Intrum Justitia harrasment

[HOWLER]

thanx

so what do i do now. do i need to reply to letter or do i continue to ignore??

will they keep trying ??

i can't believe it'so easy?

i have 2 other problem debts, i may try the same with them??

after all the harrassment they have dished out i would love to stick it up em.

[lickthewallfatboy]

you don't have to pay a penny

 

if they do try to escalate it,get back here awith the details and you'll get all the help you need

 

CCA the 2 others as well

[Mr Worried]

thanx

so what do i do now. do i need to reply to letter or do i continue to ignore??

will they keep trying ??

i can't believe it'so easy?

i have 2 other problem debts, i may try the same with them??

after all the harrassment they have dished out i would love to stick it up em.

 

 

Hi Howler

 

Well after you have stopped laughing, you could just ignore them and the letter they sent to you, or you could take the next step and send the next template letter, I believe there are more than 1 so ask the more experienced cager and they will appoint the correct letter for you to return to the numpties.

 

Mr W

[payback68]

Hi Howler,

 

You could send the following letter if you wish;):-

 

Dear sir/Madam

 

Account Number: XXX

 

Re; your recent reply to my request under section 77-79 of the Consumer Credit Act 1974

 

I note that you have replied to the above by sending your companies current Terms and conditions I must inform you that this is not sufficient to comply with the request and that your company is still in default under the act.

 

To clarify, just sending the Application Form & Terms and Conditions is a breach of the Act and Regulations as, apart from the information that the Regulations provide that you may exclude, the copy must be a “true copy” of the agreement.

 

This breach of the agreement can be demonstrated as follows;

As you will know section 180(1) (b) authorises, “the omission from a copy of certain material from the original, or the inclusion of certain material in condensed form.” This refers to statutory instruments made under the heading Copies of document regulations and in this care in particular to SI 1983/1557.

 

Before leaving section 180 there are two other sections that should be remembered these are:

 

Section 2(2) (a) A duty imposed by any provision of this Act (except section 35) to supply a copy of any document is not satisfied unless the copy supplied is in the prescribed form and conforms to the prescribed requirements;

 

And more importantly

 

Section 2(b) A duty imposed by any provision of this Act (except section 35) to supply a copy of any document is not infringed by the omission of any material, or its inclusion in condensed form, if that is authorised by regulations.

 

You will see that this quite clearly states that whilst certain items may be left out of the copy document the rest of the document must be in the form and contain all items as prescribed by the regulations.

 

Turning to the regulations regarding what may be omitted from these copies these are contained with SI 1983/1557.

 

The regulations state:

(2) There may be omitted from any such copy-

(a) any information included in an executed agreement, security instrument or other document relating to the debtor, hirer or surety or included for the use of the creditor or owner only which is not required to be included therein by the Act or any Regulations thereunder as to the form and content of the document of which it is a copy;

(b) any signature box, signature or date of signature (other than, in the case of a copy of a cancelable executed agreement delivered to the debtor under section 63(1) of the Act, the date of signature by the debtor of an agreement to which section 68(b) of the Act applies);

 

It is quite clear what can be omitted from the copy document, this again asserts that all other details of the agreement should be presented in form and content as required by the regulations.

 

The requirements of the Agreement regulations 1983/1553 are very explicit in describing the form and content of an agreement and this as I have demonstrated also applies to the copy of any such agreement with the above mentioned proviso.

 

Nowhere within these regulations does it state that part of the agreement can be presented on a separate document headed terms and conditions.

It does state that all terms and conditions should be within the agreement document and is explicit of the form in which it is presented.

 

I hope this explains why your reply was unacceptable I await a True copy of my agreement and would remind you again that whilst the request has not been complied with the dispute continues

 

Yours faithfully

Print name do not sign

 

If you do send, lets see what their reply is, best of luck;)

 

PB68

[HOWLER]

thanx again for your help

i think i shall wait and see what happens next

a very big THANKYOU one and all

[HOWLER]

latest letter please advise

Edited January 13, 2010 by HOWLER

[HOWLER]

[Blondmusic]

Send them the Bemused letter which is here. Idiots and Jokers have given up by the look of it.

 

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

Edited January 13, 2010 by Blondmusic
I have done 666 posts. Unlucky on the 13th lol.

[HOWLER]

thanx mr B

does it mean ij have given up cause they know they havnt a leg to stand on.?

[payback68]

thanx mr B

does it mean ij have given up cause they know they havnt a leg to stand on.?

 

Hi Howler,

 

IJ are toothless and weak. As soon as they see that the debt maybe problematic they send it back to the OC, then the OC enlist the help of another DCA to see if they can somehow enforce/scare the debtor into paying.

 

Fredricksons are just trying it on and furthermore how do they think they will be able to enforce a previously disputed debt anyway, 3rd party intervention is not allowed.

 

Send the letter Blondmusic has posted.

 

Regards

 

PB68.

[HOWLER]

thanx payback

you confirmed all my thoughts, trying it on, letter printed and in post am.

cheers

[scubadiver]

Subbing with interest..

