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smogzy

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  1. I've drafted a reply letter...could someone please look over it and check whether all is ok before I send. Its basically a template letter with a few small changes, I just need to be sure that the Sections under the CCA1974 are correct. Dear Sir/Madam I DO ACKNOWLEDGE THIS OR ANY OVER ALLEDGED DEBT FROM RUTHBRIDGE LTD , HILLESDEN SECURITIES and DIRECT LEGAL AND COLLECTIONS. Account No: *********** I acknowledge receipt of the agreement under the Consumer Credit Act section 10 and letter dated 8th September 2009. I see no need to discuss this matter by telephone. As you must realise this agreement does not conform to sections 60(1) and 61(1) of the Consumer Credit Act 1974 and would therefore only be enforceable by a court under s65. However, the absence of any prescribed terms (namely Amount of Credit and Cancelation Terms) means that a court would be prevented from enforcing it under s127(3). I am granting to you a further 21 days to produce a copy of an executable agreement. After that I will consider that the above account is closed and that you will no longer pursue the alleged debt. After this period you should close the file and cease processing personal data relating to me on this matter. Your Sincerely, Should I add that I consider it in Dispute plus list the restrictions? Many thanks
  2. Very nearly statute barred, last payment on it I guess would be around Dec / Jan 2003, when I lost my job. I'm currently SAR ing Welcome Finance to discover this Cancellation Notices And Copies Of Document Regulations 1983... I've never heard of this...I'm off to look it up now. I also need some help adapting the template letter as a reply to the CCA agreement and I wish to point out several things without acknowledging the debt (which I've been careful with so far). Either a draft letter or some pointer towards the statutes and acts in law would help. The unenforceability of the agreement due to the omittence of the perscribed term of "Total Amount of Credit", omittance of the cancelation rights and the inclusion of the acceptance fee in the total amount of credit? Additionally I have been issued 2 defaults on my credit file regarding this, the first in 2004 by welcome, the second in 2005 by this DCA. I want to have them removed. How could I word this? They have also by mistake sent me a copy of someone else’s credit agreement, do you think I should mention that to them or go straight to the IC? Many thanks again, I'll keep this post going and paste copies of letters sent and received to hopefully help others.
  3. The acceptance fee is not added to the total amount of credit on whcih the apr and payment amounts where calculated, so they have not charged interest for the fee. The only amount quoted on the agreement is the total loan amount which is not the amount of credit but the sum of credit plus the fee. I'm therefore concluding that the amount of credit being a required perscribed term under the cca1974 and not present on the agreement then it's rendered unenforceable. Am I correct in thinking this?
  4. I see where your coming from however the even if the amount to settle previous loan box is left blank, ie zero amount, then the amount of credit box should have still been completed. No figure on the agreement shows the total amount of credit. Surely that would make in unenforceable?
