Scotcall = No CCA

[The Janitor]

Well today I got my 1st "lapsed payment" letters. Both are from Scotcall regarding the 2 accounts I've been paying til recently. Scotcall already admitted they cannot supply CCA's for these accounts so what's my next step? Is it the same complaint as Lowells or is there a standard letter in this case?

[TMAngel]

Thanks ODC. I'll start my own thread now re Cabot.

 

Well it looks like their 12 days are up because their last letter was dated 13 August which would give them until 25 August to reply?!

 

Look out for my thread then as I'll be needing more advice on this one!!

[ODC]

Well today I got my 1st "lapsed payment" letters. Both are from Scotcall regarding the 2 accounts I've been paying til recently. Scotcall already admitted they cannot supply CCA's for these accounts so what's my next step? Is it the same complaint as Lowells or is there a standard letter in this case?

They have admitted there is no CCA. So if there is No CCA then there is no enforcable debt. I would ignore them unless they send you any more begging letters in which case hit them with a formal complaint to Snotcall and TS

[The Janitor]

Thanks for that ODC. I'm finding it hard to ignore the letters now I can kick back but I'll follow the advice.

Whats your take on my Cabot situation? Is it worth trying to get the CCJ removed? I don't want to go down that road without a good chance of winning that one.

[The Janitor]

Can I just repeat the question I asked in the previous post? I am very open to suggestions as to whether I should attempt CCJ removal as it looks likely that Cabot didn't have any CCA's to backup their court action.

 

Meanwhile, a letter from my buddies at Link Financial regarding 1 of the 3 MBNA accounts they have on file:

 

http://i533.photobucket.com/albums/ee338/The_Janitor69/Link1.jpg

 

I would say they are trying it on but any advice on this is most welcome.

[The Janitor]

Ok so I got a little time on my hands and fancied playing with my buddies at Link Financial so can someone please read the letter I received from them which I inserted into the above post then cast an eye over my intended reply:

 

ACCOUNTS IN DISPUTE

Dear Sir or Madam,

Link References: xxxx, xxxx, xxxx

With reference to your letter dated 27/08/2008

I note your comments on FOS guidelines regarding creditors writing information to alleged debtors credit files. I will take your word for this but that is what I did when I received letters from you demanding payments on the above accounts which resulted on me coming to an agreement regarding repayments.

I believe that this does not constitute proof that the alleged debt actually exists and only that there is a repayment agreement in existence between myself and Link Financial and your argument simply would not stand up in any court proceedings. I should have asked for proof at that time but now I do. I am entitled to ask you to prove that an alleged debt actually exists and that you are legally entitled to collect on it. I am still waiting for you to provide this proof.

I refer you back to your letters dated 24/07/2008 in which you confirmed receipt of my request for a true copy of correctly executed credit agreements for the above accounts.

As Link Financial is now in default of my Consumer Credit Act requests, I consider these accounts to be in SERIOUS DISPUTE.

I refer you to the OFT debt collection guidance document, section headed “Deceptive and /or unfair methods”, section 2.8(k) which lists, amongst other wrongful practices, “not ceasing collection activity whilst investigating a reasonably queried or disputed debt”.

Your letter dated 27/08/2008 is clearly in breach of your Consumer Credit Act default and I am entitled to report your activities to your local Trading Standards office which I believe to be situated in Southwark.

You should be aware while my Consumer Credit Act requests remains in default enforcement action is NOT permitted, under s127 this constitutes a complete defence at law.

You are reminded that you are in default on this alleged agreement, whilst in default you cannot enforce the agreement, make charges against it, assign it nor sell it.

I also request a copy of your complaints procedure

I would appreciate your due diligence in this matter.

I look forward to hearing from you in writing.

Yours faithfully

 

The Janitor.

 

 

Now I must stress that I did this as these guys really get my back up and it was very enjoyable but maybe I should wait a while.

Your continued support is greatly appreciated

[The Janitor]

Ok I'm going to need a little help here. Just received a late payment notice from wescot. They cashed my CCA request cheque but credited to my account. They have not acknowledged my CCA request at all. They're not allowed to do this are they? I neglected to send the request recorded but they obviously received it.

Whats my next move?

[The Janitor]

*Bump*

Not getting any takers so would it be better for me to create a different thread for each DCA I'm dealing with? This thread has got a little untidy with me dealing with so many DCA's.

[PriorityOne]

Probably best to write back... referring to their "late payment notice"... and state that as your cheque for a CCA request was cashed on xx/xx/xx, that the account will remain in dispute until such times as they're able to comply with it.... and the fact that the £1 fee has been credited to your account has been noted.

 

I suspect that it's a only template letter anyway... but it does no harm to point out their misdeed on this occasion.

 

Send by rec. delivery.

[The Janitor]

Thanks for the reply PriorityOne. I'll do just that.

I am aware that the usual thing to do in these cases is to just ignore them until they step up their "collection" attempts but I feel that if I can send letters back to them quoting OFT regulations & legal jargon it may just put them on the back foot as they will think I'm either a legal expert (nope) or that I've been taking advice (oh yes!). It can't hurt to let the DCA's know that I know my rights.

Maybe it gets a bit tiresome when rookies like me keep posting questions which to you guys seem a bit stupid but I don't yet have the know-how to take on these people on my own & value every bit of advice being given. I'm sure that if/when I secure my 1st victory I will gain no end of confidence. I'm just in a bit of a panic as it looks like the battles are about to commence.

And yes, I've learnt my lesson. All is being sent recorded from now on

[PriorityOne]

Hey...your not tiresome at all. It's just sometimes difficult to find the time to answer straight away 'coz of work commitments, etc.

