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Stortford-Ian

CSL / Charging Order - No CCJ

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Just spoken with 'Tony' from CSL who in a increasingly agreesive tone, suggested that CAP ONE would go for a charging order as the next step, even though there's no CCJ - Can they do that or is it BS?

 

Also, he said I had never disputed the account (not true) and the next step was a door step collector. Asked what would be the conversation with the door step collecter would be and he wouldn't say. Told him door step collector wouldn't be welcome and that I'd be writing to them, he told me not to bother.

 

I did a CCA request last October which they haven't compiled with, they will accept 70% of money owed, but I can't stetch to that, what should I do? I can scrap together 50%

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Hi SI

 

Firstly, to set your mind at rest, they cannot apply for a CO without first obtaining a CCJ. I am assuming that you haven't got one one on this debt?

 

Re. your credit agreement you should use this letter as a template, send it Rec. Del, do not sign (print or use dig. signature)

Dear Sirs

 

I refer to my letter dated xxx that was delivered via Recorded Delivery to your offices, received by you on xxxx, making a formal request for a true copy of the original credit agreement for the above account under the Consumer Credit Act 1974 (Sections 77-79).

 

You are reminded that you are obliged to supply these documents, whether you are the original creditor or not, as defined under Section 189 of the CCA 1974.

 

Under the terms of the above Act, a creditor has 12 working days to provide the requested documents. This deadline has now passed & I have not received the requested documents from you.

 

As I am sure you are aware, the absence of an agreement that does not contain all of the prescribed terms, and/or is not signed by the debtor, renders the account completely unenforceable in law & I therefore consider that this account is in dispute with immediate effect.

 

I draw your attention to the legal requirement 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 therefore the following applies:

 

  • You must not demand any payment on this account, nor am I obliged to offer any payment to you.
  • You must not add any further interest or charges to this account.
  • You must not pass this account to any third party.
  • You must not register any information in respect of this account with any of the credit reference agencies.
  • You must not issue a default notice on this account

I hereby give you notice that if you proceed with any of the above actions, I will file reports with the appropriate authorities, including, but not limited to, Trading Standards, Office of Fair Trading, Information Commissioners Office, Financial Ombudsman Service.

 

You can also add in a request that they do not call at your house without prior appointment & that to do so will be considered act of trespass (a criminal offence) & that all future contact must be made by letter only, any phone calls will be considered an act of harassment under the Protection from Harassment Act 1997.

 

 

Also have you ever had charges applied to this account & have you reclaimed them? If not you should also send a SAR request (cost £10.00 - send PO), work out your charges & start a claim immediately. The template is here:

http://www.consumerforums.com/resources/templates-library/48-bank-templates/110--data-protection-act-1998-subject-access-request-

 

Do not be over concerned by their threats - they are mostly just that - use the law to claim your rights & fight them :)


Any knowledge I possess or advice I proffer is based solely on my experiences in the University of Life. Please make your own assessment of legality, risks & costs before taking any action.

 

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