Help - Equidebt and ScotCall

[andrews11]

Good morning

Hoping for some advice from you knowledgeable and helpful people.

I am having a tough time with Equidebt and ScotCall, both over the same debt.

Back in the summer (July), I received the usual nasty letter from Equidebt and I CCA’d them. This is for an HBOS loan that I was paying for the first three years until I got into financial difficulty, and have queried the interest charged and PPI insurance, but no response from HBOS since the middle of 2006

I never heard from them until September when they sent me another letter, threatening door step collection, so I replied as follows:

Further to my letter dated xxxxxxxx requesting further

information under the legislation contained within s.78(1) Consumer Credit Act 1974 (S.77 (1) for fixed sum credit). Please note this was requested on the above date, and to date I have received no response from you, apart from your last letter threatening door step collection.

You are in breach of section 78 (1) Consumer Credit Act 1974 (section 77 (1) for fixed sum credit.

To this end I would like you to note that I will not enter into any further communications with your company on this matter.

I also wish to make it absolutely clear that personal callers will be viewed as trespassers, and action will be taken, including but not limited to, Police attendance and "minimal force" being applied to successfully remove and detain said caller in breach of the Harassment Act and the Administration of Justice Act, which is my right by law.

Again, I didn’t hear from them and certainly none of the information requested in the CCA was forthcoming.

Last week, I got a letter from ScotCall threatening door step collection for the same debt. I wrote to them and explained the steps that I had taken with Equidebt.

On the same day, I got a letter from Equidebt, as follows:

Further to your letter of XXXXXX I am writing in response to your queries regarding the above account.

Firstly I should apologise for the delay in replying.

I am enclosing a copy of the original signed agreement, together with the copy of the application form. It is a requirement under the Consumer Credit Act 1974, that until a copy of the original agreement has been provided we are unable to enforce payment of the debt. However, once a copy of the original agreement has been supplied even though there has been a delay in providing the agreement this satisfies the requirements of the act.

As you are aware, we have not enforced this agreement pending you being supplied with the necessary documentation. They then go on:

Do you deny that you made these transactions? If so then as I am sure you will appreciate the matter will need to be investigated as a suspected fraud.

We are prepared to accept a reasnoble and realistic repayment arrangement etc etc

Sorry to go on for so long, but any help and advice would be much appreciated.

Many thanks in advance

[Having_A_Knightmare]

Hi firstly i would write one of CB letters to ScottCall Below. Alter to suite.

 

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.

 

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.

 

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.

 

With Equidebt just hang on and do nothing untill they demand payment then contact T/S

 

HAK

 

 

Click here for great help:razz:

http://www.consumeractiongroup.c o....hat-youre.html

 

If I have helped please give the scales a press.

[andrews11]

Many thanks for that