://kallis3.blogs.iva.co.uk
Ah, in that case I will have some fun composing letters back to them and the OFT..or give them to my children to crayon all over..save money on colouring books!
Thank you for your email of 3 September 2008 and for forwarding to us the copy of the mailing that you have received from Xit debt Ltd. This Office is indeed considering a number of unsolicited mailings sent to consumers which may be misleading in that they suggest recipients may have been mis-sold an IVA and/or that bankruptcy or another solution may be more suitable for their circumstances, when this may not be the case. A copy of our press release dated 5 June 2008, which gives more details regarding our considerations of such mailings, is attached for your information.
We are aware that Xit debt Ltd currently hold a consumer credit licence (number 594277). In December 2001 this Office published guidance for debt management companies, which applies to all those providing financial management services including IVAs, personal bankruptcy and commercial credit repair. The Debt Management Guidance (DMG) sets out minimum standards of behaviour expected of consumer credit licence holders engaged debt management services. In particular, the DMG states that advertisements and other promotional material must be clear and must not mislead, either expressly or by implication or omission. Should evidence come to our attention that suggests that a consumer credit licensee is breaching the DMG, then this is something that we can consider in terms of that licensee's fitness to hold a licence.
We shall therefore consider the mailing that you have forwarded to us in relation to compliance with our DMG. However, because of restrictions imposed upon us by Part 9 of the Enterprise act 2002, we are unable to give information to complainants about what action may or may not be taken in response to their complaint.
Thank you again for bringing this to our attention.
Regards.
We're willing to wipe the slate clean, give you a fresh start. All that we're asking in return is your cooperation.
