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Help Nedded i have had a collection lettter from cci legal on behalf of usenext saying that i owe them 74 Euro Converted to £74.10 they give an ip address and an email i have never used. if i am correct usenext provide illegal download and file shareing which i have never participated in. the letter states that all there trial accounts are upgraded without notifacation to full paid accounts and that i owe them this money. what should i now do i have sent a very strongly worded email to cci
You have contacted me/us regarding the account with the above reference number, which you claim is owed by myself/ourselves.
I/we would point out that I/we have no knowledge of any such debt being owed to (insert company name).
I am/we are familiar with the Office of Fair Trading debt collection Guidance which states that it unfair to send demands for payment to an individual when it is uncertain that they are the debtor in question.
I/we would also point out that the OFT say under the Guidance that it is unfair to pursue third parties for payment when they are not liable. In not ceasing collection activity whilst investigating a reasonably queried or disputed debt you are using deceptive/and or unfair methods.
Furthermore ignoring and/or disregarding claims that debts have been settled or are disputed and continuing to make unjustified demands for payment amounts to physical/psychological harassment.
I/we would ask that no further contact be made concerning the above account unless you can provide evidence as to my/our liability for the debt in question.
I/we await your written confirmation that this matter is now closed. Otherwise I will have no option but to make a complaint to the trading standards department and consider informing the OFT of your actions.
I have received the same letter, but they claim I owe £24 since september 2007. As far as im concerned I will not be paying it. Thanks for the letter, I will send that to them.
I've also received a letter from CCI Legal (a DCA) who are acting on behalf of Aviteo Ltd T/A Usenext stating that I owe them 110 euros from a lapsed agreement to use usenext (a private server for downloading files) from 2007. As this service is a pre-pay rolling contract and I did not renew as my credit card had expired, I fail to see how I can "owe" money on a service I cannot use as it is pre-pay only.
I have sent them a 'Prove it' letter and will now sit back and see what happens, this looks like a similar event as above.
Please keep me informed as to how you get on and I'll do the same.
That was the same reason for mine keeper, my card changed so they couldnt withdraw the monthly payment. But they only renew your download allowance if you pay the monthly payment so I cant see how I owe them £25. Let me know how you get on mate.
My wife has just received her second letter from CCI Legal.
It sounds like it's the same as those previously mentioned here: you owe us some money for a trial account that was extended. The date on my wifes letter was more than two years ago.
Neither my wife or myself have heard of USENEXT so I'm assuming this is some sort of [problem]. Having searched online there seem to be quite a few people getting these letters, with some people saying they have used USENEXT and others saying they're never heard of them. The email address stated on the letter isn't one my wife has ever used.
I haven't decided whether to send them a letter or to keep ignoring them. Hopefully when this gets reported in forums more and more they'll give up trying to con people.
Date:
Our Ref: xxxxxxxxxx
Account Name: USENEXT website access (Aviteo Ltd T/A Usenext) Description: x GBP Equivalent £ UseNext Internet Service
Account No.: xxxxxxxx Invoice No.: xxxxxxxxCurrent Balance: €
Registration Date: xxxxxxxFirst login: xxxxxxx
I.P. Address: xxxxxxxxx User Email xxxxxxxx
In spite of previous reminders you have not paid the amount as detailed above.
Please note that 14 day trial packages and contracts are automatically extended in accordance with the terms and conditions printed on the reverse of this letter. You confirmed your acceptance of these terms during the sign up process.
Unless this is paid direct to the above address by 23/02/2009 we shall immediately recommend to our client that an adverse entry be made against your name and address with the principal Credit Reference Agencies. The effect of an adverse entry will make it very difficult for you to obtain credit and may affect the terms of your existing credit agreements. The entry will remain on your rating for two years, during which time it cannot be removed.
Please pay online at xxxxxxxxx or call xxxxxxxxx for other payment options.
Yours sincerely CCI LEGAL SERVICES LTD PAYMENT ADVICE Re: xxxxxxxxx
Please mail your cheque / postal order to CCI. All cheques or postal orders should be made payable to CCI Legal Services Ltd. Payments may be made in either Euros or Sterling.
