ACCOUNT IN DISPUTE Your Reference: Client reference: Dear Sir or Madam, I must admit that I am rather bemused as to why this account has been passed to you, as it is in dispute with ***DCA*** and has been since ***Date*** 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 As ***DCA*** is now in default of my Consumer Credit Act request, Office of Fair Trading Collection Guidelines and 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 ***DCA*** for resolution of these defaults and breaches, as ***DCA*** cannot lawfully pursue any enforcement activities. If ***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. I hope that this will not be necessary and an acceptable solution can be accomplished. I would appreciate your due diligence in this matter. Yours faithfully Print name do not sign sent them the above letter emailed OFT regards the account, not heard fron the OFT as of yet but received another letter from debt collection today saying , "as i have failed to make adeequate payment we must now decide what further action is necessary to recover the sum you owe ou client. And it is there intention to call in the next few days in hope they can reach ealistic agreement so they can suspend collection action. also in capitals You SHOULD TREAT THIS AS A MATTER OF URGENCY AND CALL (PHONE NUMBER)" Any advice on next procedure is welcome susiemags

thanks

Thanks sent this to debt collections , What shall i write to debtcollection guidance not good at letters

Hi can anyone help , baliffs sent me an arrangement applicationform and on it states :- You will be committing a crimminal offence if you do not give the above information and you can be fined up to £1000.00, as well as getting a criminal record. The same will happen if you give information that is not true. Is this right ?

thanks to everyone for help will keep imformed

hi, thanks for all your responses, well i recieved two letters on 29th in seperate envelopes one with statement and letter on back , the other from debt collections, i have enclosed copies of bothas an attachment.. As you can see they have taken the pound that i sent for cca as a payment of my account. Should i ignore these or reply sorry to be a pain thanks again susiemags:mad: suelet2.pdf

Thanks still awaiting reply from council but payments are being paid, and sorry if i caused any arguments on here, but yes i should not of ignored council tax, but wanted my daughter to stay at college away from home. thanks again for help let you know what response is susiemags

Hi sent letter to council asking them to take back debt, also enclosed letter from Balliffs demanding £97 a month and an expenditure form, should i imform Rundle of this . any advise appreciated susiemags

thanks , should i reply anything to them or just sit and wait for further letters

Hi i have recieved a reply to the letter i sent them on 22nd april 2009 it is as follows : Thank you for your letter dated 22 April 2009 and fully note your comments and opinion. The Office ofFair Trading and Local Trading Standards acknowledge that for the Home Shopping Industry the supply of an exact copy of the credit agreement together with all relevant financial information is acceptable to meet your request for a copy of the credit agreement. You can be assured that legal advice is sought in such matters where liability is in dispute. Weare still very much of the opinion that a debt exists. We are also aware that the Courts would not grant an enforcement order should a default summons be issued because of non payment and it was defended on a challenge to produce a copy ofthe original signed agreement that we could not produce. We would remind you that the original credit agreement was sent with your first order when the account was opened in November 1995. Our customers are asked to sign both copies, returning one copy and to keep their copy in a safe place should they decide to choose repayment by credit terms instead of full payment. By taking advantage ofpaying the minimum payment every 28 days you are as such subject to the terms and conditions as stated within the credit agreement. You have been a customer ofours for several years and we are trying to avoid an irretrievable breakdown in that relationship. Without making regular payments we will have no option but to register the debt with all the credit reference agencies as an unsatisfied default. That may adversely affect your ability to obtain credit for up to six years, as well to any person with whom you may be financially linked. If it subsequently transpires that you did not sign and return a copy of the credit agreement we realise it will be unenforceable but it is not void nor an unlawful debt. Weare satisfied upon discussion with the Information Commissioner's Office and on legal advice that it can still be registered as a default with credit reference agencies. With regards to the Data Protection Act, please be aware that the following declaration is on the information pages within the Studio catalogue from which you made your initial selection of items to order and was also on the actual first order form itself. Data Protection Act: We search the files ofcredit reference agencies who record the search and we share information about you and the conduct of your account with them, with other lenders and relevant third parties. Information about you and other members of your household and those with whom you are financially linked may be used to verify your identity and for credit assessment ofyou and them. We may also use your information, including shopping habits, to open and run your credit account including payment recovery, fraud prevention and debtor tracing. We may share your information with other organisations for marketing purposes. We or they may contact you by mail, telephone, email or otherwise. If you do not wish to be contacted by other organisations for marketing purposes, please write to: Marketing Administration Dept., Studio, Preston,--PRO 2IU».------- The balance on your account is £728.73 and is in arrears by the same amount. Full payment is due to reach your account by 7 May 2009, as shown on statement 111. This is a valid debt which we will pursue. However, if you have a valid reason why payment cannot be sent i.e. financial difficulties, then please let me know. If you are dissatisfied with this response to your complaint you may be able to refer your complaint to the Financial Ombudsman Service. If you decide that you wish to refer your complaint to the Financial Ombudsman Service you will need to do so within 6 months ofthe date ofthis letter. A leaflet detailing the Financial Ombudsman Service along with our complaints procedure is enclosed for your reference. IfI can be ofany further assistance then please do not hesitate to contact me. Yours sincerely Customer Liaison Advisor Directors Office please any advise as what to write next would be gratefully recieved the balance they say i owe is mostly interest and charges i am in no way in a position to pay this amount by date they want me to. thanks for any help susiemags:( suelet.pdf

Thanks for your reply will get letter written today and send it monday. They have not gained entry or been round yet, i will now start locking both doors just in case they open first one. will let you know what happens. thanks again susiemags

the only time i know bout it going to court was when we had letter from court say the council was taking us but we did not need to turn up, next i knew was we got letter from balliffs asking for payment, hence i wrote with offer which they refused. how do i go about asking mods to pass this on. i have daughter 18 at college away from home which i pay for. thanks again for your help

Hi Recieved 2nd letter from balliffs today ,saying they been trying to contact me ref money owed for council tax. i sent them the letter that was on here offering payments to clear outstanding amount over 24 months, but they refused this option all though they did not send me the payment i sent with it. which should clear on 25th April . they are willing to accept ninety something pounds a month which i can not afford also with that there was a expenditure form , should i fill this in and send back? Any way this 2nd letter says he is a court approved ballif, authorised to siezre goods etc, if i do not deal with this matter urgently he will call to sieze goods and he may have to remove goods whether i am here or not with the police if necesary.they want imediate payment and for me to contact on th telephone. Hope i explained this ok, thanks for taking time to read , sue:confused:

thanks

Thanks everyone to your response , sending above letter today , but should i send to studio or debt collections? as they are not same address thanks again sue