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Fashion World - Failed CCA request? , next step


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Hi , i have CCA requested Fashion World and all i recieved back was a photocopied "True copy" with my name & address written in fresh ink , photocopied Fashion world signature on it & no signature from nyself.

 

They also state in the letter they sent with it that " This account has not been assigned.There is no legal requirement to provide me with a copy of the deed of assignment, and this would not carry my signature , as debts are freely assignable without this".

What !!!!????

They now have Reliable collections (DCA inhouse) chasing me.

 

I have attached a letter i was going to send to them , could someone check to see if it is OK & valid still ,

 

Also , do i send it to Fashion World / Reliable Collections or both??

 

Many thanks

 

Nicurro

Letter To Send After 12.doc

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Hi , i have CCA requested Fashion World and all i recieved back was a photocopied "True copy" with my name & address written in fresh ink , photocopied Fashion world signature on it & no signature from nyself.

 

They also state in the letter they sent with it that " This account has not been assigned.There is no legal requirement to provide me with a copy of the deed of assignment, and this would not carry my signature , as debts are freely assignable without this".

What !!!!????

They now have Reliable collections (DCA inhouse) chasing me.

 

I have attached a letter i was going to send to them , could someone check to see if it is OK & valid still ,

 

Also , do i send it to Fashion World / Reliable Collections or both??

 

Many thanks

 

Nicurro

Letter To Send After 12.doc

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Could you post up a copy of the CCA they sent you (minus personal details) so someone can have a look at it for you and tell you if it is Enforceable. Thanks.

:cool::cool: Blondmusic :cool::cool:
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They don't have a CCA agreement so what they've sent is what it would have looked like in the vain hope that you'll roll over and pay them.

 

I'd be tempted to send them Scots letter below & see what their response is;

 

Re: my request under the Consumer Credit Act 1974

 

Thank you for your recent letter sent to me, the contents of which are noted. I appreciate your quick response to my original letter. However, the reply received by me does not fulfil your requirements under the Consumer Credit Act 1974.

 

The Act demands that I be supplied with a true copy of any properly executed credit agreement that exists in relation to the above account. I may ask for this on demand providing that a fee of £1.00 is paid. This fee was sent with my original letter.

 

My request remains outstanding. The items you sent in your reply, does not constitute a true copy of any credit agreement that may or may not have been signed by me on the opening of this account. It neither confirms that I am liable for any alleged debt to you, nor gives me any chance to evaluate whether any original agreement was ‘properly executed’.

 

I still require you to send me a true copy of the original credit agreement that you allege exists. As you will know, under the Consumer Credit Act 1974, a judge is not permitted to make any enforcement order unless the creditor can provide a true signed copy of the original credit agreement. This means that unless you can produce such an agreement, this alleged debt is not enforceable in law.

 

You had until XX/XX/2008 to provide me with the true copy I requested. You are now in default of my request. Any account I hold with you is now in legal dispute. Whilst the account remains in dispute, you are not permitted to ask for any payment, nor am I obliged to offer any payment to you. Furthermore, whilst the dispute remains, you are not entitled to charge any interest on the account, nor make any further charges to the account. Additionally, you are not entitled to register any information on this account with any credit reference agency.

 

To register information with a credit reference agency, you must have written consent from the customer to collate and share such information. This consent is given in the form of a signed credit agreement, so until you produce such an agreement, you may not do this.

 

The requirement for consent to share data is a clear requirement of the Data Protection Act 1998. any such attempts to share my data without my consent will be met with a complaint to the Information Commissioners Office

 

To sum up, I will not be making any further payments to you until you provide me with the document I have requested. Whilst you remain in default of my request, you are not permitted to take any action against this account. This includes adding further charges and passing any information to the credit reference agencies.

 

Should you not have any signed credit agreement in relation to this alleged debt, please confirm this in writing to me.

 

 

I look forward to your reply.

 

Yours faithfully

 

 

**amend to suit your circumstances.**

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Your letter contains some flaws:

 

1) If it has been passed to reliable you want a Notice of assignment(not deed).

 

2) The 'commits an offence' no longer applies.

 

3) You are asking for 'all' payments made back. There is no chance you will get this as you are not entitled to them, you are only entitled to penalty charges, ppi etc.

 

Personally I would send the standard reply when they don't have a signed copy of the agreement.

 

Account In Dispute

 

Ref:

 

Dear Sir/Madam

 

On xx/xx/2009 I made a formal lawful 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 xx/xx/2009.

 

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 would appreciate your due diligence in this matter.

 

I look forward to hearing from you in writing.

 

Yours faithfully

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They are allowed to omit certain details like signatures, but in all honesty if they actually had a signed enforceable agreement they would send a copy. Just send the letter in post #3 ;)

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  • 1 month later...

OK , since i sent the account in dispute letter over 4 weeks ago i today have recieved a letter saying that they are going to pass this onto Scotcall / one of the other DCA's.

Surely they should not be doing this?

 

What is the next step as they are also still adding charges to the account?

 

Please help

 

thanks

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The charges they are adding are a waste of time as they dont have a cca and so they can never collect the charges.

 

If they do pass to snotcall (and when you receive a letter from them) just reply with the standard 'bemused' letter or if they threaten a doorstep visit then send the 'doorstep' letter.

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Hi , since i sent a letter to put the account in dispute & the use of data etc to them i have recieved a letter saying that they are now passing the account to Scotcall DCA,

They also say that they believe that it is a true copy of the original agreement that they sent me & will be looking to take the matter to Court.

Please adevise of what to do next.

 

Thnks

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Absolute rubbish 9 out of 10 people never sign those or return them.

 

I'd send the letter as in post 3. Don't use your usual signature and send it RD.

 

Start a file and keep all papers in date order and keep copies of all your correspondance to them. Attach the envelopes they come in to the letter and write the date received on it. Paper trails are good if you need them later on.

 

Scotcall another load of plonkers. Look to take to court yeh yeh.

If they did don't worry you'll get loads of help but I imagine that will be a way off, lots more threats before that.

 

Phone calls ignore them, if you speak to them tell them everything must be in writing. If they do phone just make a note of the date and time there is the harrassment letter that can be sent.

 

DG:)

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I have no legal training my knowledge comes from my personal life experiences

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  • 3 weeks later...

In a nutshell they have admitted in the last paragraph of their letter that they do not have a signed credit agreement. They are determined that they will still process your data and update the default on your credit file, so it depends how determined you are to prevent them from doing so. Have a read of; Knocked back by a DCA on a Sec 10 notice? - The Consumer Forums

Anthrax alert at debt collectors caused by box of doughnuts

 

Make sure you do not post anything which identifies you. Although we can remove certain things from the site unless it's done in a timely manner everything you post will appear in Google cache & we do not have any control over that.

 

Vir prudens non contra ventum mingit

 

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Does this letter apply as it is or are there any parts to change ..

 

Thinkl i will send it to see what they do , I dont believe that they have put a default on my file but i keep recieving letters from DCA.

Should i report this to information commisioner / any other bodies as i feel like i am now being harrassed,

 

Thanks

 

Nicurro

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Send it and see what their response is. The OFT & the ICO tend to side with creditors when it comes to registering duff information on credit files. :(

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Make sure you do not post anything which identifies you. Although we can remove certain things from the site unless it's done in a timely manner everything you post will appear in Google cache & we do not have any control over that.

 

Vir prudens non contra ventum mingit

 

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