Help please! cca not complied with now debt collectors involved

[Dollydoo]

Have received yet another letter from BOS demanding immediate action from me, so I guess another letter is needed anyone have any good ones I could send to remind them that they don't understand "account in dispute" or something, I know they received the last letter because of the recorded delivery! Do they do this deliberately to wind people up?!

Thanks for all your help and advice!

[The GodMother]

just re send tiglets letter. just remember to add they have 7 days from recipt of letter to return the acc to oc or u will be reporting them to ts for failing to adhere to oft guidelines on debt collection.

[Dollydoo]

Hi, I re-sent the letter and got yet another letter from Halifax saying my complaint was being looked into etc. Today, I receive another letter from BOS "Notice of intended court action" and demanding payment. Should I keep re-sending the "bemused" letter or ignore it and wait for the court action? As yet I haven't made any formal complaints in writing to other bodies - Trading Standards never replied to my telephone call, who is the best one to complain to about BOS keep demanding payment? Thanks

[tiglet]

I would try trading standards again - the account should be on hold while there is a dispute on the account.

[Curlyben]

Oh dear they really play stupid, especially considering they are the SAME company.

 

Throw this at them.

 

ACCOUNT IN DISPUTE

 

Dear Sir/Madam,

 

Your ref:

 

 

Thank you for your letter of **DATE**, the contents of which are noted.

I refer to my letter of **DATE** a copy of which is enclosed for your perusal and ease of reference.

 

As holders of a Consumer Credit Licence you are obliged to comply with the Office of Fair Trading Guidelines on Debt Collection. I would therefore be obliged if you would provide me with an explanation as to why you are attempting to collect on an alleged debt which was disputed with **BANK ** prior to your first contact with me, and has yet to be resolved.

As per OFT guidelines Section 2.8k "not ceasing collection activity whilst investigating a reasonably queried or disputed debt."

 

Since this is considered an unfair practice and contrary to the OFT guidelines, you should consider this letter as a formal complaint, and provide me with a copy of your complaint resolution procedure.

I also require you to confirm that you will now comply with the OFT guidelines, and will not attempt any further collection activity whilst the dispute is unresolved.

 

Should you fail to provide me with the required undertaking within 7 days, I shall report your breach of the OFT guidelines to Trading Standards and the Financial Ombudsman Service.

 

Take notice that I will not discuss this matter on the telephone, and all further communication must be in writing. Any further telephone calls will be perceived as harassment, and dealt with accordingly.

 

I hope that you will enter into a sincere dialogue with me about this matter and I am writing this letter to you on the assumption that you would prefer to do this than merely respond with standard letters and leaflets.

 

I would appreciate your due diligence in this matter.

 

I look forward to hearing from you in writing.

 

Yours faithfully

[The GodMother]

Curly.

 

The above letter is it suitable for all as in not just banks.

 

I was thinking on using it if i have DCAs comming after disputed debts.

 

Chrissi

[ODC]

Chrissi its suitable for all the leeches

[Curlyben]

There are a few different versions, but the tone is generally the same

 

If it's going to a DCA I like to add this line:

After taking advice, I am of the opinion that your continued pursuit is in violation of the Administration of Justice Act 1970 section 40, Protection from harassment Act 1997 section 3 as well as breaching a number of the OFT Collection Guidelines.

[Dollydoo]

Hi all

 

I've had letter from Halifax saying they enclose copy of my agreement which includes "signed agreement and application" along with current terms and conditions and they also enclose statements from start date to present. goes on to say that as they have supplied statements from opening and to date they have not received correspondence from me to dispute any of the transactions that have been added to the account and indeed I have acknowledged the debt by making the repayments. Then they refer me to deal with Blair Oliver Scot who have frozen interest etc to help me with repayments. In actual fact all they have sent is the same original application (which I posted at beginning of thread). Copies of separate credit card agreement which I have not signed and there is no space for a signature anyway and also copies of another separate document "conditions of use". the credit card agreement is about 8 pages long and has my current address where it states between parties Halifax myself. The only section asking for a signature on this doc is where it asks if you want repayments cover - no signature there but they still charged me each month! Where do I go from here, any help please. sorry this is a bit long winded too many pages to scan, but will do if you need me to. Help and advice much appreciated. Thanks

[Dollydoo]

Any advice anyone?

[The GodMother]

yes a couple of questions.

 

1) you have said they have enclosed the current terms what is the date of these and when did you take the card out?

 

2) the agreement what is the date of this?

 

if none of these match up which i am guessing the T&Cs dont from what u have said they have not complied with the cca of 1974 and as a result the agreement is unenforcable. Especailly if they dont have any of the prescribed terms in the original document.

[Dollydoo]

I took the card out in Oct 2001 and the only date I can find on the conditions of use is a small code at the foot of the last page TC7.71E (12/00) which I presume is December 2000, they've never sent this before and I've never seen nor signed it. The only doc with my signature is the application.

I can't find anything relating to a date on the copy of the agreement.

Thanks for your help.

[tiglet]

A give away is how much they say the late-payment penalty is.

[Dollydoo]

£12 a time. Also, I only moved to my current address in 2003 which is what is stated at the top of the agreement, surely if this was a copy of the original it would have my previous address. Or could they say it was a renewed agreement because of change of circumstances etc.

