Help with Sechiari Clark & Mitchell

[Goldfishstinks]

I am hoping that somebody can help me. I registered February 08 when I received a threatbot letter from a creditor.

I duly followed all advice wrote letters to all creditors advising my accounts were in dispute and servedf Section 10 Data Protection Act on all creditors.

In May I received a letter from from Sechiari Clark & Mitchell (****) for short. Advising me that they have been instructed by their clients to act in relation of the debt.I replied to their managing partner for complaints Mr T Whetcombe at their Barnet address advising that the account was in dispute and advising that a section 10 notice has been served.

Today 2nd July I have received another letter dated 24th June stating that I am required to pay the full balance within 7 (seven) days to avoid County Court proceedings being issued. BLAH BLAH.

 

However it finishes with the following

 

"Entirely on a without prejudice basis, if you are unable to pay the full balance, our Client may be able to accept a partial payment in full and final settlement of £xxx.xx (59.98 % of the disputed debt) which will result in debt forgiveness of £xxx.xx (40.02 % of dispute). However this offer wil only remain open for 21 days after which time the offer will automatically lapse and will not be repeated. You should again contact us on xxxx xxx xxxx within 7 days from the date of this letter to discuss"

 

Can anybody offer any advice. The creditor has received an account is in dispute letter, a complaint has been logged with the Financial Ombudsman, and a section 10 Data Protection notice served in January the 12+2 were up on 3rd Feb 09. What do I do next if anything?

Edited July 3, 2009 by Goldfishstinks
Added more information

[clemma]

Just send them the bemused letter If you need a copy, let me know.

[empowered]

Just be prepared for a nasty fight with them:mad: They will issue court claim, issue a summary judgement before you get your defence in, refuse to comply with your CPR request, send you little white books for paying in and then fold at the last hurdle when they realise they don't have a chance and discontinue:p

[Goldfishstinks]

Clemma, Please can you let me have a copy of the bemused letter. Is it worth making a complaint to the Solicitors regulation Authority and the Information Commissioner with regards to the section 10 as **** ahve seen a copy of this?

[clemma]

Yup - here it is - just amend to suit:

 

ACCOUNT IN DISPUTE

 

Your Reference:

Client reference:

 

 

Dear Sir or Madam,

 

I must admit that I am rather bemused as to why this account has been passed to you, as it is in dispute with ***OC*** and has been since ***Date***

 

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 ***OC*** is now in default of my Consumer Credit Act request, Office of Fair Trading Collection Guidelines and 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 ***OC*** for resolution of these defaults and breaches, as ***DCA*** cannot lawfully pursue any enforcement activities.

 

If ***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.

 

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

 

I would appreciate your due diligence in this matter.

 

Yours faithfully

Print do not sign your name

[clemma]

Or, as they are purporting to be solicitors, you can always send this one (and yes, complain away to everyone )

 

Dear Sirs

 

A/C no

 

I DO NOT ACKNOWLEDGE ANY DEBT

 

I refer to your letter of XXXXX 200 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 2008 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, both the banking code and 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

[Goldfishstinks]

Clemma, Thanks for that. Sorry to sound so dense now but this is **** & Lloyds trying it on for Bank charges not a loan/card under the consumer credit agreement. Do I just amend the letter to remove the CCA reference. Also "OC" does that mean original creditor?

[Goldfishstinks]

empowered thanks for that, I get the feeling that I am in for a torrid time as I have had letters for each of my 2 personal accounts and my credit card. That makes me wonder if I should ask for a copy of the agreement to see if it is enforceable, as at the moment I am paying £20 per month

[clemma]

Yeah, just amend it to suit. OC is indeed Original Creditor.

[Goldfishstinks]

On another thought they are also hounding me for a joint account that they assigned to my wifes IVA and then asked for it back. Any thoughts there or should I start a different thread for this?

[clemma]

Probably best to start a new thread on this one. However, from experience, I can say that, unless the debt is solely in your wife's name, then they can still chase you as well - regardless. My ex-husband was in an IVA and a couple of joint debts went into that. Welcome Finance agreed to be part of it BUT still chased me as well. Apparently this was ok, as long as they did not ask for more than they were entitled to i.e. they worked out how much they would get from the IVA and hounded me for the remainder.