allied international credit

[steven4064]

I think you should write to AIC and tell them that they have failed to comply with their obligations under s77(1) of the Consumer Credit Act 1974 and they may not enforce the debt by virtue of s77(4). Further, because they have failed to rectify this situation within the statutory period of 30 days tey have committed an offence (also under s77(4)), a fact that you will communicate to the FOS, OFT and local trading standards. You will also make it known to the court should civil proceedings be initaited by either side.

 

Tell them that you do not acknowledge any debt to them and that you now consider the matter closed.

[steven4064]

There isn't a template. Try this:

Your address

 

Their address

 

Date

 

Dear Sirs

 

Re: Account number XXXXXX

 

I wrote to you on date requesting a copy of the exedcuted agreement for the above account pursuant to s77(1) of the Consumer Credit Act 1974. You have failed to comply within the statutory period of 12 days.

 

Under s77(4) of the Act you may therefore not enforce the account and, further, since you have not complied within the additional statutory period of 1 calendar month, you have committed an offence under s77(4) of the Act. I intend to make this fact known to the Financial Ombudsman, the Office of Fair Trading and my local Trading Standards office. Should you commence civil proceedings against me, I will also make this known to the court as it constitutes a complete defence.

 

In the absence of an executed agreement, I acknowledge no debt to you.

 

I trust that the matter is now closed.

 

Yours sincerely

 

Gingerbaby

Print your name but do not sign the letter.

[steven4064]

Hi scarlettina and welcome to CAG

 

Firstly, it would be best if youi started your own thread (click on at the bottom of the forum) so your cvase doesn't get confused with the others on this thread.

 

I would start by writing to AIC and point out that you agreed a final settlement of £350 over the phone on date and that they have therefore obvioulsy made a mistake by sending this final notice. They may have recorded the call but it will be difficult to prove it and proabably impossible to get a copy. It will have got 'lost'

 

Separately, send AIC a request for a copy of the exectuted agreement for the account under s77(1)/78(1) of the Consumer Credit Act 1974. Remind them that they have 12 days in which to comply. Do not sign the letter - print your name. Let's see what that brings.

 

Keep on with the claim against NatWest (you may have to wait until the test case is over but don't give it up and youwill get the money back eventually).

 

Finally, in future do not deal with any financial institution over the phone - insist that eveything is in writing only.

[steven4064]

LOOKS ok.

 

You don't need to delete it, hopefully it will be moved to a new thread with your (and my) other posts above.

[steven4064]

Hi slta

 

Welcome to CAG. Firstly, it would be better to start your own thread so that we can advise you properly. Click on the button on the forum.

 

What did your husband ask for when he wrote to AI? Did he ask for a copy of the executed agreement? I'm sorry, but if AI are chasing the debt, then they have the responsibility by law to send you a copy of the agreement - either because they have a copy or, if not, they must get it from the original lender - Style, in this case.

 

I think you should write back and remind them of their obligations, something like

Dear Sirs

 

RE: ACCOUNT XXXXXXXXX

 

My hsuband wrote to you on date requesting a copy of the executd agreement for the above account under s78(1) of the Consumer Credit Act 1974. You have so far failed to comply. May I remind you that the statutory period for you to reply is 12 days. If you do not comply within that period the account becomes unenforceable until you do comply. If you do not comply within one calendar month folowing the end of the statutory period, you commit a summary offence under the Act.

 

May I also remind you that, the account being unenforceable, you may not request payment, you may not add charges or interest and you may not communicate any data concerning this account to any third party, incluing but not limited to credit reference agencies. It also means that any phone calls demanding payment constitute harassment.

 

I only expect to hear from you again in two circumstances:

 

1) to provide a copy of the executed agreement under s78(1) as requested

2) to inform me that this is the end of the matter and that I will not hear from you again.

 

I also give warning that I will not tolerate harassment but will report any further communications to the relevant authorities, possibly the police.

 

If you do not understand any part of this letter you should consult a qualified solicitor.

See what that does.

[steven4064]

Keep us informed - there is always someone here to help.

[steven4064]

Hi chloe and welcome to CAG

 

PLease start a new thread as I advised slta - everything gets so confused if there are several 'cases' on one thread.

 

I think you need to write to AIC and tell them that your brother doesn't live at that address, that you don't know where he lives, etc - in fact, all the things you told them on the phone -put it in writing. Also tell them that they must not phone again. POint out that contacting people who are not the debtor is contrary to the OFT Guidelilnes on Debt Collection and that, if they phone you again now that you have told them your brother is not at that address, you will report them to the relevant authorities for harassment and may even call in the police. At the end write, "if you do not understand any part of this letter you should contact a qualified solicitor"

 

Finally, note down the date and details of the call. If they phone again, note the call and try and get the name of the person calling. Similarly, should they send any letters- note them. You may have to end up taking them to court and so you need all the evidence.

[steven4064]

please do. But put what you have tol dthem on the phone in writing a suggested above with the warning.

[steven4064]

hi jatniebee

 

Yoiu need to go 'up' one level - the new htread button is on the forum not on a thread

[steven4064]

Hi h1tm4n32

 

You need to put all this ona formal footing with these clowns. When you can, send them the CCA request and send an SAR too to the original creditor. If there are charges, you can claim them back irrespective of what is happeneing between the banks and OFT as that almost certainly doesn't apply to your case.

[steven4064]

Hi Jackey

 

Welcome to CAG.

 

The first thing to do is to find out all about what you owe, etc. Do you have all your statements? If not, send a SAR. It will cost £10 but you will probably find there are quite a few unlawful charges on there that you can reclaim. They have 40 days to comply.

 

You should also send a request for you crediut agreement (see Letter N). that will copst £1 and they have 12 days to comply.

 

They are being very unreasonable in not letter you pay what you can afford - these letters will force them (eventuallty) to supply information that you may be able to use to make them behave more reasonably.

[steven4064]

Hi chelsea1977

 

Welcome to CAG. You need to find out what this is all about either by using a SAR or, if it looks like a credit card or loan account, sending a request under ss77/78 of the Consumer Credit Act 1974.

[steven4064]

Hi JSC

 

Welcome to CAG.

 

Send them this letter

Please note that I am only prepared to communicate with you in writing. Should it be your intention to arrange a "doorstep call", please remember that there is only an implied license under English Common Law for certain people to visit me on my property without express permission; the postman and people asking for directions etc (Armstrong v. Sheppard and Short Ltd [1959] 2 Q.B. 384 per Lord Evershed M.R.).

Please therefore take note that, I revoke license under English Common Law for you, or your representatives to visit me at my property and if you do so without my permission, you will then be liable to damages for a tort of trespass. You would also be conspiring in a trespass if you sent someone to visit me nevertheless.

It would be a good idea to start your own thread - you will get more help that way.

[steven4064]

Hi Rashley

 

Welcome to CAG

 

If they send you a statutory demand (SD, ie to start proceedings to make you bankrupt) let us know. We can have some fun with them. There are several firms that are now routinely issuing SDs in completely stupid situations. They can be fought and won quite easily and you get costs automatically.

[steven4064]

Go back to the forum rather than in a thread and the button is at the top an dbottom