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lunar jim

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Everything posted by lunar jim

  1. I think this should do it: ACCOUNT IN DISPUTE Dear Sir or Madam, Account number: XXXX XXXX XXXX XXXX I must admit that I am rather bemused as to why this account has been passed to yourselves, as it is in dispute with the **original creditor/DCA** and has been since DATE 2007. Not only is this a breach of OFT collection guidelines, but also in breach of the Consumer Credit Act 1974 and Data Protection Act 1998 My last letter from **original creditor/DCA** was DATE and intimated that my complaint would be resolved on **DATE**, this obviously hasn’t happened. As **original creditor/DCA** are now in default of my Consumer Credit Act request, OFT Collection Guidelines, *Subject Access request and have also breached *s10 Data Protection Act request , I consider this account to be in SERIOUS DISPUTE. As you are aware while my Consumer Credit Act request remains in default enforcement action is NOT permitted, under s127 this constitutes a complete defence at law. Consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS. Now I would respectfully suggest that this account is returned to the **original creditor/DCA** for resolution of these defaults and breaches, as **New DCA** cannot lawfully pursue any enforcement activities. If **New DCA** chooses to ignore my dispute and attempt enforcement, I will initiate legal action and file reports with the appropriate authorities, including, but not limited to, Trading Standards, Office of Fair Trading, Information Commissioners Office, Financial Ombudsman Service and possible court action. After taking advice, I am of the opinion that any continued pursuit is in violation of the Administration of Justice Act 1970 section 40 as well as breaching a number of the OFT Collection Guidelines I hope that this will not be necessary and an acceptable solution can be accomplished. I would appreciate your due diligence in this matter. I look forward to hearing from you in writing. Yours faithfully
  2. There you go. They say they have no CCA; they should have kept it! Looking at the dates the account is in dispute? Did you mention that the account would go into dispute after 12+2 days in your original letter, or inform them when it went the OC defaulted on your request? It should never have been passed to 1st Credit. Send them the letter below
  3. Could someone please let me have an answer to this, my thread just keeps getting swamped
  4. Bumpage Could someone please have a look at this? Just wondering how to reply to their latest letter. Basically, the CCA was sent in December. I got a couple of letters back saying they were looking for it. I sent them the 'account in dispute' letter. They came back with an unenforceable 'agreement'. I wrote to them and told them this, and why it was unenforceable. They wrote back to me yesterday with the same 'agreement', stating that they believe it is enforceable, we'll give you a discount, but you must pay up. And they don't want to get into a game of postage ping pong... So... What next?
  5. Get their bank details and set up a standing order?
  6. bump again, is there a response letter to this, please?
  7. Letter arrived from RW this morning as follows: 'We refer to the above account and acknowledge your letter dated XXX. We acknowledge your request for copy agreement, we write to advise you that we believe the information supplied fulfils our requirement under the Consumer Credit Act. We enclose herewith further copies of the information previously supplied and request that you continue your regular payments on the account. We may also be able to offer you a substantial reduction on the above account and should you be interested in exploring this option please contact me directly on XXX We are not prepared to enter into repetitive correspondence regarding this matter and failure to resume repayments on the account may result in us issuing proceedings against you. We trust this clarifies our position.' Copy of the 'agreement' is here: http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/171705-lj-rw.html#post1852310 Clearly not enforceable; no prescribed terms on it...
  8. Sounds strange, are you able to scan the letter and post it here?
  9. Make sure he doesn't give them your address! Get him to send off the 'stop harrassing me' letter. I'm assuming you aren't receiving mail from other people at his address? Get him to return post for you 'not at this address'.
  10. Of course you're not a mug. Did you know he was going to behave this way when you married him? Probably not!
  11. How come professional organisations can use it; e.g. supermarket compounds, storage yards etc? Do they have a special dispensation, or some sort of insurance or something?
  12. Darfen Durafencing - Electric Fencing Should do the job. Legal, too!
  13. Please don't take this the wrong way but you asked the question, and got an answer. I'm sorry it's probably not the one you were looking for. Whether the police are bothered about doing anything is another question, as I said in my first post. Guess it depends on the wider picture.
  14. Moby, formarly of Hardcore Punk band Vatican Comandos. Good lad
  15. Meh, all these bands like Bloc Party, The Kooks and stuff all sound the same to me if I ever hear them played somewhere. But I'm into Hardcore Punk, people have been telling me that all sounds the same for years lol
  16. Aww, you've got me really wanting to see that post now
  17. Hang on, are yo saying you pay £50 a month *plus* whatever you pay to be distributed to your creditors e.g. £150 a month, £50 of which goes to Allclear, and £100 getting split among the people you owe? If that's the case, ditch these sharks and phone the CCCS. They'll do the same job for you, for free (they are a charity).
  18. Describes my situation perfectly! I've been with CCCS for three years; they helped take the initial heat off when we started to sink due to continuous charges. Two years ago I claimed back the bank charges on three bank accounts; it cleared off the overdrafts so that was three debts down. I was looking at my debts a while back and realised that it was going to take years to pay them off at that rate. Just before Christmas a debt got passed from Cap1 to Robinson Way. I've not delt with a DCA before so I googled for more info and that led me here. This prompted me to CCA the DCA (and Cap1 on a couple of accounts they still hold) and I'm going through that process now. CCCS have been good to me so far, they certainly took away a whole heap of stress at the time. They've been pretty understanding when I've asked to put payments to creditors on hold too, due to the CCA disputes.
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