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This debt is not one of mine, its a mates debt who is not online so I'm helping her out!

 

On the 10th of feb we sent off a CCA request to IKANO who were collecting a debt for a New Look store card.

 

They replied with this letter.

 

img003.jpg

 

 

She has heard nothing else untill last week when she got the standard blue letter from westcot demanding that she called, which was ignored. ( i havent got the letter to upload)

 

Then today she got this letter.

 

img002.jpg

 

 

I'm guessing Ikano got rid of the debt as soon as they possibly could as the letter from them was within a few days of them getting the CCA request!

 

They have not produced a CCA and are still within the time limit,

What should we do from here?

 

As always any help would be very greatfully recieved!!!!:)

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The creditor has 12 days (plus 2 to allow for postage) to respond to a CCA

request, after which time they are in default under the Consumer Credit Act 1974 S77. After a further 30 days they have committed an offence for not sending a copy of the agreement. It is illegal for them to pass on the debt to a DCA like Wescott while it is in dispute, nor can you be asked to make any further payment on the account whilst it is in dispute.

 

Write to Wescott - never speak to them on the phone - giving the details of your CCA request and informing them that the account is in dispute and they should pass it back to the original creditor.

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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 Consumer Credit Act 1974 and Data Protection Act 1998

 

My last letter from **original creditor/DCA** was DATE and intimated that my complaint would be

resolved on **DATE**, this obviously hasn’t happened.

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

 

Consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS.

 

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.

 

After taking advice, I am of the opinion that any 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 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

__________________

PLEASE NOTE - I am not a legal expert, what is stated is my own opinion and from what I have learnt from this forum and my own experiences.

 

DEBT COLLECTION LETTER/SAR/AGREEMENT TEMPLATES ARE HERE - http://www.consumeractiongroup.co.uk/forum/content.php?65-legislation

 

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