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    • Speaking of the reformatory boys, here they are with all of their supporters, some of whom traveled with them from miles away, all carefully crammed together and photographed to look like there were more than about 80 .. rather like Farages last rally with even fewer people crammed around what looked like an ice cream van or mobile tea bar ... Although a number in the crowd apparently thought they were at a vintage car rally as they appeared to be chanting 'crank-her'. A vintage Bentley must be out of view.   Is this all there is? Its less than the Tory candidate. - shut up and smile while they get a camera angle that looks better
    • in order for us to help you we require the following information:- Which Court have you received the claim from ? Canterbury If possible please scan redact and upload a full page copy of page 1 of the claim form. ( Name of the Claimant ? Moneybarn No 1   How many defendant's  joint or self ? One Date of issue – top right hand corner of the claim form – this in order to establish the time line you need to adhere to. 29/05/24 Acknowledged by 14/06/24  Defence by 29/06/24  Particulars of Claim PARTICULARS OF CLAIM   1.  By a Conditional Sale Agreement in writing made on 25th August 2022. Between the Claimant and Defendant, the Claimant let to the Defendant on Conditional Sale. A Ford Ranger 3.2 TDCi (200 P S) 4x4 Wildtrack  Double Cab Pickup 3200cc (Sep.2015) Registration No, ******* Chassis number ***************** (“The Vehicle”).  A copy of the agreement is attached   2.  The price of the goods was £15,995.00.  The Initial Rental was £8500.00.  The total charge for credit was £3575.;17 And the balance of £11,070.17 was payable by 59 equal consecutive monthly instalments of £187 63. payable on the 25th of each month.   3.  The following were expressed conditions of the set agreement,   Clause 8: Our Right to End this Agreement  8.1   Subject to sending you the notice as required by law, any of the following events will entitle us to end this Agreement: 8.1.2  You fail to pay the advance payment (if any) or any of the payments as specified on the front page of this agreement or any other sum payable under this Agreement. 8.1.3 If any of the information you have given us before entering into this Agreement or during the term of this Agreement was false 8.1.4 We consider, acting reasonably, that the goods may be in jeopardy or that our rights in the goods may otherwise be prejudiced. 8.1.5 If you die 8.1.6 If a bankruptcy petition is presented against you; if you petition for your own bankruptcy, or make a live arrangement with your creditors or call a meeting of them. 8. 1.7 If in Scotland, you become insolvent or sequestration or a receiver, judicial factor or trustee to be appointed over any of your estate, or effects or suffer an arrestment, charge attachment or other diligence to be issued or levied on any of your estate or effects or suffer any exercise, or threatened exercise of landlords hype hypothec 8.1.8 If you are a partnership, you are dissolved 8.1.9 If the goods are destroyed, lost, stolen and/or treated by the insurer as a total loss in response to an insurance claim. 8.1.10 If we reasonably believe any payment made to us in respect of this Agreement is a proceed of crime. 8.1.11 If steps are taken by us to terminate any other agreement which you have entered into with us.   Clause 9.  Effect of Us Terminating Agreement   9.1 If this Agreement terminates under clause 8 the following will apply 9.1.1 Subject to the rights given to you by law, you will no longer be entitled to possession of the goods and must return them to us to an address as we may reasonably specify, (removing or commencing the removal of any cherished plates) together with a V5 registration certificate, both sets of keys and a service record book. If you are unable or unwilling to return the goods to us then we shall collect the goods and we'll charge you in accordance with clause 10.3 9.1.2 We will be entitled to immediate payment from you for all payments and all other sums do under this agreement at the date of termination 9.1.3 We will sell the goods or public sale at the earliest opportunity once the goods are in a reasonable condition which includes a return of the items listed in clause 7.1.4 9.1.4 We will be entitled to immediate payment from you of the rest of the Total Amount Payable under this agreement less: ( a) A rebate for early settlement ias required by law which will be calculated and notified to you at the time of payment (b) The proceeds of sale of the goods (if any) after deduction of all costs associated with finding you and/or the goods, recovery, refurbishment and repair. Insurance, storage, sale, agents fees, cherished plate removal, replacement keys, costs associated with obtaining service history for the goods and in relation to obtaining a duplicate V5 registration certificate   4, The following are particulars required by Civil Procedure Rules. Rule 7.9 as set out in 7.1 and 7.2 of the associated Practice Direction entitled Hire Purchase Claims:-   a)     The agreement is dated 25 August 2022. And is between Moneybarn No1 Limited  and xxxxxxxxx under agreement number 756050. b)    The claimant was one of the original parties to the agreement. c)    The agreement is regulated under the Consumer Credit Act 1974. d)    The goods claimed Ford Ranger 3.2 TDCi ( 200 PS) 4x4 Wildtrack Double Cab Pickup 3200 cc (Sep2015} Registration No ^^^^^^^ Chassis number ***************** e)     Thw total price of the goods £19570 f)     The paid up sum £1206 5 g)    The unpaid balance of the total price £7505 (to include charges) h)    A default notice was sent to the defendant on 20th February 2024 by Firrst class post i)      The date when the right to demand delivery of the goods accrued 14 March 2024 j)      The amount if any claimed as an alternative to delivery of the goods 7505 22 include charges ]= 5.  