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Further Help Needed ref. Catalogue Debt & Charges


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Hello Again

 

My original thread is shown below in brackets, which was kindly answered with a template letter that I sent to their head office yesterday (Apparently the place you write to if you aren't happy with the way the complaint is being handled), but now I need more help reference an menacing letter this company have sent me today to do with the same thing. The letter accuses me of "ignoring my responsibilities" and also says they are going to "update my credit file, which will prevent me getting a mortgage" despite the fact I have never missed a payment, I pay it every month around the 25th by debit card on-line, no actual payment date was ever agreed as far as I can remember. The letter is dated the 24th, so the day before I sent them the money.

 

I am supposed to have a repayment arrangement of £30 per month with them due to financial difficulties (The balance is now £300 due to a good lump of £12.00 charges). However they are making unreasonable demands upon me and it's really upsetting me because I just cannot send the money before my pay day, however regardless of this they are still getting a monthly payment from me, I have never missed a single one.

 

I discovered this vile company are charging the £12.00 every time they send me a letter as well, apart from statements of course, as well as when they think I haven't paid them on time. Although I finally got a reply from them by email (I sent the template letter to their head office who are separate), they are refusing to refund these charges or to accept that the earliest I can pay them each month is when I am paid, later in the month. Any help would be greatly appreciated :)

 

 

(ORIGINAL THREAD: Sorry if this doesn't belong in this section, I wasn't sure where to put it.

 

A certain catalogue company are charging me £12.00 "administration fee" per month, wrongly so as I am paying my agreed monthly repayment with them on time and have never missed a payment. They also send me letters of harassment claiming I have missed a payment or am not paying on time. They are incorrect as I pay them every month around 26th. Is there a letter I can send them to tell them to stop harassing me with made up nonsense by letter and to claim back the £12.00 charges? )

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Send them a CCA request to see if they are entitled to collect this debt & if it's enforcable. If they fail to provide it within 12+2 days or the CCA is unenforcable you can legally withold any payment until they do. Send it recorded delivery enclosing a £1 postal order. When you get a reply, scan it & remove any identifying details and post it back here where we can have a look at it. We'll advise you from there;

 

Dear Sir/Madam

 

Re:- Account No: XXXXXXXX/Your Reference Number: XXXXXXX

 

This letter is a formal request pursuant to s.77/78 of the Consumer Credit Act 1974. I require you to provide me with a true copy of the credit agreement relating to the above account, together with any other documentation the Act requires you to provide.

 

I expect you to comply fully and properly with this request, within the statutory time limit. You are reminded that should you fail to comply with my request, the provisions of s.77 will apply.

 

If it is your view that you are not the creditor, s.175 of the CCA 1974 applies in the case of a simple assignment, and places a duty upon you to pass this request to the creditor. In the case of an absolute assignment, you are a creditor as defined by s.189. If you contend that you purchased the rights but not the duties of any agreement, you are reminded that s.189 of the Act is clear that an assignment is of both rights and duties.

 

Your attention is drawn to ss.5(2), 3(b),6 and 7 of the Consumer Protection from Unfair Trading Regulations 2008 (CPUTR).

 

I enclose a postal order in the sum of £1.00, which is the statutory fee. Note that these funds are not to be used for any other purpose.

 

If you are unable to comply fully and properly with this request, you should confirm this in writing at the earliest opportunity, and certainly within the statutory time limit for compliance, and return the fee.

 

You should also note that I will only discuss this matter in writing and 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 or any of your associates.

 

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. (Optional addition)

 

I look forward to hearing from you.

 

Yours faithfully **Edit to suit**

Print name do not sign

Anthrax alert at debt collectors caused by box of doughnuts

 

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Thank you for your reply. Do I send that to their head office or the main address for the company? (They are behaving in a similar way to Capital One with all these £12 charges :( )

 

Is there a template letter that I could use to also send to their head office about this nasty letter I received today? I'm sure they will be fed up of getting letters from me but I'm really upset about it as I have in no way ignored my responsibilities :(

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