Me & My Debts & Various CCA REquest

[monkquito]

The letter which is titled Notice of Pending Legal Action merely states they are preparing papers for Court. Their letter was sent on the same day that my letter was received by them.

[foolishgirl]

I suspect this is just a threatogram.

If you have sent for your agreement in the manner I metnioned in post 4, they should hold action. If they don't, it gives you a stronger case for your defence.

Don't worry about it.

[monkquito]

Thanks for your advuce FG:)

[monkquito]

Hello,

 

I've sent an Account in Dispute letter to a Debt Collector after they failed to respond to my request for a CCA.

 

Now they have sent a letter saying they are calling round for payment.

 

Any advice what action I should take?

 

Many thanks in advance,

 

M

[dun wi debtin]

Hi Monkquito,

 

It's probably just an idle threat. And if it isn't an idle threat any caller at your door will have no authority to do anything except leave their calling card with you.

 

I met one of these doorknockers at my door one day as I returned home. He was leaving a 'called while you were out' card which advised me to 'call this number without delay' or else ... don't if you want to get and maintain control of your financial affairs. I explained to the poor person whose job it was to shame me (I presume) that I only deal with my financial affairs by letter, not over the telephone and not on the doorstep, and that the DCA/bank which was paying for this door-knocking service was ignoring my letters.

 

My CAG story: Having sent out my CCA requests I sat back and waited, and waited, and waited ...

 

Plenty of letters arrived (and still arrive) threatening one thing and another, a few returned my £1 saying " we know we cannot enforce the debt but please pay us anyway" (these letters were a surprise!), some supplied reconstructed agreements, and some even sent legible and illegible copies of signed application forms from decades back (these were also a surprise). But not one single copy of an agreement landed on the doormat.

 

So, slowly but surely I placed all nineteen accounts in dispute and some eventually in serious dispute for all the difference it made to the (mostly) rubbish I received through the post from the DCAs and banks.

 

It does, I am sure, make a difference if one acts reasonably. The process of reorganising my finances by locating the original agreements can be a protracted affair and end up in front of a judge. If this turns out to be the case, all your reasonableness will be taken into account.

 

If you are reasonable you will not end up in front of a judge because you will arrange to pay any creditor that produces an enforceable agreement.

 

I have been so reasonable with my disputed accounts that I now feel justified in making formal complaints to the OFT about one DCA and more complains about other DCAs will follow in due course.

 

I am also using the knowledge gained here to rebuff claims made against me through the court. To date, CCA requests and later Subject Access Requests produced no documentation i.e. no copy of an enforceable agreement, to support the county court claims.

 

That's my story so far.

 

So my advice to you is to keep on doing what you are doing and then don't worry, be happy.

 

Dun

[42man]

Send this recorded delivery to the solicitors

 

Dear Sirs,

 

I write in response to your letter dated XXXXX

 

Your letter is incorrect and frivolous, you are fully aware of legally valid reasons why no payment has been made on this account, namely that the agreement which underpins this account has not been supplied despite a perfectly valid request and furthermore, it is suggested that notwithstanding the failure to supply a copy, the agreement itself is improperly executed, devoid of all prescribed terms and deficient in respect of detail relating to APR, total charge for credit and statements of rights ,remedies and protections as required by schedules 1,2 and 6 Consumer Credit Agreements Regulations 1983

 

Therefore the agreement as outlined in section 65 (1) Consumer Credit Act must be laid before the court to be granted an enforcement order before any further action can be taken

 

It is my view that the court would not grant such an order due to the deficiencies that I have outlined within the agreement, further more this has already been raised with (name of DCA or original creditor) yet I note the absence of any documents disproving my points itself speaks volumes

 

Therefore, I would indeed welcome the opportunity to place this before the court. furthermore should you proceed with the threats to issue a statutory demand or court claim I will make an immediate application to have it set aside for the grounds outlined above, also I shall refer the judge to this letter when the matter of costs falls due

 

I trust this outlines my position clearly enough for you

[monkquito]

Can I send the letter requesting a CCA for an unsercured debt to a debt collector, or is there another letter I should send?

 

Many thanks

 

M

[monkquito]

I have sent a Debt Collector a letter requesting a CCA, but they have replied telling me they are not responsible and should contact their client.

 

I believe that as they are now chasing the debt they should be responsible to my request. Am I right?

 

Regards

M

[maroondevo52]

Yes, you could try sending them something like this............

 

Dear Sir/Madam

 

I refer to your letter dated (date) in which you confirm that you are unable to comply with my formal request pursuant to s.78(1) of the Consumer Credit Act 1974. However, despite being in default of my request, you have continued to make unlawful demands for payment contrary to s.78(6) of the CCA 1974 and the Consumer Protection from Unfair Trading Regulations 2008 (CPUTR).

 

 

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.

