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ok i would send them the account in default letter and include in it that the cca was fraudlent due to what you have just told me here and therefore not a true copy of the original. i know the letter may well be the same or similar as the last one i posted on the thread but it doesnt matter. what matters is your letting them know that the cca is not a true copy and that it was fraudlent.

 

Account In Default

 

Dear Sir/Madam

 

Thank you for your letter of (date), 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 working days AFTER the CCA request was sent)

 

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. what you actually supplied me with was nothing short of a fraudlent attepmt to deceive me. (give details as to why i.e old address when you were at your current address when you applied for it. and the lifting of your siginiture from previous letters onto the fake cca)

 

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

 

use a computer font to sign your letter rather then siging by hand.

 

 

once you receive a response let us know. if you dont hear anything within 14 days then report them to the OFT and the ombudsman.

Please note that this advice is given informally, without liability and without prejudice. Always seek the advice of an insured qualified professional. All my legal and nonlegal knowledge comes from either here (CAG),my own personal research and experience and/or as the result of necessity as an Employer and Businessman.

 

By using my advice in any form, you agreed to waive all rights to hold myself or any persons representing myself of any liability.

 

If you PM me, make sure to include a link to your thread as I don't give out advice in private. All PMs that are sent in missuse (including but not limited to phinishing, spam) of the PM application and/or PMs that are threatening or abusive will be reported to the Site Team and if necessary to the police and/or relevant Authority.

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tyvvvm i will do this and get it sent tyvvm

i go away on sunday for 2 weeks so i will get back to you when i return

ofcoourse if i get anything thurs fri or sat i will let you know tyvvm for all your help advice everything ty

abg

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  • 2 weeks later...

any response from them yet?

Please note that this advice is given informally, without liability and without prejudice. Always seek the advice of an insured qualified professional. All my legal and nonlegal knowledge comes from either here (CAG),my own personal research and experience and/or as the result of necessity as an Employer and Businessman.

 

By using my advice in any form, you agreed to waive all rights to hold myself or any persons representing myself of any liability.

 

If you PM me, make sure to include a link to your thread as I don't give out advice in private. All PMs that are sent in missuse (including but not limited to phinishing, spam) of the PM application and/or PMs that are threatening or abusive will be reported to the Site Team and if necessary to the police and/or relevant Authority.

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  • 3 weeks later...

hi teaboy sorry for delay have been on hols 16th nove not long back from goa. well in the mail was a reply cabot are not giving in and still obideing with the same about the so called cca and demanding payment i will type it hear for you

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the first page is the normal and going on and on then on the 2nd page it reads

section 10(2) of the dpa states

subsection (1) does apply not apply

a. in a case where any of the conditions in paraagraphs 1 to 4 of schedule 2 is met or

b in such other cases as may be prescribed by the secatary of state by order

 

i refer to your attension to paragraphs 1 to 4 of schedule 2 of the DPA which states

conditions relevan for purposes of the first principle Processing of any personal data

1. The data suject has given his consent to the prossing

2. The processing is necessary

a for the proformance of a contract to which the data subject is a party or

b. for the taking of Carbot is legally entitled and obligated under the original credit agreement and under DPA to process information and also to report to the credit referance agency ("CRAs")

We disclose information to cra's about customers conduct of there accounts because disclosure is nessary for the purposes of legitimate interests pursued by us, other members of the creddit history and the CRA's to ensure responsible lending. CRA's hold such data and disclose it to prospective lenders because that is, simlarly necessary for the purpose of the same legitmate interests.

 

Futhermore under the orginal terms of the credit agreement which you signed with the creditor you consented to information being disclosed to third parties and the CRA's accordingly. the DPA's section 4 schedule 2 of the act in particular paragraph 6 of the schedule 2 permits disclosure of such information to and by CRA's without the customers consent

 

For your ease of reference the outstanding balance on the above account is £1,607.08 i would recommend you contact our collections dept within 14 days tele..............................to discuss the options available in order to setle this account.

