Intended court action HELP

[barrelly]

Hi guys,

I received this this morning. this wasnt the one I sent a CCA to. It isn't Viking either as I thought it is Blair Oliver and Scott

 

NOTICE OF INTENDED COURT ACTION.

 

BOS v ME

due by 16/02/2009

Formal notice is hereby given that our client has instructed us to commence court proceedings against you without delay.

Papres are now being prepared for commencement of action through your local court to seek judgement agaist you.

If you are a homeower and do not pay the amount the court orders you to pay, we may then reapply to the court for a charging order on your property. (I am private rent) This will give us repayment of the outstanding dept from the proceedings whenever the property is sold.

 

HELP!!!!!!!!!! WHAT DO I DO NOW AND WHAT LETTER DO I SEND THEM

 

By the way this dept was a bank loan taken out appox 2005/6

[cerberusalert]

ACCOUNT IN DISPUTE

 

Your Reference:

Client reference:

 

 

Dear Sir or Madam,

 

I must admit that I am rather bemused as to why this account has been passed to you, as it is in dispute with ***DCA*** and has been since ***Date***

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

 

 

As ***DCA*** is now in default of my Consumer Credit Act request, Office of Fair Trading Collection Guidelines and 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 ***DCA*** for resolution of these defaults and breaches, as ***DCA*** cannot lawfully pursue any enforcement activities.

 

If ***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.

 

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

 

I would appreciate your due diligence in this matter.

 

Yours faithfully

[barrelly]

thanx for the reply cerberusalert, will be sending them a CCA on monday.

i have posted up this letter twice by mistake.

have copied your letter, incase i need it at a later stage.

 

thanx again

[davey77]

Barrelly, don't worry about it. We all get one of those

 

They send them out by the thousand a month.

 

http://i157.photobucket.com/albums/t42/davey77_2007/5copy.jpg

[barrelly]

Thanks for that Davy, we all seem to get the same crap sent to us eh!

How things change eh, a wouldn't have been saying that the letters were crap 2 weeks ago, I was pulling my hair out with worry.

Dare I say that I still haven't heard anything after sending them a CCA letter, which they received on the 18th Feb. Still early though.

 

Cheers

[lickthewallfatboy]

yep

 

the usual threatomatic crap

[barrelly]

Hi guys,

 

Not posted in a wee while, but will make this as short as poss.

CCA`d this debt back in Feb, it has since been past to another 2 differant DCA`s, which I sent both a BEMUSED LETTER from site.

This morning I received this;

 

RE xxxx Bal xxxxxx

 

Bla bla bla, We have been advised from xxxxxxx, a copy of the aggreement is unavailable, xxxxxx have written to you already to advise this (NO THEY HAVEN`T) however, we have re-ordered this for you.

We cannot return this account to xxx as thier time has expired and we are now dealing with it.

 

I trust the above responce has now resolved your disput.

 

We have placed the account on hold till xxx June, and request you make immediate contact to discuss a repayment proposal.

 

 

Thats it, what do you all think. Have I won this 1 (sort off) ior am I jumping the gun abit to quickly. NO aggreement, no payment right!

[mr.ton]

Do these clowns actually read what they put on their threatograms before they send them?

How can they put the account on hold & then be asking for you to make payment?

[MONX]

I am far from an expert, but I would say that no CCA then the debt is un-enforceable.

 

If the agreement (and it must be the orginal not a copy) is unavailable then they have no evidence of what you agreed to, if you agreed or the terms and conditions of any agreement.

 

Just my twopenneth worth!

[barrelly]

Going with what is on here MONX I agree with you. No agreement no debt.

 

Do you think that I should just ignore this letter (am getting good at that) or send them I KNOW NOTHING ABOUT THIS DEBT

[MONX]

I would send another letter to them saying that they can put your account on hold all they want but, until they provide the original agreement with all the terms and conditions the debt is unenforceable and that you will not be entering into any further correspondence with them until or if they can produce this.

 

I would keep all correspondance just in case! Having no evidence of a debt, proof you owe it or the correct paperwork hasnt stopped DCA's from trying enforce these things through the court.

[barrelly]

Hi guys,

This is the story in short.

Origanily I CCA`d IQOR, they sent back my £1.00 PO, saying they where NO longer dealing with this account.

 

Weeks later I got a letter from Wescot, demanding the same money as IQOR was wanting, I then sent them the £1.00 PO for the CCA, the account was then put on hold as they could NOT find 1.

 

Months pasted, I then receive a letter from Moorcroft, yes wanting the same money s the other 2 DCA`s.

I wrote to them stating that it was STILL in dispute with Wescot, so return this account to them. That I do NOT accept this debt.

In return I have received a letter, stating that they could not return it to Wescot as there time had expired and they were dealing with this account. The £1.00 PO that was sent to Wescot for the CCA has now been credited to this account as payment.

I wrote a second letter stating that it was ONLY for the CCA that can not be found, so return it forewith.

All my letters are recorded so I know that they have received them, but they seem to be ignoring the contents of what I put in them.

Again I received a letter stating that they acknowledge receipt of my £1.00 payment, and to contact ASAP for a repayment of the ballance.

 

Can anybody come up with a letter that they would understand.

 

Any help please!!!

[lickthewallfatboy]

yes

 

"F.O. into the night"

[2Grumpy]

The £1.00 PO that was sent to Wescot for the CCA has now been credited to this account as payment.

I wrote a second letter stating that it was ONLY for the CCA that can not be found, so return it forewith.

Tht ais why the current CCA request letter in the temolpates library contains the sentences

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.

 

I presume that you are thinking of the time before it becomes SB.

 

You could try telling them that

The £1.00 was the statutory fee for your CCA request and may not be taken as a payment. As they could not provide the CCA, the statutory fee must be returned. Failure to do so will be reported to the FOS & OFT.

 

You know the facts. They probably won't chase for 5 years now (thinking that there has been a payment) and when they do, just remind them that the £1 was the statutory fee and you didn't make a payment into the account

[barrelly]

Thanks for the coments 2Grumpy

 

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.

this was clearly marked on my CCA request.

Have written to them quoting this and to return my £1. They are ignoring this request. Could it be because this was sent to Wescot

 

I presume that you are thinking of the time before it becomes SB.

What do you mean before it becomes SB?

[barrelly]

Could someone give me anymore advise on the above please.

 

many thanks

[lickthewallfatboy]

SB = statute barred