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.
Would you good people please comment on the following first letter;
I hope this is the correct place, if not apologies.
Account/agreement no. XXXX XXXX XXXX XXXX
Dear Sir /Madam
This letter is a formal request for a true copy of a correctly executed contract/agreement, numbered as above. Please be aware that I require a true copy, signed by both myself and a representative of your company that contains all the relevant information. This is my right under the Consumer credit act 1974, Sections 77/78. I also require the following.
1.A full statement of account.
2.A true copy of any deed of assignment.
3.A copy of any other documents referred to or related to this matter.
Please also be aware that I am fully cognisant of my rights under The CCA 1974 and amendments thereafter. I enclose the fee of one pound (£1) to cover your costs, as required.
I am not asking for;
1. Any information covered by any DATA Control Act.
2. A set of terms and conditions.
3. A copy of an application form.
4. Any other documentation other than that requested above.
Under the terms of the aforementioned act you are required to provide this information within 12 working days. Failure to do so is an offence and renders the alleged contract unenforceable without recourse to a court of law.
Failure to provide the requested documentation within the stipulated time frame will put the account into a very clear dispute. While in dispute the following rules apply.
A creditor may not:
1. Demand any payment on the account, and a debtor is not obliged to offer payment.
2. Add interest or charges to the account.
3. Pass the account to a third party.
4. Register any information in respect of the account with a credit reference agency.
5. Issue a default notice in relation to the account.
As I am sure you are aware, recourse to a court of law will require you to produce the original correctly executed agreement. If you have it, please provide a true copy as required.
If you are unable to provide the requested true copy I will require you to take all necessary steps to remove adverse credit references to my name.
I will also expect you to advise me of all charges and interest made on the account since its inception and your intentions with regard to repayment.
Failure to contact me within 21 days will result in reports to the Ombudsman and Office of Fair Trading and the possible commencement of legal proceedings.
The delivery of this letter will be recorded by the Post Office.
7. Thinking of a Full & Final Settlement?Read Here
my views are my own...seek legal advice if ness
NEVER EVER - act on a private message asking you to visit another website, make contact 'off list' or by telephone
- alert the siteteam IMMEDIATELY by hitting the black warning triangle on any message - Particularly if this results in a request to pay a fee to help you.
rather than hittting to be my friend - hit the star
With reference to the alleged debt to your company, this letter is a formal request of true copy of a signed and dated credit agreement for the above account number, under the terms and conditions of section 78(1) of the CCA act 1974. I enclose the statutory maximum fee of £1.00
I expect you to comply fully and properly with this request, within the statutory time limit.
I enclose a postal order no xxxxxxxxx in the sum of £1.00, which is the statutory fee. Note that these funds are not to be used for any other purpose.
If you are unable to comply fully and properly with this request, you should confirm this in writing at the earliest opportunity, and certainly within the statutory time limit for compliance, and return the fee.
I look forward to hearing from you.
Yours faithfully
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With reference to the alleged debt to your company, this letter is a formal request of true copy of a signed and dated credit agreement for the above account number, under the terms and conditions of section 78(1) of the CCA act 1974. I enclose the statutory maximum fee of £1.00
I expect you to comply fully and properly with this request, within the statutory time limit.
I enclose a postal order no xxxxxxxxx in the sum of £1.00, which is the statutory fee. Note that these funds are not to be used for any other purpose.
If you are unable to comply fully and properly with this request, you should confirm this in writing at the earliest opportunity, and certainly within the statutory time limit for compliance, and return the fee.
I look forward to hearing from you.
Yours faithfully
Good Grief I'd forgoten how verbose I can be!! I think I was scared of missing something out. This was a letter concocted after a few non-responses from various CCC's. It, or any of the follow up's never really worked anyway. Thanks for sorting it out Vint