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Hi all, hope some 1 can help.

Have 4 debtors running after me.

1 Viking, not heard from in weeks.

1 Wescot, Final notice pay full amount by 14th Feb or MAY lodge Summons

1 Moorcroft Pre Court division, 1st letter today stating pay all, prior to court action being warranted.

Iqor now been past to Incasso. First letter this morning Final Demand.

All 4 were with Blaire Oliver and Scott and at this time I did offer then 50% of the total debts, which where all refused. ( money that was WILLED to me, now spent)

After reading on here was going to send all 4 debtors CCA's is this the right thing to do or what.

 

Any help would be gratefully appreciated.

 

Cheers

Edited by barrelly
mistake made
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Hi there,

 

Welcome to CAG.

 

Sending off for CCA's is the right thing to do.

 

Get it done now.

 

Here's the letter, amend to suit, do NOT sign, enclose £1 postal order and send Recorded Delivery.

 

 

Your Road,

Your Town,

Your County,

Your Postcode

Date, 2009

The Loan Company

Their Road,

Their Town ,

Their County,

Their Postcode.

 

I DO NOT ACKNOWLEDGE ANY DEBT TO YOUR COMPANY OR ANY COMPANY YOU CLAIM TO REPRESENT

 

Re: Account no: ***************

 

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.

 

If you do not understand this letter, you should seek professional advice.

 

 

Yours faithfully,

 

Your Name

 

 

 

When or if you get a reply, start a new thread for each DCA so you get the correct advice for each CCA or whatever they send/don't send .

 

Good Luck

 

Help us to keep on helping.

Please consider making a donation, however small, if you have benefited from advice on the forums.

This site is run solely on donations.

 

You can make a donation

HERE. Thank you.

 

Any advice & opinions given by supasnooper are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability.

Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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Send CCA's to them all if it is a credit debt, i.e. credit card or loan. Anything else send the prove it letter. Do not speak to them on the phone just refuse to answer any security questions and tell them writing only.

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Hi, it depends on what the debts are for, whether a cca request is any good.

 

you will notice that the letters are, and you have typed it yourself, that they are all we may take tyou to court and we could do this or that,

 

they sound like standard threat-o-grams at the moment

PGH7447

 

 

Getting There Slowly

---------

 

Advice is given freely but is in no way meant to be taken as Gospel:-)

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Supasnooper,

thanks for that will, get this letter sent to all 4 debtors ASAP.

 

Sleepingdog,

if the debtors send the postal orders back to me, how do I cash them, or do I lose the £4.

 

Twofoot,

I already don't answer the phone, have caller display, if I don't know the number, I never answer the phone anyway. Thanks

 

PGH7447,

The debts are 2 credit cards, 1 loan and the other a store card. Is the letter above correct to send to all 4 debtors.

 

Thanks folks for your replies so far. I have been living on edge for months now, wondering where the next letter is coming from

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CCA letter to all 4 creditors ( You are the debtor by the way - subtle difference; but I like your thinking :D ).

 

 

You're now in control.

 

When or if you get a reply, start a new thread for each DCA so you get the correct advice for each CCA or whatever they send/don't send .

 

Good Luck

 

There is a telephone harrassment letter on the forum somewhere if it does get too much, I'll try to find it later.

 

Help us to keep on helping.

Please consider making a donation, however small, if you have benefited from advice on the forums.

This site is run solely on donations.

 

You can make a donation

HERE. Thank you.

 

Any advice & opinions given by supasnooper are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability.

Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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Telephone harrassment letter for info if required -

 

 

 

Your Street

Town

City

Postcode

DATE HERE

Company Name

Road

Town

City / County

Postcode

Re: Harassment by telephone

 

ACCOUNT NUMBER: XXXXXXX

Dear Sir/Madam,

I am writing in relation to the quantity and frequency of telephone calls that I have received from your company, which I deem to be personally harassing.

 

I have verbally requested that these stop, but I am still receiving calls. (Delete if necessary)

 

I now require all further correspondence from your company to be made in writing only.

 

I am of the view that your continued harassment of me by telephone puts you in breach of Section 40 of the Administration of Justice Act 1970, and the Protection from Harassment Act 1997.

