fm 79 v kays

[funky monkey 79]

I sent a CCA request to Kays catalogue on 16/4/09 and have today received their response.

 

Dear fm79

we refer to a recent request for a copy of your agreement.

Unfortunately we are unable to locate a copy of an executed agreement, but for your information we enclose a copy of the current agreement which applied to this type of account. This version includes all contractual variations which have taken place.

 

According to our records, the account was opened on */*/1998. You agreed to make payments every 28 days.

The outstanding balance is currently £2**.**. our records show that £3**.** in payments have been made within the last 12 months.

In accordance with the terms of the catalogue statements are issued every 28 days.

If a third party is acting for you, please pass a copy of this letter to your representative.

Yours sincerely

*******

 

Well as far as I am concerned thats it GAME OVER for Kays:D but of course we are not talking simple end of story with these people are we. As I have also received today a letter from their in house dca, Nationwide debt recovery ltd - PRE-ESCALATION NOTICE

Dear fm79

I have attempted to contact you on numerous occasions (when?)

regarding the overdue payment on your account.

As this payment is now seriously overdue, it is essential that you make a payment to prevent any further action being taken on your account (I don't think so).

You can pay by credit/debit card etc.........

As a result we have applied a £12 administration fee on your account due to the substantial amount of effort I have made in trying to contact you.

(ok I will charge you £12 for every letter I have to write to you because I am making a substantial effort to get you off my back)

Yours sincerely

Debt recovery manager

 

 

So should my next step be to send the account in dispute letter along with you can not processes my details under data protection act??

And could I get away with charging them £12 for every letter I have to write to them in the future to tell them No CCA=No Pay.????

[elliesnan]

hi there there is a letter that starts with " frankly l am bemused" that you can send to the DCA have a look round the Debt collection part. Kays will soon give in when they realise it's game over for them. good luck

[elliesnan]

found it for you. amend to suit

ir or Madam,

Account number: XXXX XXXX XXXX XXXX

ACCOUNT IN DISPUTE

I must admit that I am rather bemused as to why this account has been passed to yourselves, as it is in dispute with the **original/DCA** and has been since DATE 2008. 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 **original/DCA** are now in default of my Consumer Credit Act request, OFT Collection Guidelines, Subject Access request and have also breached 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 the **original/DCA** for resolution of these defaults and breaches, as **New DCA** cannot lawfully pursue any enforcement activities.

If **New 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.

After taking advice, I am of the opinion that any continued pursuit is in violation of the Administration of Justice Act 1970 section 40 as well as breaching a number of the OFT Collection Guidelines

Also be advised that I will only communicate with you in writing.

Furthermore, should it be your intention to arrange a “doorstep call”, please be advised that under OFT rules, you can only visit me at my home if you make an appointment and I have no wish to make an appointment with you.

There is only an implied license under English Common Law for people to be able 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.). Therefore take note that I revoke license under Common Law for you, or your representatives to visit me at my property and if you do so, then you will be liable to damages for a tort of trespass and action will be taken, including but not limited to, police attendance.

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

I would appreciate your due diligence in this matter.

I look forward to hearing from you in writing.

Yours faithfully

[funky monkey 79]

Thanks for that elliesnan.

I will draft an account in dispute letter later today and send to them I have also recieved the exact same letter from additions aswell so will send them the same. 3 down only 1 to go (LTSB).

 

I see from the time on your post that you were up late, since finding CAG I have had many late nights reading threads and trying to find info for my battles, I only wish I had found CAG earlier!!!!

 

Thanks again to all that help, you are all worth your weight in gold (not that I have any)

fm79

[funky monkey 79]

here is the letter that I have drafted to send to both Kays & Additions as I have had exactly the same response from both.

 

If someone could check that this is OK I would be grateful.

thanks

fm79

 

ACCOUNT IN DISPUTE

Dear Sir/Madam

Account Ref: ******

Thank you for your letter dated **/**/2009, the contents of which have been noted.

