Im in a mess advise please

[IdaInFife]

or you can send them:

 

Dear Sirs,

RE Account NO XXXXXXXX

Thank you for your letter dated xx/xx/2008 the contents of which are noted

In your letter you make reference to requiring my signed authorisation before you comply. I draw your attention to the fact that the Consumer Credit Act 1974 does not require that i supply you a copy of my signature before you comply with my S78 request.

If it is for Data Protection purposes then i can happily supply you with documentation to substantiate my identity to you.

However please note that to date you have happily sent statements and correspondence containing extensive sensitive private information to my address. I have to ask if you are concerned that you are corresponding with the correct person why has it taken so long to raise this?

As you are aware, disclosing data without adequate checks of identity is contrary to the 7th principal of data protection, listed in schedule 1 of the Data protection Act 1998:

7. Appropriate technical and organisational measures shall be taken against unauthorised or unlawful processing of personal data and against accidental loss or destruction of, or damage to, personal data.

My request for a true copy of my credit agreement under section 77/78 was made on xx/xx/2007 and the 12 working days for your compliance expire on xx/xx/2007. I note that there is no provision that removes the requirements of the act to provide this information on time, even if you are unsure of my identity.

i look forward to receiving the documentation requested

Regards

 

 

ida x

[whatamess]

Hi Ida

 

Thats exacatly what I was looking for, great letter I will send it off today as im not happy about signing anything, isnt this why we dont sign the CCA letters we send to them? Seems a bit dodgy to me.

Thanks again will let you know what they reply, im sure they wont take that lying down.

 

[whatamess]

Hi there

 

An update from me, the phone calls have stopped have not had any for 2 days now, I sent off the letter that ada posted so thanks for that, I posted it on 8/6, this morning i got a letter from them saying that if i dont contact them or pay my arrers then they are slapping me with a defult and will cost me £50 for the pleasure.

What shall i do? they know they cant produce a CCA and i have told them they cannot put anything on my credit file until they produce one... feel like i winning a losing battle with this one. I know alot of these are threats but i really dont want a defult on my file if i can help it especially as they are the ones in the wrong with not having a CCA for me.

 

Thanks

[IdaInFife]

unfortunately this is how they work,

 

there are several ways to go about it,

 

you can send the account in dispute letter:

 

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 therefore request a copy of your official complaints procedure which you are obliged to supply.

I would appreciate your due diligence in this matter.

I look forward to hearing from you in writing.

Yours faithfully,

 

 

 

another option is if you really want to find out if there is an agreement:

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/173201-why-you-shouldnt-use.html

 

and the cagger who has use the above link:

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/165349-smt37-morgan-stanley-goldfish.html

 

if they do place a default this may help:

 

http://www.consumeractiongroup.co.uk/forum/general-debt-issues/111211-defaults-background-removal-methods.html

 

it depends on what feels right for you.

 

Ida x

[whatamess]

Hi

 

The plot thickens, I got a letter today from them to say that they have reviewed my complaint and after reviewing it they still hold me responsable for the debt and even though they do not have my origanal CCA they have sent me the latest version and they have also sent me statements and this as far as they are concerned is enough. They said i obviously reconise the debt as i have been writting to them and replying to the letters they have sent and i have been paying them every month for god knows how many years.

 

They have said i will no longer get any phone calls but they expenct me to pay up, and this is the last i will hear from them basically they are washing there hands with me and they will no longer reply to any of my letters and if i dont pay up i will still incure charges and interest and they will still add information to my credit file.

 

The debt is such a small amount but out of princaple i dont want to give up. What do i do now, if i send them another letter will they just ignor it and keep adding charges to my account? Would they even dare add a defult to my credit file or take me to court would they have a leg to stand on.... im feeling a bit stressed out about this one i though out of all of them being the smallest debt it would be the easiest but its the worst one.

Thanks

[silverfox1961]

Hi,

They won't take you to court without a valid CCA but they will trash your credit file and with the "blessing" of the Information Commissioners.

 

As far as I see, the only way to stop them is to sue them.

They need your signature to process data but the ICO say that because you have been paying for X amount of time, then you must have given permission at some time.

A judge would look at it and without a CCA i think he (or she) would find in your favour

[IdaInFife]

depends on what you want to do.

 

are you worried about your CF? if you are then you may want to go the CPR route above and follow it through.

 

the last letter i would keep safe as they admit they do not have a cca and on this basis if they do demand payment then a complaint to the OFT and TS wonlt go amiss.

 

ida x

[whatamess]

Whats a CPR?