A the date of service of the notice the instalments were £562.89 in arrears. 6. By reason of the Termination of the Agreement by the notice, defendant became liable to pay the sum of £7502 7. The date of maturity the agreement is 24th August 2027. 8. Further or  alternative by reasons of  the Defendant breaches of the agreement by failing to pay the said instalments, the Defendant evinced an intention no longer to be bound by the Agreement and repudiated it by the said Notice the claimant accepted that repudiation 9. By reason of such repudiation the claimant has suffered loss and damage.   Total amount payable £19570 Less sum paid or in arrears by the date of repudiation £12064 97 Balance £7505 (to include charges.) ( The claimant will give credit if necessary for the value of the vehicle if recovered.)  The claimant therefore claims 1.    An order for delivery up of the vehicle 2.    The MoneyClaim to be adjourned generally with liberty to restore,  Upon restoration of the MoneyClaim following return or loss of the vehicle. the Claimant will ensure the pre action protocol for debt claims is followed. 3.    Pursuant to s 90 (1)  of the Consumer Credit Act 1974. An order that the Claimant and/or its agents may enter any premises in which the vehicle is situated in order to recover the vehicle should it not be returned by the Defendant 4.    further or alternatively damages 5.    costs.   Statement of truth The Claimant believes that the facts stated in these Particulars of Claim are true. The Claimant understands that the proceedings for contempt of court may be brought against anyone who makes or causes to be made a false statement in the document for verified by statement of truth without an honest belief in its truth. I am duly Authorised by the Claimant to sign these Particulars of Claim signed Dated 17th of April 2024   What is the total value of the claim? 7502   Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? No   Never heard of this   Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? No   Did you inform the claimant of your change of address? n/a Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? No   When did you enter into the original agreement before or after April 2007 ? After  Do you recall how you entered into the agreement...On line /In branch/By post ? In a garage  Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ? Yes  Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. Original Were you aware the account had been assigned – did you receive a Notice of Assignment? n/a   Did you receive a Default Notice from the original creditor? They said sent but nor received   Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? None seen   Why did you cease payments? Still Paying,   What was the date of your last payment? Yesterday  31st May 2024   Was there a dispute with the original creditor that remains unresolved? No   Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? Yes on 12 Feb 2024   What you need to do now.   Can't scan, will do via another means as you cant have jpg
    • Now that is an interesting article which adds afew perspective that I hadn't thought significant - but on reflection of the perspectives offered ... Now Starmer is no Blair, however 'blairite he may be perceived, but the Tories aren't tories and aren't even remotely liberal   The fast 'unannounced and unexpected election call from sunack may well be explained by the opinion linked that he hoped reform would be unprepared and effectively call a chunk of Farages largely empty bluster - making him look even more of a prat, leave scope for attacks on shabby reform candidates and mimimise core vote losses to reform - while throwing the 'middle ground' (relative) tories TO THE DOGS - and with the added bonus of likely pacifying his missu' desire to jogg off to sunny cal tout suite somewhat   thumb in the air - I expect about 140ish tory seats, but can hope for under a hundred Reform - got to admit the outside possibility of 1, maybe 2 seats with about 8% of the vote - but unlikely. I think projections of over 10% of the vote for reform is nudged and paid for speculation - but possible with the expected massive drives from Russian, Chinese and far right social media bot and troll prods targeting the gullible.
    • Commentary June 2024 WWW.ELECTORALCALCULUS.CO.UK Interesting article about just how bad it could be for the Tories.  Also Tories could be hoping on Reform not having candidates in many seats, as they were not ready.  
    • Even a Piers Morgan is an improvement and a gutless Farage Piers Morgan calls for second Brexit referendum WWW.THELONDONECONOMIC.COM Piers Morgan and Nigel Farage have faced off over Brexit and a second referendum in a heated reunion on BBC Question Time.   “Why don’t we have another referendum about Brexit?” he questioned. “I seem to remember when 2016 came around we were told there was going to be control of our borders and it was going to be economically beneficial to this country. And eight years later we have lost complete control of our borders… and economically it seems to have been a wilful act of self-harm.”   ... Piers missed off : after all somebody said a 48/52 decision would be "unfinished business" by a long way - was that person just bul lying (again)  
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1st Credit, an old debt and no records!


