Red castle & choice cat debt

[jumpjet]

Hi all,

 

We have decided that it is now time to write to our creditors and push them a bit before stopping payments to CCC's and going it alone. We have sent letters to each creditor, altering each letter to suit to see the reactions we get back and post them up so that we can hopefully get some feedback on their responses.

 

We sent this to Red Castle on tuesday:

 

 

 

 

Red Castle Recoveries

3rd Floor,

20 St. James’s Street,

London.

SW1A 1ES.

 

Dear Sir/madam,

I refer you to your letter of 22/01/2008.

My Position regarding this alleged debt remains unchanged. To date, you have failed to supply the requested documentation. These documents should be readily available as proof of your legal right to collect an account. You have not provided the documentation that entitles you enforce this aleged debt and you are still in default of my Consumer Credit Agreement request.

You are not entitled to under Section 77(1) and Section 78(1) of the Consumer Credit Act 1974 to take any action on this account until you have produced the proof of your entitlement to do so, and as you have not, any attempt to obtain monies for this alleged debt is also a breach of the Act, and constitutes Harassment.

Your company Committed a criminal offence by not adhering to the 30 day deadline as per the Act and as such, I do not recognised any liability in this matter. Agreeing to a review of this alleged debt would suggest that I agree to be liable for the same and without evidence to the contrary, I do not.

I now require the following :

 

1. With immediate effect, you contact the CCC’s and inform them that you no longer wish to collect payments on this account.

2. All payments made to date to this account should be refunded in full, including interest at the rate of 8% per annum.

3. Removal of all defaults entered by you to any credit reference agencies. Note: this is to be a complete deletion and not merely an amendment.

4. I look forward to compensation under Section 13 of the Data Protection Act 1998 to be offered for the processing of my data in the manner it has been done.

5. After a full refund of all payments with interest and compensation are received by myself, you will be required under Section 10 and Section 12 of the Data Protection Act 1998, to cease and desist all manual and automatic processing of my data within your company and any other company within your group.

6. Your confirmation that all of the above action has been taken.

 

In reference to the above, I acknowledge you may require time for departmental transfer of this correspondence and to this end, I will now allow you a further 14 days in which to satisfy these requirements. If no response is received within this period, I shall take action without further reference to cease payments via the CCC’s and it shall be assumed that you have no further interest in this matter. Furthermore, should you not respond, a full transcript of all correspondence and payments will be sent to your regulatory authorities, as the basis of a formal complaint.I may also consider a claim at my local county court in order to facilitate my requirements.

With the exception of point 1& 3 above, upon receipt of your confirmation that these actions have been taken, this matter maybe closed.

 

Yours faithfully,

 

They telephoned tonight and basically asked

 

"Are we going to keep Payng?"

"If you don't keep paying you will be liable for additional costs and charges"

"We don't need to have a credit agreement cos the T&C's are in the catalogue" (they put "the account on hold because they could'nt provide one in the time frame")

And "Credit agreements are not worth the paper they are writen on" (I wonder why they have them in the catalogue then!).

 

Then it was "Are your going to keep paying" again and "We are just contacting you for your protection so you don't get further charges"

 

"We have consulted our legal team and we will not be aceeding to any of your requests"

 

We just said put it in writing!

 

It'll be interesting to see if they do, but meanwhile, all input gratefuly recieved.

 

Scampjet.

 

PS. I can't remember whose letter 've pinched bits out of..but than you.

[fuzzybobble]

If they ring again, just say, "I will on discuss this in writing only." then hang up. Then wait and see if they produce something in writing.

 

It's likely they'll just keep sending computer generated threat-o-grams. If they do, send a letter headed "Formal Complaint" Outlining why you're not happy, and what you expect them to do about it.

 

I've found this works for me, as it then takes them a week to reply, saying they are investigating your complaint. Then a month later they'll reply with a load of feeble excuses, and failing to address bout half of the things you're not happy with. Then write back saying your're not happy, and why and give them one final chance to address the problems. Then theu should give a final answer. Then you can take your complaint to the OFT.

 

Make sure you keep records of all correspondence, times, dates, etc.

Don't dicuss anything on the phone, as you need everything in writing as evidence for the OFT to investigate them.

