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Hi

I sent a CCA request to DL&C on 2nd August after they sent me a letter asking for payment for an old Citi / Associates card that I believe was paid off ages ago. A few weeks ago I received a "we'll get back to you within 21 days" letter from Hillesden Securities and yesterday I received another letter from them stating that they are following up on my request with CitiFinancial, that my account is on hold and that any action by them has been suspended.

In the meantime, I got hold of a copy of my credit files from both Experian and Equifax and there are defaults registered by Hillesden, dated March 2005.

As they have failed to comply with my request for a copy of my credit agreement, I would like to send them a letter asking that they stop pursuing me to repay the debt and that they remove the default from my credit record. I have pinched a letter from another thread an believe that it was created by Rory32 so I hope it is OK to use and thank Rory32 as I often find his posts relevant and useful.

Is there any possibility that anybody could just check the letter over for me before i send it, especially regarding dates. Also, is TS and the OFT that I should report them to for failure to comply?

Thanks

 

Thank you for your letter dated 21st September 2007.

 

I would however refer you to my letter sent you on 2nd August 2007, delivered 4th August 2007, VIA RECORDED DELIVERY in which I requested a true copy of the credit agreement.

 

To date you have failed to supply the requested document. The document I requested should be readily available as proof of your legal right to collect this.

 

In my letter of the 2nd August 2007 I made a formal request for a copy of the signed, executed credit agreement for the above account under Section 78(1) of the Consumer Credit Act 1974. In addition a full statement of my account should have been sent to me detailing all debits and credits to the account.

 

The Consumer Credit Act allows 12 working days for a request for a true copy of the credit agreement to be carried out before you entered into a default situation. If the request is not satisfied after a further 30 calendar days, you commit a summary criminal offence. These time limits expired on 22nd August 2007 and 21st September 2007 respectively.

 

As you are no doubt aware, Section 78(6) states:

 

If the creditor under an agreement fails to comply with subsection (1) -

 

(a) He is not entitled, while the default continues, to enforce the agreement; and

(b) If the default continues for one month he commits an offence.

 

Therefore on 21st September 2007 this account became unenforceable at law.

 

You have FAILED to comply with a request for a true, signed copy of the said agreement, and other relevant documents mentioned in it 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 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 fail to respond within 21 days, I will 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 would apply:

  • You may not demand any payment on the account, nor am I obliged to offer any payment to you.
  • You may not add any further interest or charges to the account.
  • You may not pass the account to any third party.
  • You may not register any information in respect of the account with any of the credit reference agencies.
  • You may not issue a default notice related to the account.

I shall of course report your actions and those of your client to any such regulatory authorities as I see fit.

I trust this clarifies the matter for you.

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I still getting letter from DLC every 4-5 weeks saying the same thing: "We've requested the information from the original creditor and will let you know when we have it...."

 

Not bad for a CCA request from the 8th Feb 2007

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DLC have managed to send me an application form from 2000, a list of t&cs from 2006 (?) and a pile of mixed up statements and think that they have complied. I am considering my next move:p.

BANK CHARGES

Nat West Bus Acct £1750 reclaim - WON

 

LTSB Bus Acct £1650 charges w/o against o/s balance - WON

 

Halifax Pers Acct £1650 charges taken from benefits - WON

 

Others

 

GE Money sec loan - £1900 in charges - settlement agreed

GE Money sec loan - ERC of £2.5K valid for 15 years - on standby

FirstPlus - missold PPI of £20K for friends - WON

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If I hadn't seen the default on my credit record I might just have left them to it, especially as they have suspended any action. As I said before, I'm sure that it was paid off, but don't really want to S.A.R Citi unless DL&C / Hillesden start pushing for repayments. Will send the letter and see what happens. 6 months ago I would have just assumed that I owed them still (just because they said so) and probably started to pay them something without question so I am grateful to have found this site.

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Hillesden go on and on sending the 'within 21 days' letters.

siobhan1234, we would also still be paying them without question in a DMP with Payplan. Their behaviour stung me into action - and I sent the CCA from here. We came out of the DMP specifically to challenge them. I'm struggling to believe what I've discovered since then.

We will not be intimidated.

'The pen is mightier than the sword'.

Petition to Outlaw Debt Sale and Purchase

- can't read/post much as eye strain's v.bad.

VIVA CAG!!! :)

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Hi Sosumi

Totally agree. I have just been looking at the thread started by Intheknow and am astounded that these DCAs get away with what they do. I am all for repaying what I owe and have been fortunate not to have had too many problems but I have got 2 CCJs that I think I would have managed to stop if only I had found this site earlier. Hindsight is a wonderful thing eh?

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Hindsight is a wonderful thing eh?

Indeed.

 

Are there charges on the CCJ's that you could clim back to reduce the amount owing?

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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Hi Rory32

The CCJs are courtsey of the ever popular Mr Bryan Carter and Frederickson International. I fully intend to S.A.R him once he responds to my CCA request. I sent it a few weeks ago recorded delivery but no signature so will send another this week.

If Hillesden end up producing a copy of the original agreement then I shall go for charges on that too.

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Hillesden end up producing a copy of the original agreement

 

Apparently CITI are taking on extra staff to find the agreements..Well thats what Hillesden are saying..

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LOL - How hard is it??

 

They are filed by date, agreement number or surname.

 

Maybe they should a) get a filing system or b) get staff that know how a filing system works or c) don't destroy the agreements to save space in the offices after they sell them on incomplete.

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Hi

I haven't actually sent my leeter off to Hillesden yet as I was wondering whether I should S.A.R them instead, given that I believe the debt was paid off some time ago. However, I'm sure most advice is to S.A.R the OC but I have a feeling that I paid it off after it was passed (either assigned or sold) to another DCA in which case would they not be the best people to send the S.A.R request to. Maybe I should start with the OC and see where that takes me. If I do that, does the account remain in dispute because, even if Hillesden provide the original agreement, that doesn't necessarily mean that there is still an outstanding debt, just that one existed and was enforceable. Or should I just send the letter in post #1 to Hillesden and let things take theire course. Thanks

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CCA them. They are SUPPOSED to provide a statement of account as part of the CCA request. If they fail to, raise a complaint with the ICO (nice and easy to do online - I've done 2 now) and maybe contact Northants Trading Standards too.

 

However, if you have overpaid they might not produce a statement and simply say it's written off hoping you'll leave it....if that happens I would SAR them.

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