Help please! cca not complied with now debt collectors involved

[The GodMother]

ok First stop panicking, go make your self a cup of tea/coffee or what ever your preffered drink is and if you smoke have a fag.

 

Now after that you should feel beter.

 

Write to Blair Scott and Oliver stating the account is in dispute and that they cannont collect on this account as it would be a breech of OFT guidelines. Send this letter buy recorded delivery.

 

Now you say that Halifax CC have failed to respond. Have you reported them to Trading Standard, FSO and the OFT if not then i would get on to that next.

 

I will find a suitable letter and post it on here for you.

[The GodMother]

ty tiglet i was looking for that CB letter

[The GodMother]

Another brilliant letter by CB. I can wait and see if CB does post his libary of letters.

[The GodMother]

They can pass it on while it is in dispute but it may not stop them. I know one of my Disputed accounts has been ok it is to a in house DCA but it still has been passed on.

[The GodMother]

Throw this at them. Amend as necessary.

 

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 remains outstanding. An unsigned credit agreement with incorrect personal details simply printed onto it, 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.

 

You had until 31st May 2007 to provide me with the true copy I requested. You are now in default of my request. Any account I hold with you is now in legal dispute. Whilst the account remains in dispute, you are not permitted to ask for any payment, nor am I obliged to offer any payment to you. Furthermore, whilst the dispute remains, you are not entitled to charge any interest on the account, nor make any further charges to the account. Additionally, you are not entitled to register any information on this account with any credit reference agency.

 

To register information with a credit reference agency, you must have written consent from the customer to collate and share such information. This consent is given in the form of a signed credit agreement, so until you produce such an agreement, you may not do this.

 

The requirement for consent to share data is a clear requirement of the Data Protection Act 1998. any such attempts to share my data without my consent will be met with a complaint to the Information Commissioners Office

 

The time limits, which are laid down in the Consumer Credit (Prescribed Periods for Giving Information) Regulations 1983 are clear. You must supply an executed credit agreement within 12 + 2 working days of a proper CCA request. If you fail to comply with a legitimate request the account enters a default situation and if you fail to comply after a further 30 days you commit an offence. If you continue to try to enforce this debt without complying with my original request you will have committed a criminal offence and your conduct will be reported to the Office of Fair Trading, the Financial Ombudsman and Trading Standards. Any investigation undertaken by them may affect your ability to offer credit in the future.

 

To sum up, I will not be making any further payments to you until you provide me with the document I have requested. Whilst you remain in default of my request, you are not permitted to take any action against this account. This includes adding further charges and passing any information to the credit reference agencies.

 

Should you not have any signed credit agreement in relation to this alleged debt, please confirm this in writing to me.

 

 

I look forward to your reply.

 

Yours faithfully

 

Blah (type not sign)

 

Chrissi

[The GodMother]

Well yeah. Either are good.

[The GodMother]

yep throw that letter and them and make sure it hurts

[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.

[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

[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.

[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?

[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

[The GodMother]

it says application form on it and the cancelation rights are missing what more needs confirming?

[The GodMother]

yep and make sure wescot is aware u have complianed to FOS. they dont like that.

[The GodMother]

should do you should point out what rules they have broken to wescot when u rite as it will be good to see if they take note.

[The GodMother]

But the problem will be if they take court action as ti why u had not informed them B4

[The GodMother]

well yes the OFT guideline clearly state.

2.6

d. not ensuring that an adequate history of the debt is passed on as

appropriate resulting in repetitive and/or frequent contact by different

parties.

e. not informing the debtor when their case has been passed on to a

different debt collector.

 

But as we know all they get is a A4 piece of paper saying debtors name address how much is owed and a few other bits.

 

[The GodMother]

I agree but i dont think it is a good idea to just leave it as it could cause more problems than good.

[The GodMother]

not sarcastic enough for me but its brill.

[The GodMother]

you could always appeal there decision as he has given you that opion.

[The GodMother]

u can ignore if u wish. have they provided any new evidence?

[The GodMother]

then they are urinating in the wind.