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About 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 telephon
  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 unenforceabil
  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 unde
  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 unenforce
  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
  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
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