[Dollydoo]

I just scanned thru statements they sent and noticed in 2002 they were charging £20 late payment fees! Whats the best way to deal with this now, another letter? any advice much appreciated

[tiglet]

Naughty naughty - looks like they've sent you current T&C's and therefore have not complied with your request. Also, if your address is different, it clearly is not your original document.

[The GodMother]

thats what i was thinking tiglet but i had neck ache, not your fault dollydoo, so found it difficult to try and read the T&Cs.

 

rite for your referance they have a total unenforcable document. Have a nice day.

[The GodMother]

if they say that then i would argue still that you want to see a copy of the agreement you signed when opening the account. also as this new agreement is not signed how can it be an executed agreement?

[Dollydoo]

does anyone have any templates I could use as a guide. Thanks

[The GodMother]

I have a good one that i made myself but i cant post it here fue to its wonderful content.

 

it goes a bit like this

 

you dont have the paperwork that is needed to meke this debt legal so i am not going to pay you. now go away and leave me alone.

 

you could always use this letter.

 

Dear Sirs,

Acc Number XXXXXXXXXXXXXXXXXXXX

Re: my request under the Consumer Credit Act 1974

 

Thank you for your recent letter sent to me, the contents of which are noted. I appreciate your quick response to my original letter. However, the reply received by me does not fulfil your requirements under the Consumer Credit Act 1974.

The Act demands that I be supplied with a true copy of any properly executed credit agreement that exists in relation to the above account. I may ask for this on demand providing that a fee of £1.00 is paid. This fee was sent with my original letter.

My request for this information remains outstanding.

Your letter dated the xx/xx/ 2007 is somewhat confusing and does not appear to be in direct response to my request. You state “As this debt remains unsatisfied, this will be noted on our internal file for future reference” may I ask what if anything this has to do with my statutory request for documentation under the Consumer Credit Act 1974

In addition you quote “This information will also form part of your records at the Credit Reference Agencies where we share information. This information will remain on your Credit Reference File for 6 years.” again I have to question what relevance this is to my statutory request.

As things stand I have requested disclosure pursuant to the Consumer Credit Act 1974 section 78(1). You have failed to comply with this request and are now in default of your statutory obligations under the Act. As a result of this I am withholding payment under the provision of s78 (6) CCA 1974 until you actively engage me in discussions to resolve this dispute, something that you have to date completely avoided.

Therefore I respectfully request that you clarify if you will be complying with my request for a true copy of the executed agreement covering this account, if not I respectfully request that you confirm if you do indeed hold the requested documentation to allow me to assess how best to deal with this dispute.

 

Should you ignore this request you will leave me not option but to make formal complaints to the OFT, FOS and Trading Standards. In addition l cannot rule out the prospect of legal action to prohibit you from processing my data should this attempt to resolve this matter be ignored.

If I have not received response within 14 days of you receiving this letter l will start making my complaints.

Please don’t ignore this letter, If you don’t understand it please pass it on to someone who will.

I look forward to your reply.

 

Your Faithfully

[Dollydoo]

Thank you for your letter dated 10th March 2008.

However, the reply received by me does not fulfil your requirements under the Consumer Credit Act 1974. The Act demands that I be supplied with a true copy of any properly executed credit agreement that exists in relation to the above account. I may ask for this on demand providing that a fee of £1.00 is paid. This fee was sent with my original letter.

My request for this information remains outstanding.

An unsigned credit agreement like the one you sent in your reply, does not constitute a true copy of any credit agreement that may or may not have been signed by me on the opening of this account. A blank agreement neither confirms that I am liable for any alleged debt to you, nor gives me any chance to evaluate whether any original agreement was ‘properly executed’

I still require you to send me a true copy of the original credit agreement that you allege exists. As you will know, under the Consumer Credit Act 1974, a judge is not permitted to make any enforcement order unless the creditor can provide a true signed copy of the original credit agreement. This means that unless you can produce such an agreement, this alleged debt is not enforceable in law, mere copies of the same documents will not suffice.

Therefore I respectfully request that you clarify if you will be complying with my request for a true copy of the executed agreement covering this account, if not I respectfully request that you confirm if you do indeed hold the requested documentation to allow me to assess how best to deal with this dispute.

Since the agreement is unenforceable, it would be in everyone’s interest to consider the matter closed and for you to write the debt off. I suggest you give serious consideration to this as any attempt of litigation will be vigorously defended and I will counter claim for all quantifiable damages.

Should you ignore this request you will leave me no option but to make formal complaints to the OFT, FOS and Trading Standards. In addition l cannot rule out the prospect of legal action to prohibit you from processing my data should this attempt to resolve this matter be ignored.

If I have not received a response within 14 days of you receiving this letter l will start making my complaints. Please don’t ignore this letter, If you don’t understand it please pass it on to someone who will.

I trust this clarifies the situation.

[Dollydoo]

would someone mind looking over the letter (above) just to make sure it's ok before I send it. let me know if you think amendments are necessary. Thanks.

[citizenB]

It looks to cover everything Dollydoo. However, please dont just take my word, wait for someone with more experience to come along as I am sure they will

[Dollydoo]

Ok thanks for that. I won't post it til monday now anyway. I do have another worry, where in the halifax letter it said that I acknowledged the debt anyway as I had been making payments - should I say something about that or ignore it?

[tiglet]

I would ignore it - people can make payments to a debt for many reasons - plus it has absolutely nothing to do with not being supplied with a CCA when requested.