AIC - !!! Scary

[N.P]

Tell them to Financial Ombudsman? I don't understand NP, I really don't understand. Personally I'd tell them to go forth and multiply.

 

Fred

 

Fred, don't think FO means Financial Ombudsman

 

 

Heh heh, quite funny that

[babybear39]

Foxtrot Oscar

[N.P]

Fred, don't think FO means Financial Ombudsman

 

 

It does if your a moronic debt collector with an empty head, no offense Freddy boy, hah hah

 

That`s tickled my whats it name that has

[anxious!!]

Right hello everyone

What do I do now..

 

Today (29th) is the date that they should have got back to me by regarding my CCA (12 working days ex weekends)

So what do I do now!!! please

 

Thanks for everyones help so far, its helped tons. x

[maroondevo52]

Well anxious,

 

Think that's up to you I requested two CCA's about 4 months ago, after a few standard ' we've not got it, but we'll find it for you' I have'nt done anything, Im just happy enjoying the peace and quite

 

A debt becomes unenforceable under the CCA if a creditor does not supply a true copy of the signed credit agreement within 12 working days of it being requested, after a further month the creditor has committed an offence. This offence can be reported to the Trading Standards Authority (in the creditors area, not your local one), or the FSA.

 

The debt remains unenforceable for as long as the creditor fails to produce the signed credit agreement – this means if they produce the agreement some months down the line, they are quite within their rights to enforce it. They do not need to take any further action to enforce the debt. A debtor cannot take any action against the creditor for failing to produce the signed credit agreement within the prescribed time, because that is up to the agencies that the offence has been reported to. Any sanctions that may be imposed are at the discretion of these agencies, and it is not a matter that the debtor can take to the civil court.

 

If a CCJ has already been entered against a debt, then there is no point in requesting the agreement under the CCA, if your intention is to argue that the debt is unenforceable, since the debt has already been enforced. You can however request a true copy of the original signed credit agreement if you wish to check original terms and conditions etc. If they do not supply it then your only recourse is to report them to the aforementioned agencies. It would be very difficult to prove that they didn’t have the agreement at the time judgment was entered.

 

It is imperative that you continue to pay any debt under the terms of a CCJ.

 

Issuing a court claim for non-compliance of a CCA request in all probability achieves nothing to benefit to the debtor, as a court claim is likely to spur a detailed search which could well end up with them producing a perfectly acceptable original signed agreement in court – which would result in the debtor losing the case, and being made liable for the creditor’s costs.

 

If after requesting a true copy of a signed credit agreement the creditor fails to produce it, it does not mean that the debt does not exist, because at the end of the day the debtor spent the money and therefore they owe it and need to pay it back The debtor may now however be in a good position to make a full and final offer to clear the debt.

 

 

 

Regards.

 

Scott.

[N.P]

Hi anxious,

 

Good to hear from you again.

 

Do nothing! Your CCA request is still in play. It is now up to them to comply with your legal request. Let them make the next move.

 

If they start hassling you again, let us know and we`ll lauch the ICBM`s

 

Ciao for now

 

 

 

Neil.

[anxious!!]

brilliant thanks guys for replying so quickly

 

its not a CCJ, so it hasnt got to that stage, but like i've said before, my main thought is that all i wanted to do is pay my standard payment like before, and now i'm paying nothing, and that worries me more than anything! cause to me that means its just going against my name and will affect me in the future!!

 

dam Allied international, they are bloody awful!!!

 

from what i've read on here, reporting them to the trading standards (up in glasgow) is a waste of time!!! nothing comes of it!!!

is there a standard letter i could just copy and send to them or shall i not bother! x

[N.P]

If after requesting a true copy of a signed credit agreement the creditor fails to produce it, it does not mean that the debt does not exist, because at the end of the day the debtor spent the money and therefore they owe it and need to pay it back The debtor may now however be in a good position to make a full and final offer to clear the debt.

 

If there is no agreement at all, could it not be argued the money received was a gift and that there was no agreement to pay it back?

 

Just a silly thought

 

 

 

Neil.

[maroondevo52]

Neil, I'll let someone else answer that

 

Regards.

 

Scott.

[N.P]

 

Dam Allied international, they are bloody awful!!!

 

is there a standard letter i could just copy and send to them or shall i not bother! x

 

 

What sort of letter? I`d just let them fester for a while. Without a valid CCA there`s very little they can do except terrorise you, but you can handle that, can`t you? Now that you know better.

 

Let them do all the work. They must now prove everything, remember, you CCA request is still in play. Wait another 30 days and if they still bug you then report the empty heads to the powers that be.

 

 

 

Neil.

[N.P]

Neil, I'll let someone else answer that

 

Regards.

 

Scott.

 

 

 

Heh heh, it`s always worth a try, what do you think?

 

Errrrm "What you talking about mate, I thought it was a freebe, I never said I`d pay it back, you empty head!"

[maroondevo52]

There's one here..........

 

 

Formal Complaint no CCA

 

Formal Complaint

 

Dear Sir/Madam,

 

With reference to my previous letters, I wish to draw you attention to your company's lack of compliance with my legal request.

 

On **DATE** I made a formal request for a true signed agreement for the alleged account under consumer credit Act 1974 s77/8.

You have failed to comply with request, and as such the account entered default on **DATE**.

 

The document that you are obliged to send me is a true copy of the executed agreement that contained all of the prescribed terms, all other required terms and statutory notices and was signed by both your company and myself as defined in section 61(1) of CCA 74. If the executed agreement contained any reference to any other document, you are also obliged to send me a copy of that document.