I must inform you that if we do not hear from you within this time frame this account will be escalated within our collections produceres.

I trust i have set out our position clearly however if you remain disatisfied with final response you may bring this to the fos within 6 months of this letter etc etc

jordon cole customer assurance adviser

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hi abroadgirl

 

i hope you enjoed your holidays. I wouldnt worry about the latest letter its just a standard response stating they are allowed to process your data on the believe the original agreement was between you and the original creditor. But you are the sole owner of your own data so you can refuse them the right to process your data regardless.

 

So send the the following letters.

 

Regarding data protection letter:

 

To; The Data controller/compliance Manager.................. .................

 

 

Dear Sir/Madam,

 

 

Please be advised that this is a formal notice issued under Section 10 of the Data Protection Act 1980

I demand that you cease processing of my Data by any means whether written or electronically,with third party individuals and

organisations.In addition to processing,this also means passing,ammending,sharing ,and management in any form of my Data in whatsoever filing,both manually or electronically.

 

In compliance with the Information Commissioners guidance,I give you 14 days to comply with this request.

 

The purpose of this request is that I am of the understanding that your continual processing/controlling of my data will cause distress harm and damage.

Specifically because;

 

(i) My credit worthiness is being or has been damaged by your actions as a result of your entries to my credit files,which relate to A disputed and unproven debt (cca provided being incomplete and unenforceble, along with beng pysically tampered with i.e. Address being changed), and therefore you are acting in breach of OFT Guidlines.You can also add other stuff here as is applicable and any or all of the following that apply (since you need to show reasons as to why continual processing will or is likely to cause distress harm or damage)

 

(ii)That recorded defaults on my credit files by yourselves are in dispute.

 

(iii)That I fully expect to show that adverse data was wrongly filed which would mean that earlier processing was unfair and unjust.

 

(iiii)That matters in relation to adverse data you have entered onto my credit files are currently in litigation.

 

(iiii) That the adverse data you continue to process,manage and pass on to third parties impedes my ability to apply for credit,mortgages or other financial services.

 

(iiiii)That as a data controller/compliance officer,you have a responsibility under the Data protection act to observe all principles set out therein, within the act.

 

 

I expect an acknowledgement of your intentions to comply,and if you do not agree,your reasons for being unable or unwilling to do so.

I will give you 14 days to forward this to me in writing.

 

 

Under the Data Protection Act,a County Court has the powers to order compliance of any breaches it sees fit,together with compensation,at the discretion of the court.

 

Should you fail to comply,or give just and reasonable reasons as to why you will not comply,I will consider making an application to my local Court on notice to force compliance,together with costs and compensation.

 

Yours Faithfully

 

P.S. you yourselves still remain in default of the account following your failure to provide a valid CCA upon my request. As such, then in accordance to section 78 subsection 6 you can not enforce the debt. therefore under OFT guidlines you will cease all attempts to pursue me for payments on the disputed debt.

 

 

-------------------------------------------------------------------------

 

 

Now the second letter:

 

this is ment to be sent to the OFT, but i would send a copy to the DCA aswell and state on a sperate attached piece of paper that the letter is a copy of your letter of complaint against them that you have now sent to the OFFICE OF FAIR TRADING in response to their ignorance of your requests so far, and that you will also be writing to the information commissioners office if they again fail to respect your request that they stop processing your data. which they should not be doing anyway given the fact their is no evidence to suggest or confirm you as the debtor but plenty to suggest that they have fraudleuntly altered records (i.e.adrress) in order to make it look as though you are the debtor when you have no knowlegde of such a debt.

 

That way, the *****rs will know your serious and that they should expect to hear from the OFT regarding how they have behaved towards your.

