Win some Lose some at the mo!

[BarmyRockChick]

First off thanks for all the help I've already had! I've sent off CCA requests to a few credit card companies they've gone over the 12+2 time limit and been sent the default notice.

Skycard played hard to start with, they sent a VERY obviously made up attempt at a CCA after being sent the letter telling them it wasn't good enough and a harrassment letter we've had a response from the complaints department confirming our phone number is removed from their system. No further response from them regarding the CCA though.

Barclays tried to steal money from our joint account, got the money back and have a complaint with them. No CCA, no response to letters about it and they just sent my other half a new credit card which is odd!

Halifax, nothing at all, no recognition of CCA at all they have now passed me on to APEX collection agency! Can someone please direct me to the "bemused" template asking them why they've passed on this account while it's in dispute? Planning to get on with the letters today before I go to work.

 

Cheers again for the help

Jo

[BarmyRockChick]

BUMP x

[42man]

Send them this (amend to suit)

 

ACCOUNT IN DISPUTE

Dear Sir or Madam,

Account number: XXXX XXXX XXXX XXXX

 

I must admit that I am rather bemused as to why this account has been passed to yourselves, as it is in dispute with the **original creditor/DCA** and has been since DATE 2007.

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

 

My last letter from **original creditor/DCA** was DATE and intimated that my complaint would be

resolved on **DATE**, this obviously hasn’t happened.

As **original creditor/DCA** are now in default of my Consumer Credit Act request, OFT Collection Guidelines, *Subject Access request and have also breached *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 the **original creditor/DCA** for resolution of these defaults and breaches, as **New DCA** cannot lawfully pursue any enforcement activities.

 

If **New 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.

 

After taking advice, I am of the opinion that any continued pursuit is in violation of the Administration of Justice Act 1970 section 40 as well as breaching a number of the OFT Collection Guidelines

 

I hope that this will not be necessary and an acceptable solution can be accomplished.

 

I would appreciate your due diligence in this matter.

I look forward to hearing from you in writing.

 

Yours faithfully