The grand fix

[James31]

I am attempting to fix my problems in earnest.

 

Out of 18 alledged credit accounts, I tested the waters with five in October by way of CCA request. Probably best if I cover all in the same thread!

 

Out of 5, 4 replied:

 

Hillesden Securities (Citicard)

Said they are waiting for a copy of the agreement from Citicard. Then replied again last week saying the same thing.

 

MBNA (Loan)

Said that following recent correspondence they have removed any arrears on my account and that they expect the loan to be repaid within the original loan agreement timescale. I didn't understand this; are they saying "we can't force you to pay because we don't have the agreement?".

 

Lloyds

Wrote to tell me that there is no payment arrangement in place and I need to pay in full, now.

 

Egg

Wrote to ask for my signature in order to verify my identiy.

 

All 5 of the CCA letters were signed for.

 

James

[pt2537]

Dear Sirs,

 

RE Account NO XXXXXXXX

 

Thank you for your letter dated xx/xx/2007 the contents of which are noted

 

In your letter you make reference to requiring my signed authorisation before you comply. I draw your attention to the fact that the Consumer Credit Act 1974 does not require that i supply you a copy of my signature before you comply with my S78 request.

 

If it is for Data Protection purposes then i can happily supply you with documentation to substantiate my identity to you.

 

However please note that to date you have happily sent statements and correspondence containing extensive sensitive private information to my address. I have to ask if you are concerned that you are corresponding with the correct person why has it taken so long to raise this?

 

As you are aware, disclosing data without adequate checks of identity is contrary to the 7th principal of data protection, listed in schedule 1 of the Data protection Act 1998:

 

7. Appropriate technical and organisational measures shall be taken against unauthorised or unlawful processing of personal data and against accidental loss or destruction of, or damage to, personal data.

 

My request for a true copy of my credit agreement under section 77/78 was made on xx/xx/2007 and the 12 working days for your compliance expire on xx/xx/2007. I note that there is no provision that removes the requirements of the act to provide this information on time, even if you are unsure of my identity.

 

i look forward to receiving the documentation requested

 

Regards

 

PRINT DONT SIGN

 

 

 

Throw that at Egg, that should upset em;)

[pt2537]

I am attempting to fix my problems in earnest.

 

Out of 18 alledged credit accounts, I tested the waters with five in October by way of CCA request. Probably best if I cover all in the same thread!

 

Out of 5, 4 replied:

 

Hillesden Securities (Citicard)

Said they are waiting for a copy of the agreement from Citicard. Then replied again last week saying the same thing.okay, so just sit and wait and see what they send

 

MBNA (Loan)

Said that following recent correspondence they have removed any arrears on my account and that they expect the loan to be repaid within the original loan agreement timescale. I didn't understand this; are they saying "we can't force you to pay because we don't have the agreement?". WELL they need to provide the agreement before they can quote the original loan timescales

 

Lloyds

Wrote to tell me that there is no payment arrangement in place and I need to pay in full, now. HMM SO THIS MEANS they dont have an agreement by the sounds of it

Egg

Wrote to ask for my signature in order to verify my identiy.

 

All 5 of the CCA letters were signed for.

 

James

 

yeah things look very favourable for you looking at the above;)

[James31]

Thanks, I will update in due course.

[deb4tlj]

Another excellent letter from Paul! Follow the advice on here James - it's looking very favourable for you up to now. Keep us posted.

[Having_A_Knightmare]

Hillesden Securities (Citicard) good chance they will not have the agreement I dint know anybody yet who have had one of them.

 

HAK

[N.P]

Hi James31,

 

Just thought I`d sub this one as I`m dealing with Lloyds and so far have had nothing back.

 

Hi Paul (pt2537), how you doing matey? Another fine letter I see, where do you get them? LOL

 

Watching with interest.

 

Regards

 

 

N.P

[James31]

Had a letter from Lloyds at the beginning of the month saying that they will give me 7 days before requesting payment in full.

 

Similar letter from Co-Op (who were the last of the 5) around the same time, saying the same thing.

 

Have letters lined up for them both to be sent tomorrow, reminding them of their obligation under the 1974 Consumer Credit act (e.g. they haven't supplied a copy of my agreement to date).

 

Hillesden have since sent two more letters to say that they are awaiting a copy of the agreement from Citicard.

 

James

[The GodMother]

how about the rest of the accounts. you said u were testing the waters with 5. Have u considered CCAing the rest?

 

chrissi

[James31]

I originally planned to, but I'lll wait a little longer. My reason being that I don't want to have them all writing demanding money at the same time.

[The GodMother]

ok well maybe 18 creditors at the same time is a bit to many but have the rest stayed quiet or started causing any problems?

[James31]

"Credit Solutions" called my workplace for about the 10th time in two weeks today. They were the 6th account from my original set (i miscounted - thought I'd only done 5!), no reply from them but they just keep on calling. I will send them a letter tomorrow to remind them of their obligations.