Kyokudo
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Hello to all,

 

I'm new to these forums, in terms of registering. I did read some invaluable advice on here recently and have since started the ball rolling with 1st Credit on a really old debt.

 

The jist of it is this; back in April 2002 I took out a loan with Lloyds TSB whilst I was fit & healthy. All was fine for a few months, but then I was struck with a long term illness and was unable to make payments. So I did the usual, buried my head in the sand hoping for it to all go away... and it did... somewhat.

 

I never replied to any DCA's or 'supposed' solicitor letters. In the end I heard nothing for a long while. Until quite recently, they begun to call my home phone and somebody at home mistakingly gave them my works number.

 

They called and I spoke to a very rude agent who threatened all sorts of stuff. So under duress I agreed to try and make full payment available in 3 days (in compliance with their request).

 

After those 3 days passed, they called again and this time a somewhat sympathetic guy spoke to me. I said I could not pay the full outstanding balance and asked if an arrangement could be met, he declined but offered a decreased full and final settlement figure. I agreed to this and said I would pay at the end of October, this way I may have had time to get money (as I was selling a few personal items on eBay at the time).

 

That's when I came accross this site and read some posts and thought to myself... hang on a second. They are chasing me after what seems to be a long time. Asking for full payment and not entering into an arrangement and being overly aggressive.

 

Then I begun to dig deeper and decided to fire off a CCA request about 2 days ago. That night when I got home I registered on Credit Expert and decided to look at my Credit Report.

 

I am shocked at what I found, my Lloyds account was marked as Satisfied on 25/06/2003 and 'updated'? on 18/09/2005. But there is no reference to any defaults to 1st Credit on my file. The only reference to 1st Credit is a search on 12/2007.

 

But looking at my file I also noted another debt I had, which I had no idea of as I'm sure I paid in full a long time ago with a work bonus! But needless to say, the original creditor is marked as Satisfactory and the DCA, in this instance Lowell Portfolio Limited, but that started on 17/10/2002.

 

So my questions are as follows;

1) Why aren't 1st Credit noted on my file as a default if they are indeed legally allowed to collect a debt?

 

2) Are Lowell legally allowed to claim the other debt, or is it now statute barred?

 

Um, that's all I can think of, unless someone else wants to point some other stuff out?;)

 

Thanks to whomever takes the time to read all that, you deserve a medal! :grin:

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i will call you kk if thats alright with you welcome to the CAG the best parasite removers ever.

 

you say you sent off a cca just waite for the reply they have 12+2 days to come up with the said agreement or tell you what the debt is for once we know that we can help you more. scan all letters you get from them into photobucket and upload here in this thread as this is now your's. i have made a video tutorial of how to use photobucket for everyones ease to veiw

 

forgot to say remove all reference personel details accounts , barcodes ect from the documents first but video will show you how

Edited by huggy41
more info

PHOTOBUCKET TUTORIAL IS NOW DONE HERE IT IS

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Yeah, my username is bit... weird huh!?

