Help please! cca not complied with now debt collectors involved

[tiglet]

Try this one:

 

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 CCA 74.

 

As **original creditor/DCA** are now in default of my Consumer Credit Act request, 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.

 

Yours faithfully

BLAH

If anyone comes to your door (unlikely, but possible) either do not answer it or answer it and tell them politely you will not discuss with them. If they will not leave or cause any problems, simply phone the police and advise trespass and behaviour likely to cause breach of the peace.

[tiglet]

Nee botha x

[tiglet]

Good old CB - he really needs to post his library in one place so we can purloin it anytime we feel necessary without having to go hunting:D

 

Come on Librarian - look after your library!

[tiglet]

power 2 contact cannot charge you for debt collection unless this is stated in your contract with halifax.

[tiglet]

BOS are part of halifax - send them this:

 

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 CCA 74.

 

As **original creditor/DCA** are now in default of my Consumer Credit Act request, 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.

 

Yours faithfully

BLAH

[tiglet]

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

[tiglet]

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

[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.

[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.

[tiglet]

I would be extremely careful about saying things such as "illegal activity" - they could take this as defamation.

 

I would request that in order to rectify the problem they :

 

1. Fully comply with your legal request for a copy of your Consumer Credit agreement under the Consumer Credit Act 1974.

 

2. Cease all collection activity on your account until the dispute has been resolved.

 

3. Cease passing your details to third parties until such time as they produce your Consumer Credit Agreement and can therefore prove your consent to this.

 

4. Provide compensation for the distress caused by what you consider to be harassment by themselves and their allocated agents.

 

I think that should just about cover it.

[tiglet]

I would allow the FOS to be the judge of that, personally.

 

Do you feel you were mis-sold PPI?

[tiglet]

Exactly - they may ask the OP to prove it's "illegality" - better to stick to the facts without making judgements on it.

[tiglet]

There is a difference, in fact, between illegal and unlawful - always best to stick to the facts.

[tiglet]

Erm - yes there is - please see here: http://www.consumeractiongroup.co.uk/forum/general-knowledge/15462-unlawful-illegal.html for further clarification.

 

Also try looking in Black's Legal dictionary if you wish to investigate further.

[tiglet]

I suggest you re-read the definition. it is obviously up to the OP how they wish to phrase things - however, IMO, the FOS are aware of the CCA 1974 and the issues surrounding none-compliance, therefore basic, accurate facts which can't be disputed or debated are best.

 

You see how we've been debating unlawful vs illegal on here - why give them any room for discussion?

[tiglet]

How've you got on?