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Kleeneze. CCA Arrived but not sure if legal


shifnal
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Thanks everyone. I feel much better now. I have complained officially to the OFT, and will wait and see what happens.

 

This morning (23rd April), I received an email about my complaint and was told that:

Your case is potentially referable to Trading Standards as an infringement of section 40 of the Administration of Justice Act 1970 regarding harassment of a debtor.

 

I will keep you all informed. Thanks!

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Further update:

 

I today received a letter from Regal which said:

Further to your letter we have confirmed with our client that all sales are indeed regulated by the Consumer Credit Act and every distributor signs the Credit Agreement before commencing trading.

 

In light of this we have closed your account and referred it back to our client to deal with directly. All future correspondence should be sent to them, as we will not be taking any further action with regards to this matter. I apologise for the unintentionally misleading information supplied in my previous letter and for any inconvenience this may have caused.

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Further to your letter we have confirmed with our client that all sales are indeed regulated by the Consumer Credit Act and every distributor signs the Credit Agreement before commencing trading.

 

In light of this we have closed your account and referred it back to our client to deal with directly. All future correspondence should be sent to them, as we will not be taking any further action with regards to this matter. I apologise for the unintentionally misleading information supplied in my previous letter and for any inconvenience this may have caused.

Don't you just love to read grovelling letters. :D

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  • 3 weeks later...

I was wondering if someone could advise me, please?

 

I received a letter today from Wescott about a debt that it is alleged I owe. This is the same debt that Regal Credit chased me for, (see this thread: http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/195712-regal-credit-threaten-bailiffs.html), and in which Regal admitted that their client had lied to them about coming under the terms of the CCA.

 

This will be the third DCA that has chased this debt. The company concerned who say I owe them money know that Regal closed the account and were told that they had lied to Regal. So where do I stand, and which letter should I send? Have the client breached the law, and can I report them?

 

I still have not had a copy of the CCA.

 

Thanks!

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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 ***DCA*** 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 ***DCA*** 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 ***DCA*** 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 name do not sign

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I still have not had a copy of the CCA.

 

Well fortunately, the Law is on your side:grin:

Because until the OC can supply a valid CCA, then they, nor any DCA, can take any legal action against you, nor enforce any collection activity on the debt.

 

A lot of bottom feeder DCA's buy up these non enfroceable debts in the hope that they come across someone who doesn't have any Idea of their rights and get lucky.

As with SB debts, DCA's will contact the debtor for payment, then when the debtor informs the DCA that the debt is SB, that DCA sells the debt on, and the new DCA in turn requests payment from the debtor, and the whole vicious circle starts again!:-?

 

Print off a stack of cerberusalert's 'bemused' letters, and each and every time a DCA spews out their threatogrammes, fire that letter back at them, then when the debt is SB, you can print off a stack of SB letters and fire those off instead:-D

 

However I do hope you recycle all that paper they waste:p

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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