 

I sent idiots & Jokers a cca letter in June '09 and 2 dispute letters in July. I have received a couple of their begging letters since but all has been fairy quiet until the other day. A new love letter has arrived, reminding me of an alleged debt and offering their assistance if I would like to contact them:D

 

I think not!

[HOWLER]

Thanx scubadiver, little bits of info like yours are held in high regard to a newbie like me. it gives us all a little insight into what to expect.

 

I forgot to mention i cca`d Equidebt just before xmas for another debt of mine (getting brave). How long do i wait bearing in mind the 12+2. Do i give them a holiday period?

HAPPY NEW YEAR ONE AND ALL

Edited January 14, 2010 by HOWLER

[scubadiver]

As I understand, it is 12 working days plus 2 for delivery, therefore bank holidays don't count towards it.

 

eg cca sent on 21st dec would not expire until after 13th Jan.

[The GodMother]

From what i remember public holiday of Christmas day, boxing day, good friday and easter monday dont count towards the 12 days but ONLY if they fall on one of those day. Now the sticking point comes in when the rules change due to the rule on if either christmas day or boxing day fall on a weekend then the next monday, tuesday or both are classed as public holidays. If my memory serves me correctly all bank holidays count aswell.

 

 

Will need to double check that one.

Edited January 14, 2010 by The GodMother

[HOWLER]

CHEERS FOLKS

i posted it on the 17dec

and sent 2nd letter 14th jan... should be ok

[HOWLER]

latest crap

comments please?

[HOWLER]

looks like they wont give up

comments please ??????????????

[Craftygirl42]

They are still trying it on, ignore it. If they did issue a court summons, you would be able to defend it as the CCA is not compliant. Dont worry

[HOWLER]

thanx crafty

just as i thought but as a newbie its nice to get peace of mind.

these bas***** really know how to upset people.

thank you

[hev106]

Hi Peeps, I do wish I had found your board so many moons ago when I started to pay off an RBS debt via I & J, which is a matter of some months is due to be paid in full (hurrah) HOWEVER the cheeky bleeders have now taken to harassing me by phone and when I say I aint talking to them they get stroppy, but the latest thing has been to tell me I HAVE TO INCREASE MY PAYMENTS! Well besides telling them to bog off and do one, they are now demanding a breakdown of my income and outgoings and also stated they did not believe that I worked the hours I said I was cos I could not call them before they closed at night (I work shifts mainly late shifts getting home around 11pm). I guess the only reason I did not yell at them to F**k off was cos I was at work when they called. I returned home some fifteen mins ago to find a lovely letter from them dated 5 Feb received today 17 Feb (took 12 days to get here) telling me to call them within 5 days 9 so well past that deadline now) otherwise they have been instructed to take legal action!

My query now is - Can they take legal action, I am paying them albeit not what they want and have not missed a payment even if it has taken years to clear the debt, end result is they are still getting the dosh. I have never CCA'd them and have just paid up each month (like I said I have since learnt my lesson via these wonderful boards), I dont know if they are just collecting for RBS or have 'bought' the debt from them. What do I do now? Do I just carry on paying and ignore the 'threatening letter', after all surely a court would see I was paying and tell them to shut up and push off, do I stop paying them and CCA them? In a matter of some months they will be gone like a bad smell once the final payment has been made but I am soooooooooooooo mad at this letter I cannot think straight, I would love to tell them to shove it but obviously dont want to end up in court..advice, guidance and a big chill pill needed please. Cheers peeps H x

Edited February 17, 2010 by hev106
add a bit

[debt4get]

dca's very rarely take people to court.. and they also have no right to an income and expenditure sheet DO NOT give them one... you are perfectly within your rights to ask for a cca..if they do not send in 12 + 2 days you can put account in default and do not have to pay them.. worth a letter and a pound

[hev106]

Thanx debt4get, I think I will sit down in a few minutes and send them the cca letter and cancel my standing order so they can then go whistle in the wind! My main worry was the fact that they threatened court (which I know they can and sometimes do do this) although I think the court would look favourably cos I am paying them and intended on keeping on paying them but I think they have now shot themselves in the foot!

One other question, I know that if they do not respond after the 12+2 days the acct is then in dispute that sometimes they pass it or the OC passes it to another pond feeder, if this were to happen would/could they then start adding interest to the o/s balance, (after all I cannot go down the statute barred route fiven they just had a payment from me)! and if they eventually turn up the agreement and I have to restart paying, I dont want to pay more than what is owed at this time. Cheers H x

[debt4get]

they always threaten court its why people pay, or end up on cag.. if they do pass it on to another dca there is a simple letter you can send saying account in dispute and you shouldnt be touching it with a barge pole..known as bemused letter.. they cannot add interest to the account.. you never signed a contract with them.. they will tell you they can but it is simply nonsense... if they manage to find agreement and it is enforceable then you simply pay what YOU owe and no more

[debt4get]

http://www.oft.gov.uk/shared_oft/business_leaflets/consumer_credit/oft664.pdf

 

have a good look at the document it makes interesting reading with regard to what collectors are supposed to do.. e.g. threatening court action etc