me v creation

[clemma]

Looks like a standard, computer generated reply to me.

[everton2005]

here is the latest reply lastscan-1.jpg - Image - Photobucket - Video and Image Hosting

[everton2005]

what do i do next please folks

[Pinky69]

What was enclosed with the letter?

[everton2005]

the same cca as previous and current t&c

[Pinky69]

In that case I would send the letter above but with the dates changed to their complaints department - let them know the recent submission is not an agreement.

[everton2005]

thanks pinky

[popeye1]

Always be on the attack with this lot ,they are sneaky,CCA is no good.

Good luck

[everton2005]

here is the latest update http://i36.photobucket.com/albums/e38/everton2005/creationyetagain.jpg

 

what they have sent is exactly the same as they have sent previously:confused:

[everton2005]

what now anyone

[popeye1]

Same letter,it does not comply with CCA good luck

[everton2005]

thanks pop

[everton2005]

heres the latest http://i36.photobucket.com/albums/e38/everton2005/clarityforcreation.jpg

[clemma]

Scrap my previous ramblings.....Have you actually been issued with an official default notice from Creation? They have now passed this account on to a DCA which they cannot do......

 

Send this letter off to Clarity:

 

ACCOUNT IN DISPUTE

 

Your Reference:

Client reference:

 

 

Dear Sir or Madam,

 

I must admit that I am rather bemused as to why this account has been passed to you, as it is in dispute with ***OC*** and has been since ***Date***

Not only is this a breach of OFT collection guidelines, but also in breach of the Consumer Credit Act 1974 and Data Protection Act 1998

 

 

As ***OC*** is now in default of my Consumer Credit Act request, Office of Fair Trading Collection Guidelines and s10 Data Protection Act request, I consider this account to be in SERIOUS DISPUTE.

 

As you are aware while my Consumer Credit Act request remains in default, enforcement action is NOT permitted; under s127 this constitutes a complete defence at law. Consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS.

 

Now I would respectfully suggest that this account is returned to ***OC*** for resolution of these defaults and breaches, as ***DCA*** cannot lawfully pursue any enforcement activities.

 

If ***DCA***chooses to ignore my dispute and attempt enforcement, I will initiate legal action and file reports with the appropriate authorities, including, but not limited to, Trading Standards, Office of Fair Trading, Information Commissioners Office, Financial Ombudsman Service and possible court action.

 

I hope that this will not be necessary and an acceptable solution can be accomplished.

 

I would appreciate your due diligence in this matter.

 

Yours faithfully

Print do not sign your name

Edited February 25, 2009 by clemma

[everton2005]

here is the latest folks any thoughts please http://i36.photobucket.com/albums/e38/everton2005/wmd.jpg

[Pinky69]

IT's doing the rounds - it will eventually disappear. Send them the bemused letter.

[everton2005]

received a letter again today obviously they ignored my bemused letter so should i ignore there letter as well

[spiritgirl59]

Hi there

 

I have been dealing with these bozos for over 2 years now, having had exactly the same document sent to me as you have - which is an application form and NOT a credit agreement.

 

I wrote informing them of this and they did their best to get round it, sending me endless copies of the same form which was barely legible, and I kept writing back and telling them to foxtrot oscar.

 

They then gave up and passed the alleged debt to Newman & Co in 1997 - who in turn had no agreement (no surprise there really as there isn't one ) so they were also told to foxtrot oscar...

 

and it then got sent to Drydens. Drydens got very snotty and threatened me with legal proceedings but I stood firm and used some great templates and helpful advice from peeps on here and got rid of them as well - same reason - no "properly executed agreement" - only an application form. I took great delight in explaining to them the requirements of the CCA because as a firm of Solicitors they knew sod all! Strangely it then all went quiet!

 

I am now dealing with some pond life called WMD (West Midland Debt Collections Ltd) who are absolutely full of sh... They have informed me they are "obtaining the agreement" and will send it to me next week....and they said the same thing about 6 weeks back pmsl....

 

...I won't be holding my breath!

 

They obviously fell out of the stupid tree and hit every branch on their way down but bless them for trying

 

So don't let any of them upset or worry you - just keep a file of the rainforest's worth of cr*p you get sent, and copies of your replies. Don't be tempted to speak to any of them on the phone though as they love to try to intimidate you if they get you on the phone. Hope this helps.

 

I'll watch your thread to see what happens next.

 

Best wishes

Love SG x

[everton2005]

wmd that name rings a bell oh yes there on to me too :grin: total nuggets

[everton2005]

right i received a letter today from wmd stating that creation have no record of any dispute on this account and have sent me the same document that creation sent me ie; an application form with no prescribed terms i despair:rolleyes:

[spiritgirl59]

I got one of those letters (and application form) as well

 

I even have proof by recorded delivery track & trace that creation received and signed for my dispute letter - and even had a letter BACK from creation saying that they disagreed with my dispute letter (copies of which I have sent to WMD) - but WMD still insist there is no record :p

 

I am just ignoring all they send now - and not wasting time or effort on them. They are utter pratts!

 

Love SG x

[everton2005]

oh dear http://i36.photobucket.com/albums/e38/everton2005/lastscan-4.jpg

[spiritgirl59]

:)LOL Everton2005 .....I've got one of these exact same letters too !!!

 

I love the bit : "be assured we have every intention of pursuing you for this debt"

 

I was going to write back and state "and you can be assured I have every intention of ignoring all the utter cr*p you write"

 

........but I don't see why I should waste the stamp money .......!!!

 

Love SG x

[everton2005]

exactly what i thought sod them:p

[everton2005]

right had a letter off these today saying i need to send a sample signature for security purposes:razz: