Babyblue vs Credit security help needed

[babyblue25]

Today i recieved a respose from credit security to my bog off letter after they just ignored my cca request.... surprise surprise lol but they returned my letter saying and i quote :

 

'We are returning the enclosed letter received at this office unsigned,

 

'To enable us to provide you with the information requested kindly sign and return your letter to the above address'

 

Please help what do i do you guys always say dont sign anything i dont want my signature super imposed or duplicated onto a new agreement.

 

Any help will be great thankyou in advance

 

Babyblue

[berrylover]

Do not sign it. They do not have to have your signiture to action it. If they go over the 12+2 days then send them the dispute letter, again unsigned.

[PGH7447]

If they have previously dealt with you at your address, send it back and remind them of that fact, and that if they now have difficulties in believing you are you, then there is doubts as to why they assume you are who you say you are so, therefore there is no debt to answer to.

 

It made sense when I wrote it but not when I read it back, oh well I know what i mean I just hope you do:)

[RobMitch]

SEconded, its just a delaying tactic...stay strong!

[babyblue25]

Do not sign it. They do not have to have your signiture to action it. If they go over the 12+2 days then send them the dispute letter, again unsigned.

 

Thanks berrylover they just ignored my cca request and this was my dispute letter they have returned! sorry i referred to it as a bog off letter...

But its now way past the 12+2 working days

[RobMitch]

You have done what you need to do. If they now attempt to enforce the debt in the court you have a complete defense

[PGH7447]

In that case just ignore it

[42man]

Edit to suit....and send recorded

 

Dear Sirs,

 

RE Account NO XXXXXXXX

 

Thank you for your letter dated xx/xx/2007 the contents of which are noted

 

In your letter you make reference to requiring my signed authorisation before you comply. I draw your attention to the fact that the Consumer Credit Act 1974 does not require that i supply you a copy of my signature before you comply with my S78 request.

 

If it is for Data Protection purposes then i can happily supply you with documentation to substantiate my identity to you.

 

However please note that to date you have happily sent statements and correspondence containing extensive sensitive private information to my address. I have to ask if you are concerned that you are corresponding with the correct person why has it taken so long to raise this?

 

As you are aware, disclosing data without adequate checks of identity is contrary to the 7th principal of data protection, listed in schedule 1 of the Data protection Act 1998:

 

7. Appropriate technical and organisational measures shall be taken against unauthorised or unlawful processing of personal data and against accidental loss or destruction of, or damage to, personal data.

 

My request for a true copy of my credit agreement under section 77/78 was made on xx/xx/2007 and the 12 working days for your compliance expire on xx/xx/2007. I note that there is no provision that removes the requirements of the act to provide this information on time, even if you are unsure of my identity.

 

i look forward to receiving the documentation requested

 

Regards

[berrylover]

Yup don't worry. Until they produce a CCA then the debt is unenforcable.

[babyblue25]

In that case just ignore it

 

I'll just file it in the relevent section of my filing cabinet with all correspondence in this debt as my defence if they decide to take it to court.

 

So i do not need to respond to this letter fullstop.?

[babyblue25]

Edit to suit....and send recorded

 

Dear Sirs,

 

RE Account NO XXXXXXXX

 

Thank you for your letter dated xx/xx/2007 the contents of which are noted

 

In your letter you make reference to requiring my signed authorisation before you comply. I draw your attention to the fact that the Consumer Credit Act 1974 does not require that i supply you a copy of my signature before you comply with my S78 request.

 

If it is for Data Protection purposes then i can happily supply you with documentation to substantiate my identity to you.

 

However please note that to date you have happily sent statements and correspondence containing extensive sensitive private information to my address. I have to ask if you are concerned that you are corresponding with the correct person why has it taken so long to raise this?

 

As you are aware, disclosing data without adequate checks of identity is contrary to the 7th principal of data protection, listed in schedule 1 of the Data protection Act 1998:

 

7. Appropriate technical and organisational measures shall be taken against unauthorised or unlawful processing of personal data and against accidental loss or destruction of, or damage to, personal data.

 

My request for a true copy of my credit agreement under section 77/78 was made on xx/xx/2007 and the 12 working days for your compliance expire on xx/xx/2007. I note that there is no provision that removes the requirements of the act to provide this information on time, even if you are unsure of my identity.

 

i look forward to receiving the documentation requested

 

Regards

 

Thankyou 42man i like that angle i will send that first thing recorded tomorrow! hopefully they will get the message

 

babyblue

[babyblue25]

today i recieved a response from credit security regarding another debt and the letter says the usual babble then....

"however you will be aware that your account was reffered to this office for collection in xx 03 as a result of your default, and to assist you we agreed to accept £25 monthly payments.

