Letter before Action and Debt Collectors

tobciocc · 7th January 2008, 12:07

Hi

I'm about to send this to the SLC having sent the preliminary charges reclaim letter 3 weeks ago, this is my letter before action. They have now set the debt collectors on me, Credit Solutions. Surely if this account is in dispute this company can't act against me. Am I right in thinking this? Also does this letter look ok? Thanks for your advice.

LETTER BEFORE ACTION

Dear Sir/Madam,

ACCOUNT NUMBER: *********

I am very disappointed that you have failed to respond positively to my letter of the 6th December 2007.
I now understand that the regime of 'fees' which you have been applying to my account in relation to direct debit refusals and letters sent and so forth are unlawful at Common Law and contrary to consumer regulations.

I would draw your attention to the terms of the contract which you agreed to at the time that I opened my account. It is an implied term of that contract that you would conduct yourselves lawfully and in a manner which complies with UK law.

I calculate that you have taken £95.00 from me, plus added charges to my account totaling £336.00 I am enclosing a copy of the schedule of the charges which I am claiming. I have already sent you a copy of this in my original letter of 6th December 2007. You have stated that the £95.00 was for the arrears, if that is the case then when would I have started paying off the charges.

I require repayment in full of this money and the removal of £336.00 in charges from my account; if you do not comply fully within 14 days then I shall begin a claim against you for the full amount plus interest. I will also include all my costs.

I will also make the court aware of the fact you have failed to provide me with three ‘signed’ loan agreements as requested twice, you have sent me two. I sent you a CCA request which by law you have to provide; this has not happened as a result you are committing an offence. I am appalled that you have instructed a Debt Collector to pursue these illegal charges when this account is clearly in dispute, I will also make the court aware of this.

Yours faithfully,

Penfold92 · 17th January 2008, 19:47

seems fair enough and to the point. The only thing I would change is the CCA request. State what you did and when: ie.

I requested a copy to the true signed agreement as per Section blah blah on XX/XX/2007 and to date you have not supplied all three agreements. (don't state you have got two of them)

Hope that helps a little,

Penfold

PS this should really be in the bank forum as you would have got better and quicker responses there...

freakyleaky · 17th January 2008, 19:57

Hi tob. What does SLC stand for?

I will get the thread moved to the appropriate forum once I know who it is you are dealing with.

Michael Browne · 17th January 2008, 20:10

Quote:

Originally Posted by freakyleaky

. What does SLC stand for>

Pay attention at the back, Student Loan Company

freakyleaky · 17th January 2008, 20:21

Ah yes! Thanks Michael.

Well this is the best forum in that case!

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