Donners vs Welcome finance

[donners21]

I live in Scotland, do I just remove dthe English bit and write scottish?

 

I must sound really thick!"!!!

 

The above letter with £1 citizen b!!

 

So they only have 12days then..... so if they do not provide it by then what do I do?

 

Should I send another letter to say I cca'd them not subject accessed:???:?

 

Thanks

[donners21]

OOps sorry, this letter I sent just removed the english bit and wrote scottish.

 

Dear Sir/Madam

 

Re:- Account No: XXXXXXXX/Your Reference Number: XXXXXXX

 

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 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.

 

Furthermore, with regards 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.

 

You are reminded of the following under The Administration of Justice Act 1970.

 

Section 40 of the act provides that a person commits an offence if, with the object of coercing another person to pay money claimed from the other as a debt due under contract, he or she:

 

(a) harasses the other with demands for payment which by their frequency, or the manner or occasion of their making, or any accompanying threat or publicity are calculated to subject him or his family or household to alarm, distress or humiliation;

(b) falsely represents, in relation to the money claimed, that criminal proceedings lie for failure to pay it;

© falsely represent themselves to be authorized in some official capacity to claim or enforce payment;

(d) utters a document falsely represented by him to have some official character or purporting to have some official character which he knows it has not.

 

I am of the view that your 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 OFCOM, Trading Standards and The Office of Fair Trading, meaning that you will be liable to a substantial fine.

 

Further to this if it is your intention to arrange a call from your 'Doorstep Collectors', I note that there is only an implied license under English Common Law for certain people to visit me on my property without express permission; the postman and people asking for directions etc (Armstrong v. Sheppard and Short Ltd [1959] 2 Q.B. per Lord Evershed M.R.).

 

Take note, I revoke license under English Common Law for you, or any of your representatives to visit me at my property and if you do so without my permission, you will then be liable to damages for a tort of trespass. You would also be conspiring in a trespass if you sent someone to visit me nevertheless. Any trespassers you attempt to send therefore will be dealt with accordingly.Be further advised that any further telephone calls from your company will be recorded.

 

(Optional addition)

 

 

Yours faithfully **Edit to suit**

 

(Print do not sign signature)

[donners21]

and yes it was a postal order i sent with it!

[citizenB]

Yep, that is the CCA request which was correct for you to send.

 

So I reckon they have lost the plot entirely.

 

Did you send it Recorded Delivery ?. If so then check on the Royal Mail website track and trace line. Using the number on the receipt the post office gave you, you will see when they actually did receive it. Count 12 working days from then. If you havent received any thing after that date, then you can send them a non compliance letter and include the S10 notice (notice to stop processing your data) at that time.

 

If what they say is true and they didnt receive it until the 16th then you need to give them until 8th May.

[IdaInFife]

CB already covered that they are complete numpties, they need to get new monkeys in the office.

 

you have done everything right,

 

if they call again refuse go thru any checks and just say in wiritng only them laugh like a hyena and hang up !

 

ida x

[donners21]

OK was delivered on 10th!

 

So am I right in saying if I don't have it by Monday to send a non compliance letter on the tuesday?

 

Thanks

[donners21]

LOL Ida!!

 

Sounds good.

 

So they think they have 40days? Lol

[IdaInFife]

yip, just incase you need it:

 

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,

 

same rules apply

 

ida x

 

p.s ta CB and i gave my hubby a slap just for you !

[citizenB]

OK was delivered on 10th!

 

So am I right in saying if I don't have it by Monday to send a non compliance letter on the tuesday?

 

Thanks

 

tsk, tsk..naughty, naughty.. Yep, Monday, 27th is correct.

[donners21]

Ida

 

What do you mean same rules apply (I must sound really thick)

 

Does that mean they have 12days?

 

Thanks guys you are an absolutley amazing help I am sitting giggling and praying that they don't send me my agreement by Monday!!

 

Thanks xxxxxxxxxxxxx

[citizenB]

Ida

 

What do you mean same rules apply (I must sound really thick)

 

Does that mean they have 12days?

 

Thanks guys you are an absolutley amazing help I am sitting giggling and praying that they don't send me my agreement by Monday!!

 

Thanks xxxxxxxxxxxxx

 

Print your name, If you do sign, then either put a line through it or make it so different that you would know it again should it turn up on another document In fact, if you chose that method, take a photocopy so you can prove it if needs be.

[donners21]

I am all ready to go, copied your letter, and have typed my name on it, I will be sending it on Tuesday morning if my agreement has not come, what id it is received on Tuesday, Do I still send the letter as they are outwith time limit?

 

Thanks

[citizenB]

If you receive anything from them before you have posted your letter then report here first so we can advise you further.

[donners21]

Thank You!!!

 

You Know You And Ida And Everyone On Here Are Quickly Becoming My Best Friends Lol Xxxxxxx:d

[citizenB]

[donners21]

I Need Help!!!!

 

Welcome Finance Have Just Been At My Door!!!!!!!!

 

What Do I Do Now?

[citizenB]

You didnt let them in did you ?

 

I think you sent them a letter (post 7) I think.

 

They cant force their way in, they are not bailiffs/sherrif, so I shouldnt worry too much. If they have indicated they will be back, print off the letter from post 7 (doorstep visits) and just hand it to them and tell them to go away.

 

I am sure someone else will be along to reassure you.

[donners21]

yes my letter said the bit about doorstep visits!

 

No I didn't let them in stuart answered and said I wasn't in.

 

I know they will be back!

 

They signed for the letter warning them off, why are they coming to my door?

[donners21]

Should I phone them and tell them to beat it?

 

I am terrified, I don't know what to do!

 

What if they go to my mum and dads?

 

HEEEELLLP!

[citizenB]

Donner, I understand you are worried. But dont phone them. If they turn up at your parents then they should advise the caller unless they remove themselves, they will call the police.

 

This person cant do anything. You really have no need to be frightened.

[donners21]

i dnt understand.

 

I thought they werent allowed to continue to chase my account when i have cca'd them until I received my paperwork?

[donners21]

now i am completely confused!!

 

I have just read they have 12 days to find agreement then it is an offense but have 1 callendar month after that to provide it and that means its still 100% enforceable?

 

I am sooo sorry for being a pain I just really want these cowboys off my back

 

Thanks Guys

[blueda]

donners21 they have 12+2 working days to produce a valid CCA copy, after this time the account is in default and you can stop paying them. If they do come back ( probably not ) then dont even answer the door to them, if they hang about ( unlikely ) then call the police. If they go to your parents ( again unlikely ) contact the office of fair trading ( OFT ) as they would be guilty of harrasment.

[blueda]

The caller was probably round to talk nicely about how he was trying to help you by his words and talk you into paying a reduced amount.

[donners21]

OK Blueda thank you very much!!

 

So just to keep me right....(must sound like a complete dong:()... I sent my letter on the 9th they received it on the 10th so they have until 27th to respond, so if not in the post on Tuesday 28th they are in default, letter to be sent on 28th (once post been) to advise they are in default and is unenforceable?

 

Thanks in advance