[Robot_roo]

yes and it really helps newbie's like myself to read these threads janitor, it has inspired me no end!!!

[The Janitor]

Cheers guys. Just needed to know that someone's got my back in case things get real messy.

I've just fired off letters to Wescot, Link & Scotcall to remind them that asking for payment while in default of my CCA request breaks OFT collection guidelines & gives me the right to complain to their local TS regarding the breach & non-compliance of my CCA request.

Lowells have got back to me to say they are "investigating" my complaint.

[The Janitor]

Just receieved this from Link Financial regarding 1 of the MBNA accounts they have for me.

I think it's supposed to be 1 of the CCA's I asked for.

 

http://i533.photobucket.com/albums/ee338/The_Janitor69/Link2.jpg

[ODC]

Thats all they sent !!!!

[Multay]

Haha...What the hell is that????? Is that supposed to be a CCA?

 

So according to that you have signed an agreement for no money to not be paid back in any installments without any interest...Are they having a giraffe...

 

I think you are probably OK with that one but I'm sure one of the experts will confirm...

 

Hope it all works out for you but personnaly I think you are onto a winner with that one...

 

That could be for anything at all...It doesn't even say that you borrowed any money...Please God they send me one like that if they ever get around to replying to my request...

[The Janitor]

Yes I know

They sent a covering letter saying "find enclosed the documents you have requested".

It looks very much that the member who posted earlier in this thread saying that MBNA didn't do enforceables may just be right.

I should also add that I have already this week sent a letter to Link regarding their non-compliance of my CCA request as they have requested money whilst in default. I refer to their letter which is in post 55 but I guess this "document" was posted by them before they received mine.

I suppose I should send them another letter telling them that this "document" doesn't quite do the job?

 

Also received a letter today from Credit Security Ltd who say they have not received a reply to their letter. This would be the same letter in which they freely admitted they have no CCA but still fully expect me to keep on paying. They must have expected a reply so maybe I will send them this one:

 

 

ACCOUNT IN DISPUTE

Dear Sir or Madam,

Account Number: xxx

Thanks for your letter dated 30/07/2008.

As you have already acknowledged my request for a true copy of a correctly executed credit agreement for the above account and have informed me by letter that you cannot supply me with such then my request is now in default and the account is now in serious dispute.

You should be aware while my Consumer Credit Act requests remains in default enforcement action is NOT permitted, under s127 this constitutes a complete defence at law.

You are reminded that you are in default on this alleged agreement, whilst in default you cannot enforce the agreement, make charges against it, assign it nor sell it.

Your letter contains a request for me to send payment. This is a clear breach of the CCA act & section 2.8(k) of the “Deceptive and /or unfair methods” chapter of the OFT’s debt collection guidance document which lists, amongst others, “not ceasing collection activity whilst investigating a reasonably queried or disputed debt”.

A letter of complaint is being drafted regarding your CCA default breach & your non-compliance of the CCA request to your local Trading Standards Office.

I now suggest that as collection on the account is suspended you either send me the document that I requested or reduce the balance of the account to zero and confirm such in writing.

I also request a copy of your complaints procedure

I would appreciate your due diligence in this matter.

I look forward to hearing from you in writing.

Yours faithfully

The Janitor

 

Maybe a bit too long?

[PriorityOne]

Just make sure the letter goes off rec. delivery.... That's gotta be one of the best "CCA's" I've seen in a long while.... lol !

 

[Multay]

I think that one is great - The phone jockey who stuck that in an envelope must be having a laugh!!!

 

I'm shocked they are actually serious - Mind I suppose it's a step up from "we have no agreement or any form of documentation and get your name wrong all the time,but we will take you to court as you paid £1.00 on the account 14 years ago so it proves you owe us 20 grand"

 

[The Janitor]

Yeh I think they seem to revert to "well you've been paying us so that proves you owe us cash" when they really have nothing on us. That actually seems to be Credit Security LTD's line with me anyway.It's really got nothing to do with the "pay up or we take you to court, take your house, kidnap your wife, torture your kids" letters at all. Maybe those people who got ripped off with the "you've won the Spanish lottery" [problem] can actually claim the cash cos the letters they got said they won so thats proof enough. Thats all the DCA's are doing with us. They send us "you owe us cash" letters and they think thats enough for us to part with our money. Well it worked with me til I found this site

[Multay]

Same here I'm sad to say...I got caught out by Wescot - It's what brought me here in the first place...But they seem to have dissappeared - TBH most seem to have gone quiet with the exception of A&L - I think I should be getting an LBA before long. Once that happens I'll have to start pestering everyone on here - But I'm going to try an knock the defence up myself first and see if I have actually learned anything...

[breeze1996]

Scottcall have been offered a load of new debts that are old ones.

If you get them telling you about something please as for infor as the agents have dates on their forms of when the debt is from.

 

I love this site as it tells us all how to get what we deserve, not what they want us to pay.

[noomill060]

Justhad a look at that eerrrrrrrrrrrr....... "Credit Agreement"

 

For fks sake! Im embarrassed for them. Ahhh, the poor sad gits.

 

Are they on a mission to self-destruct?

Edited September 6, 2008 by noomill060

[The Janitor]

Guys, your opinion please on another "CCA" concerning a different MBNA account from my playmates at Link Financial. Looks like another application form to me but I waould like to hear what you think.

 

http://i533.photobucket.com/albums/ee338/The_Janitor69/Link3.jpg

[Robot_roo]

..Please God they send me one like that if they ever get around to replying to my request...

 

 

Yes me too