Blackhorse / Nationwide Collection Services Limited

[BuffNess]

Hey,

Was wandering if someone can advise me on what to do next.

 

I have a Blackhorse Hire Purchase Agreement and its a long winded story, however I have stopped paying because the car got repossessed and trying to fight a case with Blackhorse to either reduce the debt or write it off - the FOS are involved and have wrote to me to say that the complaint is getting looked to. I am complaining for a number of reasons, but I wont get into them now.

 

The debt has now gone to a debt collection agency - Nationwide Collection Services Limited. A member on the forum here told me to write to them for a CCA request. I sent the following letter:

 

Dear Sir/Madam

 

This letter is a formal request pursuant to s.77/78 of the Consumer Credit Act 1974. I require you to provide me with a true copy of the credit agreement relating to the above account, together with any other documentation the Act requires you to provide.

 

I expect you to comply fully and properly with this request, within the statutory time limit. You are reminded that should you fail to comply with my request, the provisions of s.77(6) will apply.

 

If it is your view that you are not the creditor, s.175 of the CCA 1974 applies in the case of a simple assignment, and places a duty upon you to pass this request to the creditor. In the case of an absolute assignment, you are a creditor as defined by s.189. If you contend that you purchased the rights but not the duties of any agreement, you are reminded that s.189 of the Act is clear that an assignment is of both rights and duties.

 

Your attention is drawn to ss.5(2), 3(b),6 and 7 of the Consumer Protection from Unfair Trading Regulations 2008 (CPUTR).

 

I enclose a postal order in the sum of £1.00, which is the statutory fee. Note that these funds are not to be used for any other purpose.

 

If you are unable to comply fully and properly with this request, you should confirm this in writing at the earliest opportunity, and certainly within the statutory time limit for compliance, and return the fee.

 

 

I understand that they need to reply within 12+2 days - the letter was sent on 12th December. All I have received back from this company in the specified time, is another letter asking for the debt and it also states that if I call them, they can come to some kind of agreement as a partial settlement - not sure if this is a standard letter as they have sent me 2 letters already asking for the money, and this is the next stage of there process - or they have received this letter I have sent them above and replied back to that - not sure.

However, the letter was sent 12th December - its now the 2nd January and the 12 days has now past which I am sure the debt is unenforceable as they have failed to reply back to me with the CCA.

Can anyone advise me what to do next? I am not sure what to say in the next letter.

Thanks all - hope you had a great new year!!

[BuffNess]

Not sure why the FONT tags have come up on that post but I am sure you can still work out what I was saying LOL

[42man]

If they have failed to respond to your request then you could send them this...(recorded)

 

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 would appreciate your due diligence in this matter.

 

I look forward to hearing from you in writing.

 

Yours faithfully

[42man]

Were you ever sent a default note too ?

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/170345-tale-dodgy-dn.html

[BuffNess]

Thanks for the letter and the quick response - will send it recorded.

 

I was sent a default note whilst I had the vehicle. What basically happened was that the finance agreement was taken out for my partner at the time (now ex) and we fell out and therefore he stopped making the payments - Its a VERY long winded story, but Blackhorse broke data protection on one occasion and therefore that is why I am putting in a complaint to the FOS.

 

The default notice got sent early last year (2008) and the car got repossessed in June/July 2008. Default notices were sent and I still have of them. This was when I had the car. The car got repossessed and theres a backlog of £5800 to pay - and this is why its gone to a debt collectors. Thats the only default I received.

 

Can I ask why you asked whether or not a default was sent?

[42man]

Was the default valid ?

[BuffNess]

Sorry - I am a bit stupid

What u mean by valid?