[jumpjet]

Thanks fizzbobble,

 

this is what I am hoping for. I'm trying to get a definitive answer form creditors who have addmitted they have no agreements, in order gain enough ammo so that a complaint to OFT T.Standards caries more water. We need to establish exactly who we have to pay when we dump the CCCs and we will not have sufficient income to continue the plan at the next review so it they dump us, we will only have to make arrangemnts with those who do have agreements.

 

At least, thats the plan!

[IdaInFife]

You are doing the right thing.

 

As soon as the 12 =2 and 30 days are up you can stop paying them

 

2. All payments made to date to this account should be refunded in full, including interest at the rate of 8% per annum

 

I do hope you know this won't happen and you cannot claim these back.

 

let us know how you get on

 

Idax

[pt2537]

Dear Sir,

 

please pass this to your legal team.

 

Any more frivolous threats by your organisation will be met by a claim in XXXXX County Court against your company, the grounds for such an action will be set out in accordance with the Civil Procedure Rules and CPR Pre Action Protocols

 

In addition, since you persistently fail to provide a copy of the contract which you allege gives a right of action, i may need to make a pre action disclosure application before the court to ensure that i have all the documents which are relevent to my potential claim

 

of course at the point where you fail to comply with the order of the court im sure you will be aware that my claim would succeed without question

 

therefore, please supply me a copy of the contract which you allege that i entered into with your organisation or the organisation which you claim to represent, doing so will avoid the necessity of making an application to the court for disclosure. please note that should it become necessary to make such an application i will produce before the court a copy of this letter when the issue of costs falls due.

 

 

if you do not wish to comply with my request , please withdraw your frivolous threats and confirm that this matter is now closed and no further correspondence will be forthcoming from your organisation

 

Regards

 

 

i would sling that at them, no need to talk about this and that, just tell them that you will bring a claim if they dont crawl back under their rock

[jumpjet]

Hi adainfife. Thanks for posting

 

"I do hope you know this won't happen and you cannot claim these back".

 

Yes i do realise that it won't happen:(

The idea is see what they come back with in response. Hopefully I can get them to back off completely. But that probably won't happen either!

[jumpjet]

Hi Pt,

Thank you again!

I will certainly keep that in safe place till needed (and it will be!).

 

What is the procedure for making a pre action disclosure order?

I am aiming to try and get an answer from those without agreements by 25th of next month.(could'nt even think about it until CL finace was sorted).

I cannot not pay these people while with the cccs and really don't need the additional hassle of trying to fight them off while making an arrangement with other creditors who have agreements. If I can get rid of them, I can pay a slight increase to creditors with agreements and still ease my situation slightly.

 

Thanks again for the letter.

 

Scampjet,

[pt2537]

doubt very much it will be needed but, you can under the Civil Procedure Rules make an application to the court to be disclosed documents which are vital to your case

 

dont worry about how to do it, we can talk you through it, should it even be needed, remember half these mcmuffins puff their chests out so as to make you think you are in the wrong but when you challenge them they tend to run away

[jumpjet]

Thank you Paul,

 

It really is comforting to know all this help is available!

 

I know they are just "puffing their chests" But knowing how to deal with it correctly is another thing!

[jumpjet]

hi all,

 

Recieved this this morning and need advice regarding the law bits they are quoting. The £1 fee mentioned by the way was returned by them when they first wrote to say no agreement!

 

Thank you.

img101.pdf

[jumpjet]

bump!

[fuzzybobble]

It's just DCA scare tactics in the vain attempt to scare you into paying up by quoting a load of legal jargon.

Just write back reminding them that they haven't provided an agreement, and you will refuse to respond to their letters and calls until they do. PT2537's letter above is a good one to send to them.

 

Before too long they'll realise they're onto a loser, and either pass it back to the Original Creditor or sell it down the chain to another DCA.

After 2 or 3 times they all seem to give up.

[palomino]

They have told you that the credit agreement isn't available. As a consequence they cannot enforce payment of the debt.

But they are correct in saying the debt still exists.

 

They also say they will continue to try and recover the debt although, without being able to take this court, any attempts to do so will be no more than moral persuasion.

 

It has been stated on here more than once that DCAs would gain more by being nice, considerate and co-operating with people rather than abusing, vilifying and harassing people. God help us all if they ever change.

 

Remember that old African proverb : Softly, softly catchee monkey...