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,
I did have some letter templates for creditors. But i have managed to delete them
The main one im looking for is the one to send a payment i can afford and the debt to be written off.
I hope this sounds familiar to some one.
Any help would be great.
Hi , I am new and looking for the template letters to send to DCA for default from 2001 asking for details off the debt , any help would be appreciated
thx
This one should do if you are disputing the debt totally ( sorry don't have as a link ):
(Your home address)
_________________
_________________
Date: ____________
To: ______________
__________________
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.
Hello i am very new to this forum. I am also very desperate i understand that there are some legal loopholes taht exist in respect of credit card debts on credit agreements signed more than two or three years ago. I am desperate to find out EXACTLY what I need to do or write to get my frightening and debts wiped out I simply can not afford to pay them.
I also have a huge problem with a interest only mortgage i took out in 2004. I can no longer live in the property and due to the huge slump in property value i am being offered 30,000.00 GBP less than i paid for the propety leaving a shortfall for teh mortgage redemion of about 27,000.00 can any one help me i am very very very desperate and i need to move fast.
Hi Hannah unless you receive any better advice on this site and as time is of the esscence, my suggestion would be to contact your local Citizens Advice asap, as they are excelent with help on these matters, best of luck anyway.
Hello i am very new to this forum. I am also very desperate i understand that there are some legal loopholes taht exist in respect of credit card debts on credit agreements signed more than two or three years ago. I am desperate to find out EXACTLY what I need to do or write to get my frightening and debts wiped out I simply can not afford to pay them.
I also have a huge problem with a interest only mortgage i took out in 2004. I can no longer live in the property and due to the huge slump in property value i am being offered 30,000.00 GBP less than i paid for the propety leaving a shortfall for teh mortgage redemion of about 27,000.00 can any one help me i am very very very desperate and i need to move fast.
Any one have any ideas where i can find a letter for non-complience of CCA request? its been 4 months since request. or should i just complain to TS & OFT??
cheers
Halifax Bank - Owed £1599
23/3 - Data Protection Act sent
24/5 - Data Protection Act finally arrived
25/5 - Demand for repayment sent
04/10 Court bundle filed with court and Halifax
29/10 STAY ISSUED
JAN 08 - Currently being harrased by debt collectors!
Mar 08 - New DCA - Stopped in there tracks
Jun 08 - And another
Jul 08 - Complaint made to HBOS
Nov 08 - My accounts been sold to a DCA
Jan 09 - New complaint issued against HBOS
Mar 09 - Halifax re-aquired the debt
Apr 09 - Applying for Hardship.
at least they removed 2 defaults in selling accounts!
I dont not claim to know everything and any advice i give should be treated as MY opinion.
hi , i am trying to find a template letter where the creditior even thought you have gone through a debt mangement plan ie cccs they received a amount each month bit each month they charged 26.00 for a letter so in stead of paying the debit off it is going up each month .not getting any where thanks
crispin
Any one have any ideas where i can find a letter for non-complience of CCA request? its been 4 months since request. or should i just complain to TS & OFT??
cheers
I am in the same position as Jesteruk was, so far I have received either leaflets with t&c's on, a letter from Vanquis advising they only need to send a blank application with t&c's or nothing from others (who subsequently pass to debt collectors).
I am worried sick as I have 10 cards (between my wife and I).
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**.
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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I am presently challenging my loan agreements but cannot find the template letters to send once I have received resp[onses to copies. For example I have received one saying they cannot locate the original document but have sent a blank one claimaing this is enforceable. would some kind person guide to the correct section of this site or anoth. Thank you
I am presently challenging my loan agreements but cannot find the template letters to send once I have received resp[onses to copies. For example I have received one saying they cannot locate the original document but have sent a blank one claimaing this is enforceable. would some kind person guide to the correct section of this site or anoth. Thank you
who are the creditors?
I deal with this on a daily basis at work so if you can let me know which lenders you have CCAs with and what the replies are, i will hopefully be able to give you some help
Thank you for your advice and assistance it is much appreciated
1. Littlewoods
2.Lowell Finance who state that they have asked their client to supply the document which was requested three weeks ago. They also state that only receipt of the agreement the full amount will become payable unless I pay £600 in settlement by 6 December, their letter is dated 1 December, I received it yesterday which was the 6th.
Regards
Letter Templates For Creditors???
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Originally Posted by Hannah Smith