 

Anyway, I knew waiting for the outcome of my CCA would be the main thing. As for the letters, some of the age old ones have already been destroyed. I only have stuff for the last few months.

 

Quite used to photobucket, I used to make what's known as graphical signatures and store them there.

 

Does anyone know if the other debt for Lowell is considered Statue Barred? As far as I'm aware, no payment (other than what I thought I cleared) has been made for all that time.

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The six years for statute barring is from the date you last made a payment or acknowledged the debt in writing. If the 17/10/2002 refers to that, then the Clownell one is statute barred.

 

It sounds like you found the CAG site just in time!

 

One last thing - never entertain these leeches on the telephone. Make sure everything is in writing.

 

SH

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Just a quick question.

I am still receiving calls (not answering at the moment) on my Mobile at around the same time each day. They still leave the same stupidly scripted message.

 

Now what I need to know is this, now they have my CCA request, are they still allowed to call to persue this debt, even though it is now in serious dispute?

 

Because I am quite inclined to answer the call next time and tell them to leave me be for now. They're actually calling my mobile, which is really irritating.

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1st Credit are aggressive BUT a CCA request usually makes them go away. As they buy the debt they usually have very little records wise. If you also chuck a SAR at them as well that will make them go even quieter!

 

Phone harassment is illegal, right a letter to them stating ALL communications to be in writing and not by phone. (there is a "sticky" letter guide if you need)

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This is the templated letter -

 

- HARASSMENT WARNING -

 

WARNING: PROTECTION FROM HARASSMENT ACT 1997

 

WARNING: COMMUNICATIONS ACT 2003. s127.

 

Telephone Number:

 

Re: Harassment by Telephone

 

Dear Sir/Madam

 

I am writing in relation to telephone calls that I have received from your organisation, which I deem to be personally harassing. I have requested that these calls stop, but I am still receiving calls. I now require the telephone number listed above to be completely removed from your systems.

 

I am in the view that your continued calling puts you in breach of the Protection from Harassment Act 1997.

 

This is a private telephone line, operated on a contract with the intention of receiving and making personal phone calls, I have not authorised any other member of my family to receive calls from your organisation using this PRIVATE TELEPHONE LINE.

 

By using this telephone number without my permission you are interfering with my ability to use my own private property for the duration of any call.

 

It is my right to require that this telephone line, which is licensed solely to myself, is kept clear for my own personal calls.

 

It is consequently my view that you are committing the tort of interference with contract insofar as for the duration of each call you make to me without my permission, you are interfering with my contractual right to receive and make personal calls on my private telephone line.

 

Continued interference with my contractual rights in this manner will result in legal action.

 

If you continue to harass me by telephone, you will also be in breach of the Communications Act (2003) s.127 and I will report you to the Office of Communications, Trading Standards and the Office of Fair Trading, meaning that you will be liable for a substantial fine.

 

Be advised that all telephone calls from your company will be recorded.

 

 

Yours Faithfully,

 

xxxxxxxxxxxxx

 

I think this letter needs a couple of paragraphs adding to it - one pointing out that harassment is a criminal offence which may result in police and/or legal action, and another pointing out that this is the initiation of a formal complaint, and that you require a copy of the official complaints procedure, which they are obliged to supply.

 

SH

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Thanks for that, will be sending one of those off on Monday.

 

However, I have had a reply from 1st Credit regarding my CCA request. After reading other replies from other CAGer's here (learn that already!!), it differs somewhat.

 

This is the main body of the text, no point writing the rest is there?

 

-----------------------------------------------------------------------

 

REQUEST FOR COPY AGREEEMENT

We refer to your recent communication requesting a copy of the relevant agreement.

 

The document you have requested is retained by our client. We will therefore advise them of your request and arrange for the document to be sent to you as soon as possible.

