what to do

[rakker]

i did put thread up but cant find it now,but would like to ask for advice i have been getting letters saying im refusing to pay which i have,nt have been paying since 2006,so i sent two letters recored delivery so they would have to sign for them anyway got another two letters saying you have no intion of paying this debt and we,ll take tou to cour and you,ll have to pay 150 cort costs now do i respound to the letter or send another one to them,its BLS COLLECTING FOR lLOYDS but they just dont want to know so please what do i do

rakker

[zazen.warrior]

Send them a CCA request and cag will help you take it from there.

 

They sound totally unreasonable!

[rakker]

thank you were do i get CCA form someone did tell me but ive forgot as im not good at remembering things

[zazen.warrior]

I like this one but there is a shorter version you might prefer in the templates. I just think this one will give more of a jolt, I've had admission of no CCA in response to this. Game over

 

 

Dear Sir/Madam

 

 

I DO NOT ACKNOWLWDGE ANY DEBT TO YOUR COMPANY

 

Account Number

 

 

With reference to the above agreement, I require that you provide me a true copy of the credit agreement

 

I am aware that section 78(1) of the Consumer Credit Act 1974 sets out clearly what is required to comply with my request and quote “shall give the debtor a copy of the executed agreement (if any) and of any other document referred to in it” For clarification I require a copy of the agreement, any terms and conditions from the time when the agreement was executed together with a copy of current terms and conditions and a copy of the cancellation notice if the agreement refers to “Your Right to Cancel” within it. I also require a statement of account as set out also within Section 78(1).

 

 

If there were no terms and conditions then please confirm this in your response

 

I am entitled to receive the information on request. I enclose a payment of £1.00, which represents the fee payable under the Consumer Credit Act 1974.

 

I note that section 172 outlines that statements by creditors are binding where made under inter alia section 78(1) and I take this to be that any reply made in response to this request is binding upon you. Therefore you should ensure that all documents request are supplied. Any missing documents will be considered not part of the agreement and could therefore affect the enforceability of anything you send.

 

I understand that Consumer Credit (Prescribed Periods for Giving Information) Regulations 1983 (SI 1983/1569) at regulation 2 sets out the required time frame for compliance with this request as being 12 working days from receipt

 

Should you fail to comply with my request as outlined above, I shall consider the account in dispute. I am aware that where a creditor fails to supply the requested information the creditor’s rights to enforcement are restricted until such time as they comply. I am also aware that there are certain terms that are required to be within the “Agreement” and should these terms be misstated or not present the agreement can be rendered unenforceable in law.

 

Notwithstanding the above, I note that the Consumer Credit (Cancellation Notices and Copies of Documents) Regulations 1983 (SI 1983/1557) at Regulation 3 allows the Signature box and signature to be omitted in a copy document but the copy document must contain all the terms off the agreement contained within the signed executed original document

 

I respectfully request that you provide a copy of the original agreement signed by myself that you hold on file and while I accept that you can omit the signature box for the purposes of compliance with my request, you will be aware that any challenge to the agreement in court would require the signed copy of the original agreement. If you still reject this, please provide clarification on the status of the Original Credit Agreement and confirm either that you hold the original signed agreement on file or a copy of it on microfiche or that you no longer hold the file

 

Also please provide details of who I may address a subject access request to under the Data Protection Act 1998 section 7 so that I may obtain a copy of the original agreement should you fail to forward a copy in respect of this request

 

Therefore I look forward to receiving this information within the time frames as indicated above

 

 

If you do not understand this letter, you should seek qualified legal advice

 

Yours faithfully

[rakker]

Hi Zazen i have four accounts with them do i put all account numbers on and do i need to sent more than one pound,im not with there bank any more but just to let you no my friends son pays it into there bank with there paying in banks which they sent me

[zazen.warrior]

Are these bank accounts or credit cards. I'm not really up to speed on bank accounts as I've only dealt with cards.

 

For cards I would send a copy of the above letter for each account with £1.00 for each (not sure about that but someone will put me right if not)

 

If it is a bank account (s) hopefully someone will come along to advise.

 

Print your signature and send by signed for delivery.

