Letter from "S Beat" - solicitor for Simply Be etc, don't know how to respond - anyone?

[feelingthinner]

Hi there

 

Having requested a CCA from Simply Be, I was sent an unsigned CCA on which they had filled in my details. I sent them the "account in dispute" letter, and have since been receiving regular phone calls as well as the "your behaviour is unacceptable" letter - to which I did not reply.

 

I have now received this letter from "S Beat", their solicitor - links to photobucket below, but even after reading through other peoples threads, I don't really know what to say to them in reply, if anything.

 

Would anyone be kind enough to have a look and share their thoughts with me?

 

Thanks, I really appreciate the help.

 

http://i607.photobucket.com/albums/tt157/feelingthinner/simplybe001.jpg

 

http://i607.photobucket.com/albums/tt157/feelingthinner/simplybe002.jpg

[cerberusalert]

Send this to their solicitors;

 

Dear Sirs

 

I refer to your letter of XXXXX 2009 which was received today.

 

Frankly, I am surprised of the need to advise a firm of solicitors about the terms and conditions surrounding my Consumer Credit Agreement request (Consumer Credit Act, 1974); dated XXXX 2009 for which I have proof of receipt . I can only assume therefore that they failed to inform you of their non compliance. Your client had until (date - 12+2 working days from date of sending CCA request) to comply with a legal request.

 

Should your client persist with threats of legal action as stated in your letter, I will welcome the opportunity for a judge to look at several defaults committed by xxxx under The Consumer Credit Act, 1974, as well as your client’s non-compliance with and total disregard for OFT guidelines.

 

Also please note that I will ONLY communicate in writing, any calls made to me will be classed as harrassment and treated as such.

 

Yours faithfully

print name do not sign

[nicklea]

Hi feelingthinner,

 

There is obviously some history to this and so it's difficult to give any advice without knowing what has already happened in the past.

 

Having requested a CCA from Simply Be, I was sent an unsigned CCA on which they had filled in my details. I sent them the "account in dispute" letter, and have since been receiving regular phone calls as well as the "your behaviour is unacceptable" letter - to which I did not reply.

 

They do not have to send you anything with your signature on in reply to a request under s77/s78 CCA.

 

Can I ask why you sent this letter to them in the first place? Were you being chased for arrears by them?

 

It is definitely NOT adviseable to stop making payments because they have sent you an unsigned CCA.

 

I would refer you to the excellent advice of Tomterm:-

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/108949-short-warning-thread.html#post1055474

 

where he says the following:-

 

Mistake 2 - CCA confetti.

 

There is the general belief that sending consumer credit agreement requests everywhere will magically eradicate all debts.

 

Certainly, many members of the forum have experienced this. For many forum members the lack of a signed credit agreement has been a great boon.

 

But this doesn't mean we should advise people to send a CCA without even bothering to find out what the debt is for. The vast majority of debts in the UK are not covered by the consumer credit act.

 

And in reality for debts made after section 15 of the consumer credit act 2006, and to a lesser extent for debts after the electronic communications regulations came into force this is not true.

 

Even for consumer credit act regulated debts under the original act, not all debts are covered by the same prescribed format, AND NOT ALL CONSUMER CREDIT REGULATED DEBTS (for example, overdrafts, and non-commercial agreements) REQUIRE THE DEBTORS SIGNATURE.

 

So people, please remember to find out what the debt is for before you advise others to send a CCA and stop paying after 12 days.

 

Further, any debt made during or after 2004 is very likely to have a signed consumer credit agreement. Some people have found this out to their surprise after halting payments and getting a claim form in the post.

 

It also isn't true that just because a document is improperly executed, a judge will not enforce it. There is a very limited remit of what a judge can't enforce if he tries hard enough.

 

 

I have now received this letter from "S Beat", their solicitor - links to photobucket below, but even after reading through other peoples threads, I don't really know what to say to them in reply, if anything.

 

In their letter they say that you are claiming that you do not have to make any payments - is that actually what you said? It is difficult to give advice without knowing what has already happened.

 

It appears to me that you are trying to get a copy of the signed agreement that you have with this company. To do that you should send them a SAR specifically requesting to see that document.

 

Turning to the second page of their letter, it appears that you must have sent them a notice under s10 DPA. They appear to be saying that the process for you consenting to them processing your data is separate from the credit agreement. This may or may not be true. In order to find out exactly what the situation is I would suggest that you also specifically request evidence that you have given your sonsent to processing of your data when you make the SAR.

 

Also, where they refer to telephone harrasment, they are correct and there was a very recent court case where it was decided that even quite high levels of telephone calls did not constitue harrasment

 

Hope this helps

 

nicklea

[cerberusalert]

Simply Be is a sister company of J D Williams & Company Limited & experience shows that not only are their agreements regulated but also in the majority of cases prior to 2006 totally unenforceable. Add to that they are renown for supplying 'mock' unsigned agreements when a CCA is requested.