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Schalk

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  1. Hello everyone,I have had loads and loads of problems with CFO a.k.a. M T Collect since October 2011. I have had enough of them and have complained to the Office of Fair Trading. They emailed me back today and informed me that they have logged my complain:"We have therefore recorded the details of your complaint, and we will consider this alongside any other complaints we have received with a view to any consumer credit licensing or other action we may decide to take. If we do take any action against this trader we may need to contact you again in the future. Unfortunately, we cannot disclose any details about any action we may take, due to legal restrictions on the OFT relating to disclosure of information. " Please can everyone with problems report them so that the OFT can look in to this, we are the only people that can make a difference!!
  2. Hi, I have received a letter from O2 / Lowell Portofolio 1 Ltd today informing me that I have a balance oustanding of more than £500. The letter states " ... is in relation to an account you held with O2 which was disconnected on 07/09/2007..." The letter then goes on and says ".. result of us recently locating you at a different address than that held at the point your account was disconnected..." What I dont get is that I have been at the same address for over 10 years now!! I have seen several posts about Lowell and was wondering if any one can help me with this. Can I use the following template to write to them? To Whom It May Concern: Your Reference: xxxx I DO NOT ACKNOWLEDGE ANY DEBT TO YOUR COMPANY With reference to the above account, I request that you send me a true copy of this credit agreement before I will correspond further on this matter. This is my right under the legislation contained within section 77 (1) and section 78 (1) of the Consumer Credit Act 1974, and I am entitled to receive a copy of my credit agreement on request. Your obligation also extends to providing me with a statement of account. I enclose a £1 postal order, which represents payment of the statutory fee payable under the Consumer Credit Act. I understand that a copy of my credit agreement should be supplied within 12 working days from the date of this letter. I understand that under the Consumer Credit Act, creditors are unable to enforce an agreement if they fail to comply with a request for a copy of the agreement under these sections of the Act. Also, since you are a Debt Collection Agency, I would also ask that you supply a signed true copy of the executed deed of assignment for the above referenced agreement. This is an obligation, whether you are the original creditor or not, under section 189 of the Consumer Credit Act 1974. Non-compliance with my request is a criminal offence under the above Act and will result in a report being submitted to the relevant statutory authorities. In summary; I DO NOT ACKNOWLEDGE THIS DEBT AND THEREFORE REQUIRE YOU TO SUBSTANTIATE THIS BY PROVIDING THE FOLLOWING DOCUMENTATION BEFORE I CORRESPOND FURTHER : 1.True copy of original credit agreement 2.Statement of account 3.Copy of the executed deed of assignment from Telefonica O2 UK Ltd 4.Fair Processing Notice. As you are aware, a credit agreement that is not properly documented and signed by the customer is totally unenforceable under the CCA and therefore is a complete defence to any court claim that is issued. Take note at this stage, that any legal action you may contemplate will be both vigorously defended and contested. Further to the above, please ensure that any contact by yourselves is made in writing only to the above address. Telephone calls and personal visits will not be accepted and viewed as harassment. As this account is now in dispute, I would also draw your attention to The Banking Code section 13.6:- We may give information to the Credit Reference Agencies about personal debts you owe us if: The Amount Owed is Not in Dispute. The Office of Fair Trading provided a Code of Guidance that is in relation to Debt Collection: OFT 664 Response to consultation paper and final guidance on unfair business practices dated July 2003 Deceptive and/or Unfair Methods- 2.8 Examples of unfair practices are as follows:- Not ceasing collection activity whilst investigating a reasonably queried or disputed debt. If you continue in your pursuance of this account I will have no other alternative than to report you to both, The Information Commissioner and The Office of Fair Trading. Furthermore, I shall submit a Consumer Credit Act 1974 complaint to the OFT upon the basis that you have failed to comply with the OFT's direction of 5 April 2006 and are therefore not a 'fit and proper person' to hold a consumer credit licence under the 1974 Act. If you do not understand what this means then seek advice from your legal department. I look forward to hearing from you within the statutory time limit. Yours faithfully Hope to hear from you any one soon. Regards, S
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