[IdaInFife]

have a read of this, if you see post #7

 

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/173201-why-you-shouldnt-use.html

 

ida x

[whatamess]

Ok yes i did read through this and to be honest i dont feel like i can cope with going down that route, looks like i may have to give in as all they will end up doing is trashing my CF which i can handle but whats the point if they are going to keep charging me my debt will end up doubling.

 

Thanks for all your help with this one ida.

 

x

[whatamess]

Hi

Please read....

Can someone help please? I have an ongoing dispute with one of my creditors, they do not have a valide CCA for me but after months of letter writting to letting them know i wont be paying any more money to then until they can produce one, they keep charging me each month and my husband just got back from the school run and noticed they have hand posted a letter through the door to say they have knocked to discuss my account... can they do this? I have not even had a letter to say they were calling round. Is there not a law to stop this? what if they come again can i tell them where to go and can i write to them to tell them they are breaking the law by knocking on my front door, its lucky my husband was out as he is going mad.

 

Thanks

[sam614]

http://www.consumerforums.com/resources/templates-library/86-debt-collectors/591-dca-home-visit-if-you-receive-or-are-threatened-with-a-doorstep-visit-

 

SAM:pLOWELL DETESTER

[whatamess]

Thanks for this Sam but the link just takes me to the home page of CAG i cant find the doorstep link

[sam614]

The Consumer Forums - Debt collectors

 

try this.

SAM:pLOWELL DETESTER

[PGH7447]

Hi

Please read....

Can someone help please? I have an ongoing dispute with one of my creditors, they do not have a valide CCA for me but after months of letter writting to letting them know i wont be paying any more money to then until they can produce one, they keep charging me each month and my husband just got back from the school run and noticed they have hand posted a letter through the door to say they have knocked to discuss my account... can they do this? I have not even had a letter to say they were calling round. Is there not a law to stop this? what if they come again can i tell them where to go and can i write to them to tell them they are breaking the law by knocking on my front door, its lucky my husband was out as he is going mad.

 

Thanks

 

Whos the DCA, and no they cant turn up, if they do tell them to get lost, have you send the account in dispute letter yet?

[whatamess]

HI PGH7447

 

This account has not even got to the DCA yet, its HFC/Benificial who have turned up. I have sent every letter possible to tell them account is in dispute, and it went to the complaints dept they sent a letter back to say the are not going forward with my complaint as, as far as they can see i have a relationship with the bank because I have been paying the load for so many years.

I will say out of all my creditors this is the smallest debt and they have been the worst to deal with

Thanks

[PGH7447]

In that case report them to the OFT and CC the letter to these idiots, also send the letter pointed out earlier to stop them calling/visiting

 

and if you are still paying them cancel the payment, then maybe they will understand that the account is in dispute:mad:

[whatamess]

Hi Sam sorry but im being really stupid, when i click on the second link it does take me to the letter templates but when i sign in it takes me right back to the begining, would you be able to post the link for the letter

[sam614]

http://www.consumerforums.com/resources/templates-library/86-debt-collectors/591-dca-home-visit-if-you-receive-or-are-threatened-with-a-doorstep-visit-

 

this one?

SAM

[whatamess]

Wonderful thanks Sam lets hope this stops them from visiting again

[sam614]

your welcome:)

as PGH said report them

 

SAM:pLOWELL DETESTER

[whatamess]

Thanks guy's looks like i will have to. Will the OFT acually respond and do something? And do you think HFC will take notice that i have reported them?

[PGH7447]

they would be stupid in the extreme to disregard a report to the oft

[wheelergeezer]

Have you got a camcorder? Get the news paper daily and keep it by your front door along with the charged camcorder. Next time they turn up open the door with the camcorder in hand and film the newspaper front cover and then film them, which they will not like.

 

The newspaper is to confirm it had to be that date or later, in case they say it was before they got warned off - you couldn't have todays newspaper 2 weeks ago!

 

Don't speak with them other than to tell them they are univited and thus are trespassing and you want them to leave immediately or you will call the police. If they don't leave, call the police.

[whatamess]

Hi WG, I dont have a camcorder but it will be the person who looks after my children that will get them at the door next time, and what is really annoying is they posted this letter through without sealing it.

 

If i send them a letter on monday telling them under no circumstances should they come to my door or i will report them for tresspassing, will they take notice of it? do they even care? how many times will they come knocking before they back off. At the end of the day they do not have an enforcable agreement for me, so im not paying another penny.. if they take me to court will they laugh them out fo court or will the court go with them because they can see that over the years i have been paying..

 

I have read up on the HFC forum and they seem to be the worst at ignoring letters etc... Once i have stopped them coming to my door i will complain to the OFT.

 

Thanks