 

As you may not be aware , failure to comply with this request within 12 working days renders the alleged debt UNENFORCEABLE in law. Furthermore, if this non-compliance continues for a further month then a summary, criminal offence is committed.

 

Furthermore you should be aware that a creditor is not permitted to take ANY action against an account whilst it remains in dispute.

 

The lack of a compliant credit agreement is a very clear dispute and as such the following applies.

 

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

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

* may not pass the account to a third party.

* may not register any information in respect of the account with any credit reference agency.

* may not issue a default notice related to the account.

 

Therefore this account has become unenforceable at law.

 

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

 

After taking advice, I am of the opinion that your 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 reserve the right to report your actions to any such regulatory authorities as I see fit.

You have 14 days from receiving this letter to contact me with your intentions to resolve this matter which is now a formal complaint.

 

I hope that you will enter into a sincere dialogue with me about this matter and I am writing this letter to you on the assumption that you would prefer to do this than merely respond with standard letters and leaflets.

 

I would appreciate your due diligence in this matter.

 

I await your rapid response.

 

 

Regards.

 

Scott.

[babybear39]

Excellent leter MD, mind if I bookmark it? It's one of the ones I'm mising...

[palomino]

Maroondev, there have been numerous postings that the one month clause has been revoked in this year's amendments to the CCA.

[babybear39]

Palomino, the summary criminal offence no longer applies but the OFT can and should enforce the UCPD and the CPUTR 2008 through it's enforcement officers, Trading Standards We're still waiting for them to do this though and the legislation was incorporated into UK law on the 26th May, 2008

 

More complaints to Trading Standards and the OFT are needed to 'remind' them of their obligations under the LAW

[palomino]

Yes, I understand that.

 

It's just that the letter above (post 37) still contains "Furthermore, if this non-compliance continues for a further month then a summary, criminal offence is committed."

which I believe (from numerous postings here) no longer applies. And hence this should be removed from the letter.

 

I'm not trying to make an issue here, merely pointing out a minor inconsistency which a DCA could claim as an indication that you were out of touch with the law.

[Freewilling]

I think that "law" is a facre as it is all statutes, but thats just my opinion.

[babybear39]

I understand completely and agree palomino. But it's taking a bit of time for the new legislation to be digested and incorporated into letters. It's even more difficult as a lot of the letters used aren't from the templates library. Something should be done to address this as a matter of urgency.

[maroondevo52]

 

It's just that the letter above (post 37) still contains "Furthermore, if this non-compliance continues for a further month then a summary, criminal offence is committed."

which I believe (from numerous postings here) no longer applies. And hence this should be removed from the letter.

 

I'm not trying to make an issue here, merely pointing out a minor inconsistency which a DCA could claim as an indication that you were out of touch with the law.

 

 

Spot on palomino,

 

Sorry, I should have ommited that bit,as it is no longer a summary criminal offence

 

Thanks for pulling me up

 

Regards.

 

Scott.

[anxious!!]

thanks for all the replies, im stuck though, dont know what to do for the best, do i write again! or do i just wait for a bit longer?

will they ever contact me! i've heard nothing from them, yet this debt still stands

[babybear39]

Wait for the 12 + 2 working days and then if they ask for payment hit them with a nice report to Trading Standards nd the OFT for breaches of the OFT guildines, UCPD and the CPUTR 2008.

[anxious!!]

Ho hum

I havent done anything since not getting a CCA confirmation from AIC

Now they are starting to call me again, I never answer the phone to them as its such a battle to 'talk' to them!

 

I read a very interesting article in the Guardian the other week which made me think about companies like this!

 

Where do I go from here, I know I can do the telephone harrasment letter now, (as before they were not contacting me)

Am I been more black listed because of this company and do they have the power to send baliffs to the door or me to court!!!!

because from the article i read, the impression i got was no to those questions!

[mr.ton]

Ho hum

I havent done anything since not getting a CCA confirmation from AIC

Now they are starting to call me again, I never answer the phone to them as its such a battle to 'talk' to them!

I read a very interesting article in the Guardian the other week which made me think about companies like this!

Where do I go from here, I know I can do the telephone harrasment letter now, (as before they were not contacting me)

Am I been more black listed because of this company and do they have the power to send baliffs to the door or me to court!!!!

because from the article i read, the impression i got was no to those questions!

 

Black lists are a myth

They cant send anyone to your door as they can be just be told to go away & the police be called if they refuse to comply.

They can take you to court - but chances are they wont as its not in their best interests to as they'd just end up with a £1 per month or something

[Fred Bassett]

Ho hum

I havent done anything since not getting a CCA confirmation from AIC

Now they are starting to call me again, I never answer the phone to them as its such a battle to 'talk' to them!

 

I read a very interesting article in the Guardian the other week which made me think about companies like this!

 

Where do I go from here, I know I can do the telephone harrasment letter now, (as before they were not contacting me)

Am I been more black listed because of this company and do they have the power to send baliffs to the door or me to court!!!!

because from the article i read, the impression i got was no to those questions!

 

Anxious, just to enforce what Mr Ton has said. They can't send Bailiffs to the door - Bailiffs can only be appointed by a court and you're a long way off that at the moment. They can send Debt Collectors, but you can write to them telling them not to - there is a template letter for this. If they do send a 'Doorstep Collector' after you have written to them, they will then be breaking the law. Also, you simply do not have to talk to them even if they do turn up and this is very rare - just tell them politely that you will only deal with it in writing and ask them to leave.

 

Regards.

 

Fred

[babybear39]

Here's the doorstep 'bog off' letter which you can print off and hand to anyone who shows up and send to AIC:

 

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,

 

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