[rakker]

three are cards one is loan but the letters ive had are for one card and the loan it just dos,nt make any sense to me

[rakker]

just to update regarding BLS I had,nt got round to sending them another letter,but this morning asking me to ring them,and underneath one line saying you must keep up the payments,so i think the penny has dropped as i sent two recorded delivery to them,and someone phoned the house my friend answer and when she mention the letters he put the phone down,ive been paying them since 2006 not alot but what i can afford its better than nothing,but they threaten with bailiff & court but i was paying into there bank with the paying in books they sent me,so i think they would have got laugh out of court

Rakker

[letshelp]

Do not phone these people, insist that all correspondence is done via letters. At least then you have a true record of what has gone on. DCA's are not known for their memory by the time matters get to court.

good luck

[rakker]

can they do this BLS have sent me aletter saying i have to pay ten pound next month,but i cant pay them any more so what do i do,is this legal that they can up payments

Rakker

[42man]

You can only pay them what you can afford at the time....however now you have sent them the CCA request, you have put the debt into dispute....If they continue to harrass you by phone, bear in mind that the OFT says this....

 

Section 2.8 (k) Deceptive and/or Unfair methods

 

k. not ceasing collection activity whilst investigating a reasonably queried or

disputed debt.

 

If they continue to call you after you have made your bona-fide request for your agreement then send this by recorded delivery

 

Company Name

Road

Town

City / County

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.

 

I am also suprised to have to remind a Debt Collection Agency of the OFT's guidelines on debt collection section 2.8 (k) which state that it is an unfair/deceptive method to continue to carry on collection activity when a debt is queried or disputed.

 

 

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.

 

Yours faithfully,

 

 

 

[NAME HERE]

 

 

 

[rakker]

thank you 42Man

i did,nt get round to sending them CCA ,as we,ve had two deaths in the family and now another relation is dying,so do i just send aletter saying i cant pay any more but still keep on paying the mount that they agreed to in the beginning

rakker

[letshelp]

Rakker

You need to send the letter as outlined by ZW above, also send the letter about harrassment that 42MAN has done for you, semd them both signed for delivery. I may be wrong but once you send the letter ZW has done for you the debt will be in dispute until they come up with the credit agreement. So I would hold off making any further payments until they produce the credit agreement. If they can't produce the agreement then as far as I know the debt is unenforcable. But wiser heads on here will advise you better if I am wrong.

DON'T SPEAK TO THEM ON THE TELEPHONE

Just make a note of the time and date that they telephoned you and don't make any further offers to pay them money

They are trying to scare you into paying money you don't have, just hold your nerve. Think of this, even if it went to Court a Judge won't order you to pay more than you can afford.

best regards

[rakker]

thank you lets help sorry if i seem abit vague do i just copy the letters from above and send them,i do have one problem the letters go to my friends house as its her son who pays the payments into the bank for me,but i will write them letters now but i would like to keep paying so my friend dos,nt get the hassel of them,could you please advise

rakker

[rakker]

Hi Letshelp thank you for your help sorry to sound abit vague do i copy the two letters from above,i would like to keep on paying what i can ,as the letters go to my friends house as her son pays the payments into the bank and if i stop paying them then shes going to get the hassel ,and as shes deaf she dos,nt realy here what there saying,could you give me some advice on this please,thank you

rakker

[stikky62]

rakker,,,,copy the letters but edit to suit your account numbers etc.

 

and DO NOT hand sign them ~ print only.

 

btw,,you say the letters go to your friends....are they addressed to your name?

[rakker]

yes there address in my name c/o my friends address what does btw mean please

Edited July 10, 2008 by rakker

[rakker]

sorry to ask again but do i put the piece put the line thats in red on my letter,ive been trying to copy these two letters,so i can re-write them but not having any luck as only get have of the lines,so looks like i,ll have to write it by hand and then print it,unless anyone can suggest some other way of doing it

rakker

[letshelp]

Rakker,

As Stikky62 advised you, just amend the letters to fit your personal circumstances.

BTW means By The Way.

Any further questions feel free to post them, remember get those letters of asap.

best regards

[letshelp]

Rakker,

Try copying and paste the letters in word, then edit as required

[stikky62]

do i put the piece put the line thats in red on my letter

 

If you mean the "i do not acknoweldge any debt with your company" bit, it seems kind of pointless if you've been making payments.

It doesn't really make a difference to what you're asking for ~ CCA

[A+]

Can someone tell me why you should not SIGN these letters by hand?

Just curious.

[Guest forgottenone]

Well, I will leave it to others to explain ... cos there are plenty, many reasons not to.

[rakker]

i have done the letters and just left the red words out as im still paying them so your right it would be pretty pointless,Stikky62,just have to wait now and see what they do,and thank you all for your help

rakker

[stikky62]

thank you all for your help

 

Thanks to this excellant website and ALL the Caggers ;-)