 

Please have a look at this explanation of the CPUT regs. The Consumer Protection from Unfair Trading Regulations 2008 - draft

 

 

If you think that your DCA is acting contrary to any part of these regs then complain immediately. [Which they clearly are]

 

Post in the debt forum to let us know what you are doing. [use this thread, as no need to start a new one]

 

There is no cost and no risk to this course of action.

 

This has not been tried before but CPUT is very new. [since this letter was created its been tried and will no doubt make the DCA **** there pants]

 

This action should be taken in addition to any other action you are considering taking. [consider speacking to the CAB about getting legal advice on what legal action you should take if any in the event the DCA continue to pursue you]

 

This is the address to send complaints to the OFT:

 

Enquiries Unit

Office of Fair Trading

Fleetbank House

2-6 Salisbury Square

London, EC4Y 8JX.

 

You will have to look up your ocal Trading Standards address:

Do not neglect any court action merely because you have made a complaint to the OFT or TS. On the other hand, once you have received an acknowledgment and a complaint reference number, you can refer to it in court so that the judge knows what is going on.

 

 

 

 

Quote:

Your address

 

 

Date

 

 

 

 

Dear Sir/Madam

 

 

Formal complaint against [Name of Debt Collection Agency here]

 

 

 

 

I am writing to complain under the above CPUT regulations. I am receiving letters and telephone calls from [DCA] in respect a purported debt which I understand is governed by the Consumer Credit Act 1974.

 

In accordance with the Consumer Credit Act I asked [the DCA] to supply me with a true copy of the Consumer Credit agreement. [They have failed to do so/ supplied me with a document which clearly fails to satsify the Consumer Credit Act.] I enclose a copy of that document with this letter.[personally id send them copies of all letters received and copies of all letters you have sent them including the one above]

 

Although I have pointed this out to [DCA] they have failed to acknowledge this and continue to contact me and to harrass me with threats of action. And have also refused to stop processing my data in accordance to the data protection act upon your request.

 

Clearly they are entitled to bring a legal action if they so wish. However, they have not done so and appear instead to be relying upon a campaign of systematic contact with accompanied by threats.

 

I consider that [DCA] are operating an unfair commercial practice and it is for this reason that I am sending you this complaint.

 

I enclose examples of the letters which they have been sending to me. I also enclose a log and verbatim notes of phone calls I have received.

 

I would be grateful if you would acknowledge this letter and let me know what procedures you now intend to follow and what your targets for action are.

 

 

 

Yours faithfully

 

 

 

 

 

sign the letter

Delete or include the appropriate words for the words in red in this template

Please note that this advice is given informally, without liability and without prejudice. Always seek the advice of an insured qualified professional. All my legal and nonlegal knowledge comes from either here (CAG),my own personal research and experience and/or as the result of necessity as an Employer and Businessman.

 

By using my advice in any form, you agreed to waive all rights to hold myself or any persons representing myself of any liability.

 

If you PM me, make sure to include a link to your thread as I don't give out advice in private. All PMs that are sent in missuse (including but not limited to phinishing, spam) of the PM application and/or PMs that are threatening or abusive will be reported to the Site Team and if necessary to the police and/or relevant Authority.

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they are not giving up are they

 

 

trust me they will. its a shame i dont know you personally i would beable to help you alot more and probably have got the DCA to close the account altogether by now. unfortunately i can not give such indepth help here on the forum as it is indepth and requires writing letters from scratch to match your own circumstances only, and therefore people maywell use such letters for their own circumstances which may make their situation worse, since such letters will not have be written for general use and therefore should not be used by them for their own circumstances. it could be done by PM as i would need to know slightly more personal details and have full access to all documents they have sent you, but PM's are frown upon here for good reason. that reason being that DCA are active on these forums too and have used PMs to give wrongful advice or obtain personal data to work out who you are etc.

 

So for now send the 2 letters above and see what the response is.

Please note that this advice is given informally, without liability and without prejudice. Always seek the advice of an insured qualified professional. All my legal and nonlegal knowledge comes from either here (CAG),my own personal research and experience and/or as the result of necessity as an Employer and Businessman.

