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.
Hi all Could anyone advise "what to do next".I have sent out my cca request on the 5th of September i have contacted the Royal Mail, who have confirmed that the "letter" has been delivered .I have stopped making payments to Triton.Initially i was recieving phone calls from Triton who i comletely ignored (1471).I have had no contact from them at all.Is there some thing with ref to a "30 day" rule ,which i am sure i have read on this site ?.
no the 30 day rule is now gone, hat you need to do is send them a letter stating the account is now in dispute due to non compliance of the cca request
PGH7447
Getting There Slowly
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Advice is given freely but is in no way meant to be taken as Gospel
no the 30 day rule is now gone, hat you need to do is send them a letter stating the account is now in dispute due to non compliance of the cca request
Hi Is there a template letter on site that i could download.thanks for the reply 29.
Thank you for your letter of xx/xx/xx, the contents of which have been noted.
You have failed to respond to my legal request to supply me a true copy of the original Consumer Credit Agreement for the above account.
On **DATE** I made a formal request for a true signed agreement for the alleged account under consumer credit Act 1974 s77/8. A copy of which is enclosed for your perusal and ease of reference.
You have failed to comply with my request, and as such the account entered default on **DATE**.(12+2 days after you sent the CCA request)
The document that you are obliged to send me is a true copy of the executed agreement that contained all of the prescribed terms, all other required terms and statutory notices and was signed by both your company and myself as defined in section 61(1) of CCA 74 and subsequent Statutory Instruments. If the executed agreement contained any reference to any other document, you are also obliged to send me a copy of that document.In addition a full statement of this account should have been sent to me detailing all debits and credits to the account.
Furthermore
You are aware that the Consumer Credit Act allows 12 working days for a request for a true copy of a credit agreement to be carried out before your client enters into a default situation.
This limit has expired
As you are no doubt aware section 77(6) states:
If the creditor fails to comply with Subsection (1)
(a) He is not entitled , while the default continues, to enforce the agreement.
Therefore this account has become unenforceable at law.
As you have Failed to comply with a lawful request for a true, signed copy of the said agreement and other relevant documents mentioned in it, Failed to send a full statement of the account and Failed to provide any of the documentation requested.
Consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS.
Furthermore I shall counterclaim that any such action constitutes unlawful harassment.
Please note you may also consider this letter as a statutory notice under section 10 of the Data Protection Act to cease processing any data in relation to this account with immediate effect.
This means you must remove all information regarding this account from your own internal records and from my records with any credit reference agencies.
Should you refuse to comply, you must within 21 days provide me with a detailed Breakdown of your reasoning behind continuing to process my data.
It is not sufficient to simply state that you have a ‘legal right’; You must outline your reasoning in this matter and state upon which legislation this reasoning depends.
Should you not respond within 14 days I expect that this means you agree to remove all such data.
Furthermore you should be aware that a creditor is not permitted to take ANY
Action against an account whilst it remains in dispute.
The lack of a credit agreement is a very clear dispute and as such the following applies.
* You may not demand any payment on the account, nor am I obliged to offer any payment to you.
* You may not add further interest or any charges to the account.
* You may not pass the account to a third party.
* You may not register any information in respect of the account with any credit reference agency.
* You may not issue a default notice related to the account.
I reserve the right to report your actions to any such regulatory authorities as I see fit.
You have 14 days from receiving this letter to contact me with your intentions to resolve this matter which is now a formal complaint.
I would appreciate your due diligence in this matter.
I look forward to hearing from you in writing.
Yours faithfully
PLEASE NOTE - I am not a legal expert, what is stated is my own opinion and from what I have learnt from this forum and my own experiences.
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My fight:
NDR - CCA'd 12+2 passed
Bank of Scotland - CCA'd 12+2 passed
CFS - Win by Technical Knock-out!
HFC Bank - CCA'd 12+2 passed
Chantry Collections - CCA sent
Time flies like an arrow
Fruit flies like a banana
<---------- Have I given you top advice, have I made you laugh, click on the scales, it won't hurt you! :grin:
Hi All I recently requested the above from triton who i have now been informed are 'managing the account' .The request was sent as said to triton but the reply i recieved came from the senior recoveries officer from the RBS. They have stated all the facts/dates of my request even that the £1 postal order had been 'cashed'.What they have sent myself is what looks like an application form ,but in the bottom right hand corner is a box of which i have signed stating that "this is a credit agreement regulated by the consumer credit act 1974,sin it only if you want to be legally bound by the terms".The whole page it'self is headed by the words APPLICATION FORM FOR A ROYAL Bank of Scotland CREDIT CARD.I am almost certain that i have completed this form dated 30/11/99,but a couple of things spring to mind .I am led to believe that there are certain items that need to be included in the document that i signed ?.Also i have (allegedly)ticked a box claiming to hold a barclaycard which is not the case then and never was.Could somebody advise on the points that need to be included on the agreement and where to go next many thanks.29
Hi 7447 Yes this is where i am upto at the moment with triton .I joined this site on the Aug 31'st and have only dealt with the one issue,unfortunatly i sometimes seem to be in the wrong forum,and again through trying to sort my finances out after a recent mess of which i got myself into through ill health and my first period of unemployment i am working my socks of at all different times to pay my debts off i am not always available.29.
29lithy
from Triton who i comletely ignored (1471).I have had no contact from them at all.Is there some thing with ref to a "30 day" rule ,which i am sure i have read on this site ?.
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Originally Posted by PGH7447
