Written by John Kruse, one of the leading experts on Bailiff Law, this consumer friendly guide is essential reading for anyone who comes into contact with a bailiff.
The book is easy to understand and clearly explains the rights
a bailiff has, and also what they cannot do when collecting debts and repossessing goods etc.
Your Name
Your Address
Date
Account No : XXXXXXXXX
Client : XXXXXXXXX
Dear Sir/Madam,
I do not acknowledge ANY debt to your company. You have now failed to supply me with a copy of the original signed agreement for the alleged "debt" you are trying to enforce. This request was sent on INSERT DATE HERE together with the statutory fee of £1.00. I have given you more than enough time to supply the original signed agreement and you have now exceeded the allowed time. By not supplying the documentation I believe you have now committed a criminal act under the legislation contained within section 77 (1) and section 78 (1) of the Consumer Credit Act 1974.
You are reminded that you were obliged to supply these documents, whether you are the original creditor or not, under section 189 of the CCA 1974. As you are aware, a credit agreement that is not properly documented and signed by the customer is totally unenforceable under the CCA and therefore is a complete defence to any court claim that is issued.
I now consider the matter closed and no further correspondence regarding payment will be entered into. If you persist on pursuing payment you will have left me no choice but to report this matter to the statutory authorities.
I now await your letter of confirmation that the debt is written off, as you have been unable to produce the paperwork required by law. And I demand that as you cannot prove that the debt ever existed, to remove any negative entries on my credit file relating to this matter immediately, as they are unsubstantiated, else I will not hesitate to bring the full weight of the Data Protection Act 1998 against NAME OF COMPANY HERE as a Data Controller.
YOUR NAME
You might have to 'tweek' it a bit.
Regards.
Scott.
Any advice I give is honest and in good faith.
If in doubt, you should seek the opinion of a Qualified Professional.
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Template letters
's for non compliance\ chasing a debt in dispute etc.
The Consumer Forums
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