 

Liability has been admitted and in the absence of any dispute we can only assume that any default is a deliberate attempt to avoid payment, and will consider legal proceedings for recovery as we are satisfied that any county court judge will consider the debt due and payable."

 

PLEASE HELP WHAT DO I DO NOW!!

 

Babyblue

[42man]

Send this by recorded....

 

Dear Sirs,

 

I write in response to your letter dated XXXXX

 

Your letter is incorrect and frivolous, you are fully aware of legally valid reasons why no payment has been made on this account, namely that the agreement which underpins this account has not been supplied despite a perfectly valid request and furthermore, it is suggested that notwithstanding the failure to supply a copy, the agreement itself is likely to be improperly executed, devoid of all prescribed terms and deficient in respect of detail relating to APR, total charge for credit and statements of rights, remedies and protections as required by schedules 1,2 and 6 Consumer Credit Agreements Regulations 1983

 

Therefore the agreement as outlined in section 65 (1) Consumer Credit Act must be laid before the court to be granted an enforcement order before any further action can be taken

 

It is my view that the court would not grant such an order due to the deficiencies that I have outlined, and the absence of any documents disproving my points itself speaks volumes

 

Therefore, I would indeed welcome the opportunity to place this before the court. furthermore should you proceed with the threats to issue a statutory demand or a county court claim I will make an immediate application to have it set aside for the grounds outlined above, also I shall refer the judge to this letter when the matter of costs falls due

 

I trust this outlines my position clearly enough for you

[babyblue25]

42 man i am as ever grateful to your wise knowledge letter was posted awaiting response i am still new to this but when the debt collectors dissapear i will be making a donation to the forum and i will be sticking around to help other caggers as i go through the processes

[babyblue25]

Today i received another letter from these cretins in response to 42mans letter (above) i sent them (thanks again 42man) the letter just contained a statement of the account since they have held it, and not all the charges LLoyds would have put on it! also they missed the point that i requested my credit agreement not my payment history to themselves.

What do i do now do i send them anything or just file the letter see what happens next?

thanks in advance babyblue

[babyblue25]

bump

[PGH7447]

File, it is now in dispute

[babyblue25]

Right again today recieved a letter from cred sec Saying

 

'To avoid legal action you were given the opportunity to make arrangements with our agent for payment of the above debt'

 

'However, Your account remains unpaid and we are left with no alternative other than to consider County Court Proceedings unless a payment and repayment proposal is recieved within 7 DAYS'

 

Then it has their cruddy Name address payment amount ''untill accouint as stated above is paid in full'' and a lovely space for me to sign.

 

So i signed and sent it back.. Ha.... NOT

 

What do i do to this im stuck ive disputed the account i already told them to send my cca and ive also told them that paying the monthly payments i had been making does not mean that i now do not dispute the debt.

 

HELP

 

Baby blyue

[PGH7447]

write back and demand their complaints procedure, for demanding monies while the account is in dispute for non compliance of your CCA request, then report them to TS and OFT

[babyblue25]

Does anyone have template letters to send to them regarding the complaints procedure and templates to send to TS etc?

Please help

[babyblue25]

Im still recieving letters from these jokers but i am in need of a letter requesting their complaints precedure as they still threattening me with court action as now it says pay or paperwork will be put before aylesbury cc and they wont let me know so they win by default! im not even in aylesbury! ??

[sosumi]

Im still recieving letters from these jokers but i am in need of a letter requesting their complaints precedure as they still threattening me with court action as now it says pay or paperwork will be put before aylesbury cc and they wont let me know so they win by default! im not even in aylesbury! ??

Can you scan that letter in (your details removed) babyblue?

[babyblue25]

Can you scan that letter in (your details removed) babyblue?

 

Not at the mo my printer scanner playing up word for word

 

its headed Knipe Woodhouse Smiths, Solicitors, Commissioners for Oaths

 

UPON THE INSTRUCTION OF OUR CLIENT CREDIT SECURITY LIMITED WE HEREBY GIVE FORMAL NOTIFICATION OF OUR INTENTION TO ISSUE COUNTY COURT PROCEEDINGS FOR NON PAYMENT OF THE ABOVE DEBT

 

If payment is not received WITHIN 7 DAYS a county court claim will be prepared for the issue in AYLESBURY COUNTY COURT. A claim fee plus costs will be added to the ammount you owe.

 

payment options...

 

then minimum ccj charges

 

does this help??

[sosumi]

This is the account you requested a CCA for?

[babyblue25]

This is the account you requested a CCA for?

 

yes this is the account i requested my cca from i have a million harrasment letters since and i have replied to various ones and kept all proof of postage and delivery! this accounts cca was requested 9/9/08 account in dispute letter sent 21/10/08

 

thanks in advance