  5. I have already posted about this on a sticky forum but I guess it would have more of an airing if I discuss this here. I CCA requested a DCA which has started to chase me regarding an alleged debt that will become statute barred from December / January. I need to issue a SAR on the original creditor to check this. I received copies of the CCA from the DCA including a copy of someone else’s credit agreement, something the information commissioner is going to find out about! Here's the scans.. As you can see the "Amount of Credit" box is left blank. It's my understanding that this will make the agreement unenforceable under the CCA. There is indeed a Total Amount of Loan quoted, however this includes a £75 acceptance fee (of which you cannot charge interest on, why I'm trying to find out), and the APR interest and payment amounts does not tally up with the "Total amount of loan" amount. Therefore the Total Amount of Loan does not equal the total amount of credit. The 3 months or so until this goes statute barred is enough time to issue a CCJ agaist me so I'm building up a case against this as a precaution. I've also noticed that I have been issued a default notice regarding this debt twice on my credit file, one from the original creditor and 3 years later from the DCA. Ok this is where I need some help from some of intellectual consumer wiz’s... Can you confirm that this agreement is unenforceable? Help and guidance by suggesting a possible letter of reply to the DCA including seeking to have the defaults removed. Bearing in mind I do not acknowledge this debt and have so far been very careful in my correspondance not to do so. Any help and suggestions would be most gratefully received. Many Thanks
  6. Thanks for the info. Yes I have been very careful as to not acknowledge the debt in the letters I have written to the DCA. I also refused to contact them by telephone which they have repeatedly asked. All letters include "I do not acknowledge this or any other debt" in bold writing, and the wording I have checked. The debt goes statute barred from around December / January (six years after payment last was made), I do need to confirm this by issueing a SAR to the original creditor. I'm still looking for confirmation that the "Amount of Credit" box being blank would make it unenforceable as this is a required prescribed term. The "Total Amount of Loan" is not the amount of credit as it includes a £75 acceptence fee, of which interest cannot be charged apon. This is further back up by doing a APR calculation on this amount and it being wrong. I'm going to start a new thread on this, but still feel free to reply if you have any comments, suggestions. Many thanks
  7. Thanks for taking the time to read and reply. Yes this is a DCA chasing me for a debt which is very close to being statute barred, I CCA requested them and got this back within the 12+2 days. I wasn’t aware that charging interest on an Acceptance Fee was a no no. Can you elaborate on this? What specific law does this contravene? It would be useful to know this when I write back to them. I was more under the impression that as the box that states “Amount of Credit” is left blank then that would mean that the agreement was unenforceable because this is required prescribed term as per the CCA. However I’m not sure that whether the other figures quoted on the agreement would cover this? Edit: Just checked the figures and it does the interest is not charged on the acceptance fee, would still like to know about the Amount of Credit left blank.
  8. Can someone please check over my agreement or point me in direction of a relevent post. To me it looks okay, but I'd appreciate other peoples opinions. They also included a copy of a car loan credit aggrement belonging to someone else. Am I right in thinking thats a serious breach of the DP act?
  9. Thanks for the quick replys and the good advice. Now yes I would of thought that the council aka the enviromental health would act, as in my books its a "statutory nuisance". However they seem to think not. As they stated to me on the phone...it's not a constant noise. Think this might take a letter or too to the council, I'll get writing. I think I am going to contact the police next time though, I've been advised that if I can hear the swearing, and it's causing me distress or alarm then it's section 5 offence under the Public Order Act?
  10. I dont know what to do, I'm hoping this is the right forum and maybe someone can give us some advice. Here`s the story... We live on a relatively nice street untill we had new neighbours move in 2 months ago, a young couple and their 2-3 year old son. Now I can understand people having the odd row every now and again and being a bit vocal about it. Its happens, thats life! But these guys just really take the busciut. It's everyday now, day or night and there is swearing at the top of their lungs, shouting, stuff being thrown around and smashing and bashing onto our adjoining wall. It's spilled out onto the street as well, at one time at 3am. When they flaired up again last week I had my kids staying (3 and 8), and to say the least I was too happy with them hearing this. But I bit my lip...I was in 2 minds to go and pay them a visit, thank god for my Mrs whos really good at calming me down The neighbour on the other side of them is in the process of moving in and decorating her place. She called us aside last week and said about it and mentioned that on the 1 night she has stayed so far she heard the noise and was asking us about complaining. Yesterday it happened again and that was the final straw. I waited till after they had finished and knocked next door to have a friendly chat. What I got was basically..yeah ok..yeah ok and the door slammed on me. Today it started again around lunchtime. Same affair...screaming..shouting, banging doors, stuff being launched around the room. So I contacted my local enviromental health department. They informed me as it was not a constant noise..ie a dog barking or music playing etc, they have no powers to do anything! What? So I've just got to put up with it? I think not!! So I've now started to keep a log of it all. What can I do? Contact the police everytime they flair up? I'm not so sure they would be interested and besides they most likely arrive way after the event. Any suggestions?
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