As you are unable to produce the agreement for the above account you are now in default of my request therefore the account has become unenforceable at law, and the account is in dispute,

as you have failed to comply with my lawful request for a true, signed copy of the said agreement and any other relevant documentation mentioned in it. You will also be aware of the CPUTR 2008 and the OFT's guidelines on debt collection which state under the title Deceptive and/or unfair methods – Examples of unfair practice are as follows – 2.8

(i)Failing to investigate and/or provide details as appropriate, when a debt is queried or disputed, possibly resulting in debtors being wrongly pursued.

(k)Not ceasing collection activity whilst investigating a reasonable queried or disputed debt.

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. 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 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.

 

You state in your letter that you are unable to locate a copy of the executed agreement which relates to the account, this in itself is a clear breach of various financial regulations. You would also be aware of the fact that you would need to be able to produce a copy of the original agreement should you need to take legal action to enforce the agreement. You also need to produce a true copy of the agreement upon request pursuant to section 78(1) Consumer Credit Act 1974.

 

According to sections 221 and 222 of the Companies Act 1985, a public company is required to maintain records for a period of six years (section 222(5)(b).

As an agreement is active until the agreement is terminated, I would suggest that all the payment records (and other documentation making up the file – including agreements/applications etc.) would be "live" until the account is paid or terminated – thus the file should be retained for at least six years after that.

This interpretation fits in with Inland Revenue legislation that requires prime documents to be retained for a period of six years – After the end of the relevant accounting period. The relevant legislation is found in Schedule 18 of the Finance Act 1998 (paragraph 21), of particular significance is sub-paragraph (6) which states:

"The duty to preserve records under this paragraph includes a duty to preserve all supporting documents relating to the items mentioned in sub-paragraph (5)(a) and (b)."

Finally, key documents/application forms etc. must be kept until 5 years after that business relationship has ended. This is a requirement of The Money Laundering Regulations 1993, 2003 and 2007.

Please note that 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 that 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.

 

I reserve the right to report your actions to any such regulatory authorities as I see fit.

You have 14 days from the date of this letter to contact me in writing with your intentions to resolve this matter which is now a formal complaint.

I would appreciate your due diligence in this matter.

I look forward to hearing from you in writing.

Yours faithfully

 

********

[sarajulldin]

sounds good to me, really look forward to the reply you get for this one !

[funky monkey 79]

hi sarajulldin

yeah I can't wait either:lol:

I actually look forward to the postman coming now ,anyway will keep you posted

fm79

[sarajulldin]

ive sent 5 requests all signe today so im looking forward to it in the next few weeks what happens

 

off topic but why does my signature appear sometimes and sometimes doesnt weird

[funky monkey 79]

sorry can't help you out on that one I am not technically minded at all, I have to keep getting the kids to show me how to do it.

 

Good luck in your quest, I am still waiting for LTSB to sign for their cca request which was sent 1st class recorded on the 20/4/09:(

keep us posted on how you do, I may not be able to give you any advice but can give you moral support all the way;)

 

fm79

[sarajulldin]

no worries much appreciated, its nice to know people are out there who want to help or support

[funky monkey 79]

Hi All, quick update.

I have received a letter from shop direct financial services this morning they have put both the kays & additions accounts together in the one letter, quite disappointed as to the response really it was just the generic thank you for your letter we are now looking into your complaint, after we have investigated it we will write to you & let you know the outcome.

 

So I guess I will just have to wait & see what they come up with next:)

[IdaInFife]

unfortunatley most of it is a waiting game to see what they try next.

 

sara, your sig will only appear on the first time you post on threads. so if you post twice on 1 thread it will only show the first time

 

ida x

[sarajulldin]

unfortunatley most of it is a waiting game to see what they try next.

 

sara, your sig will only appear on the first time you post on threads. so if you post twice on 1 thread it will only show the first time

 

ida x

 

oright no worries, its Saraj lol not Sara