 

I note that the Credit Services Association, in the first paragraph of its Code, state that members must act lawfully at all times. Furthermore, under the CPUTR 2008 failing to comply with a code of conduct to which you have subscribed is unfair trading.

 

In the circumstances, I will not enter into further correspondence with you, and any further unlawful demands or contact will be viewed as harassment and reported to the appropriate enforcement agency.

 

Finally, as you have failed to comply with my request, I require you to return the £1.00 fee without delay.

 

Yours faithfully.

 

 

 

Regards.

 

Scott.

[alfwithhair]

Can I send the letter requesting a CCA for an unsercured debt to a debt collector, or is there another letter I should send?

 

Many thanks

 

M

 

You can send it to who even is demanding payment

[monkquito]

Hello,

 

I have a couple of debts, where the original creditor has contacted me saying the DCA cannot reach a payment plan with me.

 

Basically, it is a case of CCA's being requested and no replies hence the account has gone into dispute.

 

Does anyone have any ideas how to write a letter to the creditor telling them this?

 

Regards in advance,

M

[PGH7447]

No and why would you want to, the dca should have passed your cca requests on so they will know the account is in dispute

[monkquito]

Hello,

 

I've just got a letter from a DCA threatening me with CCJ if I don't pay.

 

I've not heard from this DCA before, and all they quote is an amount owed, no mention of any account or reference numbers or who they are working for.

 

How should I proceed?

 

M

[Seminole]

Ignore it. When they get around to providing some more information then deal with it.

[harrassed senior]

If you receive any further information post on here and we will advise your best course of action.

[monkquito]

Hi,

 

Got another letter from the DCA.

 

They are threatening to either call to my home or issue a ccj if I don't reply within 7 days.

 

It appears that it refers to a debt for outstanding bank charges, which I am presently dealing with the FOS on hardship grounds.

 

Many thanks

 

M

[cerberusalert]

Who are these idiots who have been elevated to the rank of a judge? Because ordinary mortals can only apply for a CCJ not issue them.

[42man]

You should write to the DCA. Stating your distate at the fact that this has been passed on whilst in clear dispute (which is against the OFT's guidelines). State the FOS number in your correspondence and send recorded delivery.

[monkquito]

Thanks for the replies.

 

Apologies cerberusalert, i mean to say that they will apply to the local court for a ccj.

 

Regards,

 

M

[Helios]

DCAs send out those letters out in the dozen doesn't mean they will actually try to make a claim

[monkquito]

Is there a higher authority one could complain to about the outcome of a FOS decision, as they have failled to taken into consideration many points of my case.

 

Many thanks,

 

M

[rebel11]

I suppose you could complain to

Natalie Ceeney,

Chief Ombudsman and Chief Executive

at the FOS

[monkquito]

Hi,

 

Basically, I'm getting letters from a solicitor trying to enforce a debt that is in dispute with a DCA.

 

I've told the solicitors that the account is in dispute, so they want all me correspondence.

 

In my view, it is the duty of the DCA to inform them that the account is in dispute, which clearly they have not done.

 

I've not yet had time to reply to their letter and already they are saying that as I have not answered me they will enforce the debt.

 

Any ideas of help?

 

Thanks in advance,

M

[Tingy]

This is a letter I sent to a solicitors in similar circumstances recently - haven't heard anything since.

 

 

 

Dear Sir / Madam,

 

WITHOUT PREJUDICE

 

Westcot Ref: 123456789000000000000

 

Thank you for your letter dated 31/12/2010 which I received this morning.

 

Please may I refer you to a letter I sent to Westcot on November 12th 2010 (copy enclosed) to which I have received no reply whatsoever. The letter is quite unambiguous and states clearly that I have no knowledge of any such debt owed to Westcot. Indeed I had never before heard of them.

 

It is only reasonable therefore to ask them to prove that I owe them this money before arranging any repayment at all. It is not that I am trying to avoid the debt, but it would be madness to start paying money to a company one has never heard of before they prove the money is owed.

 

I believe my letter of 12/11/2010 was perfectly reasonable and so was very surprised to receive a letter from solicitors this morning.

 

I am glad Westcot are still willing to consider options for repayment, however I have yet to see any proof that I owe them a single penny. When they supply me with this proof I will of course respond. Until that point further letters can only be seen to amount to harassment.

 

I am sure you are aware of the MALG guidlelines and would expect you to be following them.

 

Please refer this back to Westcot and ask them to supply the requested proof, then perhaps we can begin to move towards a resolution. If they fail to provide proof, I can only take this to imply they do not have any right to be demanding money from me and will report the matter not only to the relevant authorities, but also to the police as I believe demanding money without proof amounts to extortion.

 

Yours faithfully

Edited January 28, 2011 by Tingy

[OnMyWayOut]

"states clearly that I know of any such debt"

states clearly that I know NOTHING of any such debt