Help please! cca not complied with now debt collectors involved

[ODC]

And here is one of CBs that you should send to Haliprats if they contact you again

 

Account In Dispute

 

Ref:

 

Dear Sir/Madam

 

Thank you for your letter of xx/xx/xx, the contents of hich 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 the **DATE** I wrote to you requesting a copy of the credit agreement and other information under the Consumer Credit Act 1974 (Sections 77-79).

 

On **DATE** a member of your staff signed for delivery of my written request and I have an electronic proof of delivery showing their signature and the date.

 

To date you have failed to comply with these requests in any way, whether by confirmation of receipt of the request or by supplying the requested documents.

 

These documents I requested should be readily available as proof of your legal right to collect this account under the Consumer Credit Act 1974.

 

In my letter of the **DATE** I made a formal request for a copy of the signed, executed credit agreement for the above account under section 77(1) of the Consumer Credit Act 1974. 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 your client enters into a default situation.

 

If that request is not satisfied after a further 30 calendar days your client commits a summary criminal offence.

 

These limits have expired.

 

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

 

If the creditor 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 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

BLAH

[ODC]

Blair Oliver & Scott are writing to me saying that they have been unable to contact me despite many attempts.

 

Usual DCA Bollox. Its all part of their attempts to con you into ringing them so as their interrogators can force you into making unlawful payments

[ODC]

When you send your letter to your local TS I feel its nice to send a copy to the TS in the area where the DCA has their office

[ODC]

I yhink you should now ask them for details of their complaints procedure

[ODC]

Halifax are well aware of their obligations under the CCA. Report them to TS for non compliance.

[ODC]

The bonus is that they cannot pass it on whilst in dispute

[ODC]

One of mine with Clownells was passed on to Red whilst in dispute. I know they are the same bunch but I refused to acknowledge Red because if this. Just me being bloody minded though.

[ODC]

Its just something about our friends from Leeds that brings out the best in me

[ODC]

If the doc does not contain the prescribed terms then it is totally unenforceable

[ODC]

Chrissi its suitable for all the leeches

[ODC]

Just tell the FOS that you want them to comply with your LEGAL request for a CCA

[ODC]

Hi, sorry for the delay! I sent in my complaint to the fos (end of May). I've had an acknowledgement but they have high volumes of complaints at the mo but I don't mind waiting. Meantime, I've had another letter from wescot saying they've referred my debt to doorstep recovery! I haven't replied to them yet, not sure if best to ignore them and send any letters to fos or write them a sharp reminder that they shouldn't even be trying to collect - any views? thanks

 

Send them this

 

DOORSTEP COLLECTION VISIT – PLEASE READ CAREFULLY

YOUR REF 123456

Dear Cretins

I refer to your recent correspondence.

I note it is your intention to arrange a “doorstep call”, please be advised that under OFT rules, you can only visit me at my home if you make an appointment and I have no wish to make an appointment with you.

 

There is only an implied license under Common Law for people to be able to visit me on my property without express permission; the postman and people asking for directions etc (Armstrong v. Sheppard and Short Ltd [1959] 2 Q.B. per Lord Evershed M.R.). Therefore take note that I revoke license under Common Law for you, or your representatives to visit me at my property and if you do so, then you will be liable to damages for a tort of trespass and civil action will be taken.

For the avoidance of ANY doubt. Please be advised that this alleged debt is the subject of a serious dispute. The matter is presently being investigated by the Financial Ombudsman Service so I will not be entering into ANY further correspondence with you until their investigation is completed

[ODC]

These alleged debts are usually bought in bulk by a DCA who sort through them and pick out the people most likely to pay so they start off the threat process. The others they sell on to another DCA who pick some more out until eventually it goes down the feeding chain to some of the bottom feeders,

 

The DCAs bet on people being scared and intimidated by the constant barrage of threating phone calls and scary letters that they will pay up. What they do not like is someone asserting their rights under the CCA and the CPUTR and generally speaking once they get one like this they try a few more empty threats before fobbing it off to some other DCA

[ODC]

That should have them passing this back to whoever they got it from

quicker than you can say ''Oh SH*T Wescot have sold us a pup again'

[ODC]

I was on the verge of writing but then thought why bother? let them think they're onto a sure thing when I don't respond I'll just keep forwarding the correspondence to the FSO... will keep you posted.

Possibly not a bad idea as the threats will increase and the scary language they use in their letters will be a good boost to your case. If they are stupid enough to buy an unenforcable debt then thats their problem not yours:lol:

[ODC]

I see where you are coming from GM but its not the alleged debtors duty to inform every lowlife yjat what they thought was a license to print money is flawed. They are supposed to be professionals so they should get their facts right before sending out the begging letters