 

Should your request also include the below documents, please be advised of the following:

 

Deed of Assignment- we would refer you to section 136 of the Law of Property Act 1925 which provides that the debtor is notified of the assignment of the debt in writing and not a copy of the Deed itself.

 

Copy statements--there is a charge of £10.00 for this information.

 

On receipt of the copy agreement we would expect you to contact this office immediately to arrange settlement of the debt.

 

Please call this office should you wish to discuss this matter.

 

Yours faithfully

 

(squiggle)

 

ADMINISTRATION DEPARTMENT

 

-----------------------------------------------------------------------

 

What does this all mean, it's all a bit... well 'blah' to me?

Where do I stand with this section 136 of the Law of Property Act 1925?

 

I wasn't worried that much before, but this letter seems a bit more... legal?

 

I thank you for your help, I know this is your personal time you are taking to answer my questions.

 

Oh and a quickie from my previous post.

Are 1st Credit allowed to search and leave a trace of it on my Credit File, not stating what the search was for, without my express permission to do so?

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It sounds to me that the debt is statute barred....there must be a clear gap of 6 years (5 years in Scotland) where you have not paid or acknowledged the debt.....I would send letter M from here also by recorded delivery - http://www.consumeractiongroup.co.uk/forum/general-debt-issues/20758-creditors-dcas-letter-templates.html

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When was the last time you made any payments or written acknowlegment against the accounts? (Appart from the CCA, as this is not a writen acknowlegement, but a legal request for information.)

Edited by babybear39
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In all honesty, I'm not entirely certain.

I know that at some stage, I wrote to a few creditors some years ago to make arrangements for payments. All were accepted and some paid in full. But that's what makes me wonder about the Capital One debt to Lowell's/RED.

 

I think it may have been in late 2002 or early 2003.

 

Any answers to my questions from before?

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This Deed of Assignment they refer to, this is a document saying they are the holders of the debt, correct?

 

You say I should have received one from them and from the original creditor?

 

I don't recall ever receiving something like that from them or the original creditor. What if they just decided to make one up?

 

I mean, all it sounds like is a document they could type up at any time and put an older date on, from both parties invloved really.

 

Now that's got me concerned.

 

On a side note, I have been waiting for a call from 1st Credit as they have been doing so since receiving my CCA request on the 5th of this month (except the w/end). But today... no call?

 

I was hoping they'd call, as I wanted to try one of the listed methods of winding up the DCA agent on the phone!

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What you should have received is a NOTICE of Assignment from the original creditor.

 

What many people often do receive is a fake letter written by the DCA on headed paper supposed to be from the original creditor, that the average primary school infant could tell is fake.

 

SH

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I see what you're saying.

Thing is, I tend to destroy documents over 2 years old (unless they're majorly important).

I've checked through old files and in my drawers and have thus far come up blank. So it's either been destroyed, or (most likely) it was never sent.

 

SHOULD I ask for a copy of it to be sent, or just see how the CCA request pans out?

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The CCA request is the first step. Assuming....

 

Do the letters from 1st Credit have an account number on them, or anything which positively identifies which account they refer to?

 

In order for any request to make sense, it has to be clear what it refers to.

 

If you definitely know which account this is, it may be worth sending an SAR to the original creditor, as it sounds like a statute barred situation.

 

SH

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  • 2 weeks later...

Here we are, over the 12+2 days and ho hum, nothing from 1st Credit!

I expected as much and to be honest, the last phone call was very... timid!

 

It went something along the lines of:

 

Me: Hello?

1st: Hello, can I speak to Mr. (my name)?

Me: Who's calling?

1st: It's (xxxx) from 1st Credit, is that Mr. (my name)?

Me: Yes, but before we go any further, during the last conversation we had I requested that all contact be via letter only.

1st: So you would like us to not call you then?

Me: Yes please.

1st: Okay then.

Me: So if you would kindly remove all my numbers from your systems I would be greatful.

1st: Okay Mr. (my name), thank you.

Me: Bye then.

1st: Bye.

 

She didn't even ask me for details or anything, it was as if she'd just given up?

 

Anyway, so now where do I stand on the non appearance of a CCA?

