Help Please re: CCA decision

[babybear39]

Hi and welcome Misterzeus,

 

It's against OFT guidlines to pass an account whilst there is an ongoing and un-resolved dispute oustanding.

 

They should inform you, but many don't 'cos they know they're not supposed to be passing it anyway

[babybear39]

CCA Amex directly and remind them also of their obligations to resolve your dispute or give you a final answer. If you aren't satidfied, complain to FOS.

[babybear39]

That's the way I would do it Misterzeus...Cut out the DCA and communicate with the original creditor, after all, they haven't resolved your complaint or given you a final answer Remind them also that if they don't, you WILL report them to the FOS who, if they see fit WILL charge them £400 for the pleasure of investigating your complaint

 

A CCA to amex wouldn't hurt either

[babybear39]

If you don't feel comfortable ignoring CSL, copy them the letter you send to amex

[babybear39]

Thanks for the rep. comment whoever tipped my scales

[babybear39]

Use this:

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/147392-cca-dcas-unfair-commercial.html

[babybear39]

My own understanding of the new directive is that any offence committed after it came into force, in your case if they don't supply your CCA after the further calendar month, is covered and can be reported to Trading Standards who really should start using this new legislation to prosecute!

[babybear39]

Send this to CSL:

 

ACCOUNT IN DISPUTE

 

Your Reference:

Client reference:

 

 

Dear Sir or Madam,

 

I must admit that I am rather bemused as to why this account has been passed to you, as it is in dispute with ***DCA*** and has been since ***Date***

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

 

 

As ***DCA*** is now in default of my Consumer Credit Act request, Office of Fair Trading Collection Guidelines and 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 ***DCA*** for resolution of these defaults and breaches, as ***DCA*** cannot lawfully pursue any enforcement activities.

 

If ***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.

 

Yours faithfully,

 

Amend to suit, do not sign, print your name, send recorded and keep a copy with your postal reciept.

 

Request the OC's complaints procedure, give them the required 8 weeks to respond to your satisfaction and if they don't, report them to FOS.

 

Send this to citi and a copy to P2C:

 

Dear xxxx

 

Account Ref xxxx

 

Please be advised that I will only communicate with you in writing. I have noted your repeated attempts to contact me by telephone over the past few weeks/months and these have been duly logged by time and date.

 

Furthermore, should it be your intention to arrange a “doorstep call”, please be advised that under OFT rules, you can only visit me at my home if you make an appointment and I have no wish to make an appointment with you.

 

There is only an implied license under English Common Law for people to be able to visit me on my property without express permission; the postman and people asking for directions etc (Armstrong v. Sheppard and Short Ltd [1959] 2 Q.B. per Lord Evershed M.R.). Therefore take note that I revoke license under Common Law for you, or your representatives to visit me at my property and if you do so, then you will be liable to damages for a tort of trespass and action will be taken, including but not limited to, police attendance.

 

Yours faithfully/sincerely

 

Also via recorded post etc...

 

As Amex have now breached the Unfair Commercial Practices Directive and the CPUTR 2008, you should report them to Trading Standards and the OFT straight away.

Edited July 9, 2008 by babybear39
forgot a bit

[babybear39]

Thanks for that SC. The new legislation does mean that the templates and other letters need updating. May I 'borrow' your letter for future use?

Edited July 9, 2008 by babybear39
forgot something as usual

[babybear39]

It's the Wilson case I think SC...

[babybear39]

House of Lords - Wilson and others v. Secretary of State for Trade and Industry (Appellant)

[babybear39]

Good morning Mr & Mrs Z,

 

Your best course of action now is to report them to Trading Standards and the OFT for non-compliance with your CCA request as soon as they ask for payment (you need to let them break the law as evidence for your complaint ). This can be achieved via consumer direct:

 

Trading Standards Central - Trading Standards and Consumer Protection information for the UK

 

Make it clear that you're complaining under the new Unfair Commercial Practices Directive which is part of the CPUTR 2008.

[babybear39]

Ok, do both...

[babybear39]

Do I get the impression you are enjoying yourself Mrs Z ??

 

I got that too

 

Go get 'em Mrs Z

[babybear39]

IMO I would see it as so. TS may veiw it differently but it's worth shot.

[babybear39]

Issuing the default notice could be viewed as pressure to pay

[babybear39]

Hehe...I know what you mean

[babybear39]

:D

 

Oi, stop poking fun at the 'old' ladies

[babybear39]

No worries Mrs Z...I'm only 40

[babybear39]

Perhaps we should start an over 40's thread

[babybear39]

I'm just impressed you all can use a computer, I had enough trouble persuading my gran that she didn't have to rewind a CD haha

 

We're not all technophobes, far from it in my case

[babybear39]

1st crud often get CCA and SAR confused...Awww, bless

[babybear39]

Hi Mrs Z, I'm fine, hope you and Mr Z are too

 

Report citi and 1st crud for passing and chasing an account in dispute to TS and the OFT. This breaches OFT guidlines, the UCPD and the CPUTR 2008. Make sure you report them to thier own TS departments too

Edited September 10, 2008 by babybear39
missed a bit

[babybear39]

Great letter CB

[babybear39]

Don't worry Mrs Z. It's what they're paid to do. Without any complaints they wouldn't have jobs