Global Debt Recovery (aka FV-1)

[Goldlady]

This is where the fun starts. These DCA's get greedy and people find sites like this. So what you now need to do is not any of the things they have asked but send them letter N from this link.

 

http://www.consumeractiongroup.co.uk/forum/general-debt-issues/20758-creditors-dcas-letter-templates.html

 

with £1 as Andrew has said. If you send a cheque do not send one with your normal signature, otherwise send a postal order, and send it recorded delivery.

 

This establishes whether there is an enforceable CCA (Consumer Credit Agreement) as many lenders cannot supply them. Sometimes they can't find anything, other times they come up with an application form which is not enforceable by a court. In either of those cases you can tell them to go forth and multiply.

 

Any questions just ask.

 

Best of luck

[Goldlady]

Hi 'less worried than he was tony'. So pleased to hear of your result;) I think it is becoming a national sport.

 

As to your p.s. - it is worth considering whether it can be claimed back but I am not sure how the courts would view it. There were a couple of people on here a while back who went to court to claim back all the interest that had ever been applied to their credit cards on the basis that there was no CCA and therefore the creditor had no right to charge interest. I think they both backed out but not sure why.

 

I think most people (including me) are just so pleased to be rid of all the hassle that they will just call it quits.

 

But if you want to give it a go I am sure you will get lots of support.

[Goldlady]

This is one of several I have saved (and used) from CAG

 

[Their address]

 

[Date]

 

[Your address]

 

Account number: xxxxxxxxxxxxx

 

Dear sir or madam

 

Request for true copy of Credit Agreement under Sections 77/78 of the Consumer Credit Act 1974

 

I wrote to you recently requesting a true, signed copy of any credit agreement that exists in relation to the above account. This is my right under Sections 77 and 78 of the Consumer Credit Act 1974 on payment of the statutory fee of £1.00. This payment was included with my original request.

 

Under the terms of the above Act, a creditor has 12 working days to provide the requested document. Should they fail to do this, they have a further calendar month to rectify this default. Failure to comply within these timescales is a criminal offence.

 

Both of these deadlines have now passed and I have received nothing in relation to my request. This can lead me to only one conclusion, that being that no signed credit agreement exists in relation to this account.

 

As I am sure you are aware, an agreement that does not contain all of the prescribed terms, and/or is not signed by the debtor, is completely unenforceable, even in a court of law. This will be a complete defence to any court action that you may consider taking.

 

On the advice of the Financial Ombudsman, I am now requesting a final decision in this matter from you. Should this decision not meet with my satisfaction, then I will pursue the matter through the Ombudsman. The maximum timescale for you to give a final response to any complaint is 8 weeks. This time runs from the date of my original complaint, in this case that is the request for a true copy of the credit agreement. Therefore, you must provide me with a final response in this matter, including your proposed actions for this account, by [insert date].

 

Please note, you may also consider this letter 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 the 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.

 

There has never been any regulated agreement in relation to this account, and therefore you have never had my consent to process my data. I also do not see how you can state that you have a legitimate interest in processing my data as we have never had any contract that would enable you to do this.

 

Should you fail to respond within 21 days, I will expect that this means you agree to remove all such data.

 

Furthermore, you should remember 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 therefore the following applies:

 

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

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

* You may not pass this account to any third party.

* You may not register any information in respect of this account with any of the credit reference agencies.

* You may not issue a default notice related to this account.

 

Be warned, the CCA 1974 is clear that a default can only be issued for breach of a valid, regulated agreement. If there is no agreement, as in this case, then you cannot issue a default as I have not breached any valid, regulated agreement.

 

I look forward to your final decision on this complaint within 21 days. This should include your proposed actions in relation to the lack of a credit agreement.

 

Yours faithfully

 

[Your name]

[Goldlady]

I would edit it as they are not suddenly going to produce anything.

 

Difficult one, as they know they are stuffed, and I would hesitate at rubbing salt into the wound:D. However as they have been nasty and will probably try all sorts of tricks I think you should make it very clear that you know your rights.

 

You might want to add in the telephone and doorstep collectors bits as well, just to get them completely off your back.

 

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.

 

Yours faithfully,

 

 

 

[NAME HERE]

 

There is also a wonderful letter about refusing permission for anyone to visit your house which makes me laugh every time I read it, but I can't find it at the moment. If they do threaten to send a doorstep collector:D (with a heavily reinforced transit van to carry all the doorsteps) I am sure someone will find it.

[Goldlady]

I would write to the address they wrote to you from - there is a list of addresses on here somewhere?? But that should do it - you will no doubt know soon enough if they got the letter:D

 

Power to the people:p

[Goldlady]

That's the one andrew