 

By using my advice in any form, you agreed to waive all rights to hold myself or any persons representing myself of any liability.

 

If you PM me, make sure to include a link to your thread as I don't give out advice in private. All PMs that are sent in missuse (including but not limited to phinishing, spam) of the PM application and/or PMs that are threatening or abusive will be reported to the Site Team and if necessary to the police and/or relevant Authority.

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hi teaboy bless i will pm you

i will type the page one of the letter as the one i posted was page 2

 

it is alot for me to take in everything you have said so i will re read it all again and come back to you.

 

page one of 2

 

OUR FINAL RESPONSE TO YOUR COMPLAINT

 

I refer to your letter recieved 11th nov etc......

I regret you have felt the cause to complain etc the normal in answer to ones letter

 

I understand that you believe cabot have failed to comply with your request under cca 11974 (cca) However upon reviewing our records it is clear that we have provided you with the required information and have responded to your previous concerns.

 

We made several Urgent requests to VANQUIS to forward any documentation relating to your account with us unfortunatly cabot did not recieve this documentation within the statuory time limits due to a delay in retreving this information from there archives notwithstanding this was enclosed with our letter dated 9th june 2009 subsequently we are now entitled to enforce this agreement

Pleased be advised that failure to to provide a copy of your agreement in time does not affect the legality of your debt with cabor financial group but merely renders the credit agreement unenforceable until such time the agreement can be produced to clarify enforcement onlu means obtaining judgement at court.

i note yourefer to section 61 of the cca which deals with the signing of the document and states a regulated agreement is not properly executed unles

a a document in the prescribed form itself containing all he prescribed terms and conforming to the regulations (consumer credit agreement regulations1983) under section 60(1) is signed in the prescribe manner both by the debtor....

(b) the document embodies all the terms of the agreement other than the implied terms....."

 

section 189(4) of the cca states

 

A document embodies a provision if the provison is set out either in the document itself or i in another document referred to in it

 

in this instance on the credit agreement it is clear that the terms and conditions are referred to in the declaration box

 

with regards to your subject notice under section 10 of the data protection act 1998 (dpa") section 10(1) of the DPA states

subject to subsection (2) an individual is entitled at any time by notice in writing to the data controller to require dara controller at the end of such period as is reasonable in the circumstances to cease or not to begin with proccedings or processing for a specified purpose or in a specified manner any personal data in respect of which he is the data subject on the ground for specified reason

a the proessing of those data or there procesing gor that purpose or in that manner is causing or is likely to cause substantial damage or substantial distress to him or another and b that damage or distress is or would be unwarranted page 2 already in the post here

 

******************************************

 

to be honest i dont fully understand all this crap and i only told them that they stopped paying pp as it was hubby who cam e sick etc they paid it for a year then all of a sudden they phoned and said they cannot pay pp as it was in hubbys name and not me most of this amount is charges fees letter fees etc and the address is my old one didnt even get the damn card at my old addy as it was here they phoned me up to ask if i would still accept a card with the credit of £200 all this i donet know they even ignored me with my letters and hardship info damn them its doing me head in

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THINK I WILL WRITE TO CABOT AND ASK THEM IF THEY WOULD PAY THIS off FOR ME AS AN EARLY CHRISTMAS PRESENT FROM THEM TO ME:D

NOW THAT WOULD BE JUST NICE :rolleyes:

so if the trolls read this one :( why dont you go for it instead of being noisey at what it being written about you all :rolleyes:

go and give us all a break and treat:D

pay it off clear the debt:D

and wish us all

a happy christmas:(

mmmmmmmmmmm rolleyes we all wish dont we

so dont bother saying happy new year then huh as you wont change will you 8)

 

just thought id have a rant :D

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lol dont let them work you up so much their letters are just standard response letters. in the 1st page of the latest letter that you received, they even stated the agreement is unenforcable until they have provided all of the perscribed terms etc. So they've confirmed the debt is unenforceable so are now just trying to pressure into making payments.