 

Secondly, had a letter chasing payment from Blair, Oliver & Scott for Sainsbury's loan. CCA'ing tomorrow.

[The GodMother]

No need to send a chasing letter to credit solutions. they no there obligations not your fault they cant follow the law.

 

Maybe the telephone harrassement letter would be a good idea. I have it on here somewhere will post when find.

 

BOS. Lovely bunch of people, *cough cough* They dont likeCCA request from what l have read.

 

Maybe you need to buy your self some A4 lever arch files, dividers and those clear wallet things to keep all your paperwork in order.

[The GodMother]

telephone harassement letter 4 u.

 

Your Street

Town

City

Postcode

 

Re: Harassment by telephone

 

 

ACCOUNT NUMBER: XXXXXXX

 

Dear Sirs

 

I am writing in relation to the quantity and frequency of telephone calls that I have received from your company, which I deem to be personally harassing.

 

I have verbally requested that these stop, but I am still receiving calls. (Delete if necessary)

 

I now require all further correspondence from your company to be made in writing only.

 

I am of the view that your continued harassment of me by telephone puts you in breach of Section 40 of the Administration of Justice Act 1970, and the Protection from Harassment Act 1997.

 

If you continue to harass me by telephone, you will also be in breach of the Communications Act (2003) s.127 and I will report you to OFCOM, Trading Standards and The Office of Fair Trading, meaning that you will be liable to a substantial fine.

 

Be advised that any further telephone calls from your company will be recorded. (**Even if you don‘t yet have recording equipment!!**)

 

 

Yours faithfully,

 

 

 

[NAME HERE]

 

 

Print name and send by recorded delivery. You may want to save it to your comp as you may need it for more than one company.

 

Chrissi

[James31]

Thanks for that. Sent letter to CSL before I saw your post, but did pickup some folders, good idea.

 

Funny in the post office today, needed a crossed £1 postal order to send to Blair, Oliver and Scott.

 

- "I like a £1 crossed postal order please."

- "A what?"

- "A postal order, for £1"

- "£1?"

- "Yes, £1"

- "Just a pound?"

- "Yes"

- "haha, ok, let me see how much *that* is going to cost you.... £1.45 please!"

- "ok" [i had over the cash]

- "Do you want it payable to anybody?"

- "No"

- "Do you want it crossed?"

- "Yes"

 

...by this point I am getting fed up...

 

- "And it's just for £1?"

- "YES"

- "ok, I'll just sort that out for you"

 

Unforgivably, the lady sitting at the next Cashiers desk decides to get involved, she said "£1 and it's cost him £1.45, oh dear"

 

Anyway, I took the postal order, turned around to walk away and then the cashier shouted... "Make sure you don't lose it!"; at which point I turned back to see him and the lady next to him giggling.

 

Surely I'm not the first person in the world to get a £1 postal order?

[The GodMother]

yes but some off the po expect u to need more out of them.

[James31]

Had a letter from Lloyds a couple of days ago, it was a default notice. They are asking for 2 months worth of payments.

 

The payments they're asking for relate to my DMP; I stopped paying Lloyds when no signed agreement was forthcoming from them, which I requested back in September.

 

Not sure what to do next - write them another letter? I was under the impression they can't issue a default whilst the account is in dispute, with me waiting for a copy of the original agreement. I just know that if I leave it though, the default will be logged.

 

I last wrote to them on 18th Jan- our letters probably crossed in the post:

 

Thank you for your recent letter, the contents of which are noted. However, the reply received by me does not fulfill 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, dated 27th September 2007. Upon receipt of the original request the specified account legally entered into disputed status.

 

My request remains outstanding.

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 18th October 2007 to provide me with the true copy I requested. After that date you entered into default of my request. Whilst the account is 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 agencies (or any third party).

 

To register information with a credit reference agency, you must have written consent from the data subject 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 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.

 

Therefore you have 7 days from receiving this letter to contact me with your intentions to resolve this matter which is now a formal complaint, otherwise 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 hold a consumer credit license 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. Should you not have any signed credit agreement in relation to this alleged debt, please confirm this in writing to me.

 

I would appreciate your due diligence in this matter.

 

I look forward to your reply.

 

Yours faithfully

[James31]

Adding another to the list today, A&L. Sending CCA request tomorrow.

[The GodMother]

cool just let them keep cumming and see if any of them have the legal documents.

 

Chrissi

[James31]

I sent a £1 postal order along with my CCA request to Blair, Oliver & Scott on 23rd Jan. Today I have a letter from them "thanking me for my payment towards the debt" and requesting the remainder of the balance.

 

Are they stupid, ignorant, or is this a common tactic employed by them?

 

James

[Blossomandebony]

Are they stupid, ignorant, or is this a common tactic employed by them?

 

Yes, yes and yes to all of the above. In my experience they can be nasty and unscrupulous too!

 

BAE

 

 

[The GodMother]

common tactic i think give them the 12 days and when they send you letters let us know