£1 used against debt and not for CCA Request

[Mrsmancmonkey]

Hi Guys

 

Blair Oliver Scott send a letter saying thanks for payment for the £1 even though it was for a copy of my sisters CCA. They also sent her another letter saying that she's not even bothered contacting them, which is a contradiction in terms considering she requested a copy of the CCA.

 

Is there a letter someone can point me to or does this look ok??

 

In response to your recent letter dated 3rd June the £1 postal order sent to you was for my legal right to request a copy of my Consumer Credit Act s77/8 as this alleged debt is in dispute and has been for nearly a year NOT PAYMENT as I do not acknowledge and never have acknowledged any debt with you.

Please DO NOT CONTACT ME AGAIN

Regards

 

Thanks x

[MrShed]

What did the letter with the cheque say?

[Mrsmancmonkey]

I understand that under the Consumer Credit Act 1974 (Sections 77−79), I am entitled to receive a copy of my credit agreement on request. I enclose a payment of £1.00 which represents the fee payable under the Consumer Credit Act.

 

We understand a copy of our credit agreement should be supplied within 12 working days.

 

We understand that under the Consumer Credit Act creditors are unable to enforce an agreement if they fail to comply with a request for a copy of the agreement under these sections of the Act.

 

I look forward to hearing from you.

 

[MrShed]

Thats pretty appalling by them to do that then. Is there any statute of limitations issue here, either actual or potential?

[Mrsmancmonkey]

Unfortunately no, the debts been indispute a year so far and was passed to these recently so she sent that letter will my original letter be ok do you reckon, also now theyve added that will the time start again do you think as she's not made a payment since june last year

 

Thanks

[Michael Browne]

 

Please DO NOT CONTACT ME AGAIN

 

I look forward to hearing from you.

 

Make up your mind

 

There is a CCA non compliance letter here:

http://www.consumeractiongroup.co.uk/forum/barclaycard/130544-living-overseas-dcas-advice.html#post1376342

[Mrsmancmonkey]

Or we saying the same thing LOL:p

[Mrsmancmonkey]

Thanks Michael, Ive sent that one too, original one was the nice request, second one was the big long one as she panics if we dont respond and then she got the other letter today about thanks for payment... x

[Rahl]

The fact they knew what account to credit the PO to means they must have received the accompanying letter , therby acknowledgement in receiving the cca request. If i were you id just leave it for now, wait the 12 days for them to default . You have sent them the stat fee as obligated, it's up to them what they do with the £1 .

[Rahl]

If they specifically claim at a later stage that the £1 is to be paid off the alleged debt , then they are breaking the law :

 

Theft (Amendment) Act 1996 S 24(a)

 

Dishonestly retaining a wrongful credit :

 

24A. - (1) A person is guilty of an offence if-

 

(a) a wrongful credit has been made to an account kept by him or in respect of which he has any right or interest;

(b) he knows or believes that the credit is wrongful; and

© he dishonestly fails to take such steps as are reasonable in the circumstances to secure that the credit is cancelled.

[Mrsmancmonkey]

Rahl you are good, thanks for that info

[Mrsmancmonkey]

Just thought do you think that later on down the line they will say because payments been made that the clock starts at a new date now? So she has another 6 years of this - due to this default already exisitng since July 07, and they being the new DCA's??

[lookinforinfo]

You must write to them and demand that they stop using the £1 as a reduction on the debt-that they remove it from the debt altogether.

In the first place you told them that you did not acknowledge the debt so you can hardly be paying anything off it. But the most imprtant thing is that by them using the £1 to reduce the debt it starts the clock ticking again with reference to the Statute of Limitations.

[lookinforinfo]

Sorry Keeksta you were posting the same thing as I was writing my post.

[Mrsmancmonkey]

Thats what my thoughts were, am goin to send this I think then;-

 

In response to your recent letter dated 3rd June the £1 postal order sent to you was for my legal right to request a copy of my Consumer Credit Act s77/8 as this alleged debt is in dispute and has been for nearly a year NOT PAYMENT as I do not acknowledge and never have acknowledged any debt with you. Therefore please remove this from the debt with immediate effect.

I must note the following;-

Theft (Amendment) Act 1996 S 24(a)

Dishonestly retaining a wrongful credit :

 

24A. - (1) A person is guilty of an offence if-

(a) a wrongful credit has been made to an account kept by him or in respect of which he has any right or interest;

(b) he knows or believes that the credit is wrongful; and

© he dishonestly fails to take such steps as are reasonable in the circumstances to secure that the credit is cancelled.

I therefore expect that the £1 be used in the rightful manner as per my original request.

 

Cheers x

[lookinforinfo]

Of course if they cannot produce the original agreement they will have to remove the default anyway since they do not have proof that written permission has been granted by sister for them to process her data.

[Mrsmancmonkey]

I know they cant either, as she has had the agreement over 10 years with the Halifax and they kept sending application forms when we requested the info.

 

Right thank you all for your help tonight I'll get her to send it off to them tomorrow.

 

Cheers guys x

 

(note to myself stop putting kisses on the end of my messages!)

[Rahl]

Thats what my thoughts were, am goin to send this I think then;-

 

Therefore please remove this from the debt with immediate effect.

 

Think this part needs to say :

 

Therefore please remove this from the alleged debt with immediate effect.