 

Since you said all this is all charges and Payment Protection then did you include the payment protection with the agreement or was it optional where you had to tick a box for. If it was where you ticked a box in order not to take payment protection then they mis sold it to you and must pay you back all the payments made for it and all charges that have now accured. So what does it say on the agreement about the payment protection?

 

Again with the CCA as ive said above they know it cant be enforced, there statment about it saying on the cca that terms are referred to in the declearation box and therefore they have met the provisional apsect of your CCA request, basically. However until they provide the fully disclosed cca with all precribed terms they can not in force it and as such should cease pursuing you.

Please note that this advice is given informally, without liability and without prejudice. Always seek the advice of an insured qualified professional. All my legal and nonlegal knowledge comes from either here (CAG),my own personal research and experience and/or as the result of necessity as an Employer and Businessman.

 

By using my advice in any form, you agreed to waive all rights to hold myself or any persons representing myself of any liability.

 

If you PM me, make sure to include a link to your thread as I don't give out advice in private. All PMs that are sent in missuse (including but not limited to phinishing, spam) of the PM application and/or PMs that are threatening or abusive will be reported to the Site Team and if necessary to the police and/or relevant Authority.

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  • 4 weeks later...

heres the update

 

got a letter from cabot this morning

there normal sub standard letter

there normal

important notice-please do not ignore

if you do not take action

contact cabot immediately

 

linda thomas

 

what a waste of paper postage etc

i have replied to them everytime

i think now she needs a really nasty letter to wake them up and to take notice that i have responded i have replied i have sent all letters

are they thick or stupid

words i cannot put in here gggggggggggrrrrrrrrrrrr

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Hi Abroadgirl

 

Ive emailed you in response but will also put on thread here what was i advised for the benefit of the thread and any one veiwing or subscripbed to the thread.

 

Regarding Cabot, I would just ignore their letters now. You have already sent them the account in dispute letter for their failure to provide you with a valid credit agreement, so their latest letter is just an attempt of psychological mind games. They know full well that they don't have an enforceable credit agreement otherwise they'd would have send you an enforceable one by now.

 

You could though write a letter reminding them of you account in dispute letter and that under sections 77/78 subsections 4/6 respectfully of the consumer credit act 1974, state that they are not entitled to enforce the debt be it by court action or by pursuing you for payment whist still in default of your CCA request, therefore their latest letter is unlawful and they as such are acting unlawfully and in breach of the above stated Act, not to mention being in breach of OFT guidelines on debt collection. Inform them if they continue to send such letters that are a clear attempt of trying to enforce the debt you will report them to the OFT, trading standards and the FOS without further hesitation. Also inform them you reserve the right to commence legal proceedings against them without further notice.

 

But its up to weather you write back to them or not, personally since your wait for vanquis to respond to your last letter direct to them about the charges etc, I would wait for a response from them first.

Please note that this advice is given informally, without liability and without prejudice. Always seek the advice of an insured qualified professional. All my legal and nonlegal knowledge comes from either here (CAG),my own personal research and experience and/or as the result of necessity as an Employer and Businessman.

 

By using my advice in any form, you agreed to waive all rights to hold myself or any persons representing myself of any liability.

 

If you PM me, make sure to include a link to your thread as I don't give out advice in private. All PMs that are sent in missuse (including but not limited to phinishing, spam) of the PM application and/or PMs that are threatening or abusive will be reported to the Site Team and if necessary to the police and/or relevant Authority.

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  • 3 weeks later...
  • 3 weeks later...

well yet anotherone

repaying your account-our offer to you

 

will they be told

can anyone please draft me a nasty letter to crapbot

they are not listning

they are taking no notice

i am fed up to the teeth now

tysm

abg

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