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,
Can anyone point me to the letter you send to the DCA when they continue to contact you despite failing to provide to the statuatory request for the CCA? Something about OFT and FSO?
Have a look around the treads and typical examples will be found and cut them to suite. I would suggest 20% of posts contain such letters but not all accuratly apply, thats why I suggest you look because I dont know the details.
I wrote to to you on september 28th september via recorded delivery and was delivered on the 02/10/2006,requesting a true copy of the signed agreement under the terms of the secs. 77(1) and 78(1) of the CCA 1974,enclosing the statutory maximum fee of £1 in the form of a postal order.
I have not been provided with a signed agreement under the consumer credit act, I have not been provided with a statement of account, and I have not been provided with a true copy of the deed of assignment, despite my properly formatted and paid for request.
I therfore do not acknowledge any debt to (company name)
I will no longer be making payments against this "debt" as it is unenforceable. I belive thames credit have now committed a criminal offence under the terms of the Consumer Credit Act, and non compliance with the original request is therefore a complete defence to any court claim that is issued.
I calculate that since 28th september 2005,you have taken £200 from my account. I require repayment in full of this money within 14 days or I shall begin a claim against you for the full amount plus interest plus my costs and without further notice. I have reviewed my credit reports supplied by Experian,and Equifax, and note that you have registered a default notice against me. I do not recall receiving any such Notice of a Default being served on me, as required by the conditions of the Consumer Credit Act 1974.
I therfore request that you instruct Equifax plc, Experian Ltd for a complete removal of all data pertaining to your records on me, to the extent that no data entry in relation to (company name) will exist on my credit files.
I give you seven days from the date of this letter to comply; otherwise I shall have no alternative but to refer the matter to the Court to seek an Order to that effect. Should it be necessary to refer the matter to the Court, then I shall also apply for Court fees and legal costs against (company name). I shall also reserve the right to seek redress for damages as per the remit of the Data Protection Act.
I will also have no option but to report your breaches to the relevant statutory authorities, including but not limited to Trading Standards, The Office of Fair Trading,The Information Commissioners Office,The Financial Ombudsman and The Financial Services Authority.