Intrum Justitia harrasment

[HOWLER]

upon reading other threads

it would appear to be a waste of time complaining to the OFT.

is this correct?

[ScabHunter]

upon reading other threads

it would appear to be a waste of time complaining to the OFT.

is this correct?

 

It is a waste of time in that the OFT don't take up individual complaints.

 

However, we need to be achieving a weight of numbers, so every complaint helps. You can submit a complaint without charge through email, so there is no reason not to. All it takes is a bit of time, and we really owe it to the people who come along after us.

 

SH

[dcakiller]

I would complain to all and send gpb this letter

 

 

Dear Sirs

 

I refer to your letter of XXXXX 2008, the content of which is noted. No debt to your client is acknowledged.

 

On (date) I made a formal request to your client pursuant to s.78(1) of the Consumer Credit Act 1974. They have failed to comply within the statutory time limit, or at all. It should not be necessary to have to remind solicitors that the provisions of s.78(6) now apply.

 

In the circumstances, your/your clients threat of legal action would appear to be a breach of the Consumer Protection from Unfair Trading Regulations 2008 and the Office of Fair Trading Guidance on Debt Collection. Should you or your client bring proceedings, they will be robustly defended, and the Court's attention drawn to the above statutory breaches . Furthermore, I reserve the right to bring the conduct of your client to the Court when the issue of costs is being considered.

 

Yours faithfully

[HOWLER]

thankyou

will send complaint and letter

thanx very much

[HOWLER]

latest letters

 

they have not replied to my cca request. do i now send letter of non conforming to my request.?

thanx

[Blondmusic]

On wednesday (exactly 12+2 Working days after they received your CCA) send them this. Edit anything in red and send recorded or special delivery.

 

ACCOUNT IN DISPUTE

 

Date:

 

Ref:

 

Dear Sir/Madam

 

Thank you for your letter of xx/xx/xx, 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. This was signed for as delivered on the **DATE**

You have failed to comply with my request, and as such the account entered default on **DATE** (12+2 days after you made the initial request).

 

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.

 

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 you/your client enters into a default situation.

 

This limit has expired.

 

As you are no doubt aware section 78(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. You will also be aware of the CPUTR 2008 and the OFT's guidelines on debt collection which state under the title Deceptive and/or unfair methods - Examples of unfair practices are as follows - 2.8

 

(i) - 'Failing to investigate and/or provide details as appropriate, when a debt is queried or disputed, possibly resulting in debtors being wrongly pursued'

 

(k) - 'Not ceasing collection activity whilst investigating a reasonable queried or disputed debt'

 

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 faithfully

[HOWLER]

thanx its on its way

[HOWLER]

update on latest letters

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[HOWLER]

1 more letter

Edited October 26, 2009 by HOWLER
cock up

[HOWLER]

ill get there eventually

[HOWLER]

[/img]

[HOWLER]

[HOWLER]

Cracked it !!!!

now do i sit and wait or what is next move

thank you all

[SL8R]

You have sent the CCA, sit back and wait for the OC now...

[payback68]

Cracked it !!!!

now do i sit and wait or what is next move

thank you all

 

Sit back and wait, i've been there, with me they returned the account back to RBS & then RBS tried to involve AIC to collect (but to no avail) whom i nipped in the bud after sending them a letter stating that a third party intervention was not advisable in no uncertain terms and a complaint will be forwarded to the OFT. AIC backed down immediately!

 

This MRS Tracey Smith must be A GLUTTON FOR PUNISHMENT or just loves her pathetic job:p:p

 

Stand your ground!

 

PB68

[HOWLER]

thanx very much for advice

its nice to you have people around.

cheers

[HOWLER]

Edited December 3, 2009 by HOWLER

[HOWLER]

all the above arrived today

comments please?

[lickthewallfatboy]

hardly deserves a comment really!!

 

if that's what they're going to be relying on,well....enough said!

[HOWLER]

do you mean its no good?

[lickthewallfatboy]

it's an application form with no prescribed terms

 

so

 

no good

[HOWLER]

sorry im new to this

whats next step?

[F_DCAs]

No enforceable agreement + no debt = no obligation for you to pay them or even acknowledge them

[HOWLER]

nah no cant be

your avin a laf

come on your kidding me . arn't you.????????????

[lickthewallfatboy]

errrmmmmmm

 

no

 

 

they're not permitted to pursue collection without producing a compliant agreement

 

they will try,but that's DCA's for you