I enclose
Ref: xxxxxxxxxxxxx
Name Address
PLEASE MAIL YOUR CHEQUE TO CCI LEGAL SERVICES LTD. CALL xxxxxxxxx AND PAY BY CREDIT OR DEBIT CARD, OR MAKE PAYMENT ON-LINE AT xxxxxxxxx
This
communication is from a debt collector and is an attempt to collect a debt. Any information obtained will be used for that purpose. PLEASE TURN OVER
If anyone has any ideas I'd be willing to listen, but I think my next move should be to send them another letter in a few days.
Maybe something like this ?
Ref: [enter ref here]
Dear Sir/Madam
Thank you for your letter of [enter date], 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 [enter 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 [enter date 12+2 working days from when you sent it]
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 you enter into a default situation.
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.
Hmmm is it just me or is suss because of the threat of an adverse comment on your credit file remaining for only two years... credit comments stay on your file for 6 years!
IMPORTANT: Please take my advice in the spirit it is given and on the basis that I am expressing my opinion, These opinions are not endorsed by CAG in anyway and are offered informally without prejudice or warranty of any kind. These opinions are solely based upon the knowledge I've gained from this fantastic site and life in general. I have NO legal training.
Hi, has anyone had anymore contact with these jokers lately?
I sent my prove it letter off on the 6th of Feb & received something back today marked 'without prejudice'.
"This agreement is not subject to the Consumer Credit Act 1974. It is a non-regullated agreement for fixed sum creditor running credit"
Along with the usual drivel........
I signed up for the Usenext Trial and was a member for a year, ending 16/02/07 luckily I still have my 12 receipts, etc. but my time could be better spent other than sending emails and letters to these clowns though!
I've received an email from Usenext claiming I owe them 105 euros, after having a trial with them on 11 Dec 2006.
To the best of my recollection I tried to cancel, and may have succeeded, but have no proof.
I have a paypal receipt of 1 Euro for the trial, but I did not pay for the full term.
Now, over three and half years later they are trying to collect payment.
I've sent an email asking if the charge can possibly be correct, and received an automated acknowedgement from CCI.
As they do not seem to have my address (and they're not getting it!), I'm loath to send a letter to them. Should I just send a "Prove-It" email?
Sorry for bumping an old thread but I received an email along these lines today, albeit from Usenext, not CCI and I am concerned.
I signed up with usenext for a year many years back with phony details albeit with my correct email address and paypal account. I was living at a different address at the time if that makes any difference.
However I did do a free trial here one month so presumably they will have my IP address.
Can they demand my details from paypal?
I have reported the email as a phishing [problem].
Does anyone have any updated information on this subject?
if you send the proove it letter which we was told to send then they'll get off your back. They tried to demand £25 from myself but I sent them the proove it letter and I havent received anything since. Do not pay them a penny. If you scrool up and copy and the letter above and edit it then just send it.
Just send them the letter and only give them your usenext account number. You dont need to give them any bank details etc.
Copy the following:
Dear Sir/Madam
Account no:
You have contacted me/us regarding the account with the above reference number, which you claim is owed by myself/ourselves.
I/we would point out that I/we have no knowledge of any such debt being owed to (insert company name).
I am/we are familiar with the Office of Fair Trading debt collection Guidance which states that it unfair to send demands for payment to an individual when it is uncertain that they are the debtor in question.
I/we would also point out that the OFT say under the Guidance that it is unfair to pursue third parties for payment when they are not liable. In not ceasing collection activity whilst investigating a reasonably queried or disputed debt you are using deceptive/and or unfair methods.
Furthermore ignoring and/or disregarding claims that debts have been settled or are disputed and continuing to make unjustified demands for payment amounts to physical/psychological harassment.
I/we would ask that no further contact be made concerning the above account unless you can provide evidence as to my/our liability for the debt in question.
I/we await your written confirmation that this matter is now closed. Otherwise I will have no option but to make a complaint to the trading standards department and consider informing the OFT of your actions.
CCI Legal for Aviteo LTD T/A Usenext
.