 

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, FOS, OFCOM, Trading Standards and The Office of Fair Trading, meaning that you will be liable to a substantial fine.

 

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

Yours faithfully,

 

[NAME HERE]

 

 

 

Or if you are feeling brave, tell them to Foxtrot Oscar when they call.

 

Keep us updated.

 

Help us to keep on helping.

Please consider making a donation, however small, if you have benefited from advice on the forums.

This site is run solely on donations.

 

You can make a donation

HERE. Thank you.

 

Any advice & opinions given by supasnooper are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability.

Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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Thanx again for the info Sleepingdog, I sent 3 cca's 2day. Will let you know how I get on when they reply. Have not heard from Viking for some weeks, so thought I would leave that 1 at the moment. Watch this will get letter from them 2morrow.

 

Cheers

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Hi guys, thought a would let you know that I have had word from 1 of my other DCA's.

This 1 I find strange, but hopefully you can shed some light on this.

I sent INCASSO LLP

29, Park Place,

Leeds

LS1 2SP a CCA, on the 10/02/2009, which was received and signed for on the 11/02/2009, which is fine.

 

Yesterday I received in the post a letter from IQOR

33/34 Winckley Square,

Preston

PR1 3EL

stating that, on checking there records, the account has been closed and returned to there CLIENTS and the £1 postal order was also enclosed.

What I do find stange is though, I sent the CCA TO INCASSO LLP, which is in LEEDS and not IQOR, which is in PRESTON, so how did IQOR manage to get there hands on my postal order and CCA letter to INCASSO LLP. I will be keeping a hold of ALL receipts though, for my record.

 

HOWEVER

This morning I received in the post a letter from WESTCOT, with the what seems to be the usual, pay all by 5th MARCH OR ELSE.

This is now the 2nd debt been sent to WESCOT.

So the question is what do I do now, what letter should I send, and do I start again with them send them a CCA letter.

 

I feel such an idoit, all help would be gratefull once again.

 

Cheers

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Hi Lunar Jim,

as I have said above, I did send INCASSO LLD a CCA, I have triple checked :D that it was INCASSO that I sent the CCA to, yet it was IQOR that sent the CCA letter and postal order back to me.

ARE THEY 2 ONE OF THE SAME? :confused:

The debt is for the same thing yes, and now it is with WESCOT.

you said that I have to send them a bemused letter, could you post me the link please.

 

I am really bemused in how IQOR got ahold of a letter that I sent INCASSO

 

THANKS AGAIN

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Link to your other thread as requested Moorcrofts answer 2 CCA

 

I would CCA wescot.

OFT debt collection guidance

 

Please remember the only stupid question is the one you dont ask so dont worry about asking the stupid questions.

 

Essex girl in pc world looking 4 curtains 4 her pc,the assistant says u dont need curtains 4 a computer!!Essex girl says,''HELLOOO!! i,ve got WINDOWS!!'.

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Hi Lunar Jim,

as I have said above, I did send INCASSO LLD a CCA, I have triple checked :D that it was INCASSO that I sent the CCA to, yet it was IQOR that sent the CCA letter and postal order back to me.

ARE THEY 2 ONE OF THE SAME? :confused:

The debt is for the same thing yes, and now it is with WESCOT.

you said that I have to send them a bemused letter, could you post me the link please.

 

I am really bemused in how IQOR got ahold of a letter that I sent INCASSO

 

THANKS AGAIN

 

Ah no worries, I hadn't read the whole thread, it's quite long ;)

 

I haven't got the 'bemused' letter handy, I'll have a bit of a look through some of the other threads here and post it up.

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Here you go, edit as required:

 

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

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  • 3 weeks later...

Got this yesterday in the post. http://i441.photobucket.com/albums/qq133/buddyh42/CCAfromBQ.jpg

Could someone have a look at it and give me some advise on what I have to do next.

It is def my signature.

Will I have to come to an agreement with them now to pay? :evil:

 

 

Thanx again

 

posting again with photobucket. Well trying to.

Edited by barrelly
its no work
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