I assume it's another letter to them stating they've now got 30 days to rectify this, or they'll be breaking laws!

 

Any ideas what template, or a really strongly worded one is?

I'd love to send them one that gets a rather comical reply!

 

Thanks in advance ^_^

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Sorry to disappoint you, but the 30 day/summary offence part was repealed earlier in the year. Now, only the 12+2 days has relevance.

 

Now, they are in default of your request, so you can send the "Account In Dispute" letter.

 

Account In Dispute

 

Ref:

 

Dear Sir/Madam

 

Thank you for your letter of xx/xx/xx, the contents of which have been noted.

 

You have failed to respond to my legal request to supply me a true copy of the original Consumer Credit Agreement for the above account.

 

On **DATE** I made a formal request for a true signed agreement for the alleged account under consumer credit Act 1974 s77/8. A copy of which is enclosed for your perusal and ease of reference.

You have failed to comply with my request, and as such the account entered default on **DATE**.(12+2 days after you sent the CCA request)

 

The document that you are obliged to send me is a true copy of the executed agreement that contained all of the prescribed terms, all other required terms and statutory notices and was signed by both your company and myself as defined in section 61(1) of CCA 74 and subsequent Statutory Instruments. If the executed agreement contained any reference to any other document, you are also obliged to send me a copy of that document.In addition a full statement of this account should have been sent to me detailing all debits and credits to the account.

 

Furthermore

 

You are aware that the Consumer Credit Act allows 12 working days for a request for a true copy of a credit agreement to be carried out before your client enters into a default situation.

 

This limit has expired

 

As you are no doubt aware section 77(6) states:

 

If the creditor fails to comply with Subsection (1)

 

(a) He is not entitled , while the default continues, to enforce the agreement.

 

Therefore this account has become unenforceable at law.

 

As you have Failed to comply with a lawful request for a true, signed copy of the said agreement and other relevant documents mentioned in it, Failed to send a full statement of the account and Failed to provide any of the documentation requested.

 

Consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS.

 

Furthermore I shall counterclaim that any such action constitutes unlawful harassment.

 

Please note you may also consider this letter as a statutory notice under section 10 of the Data Protection Act to cease processing any data in relation to this account with immediate effect.

 

This means you must remove all information regarding this account from your own internal records and from my records with any credit reference agencies.

 

Should you refuse to comply, you must within 21 days provide me with a detailed breakdown of your reasoning behind continuing to process my data.

 

It is not sufficient to simply state that you have a ‘legal right’; You must outline your reasoning in this matter and state upon which legislation this reasoning depends.

 

Should you not respond within 14 days I expect that this means you agree to remove all such data.

 

Furthermore you should be aware that a creditor is not permitted to take ANY action against an account whilst it remains in dispute.

 

The lack of a credit agreement is a very clear dispute and as such the following applies.

 

* You may not demand any payment on the account, nor am I obliged to offer any payment to you.

* You may not add further interest or any charges to the account.

* You may not pass the account to a third party.

* You may not register any information in respect of the account with any credit reference agency.

* You may not issue a default notice related to the account.

 

 

I reserve the right to report your actions to any such regulatory authorities as I see fit. You have 14 days from receiving this letter to contact me with your intentions to resolve this matter which is now a formal complaint. I therefore request a copy of your official complaints procedure which you are obliged to supply.

 

I would appreciate your due diligence in this matter.

 

I look forward to hearing from you in writing.

 

Yours faithfully,

 

xxxxxxxxxxxxx

 

 

As for a comical reply, I don't think Worst Crudit are known for their sense of humour. To be honest, it is unlikely you will get any kind of reply. You will most probably just continue to get the templated threatagrams from the Acme Threat Machine.

 

SH

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Thanks ScabHunter,

 

That letter will be going Recorded tomorrow. (well today from time of post!)

 

Hopefully like you say, just templated letters.

What I do like is the fact that on my credit file, there is no reference to the debt with Wurst Crudit.

 

However, the Lloyds account is noted as Satisfied.

 

So when applying for credit in the future, Wurst Crudit won't be ruining it for me.

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