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Hi all

Could someone suggest a reply to this letter after the original creditor and Robinson Way have been sent a CCA request, and the telephone harrassment letter, as im getting sick of constant letters and phone calls

 

Thank you for your email sent to *********** *********, who has now forwarded it to me for investigation.

As you are aware the outstanding amount relates to a mail order debt and unfortunately, as with most mail order accounts, no agreement exists. Whilst this may mean that the debt is unenforceable through the court, it does not mean that the debt does not exist. In addition we have a legal requirement to accurately reflect the account status with the credit reference agencies.

From the information on the account, we do not appear to have been given any details of any dispute relating to this debt or that you have denied receiving the goods. If you are claiming that you were not residing at the address at the time the order was placed / delivered then please provide proof of your alternative address details.

We look forward to hearing from you with your payment proposals or to discuss favourable terms to settle the account at a reduced rate.

I trust this clarifies our position and if I can be of further assistance, please do not hesitate to contact me on my direct number below.

 

Thabks in advance

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opps just seen youve sent a telephone harrassment letter

 

right then if they are pursuing you for a debt which is unenforceable then you could consider a complaint to trading standards as they are in breach of the OFT guidelines

 

Also they are in breach of the Administration of Justice Act 970

 

40 Punishment for unlawful harassment of debtors

 

(1) A person commits an offence if, with the object of coercing another person to pay money claimed from the other as

a debt due under a contract, he--

(a) harasses the other with demands for payment which, in respect of their frequency or the manner or occasion of

making any such demand, or of any threat or publicity by which any demand is accompanied, are calculated to subject

him or members of his family or household to alarm, distress or humiliation;

(b) falsely represents, in relation to the money claimed, that criminal proceedings lie for failure to pay it;

© falsely represents himself to be authorised in some official capacity to claim or enforce payment; or

(d) utters a document falsely represented by him to have some official character or purporting to have some official

character which he knows it has not.

(2) A person may be guilty of an offence by virtue of subsection (1)(a) above if he concerts with others in the taking of

such action as is described in that paragraph, notwithstanding that his own course of conduct does not by itself amount to

harassment.

(3) Subsection (1)(a) above does not apply to anything done by a person which is reasonable (and otherwise

permissible in law) for the purpose--

(a) of securing the discharge of an obligation due, or believed by him to be due, to himself or to persons for whom

he acts, or protecting himself or them from future loss; or

(b) of the enforcement of any liability by legal process.

(4) A person guilty of an offence under this section shall be liable on summary conviction to a fine of not more than

[level 5 on the standard scale].

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They are still taking the micheal lol, I emailed the contact last night and recieved this reply:

We cannot agree to your suggestion that we are in breach of the Administration of Justice Act.

If an agreement is not available it does not mean that the debt is not owed it merely means that we cannot enforce the repayment of it through the court; we still have a right to pursue you.

I acknowledge that you are refusing to pay this outstanding balance, however you have never denied receiving the goods or provided evidence that you were not living at the address at the time of the order. You should therefore either return the goods or agree payment proposals.

Alternatively the outstanding amount will remain as a default on your credit file.

Any ideas on what to reply with

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They are still taking the micheal lol, I emailed the contact last night and recieved this reply:

We cannot agree to your suggestion that we are in breach of the Administration of Justice Act.HHM no of course your not so their conduct isnt as described in section 40

 

40 Punishment for unlawful harassment of debtors

(1) A person commits an offence if, with the object of coercing another person to pay money claimed from the other as

a debt due under a contract, he--

(a) harasses the other with demands for payment which, in respect of their frequency or the manner or occasion of

making any such demand, or of any threat or publicity by which any demand is accompanied, are calculated to subject

him or members of his family or household to alarm, distress or humiliation;

 

They are talking out their bottoms !!!!!!

If an agreement is not available it does not mean that the debt is not owed it merely means that we cannot enforce the repayment of it through the court; we still have a right to pursue you. And you have the right to tell them to sod off

 

I acknowledge that you are refusing to pay this outstanding balance, however you have never denied receiving the goods or provided evidence that you were not living at the address at the time of the order. You should therefore either return the goods or agree payment proposals. NOPE NOTHING HERE which convinces me that they can force you to pay or return the goods

 

Alternatively the outstanding amount will remain as a default on your credit file.

 

Any ideas on what to reply with

 

i am sure curlyben has a letter template for every occaision, i will ask him and see what he says

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Throw this at them

 

Formal Complaint

Letter Before Action

 

Dear Sir/Madam

 

Thank you for your letter of xx/xx/xx, the contents of which have been noted.

 

May I draw you attention to my letter of XX/xx/xx in which I clearly out lined my position concerning this matter. I enclose a copy for your perusal and ease of reference.

 

**CREDITOR** has failed in my lawful request under the Consumer Credit Act 1974 section 78(1) and subsequent Statutory Instruments.

I formally advise you that since **CREDITOR** has failed to comply with the terms of the Consumer Credit Act that as from **DATE** they are in legal default on this alleged agreement. This default means that the alleged agreement from this date is totally unenforceable. **CREDITOR** may not apply any charges, cannot issue defaults, cannot sell or assign the alleged debt or cannot invoke any clause within the alleged agreement.

 

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.

 

* may not demand any payment on the account, nor am I obliged to offer any payment to you.

* may not add further interest or any charges to the account.

* may not pass the account to a third party.

* may not register any information in respect of the account with any credit reference agency.

* may not issue a default notice related to the account.

 

Therefore this account has become unenforceable at law.

 

As **CREDITOR** 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.

 

The mere fact that they have passed this account to you while it is in dispute and default is also in breach of the Data Protection Act 1998.

 

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

 

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 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 await your rapid response.

 

Yours Faithfully,

Be VERY careful whose advice you listen too

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Ive looked on a site CSA that they are a member of and got there debt collection guidelines they should adhear to and sent them the email below, does it sound ok?

 

Hi

Please be aware you seem to be stating the same thing over and over.

"I acknowledge that you are refusing to pay this outstanding balance"

 

Please read the previous email I have sent you which clearly state I do not acknowledge any debt to your company.

I also suggest that you look at this link for the CSA code of practice.

http://www.robinsonway.com/CSACodeofPracticeA4.pdf

A CCA request was sent to the original creditor who was and still is in default of the request.

Please see section 3 j and r of their code which states not to falsely imply that proceedings will be brought? which I have it in writing here from yourselves.

At this stage there is nothing to deny or return as I DO NOT ACKNOWLEDGE and debt to your company.

This is my last e-mail on this matter and if your company contacts me again regarding this issue then complaints will be sent to the relevant authorities (Trading Standards OFT & the data commissioner) as I have all the information regarding your none compliance

 

Yours

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