Black Horse - Drive me insane!!!

[IdaInFife]

i think you have done everything right, maybe alos include with the letter of dipsute a copy of the letter you sent re the charges:

 

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,

 

 

ida x

[IdaInFife]

If you want to pay the final payment as such then yes.

 

 

Dear Black Beauty,

 

My agreement with you was to repay £5000.06 at a rate of £138.xx for xx months.

 

I have paid £138.xx for xx months and £5 for 1 month. This totals to £xxxx.xx and therefore leaves me with a final payment of £137.xx.

 

Please find enclosed a cheque for £137.xx for final settlement of this account and if the enclosed cheque number xxxxxx is accepted and cashed, this accepted on the clear understanding that my liability for this account is fully discharged and that all credit reference agencies are updated to state this account is settled in full.

 

Now fook off

Andie

 

something along those lines

 

ida x

[IdaInFife]

I'm not too sure as when banks etc send letters to settle charges they have the same clause in their letters and should work both ways.

 

Try sending a letter along lines of.

 

Thank you for you letter dated xx/xx/xx requesting payment of £308.

 

Please find enclosed a copy of my letter of full and final settlement of the account in which the terms you accepted on cashment of the cheque.

 

The payment was only to be accepted by yourselves on the understanding of the enclosed letter and if you did not wish to agree to these terms then please return cheque forwith.

 

As you have accepted the payment, please can you now confirm in writing within 14 days the account is now closed with no balance due and that all adverse information with the credit reference agencies have been removed.

 

I await your response,

 

Ida x

[IdaInFife]

well done

 

ida x