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PJ and the 5 CCs


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Sis-in-law is in he clutches of 5 DCAs. I have put in a charges+interest claim on each of the CCs and, so far, 2 have caved. We WILL win on all of them, and when she gets a hit on a CC that is greater than she owes (probably by month end) she has been primed to remember her benefactors (CAG).

However 2 of the DCAs are insisting that though the accounts might well be 'in dispute' they can continue without reference to the OCs!

I have seen references to "the account in dispute" letter but have, as yet, been unable to locate a copy of one for her to use.

I note there are 785 pages in this forum (and indeed I got 40 pages of hits on inputting 'dispute' to a search).

Since I am old and wrinkly can somebody PLEASE point me in the right direction for the start letter of the 'hands off' sequence preferably before I pops me clogs?

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Here is the Forum template.

 

A letter when the account has been passed to another debt collection agency/or from a bank/financial organisation/credit provider TO a debt collection agency whilst the account is in dispute due to non compliance with an CCA agreement request.

 

ACCOUNT IN DISPUTE

 

Date:

 

Dear Sir or Madam,

 

Account number: XXXX XXXX XXXX XXXX

 

I am in receipt of your letter dated XXXXX

 

This account is in dispute with **original creditor/DCA** and has been since DATE .

Not only is this a breach of the Consumer Protection From Unfair Trading Regulations 2008 in line with the Office Of Fair Trading's debt collection guidelines, but also in breach of the Consumer Credit Act 1974 and Data Protection Act 1998

 

My previous dispute from **DATE** has NOT been answered.

 

As **original creditor/name of debt collection agency** are now in default of my Consumer Credit Act agreementrequest and have also breached *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 the **original creditor/DCA** for resolution of these defaults and breaches, as **New DCA** cannot lawfully pursue any enforcement activities.

 

If **New 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.

 

After taking advice, I am of the opinion that any continued pursuit is in violation of the Consumer Protection From Unfair Trading Regulations 2008 in line with the Office Of Fair Tradings Collection Guidelines

 

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

 

I would appreciate your due diligence in this matter.

I look forward to hearing from you in writing.

 

Yours faithfully

  • Haha 1
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  • 2 weeks later...
  • 1 month later...

3 CCs now dead - cases won against Cap1, B Card & Mint - 2 have wiped her debt; the third she was in surplus and a share is acoming to CAG from a grateful beneficiary. Lloyds CC and SkyCC to go - no surplus here but action will reduce her debt on both by 30%.

Edited by kennyh
mis-spell of cc
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  • 3 months later...

We issued the usual letter to the DCAs representing the CCs but one say's "We're not a DCA just working for the bank(?)" and the other (Sky) is still writing threatening letters. Written to the latter and told them, again, to back off and will write to the former in the same vein.

Also found that SkyCard has been clocking up the payments during the period of suspension. THey're not allowed to do that are they??

Edited by kennyh
missed the last para
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