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keeper

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Everything posted by keeper

  1. Hi cantisque, you did the right thing posting your query here. Read all the posts and follow the advice given..there are a couple of letters in posts No 2 and 9 which I used, and I have not heard from their UK based agents for 15 mths or so. Remember when you write to them don't give them your address, don't phone them and do not sign any letters, don't communicate via email it's too immediate..try to keep them at arms length if you can. Any questions ask here and someone will help..good luck!
  2. Sorry it's a bit big . If anyone has any ideas I'd be willing to listen, but I think my next move should be to send them another letter in a few days. Maybe something like this ? Ref: [enter ref here] Dear Sir/Madam Thank you for your letter of [enter date], the contents of which have been noted. You have failed to respond to my legal request to supply me a true copy of the original Consumer Credit Agreement for the above account. On [enter date] I made a formal request for a true signed agreement for the alleged account under consumer credit Act 1974 s77/8. A copy of which is enclosed for your perusal and ease of reference. You have failed to comply with my request, and as such the account entered default on [enter date 12+2 working days from when you sent it] The document that you are obliged to send me is a true copy of the executed agreement that contained all of the prescribed terms, all other required terms and statutory notices and was signed by both your company and myself as defined in section 61(1) of CCA 74 and subsequent Statutory Instruments. If the executed agreement contained any reference to any other document, you are also obliged to send me a copy of that document. In addition a full statement of this account should have been sent to me detailing all debits and credits to the account. Furthermore You are aware that the Consumer Credit Act allows 12 working days for a request for a true copy of a credit agreement to be carried out before you enter into a default situation. As you are no doubt aware section 77(6) states: If the creditor fails to comply with Subsection (1) (a) He is not entitled , while the default continues, to enforce the agreement. Therefore this account has become unenforceable at law. As you have failed to comply with a lawful request for a true, signed copy of the said agreement and other relevant documents mentioned in it, failed to send a full statement of the account and failed to provide any of the documentation requested. Consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS. Furthermore I shall counterclaim that any such action constitutes unlawful harassment. Please note you may also consider this letter as a statutory notice under section 10 of the Data Protection Act to cease processing any data in relation to this account with immediate effect. This means you must remove all information regarding this account from your own internal records and from my records with any credit reference agencies. Should you refuse to comply, you must within 21 days provide me with a detailed breakdown of your reasoning behind continuing to process my data. It is not sufficient to simply state that you have a ‘legal right’; you must outline your reasoning in this matter and state upon which legislation this reasoning depends. Should you not respond within 14 days I expect that this means you agree to remove all such data. Furthermore you should be aware that a creditor is not permitted to take ANY Action against an account whilst it remains in dispute. The lack of a credit agreement is a very clear dispute and as such the following applies. * You may not demand any payment on the account, nor am I obliged to offer any payment to you. * You may not add further interest or any charges to the account. * You may not pass the account to a third party. * You may not register any information in respect of the account with any credit reference agency. * You may not issue a default notice related to the account. I reserve the right to report your actions to any such regulatory authorities as I see fit. You have 14 days from receiving this letter to contact me with your intentions to resolve this matter which is now a formal complaint. I would appreciate your due diligence in this matter. I look forward to hearing from you in writing. Yours faithfully Print Name, DO NOT SIGN Any thoughts would be appreciated.
  3. Ok..time for an update. today I received this; Date: Our Ref: xxxxxxxxxx Account Name: USENEXT website access (Aviteo Ltd T/A Usenext) Description: x GBP Equivalent £ UseNext Internet Service Account No.: xxxxxxxx Invoice No.: xxxxxxxxCurrent Balance: € Registration Date: xxxxxxxFirst login: xxxxxxx I.P. Address: xxxxxxxxx User Email xxxxxxxx In spite of previous reminders you have not paid the amount as detailed above. Please note that 14 day trial packages and contracts are automatically extended in accordance with the Terms and Conditions printed on the reverse of this letter. You confirmed your acceptance of these terms during the sign up process. Unless this is paid direct to the above address by 23/02/2009 we shall immediately recommend to our client that an adverse entry be made against your name and address with the principal Credit Reference Agencies. The effect of an adverse entry will make it very difficult for you to obtain credit and may affect the terms of your existing credit agreements. The entry will remain on your rating for two years, during which time it cannot be removed. Please pay online at xxxxxxxxx or call xxxxxxxxx for other payment options. Yours sincerely CCI LEGAL SERVICES LTD PAYMENT ADVICE Re: xxxxxxxxx Please mail your cheque / postal order to CCI. All cheques or postal orders should be made payable to CCI Legal Services Ltd. Payments may be made in either Euros or Sterling. I enclose Ref: xxxxxxxxxxxxx Name Address PLEASE MAIL YOUR CHEQUE TO CCI LEGAL SERVICES LTD. CALL xxxxxxxxx AND PAY BY CREDIT OR DEBIT CARD, OR MAKE PAYMENT ON-LINE AT xxxxxxxxx This communication is from a debt collector and is an attempt to collect a debt. Any information obtained will be used for that purpose. PLEASE TURN OVER
  4. Will do andyjm..but I've got a bad feeling about it all..fingers crossed though.
  5. I've also received a letter from CCI Legal (a DCA) who are acting on behalf of Aviteo Ltd T/A Usenext stating that I owe them 110 euros from a lapsed agreement to use usenext (a private server for downloading files) from 2007. As this service is a pre-pay rolling contract and I did not renew as my credit card had expired, I fail to see how I can "owe" money on a service I cannot use as it is pre-pay only. I have sent them a 'Prove it' letter and will now sit back and see what happens, this looks like a similar event as above. Please keep me informed as to how you get on and I'll do the same. Good Luck.
  6. I've also received a letter from CCI Legal (a DCA) who are acting on behalf of Aviteo Ltd T/A Usenext stating that I owe them 110 euros from a lapsed agreement to use usenext (a private server for downloading files) from 2007. As this service is a pre-pay rolling contract and I did not renew as my credit card had expired, I fail to see how I can "owe" money on a service I cannot use as it is pre-pay only. I have sent them a 'Prove it' letter and will now sit back and see what happens, this looks like a similar event to your own matt. Please keep me informed as to how you get on and I'll do the same. Good Luck.
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