Intrum Justitia harrasment

[debt4get]

you first need to send ij a letter asking for the right to have a signed copy of your original agreement, if they cannot produce this in 12+2 days you have the right to put the account into dispute, after this you need no longer offer any payment, nor may they ask... send letter enclosing £1.00 p.o. do not sign letter simply print your name.. if they reply with the document post it on the site removing all your details and the people here will tell you if the agreement is enforceable or not

To Whom It May Concern:

 

Your Reference: Agreement Number:

 

I DO NOT ACKNOWLEDGE ANY DEBT TO YOUR COMPANY

 

 

With reference to the above account, I request that you send me a true copy of this Credit Agreement before I will correspond further on this matter.

 

This is my right under the legislation contained within Section 77 (1) and Section 78 (1) of the Consumer Credit Act 1974, and I am entitled to receive a copy of my Credit Agreement on request.

 

Your obligation also extends to providing me with a statement of account. I enclose a £1 Postal Order, which represents payment of the statutory fee payable under the Consumer Credit Act. I understand that a copy of my Credit Agreement should be supplied within 12 working days from the date of this letter.

 

I also understand that under the Consumer Credit Act, creditors are unable to enforce an agreement if they fail to comply with a request for a copy of the Agreement under these sections of the Act

 

In summary, I DO NOT ACKNOWLEDGE THIS DEBT AND THEREFORE REQUIRE YOU TO SUBSTANTIATE THIS BY PROVIDING THE FOLLOWING DOCUMENTATION BEFORE I CORRESPOND FURTHER :

 

 

1. True copy of original Credit Agreement

2. Statement of Account

3. Copy of the executed Deed Of Assignment from the Original Creditor and Thames Credit Limited.

4. Fair Processing Notice.

 

The time limits, which are laid down in the Consumer Credit (Prescribed Periods for Giving Information) Regulations 1983 are clear. You must supply an executed Credit Agreement within 12 + 2 working days of a proper Consumer Credit Agreement request.

 

As you are aware, a Credit Agreement that is not properly documented and signed by the customer is totally unenforceable under the Consumer Credit Act and therefore is a complete defence to any court claim that is issued.

 

 

Take note at this stage, that any legal action you may contemplate will be both vigorously defended and contested.

 

Further to the above, please ensure that any contact by yourselves is made in writing only to the above address. Telephone calls and personal visits will not be accepted and viewed as harassment - Administration Of Justice Act 1970, Protection From Harassment Act 1997, Communications Act 2003. If you continue to harass me by telephone I will report you to OFCOM, Trading Standards and The Office Of Fair Trading, meaning that you will be liable to a substantial fine

 

May I remind you, 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.

 

I look forward to hearing from you within the statutory time limit.

 

Yours faithfully

[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

[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

[debt4get]

utter tripe send em this..

Account In Dispute

Ref:

 

Dear xxxxxxx

 

Thank you for your letter of xx/xx/xx, the contents of which have been noted.

It would seem that you are of the belief that you have discharged your obligations under the Consumer Credit Act 1974 in particular section 78(1).

You have provided me a copy of an application form and I feel it is my duty to draw your attention to some serious flaws in your comments.

 

Firstly, to comply with section 61 of the consumer credit act 1974 which by the way refers to the signing of an agreement (Not an application), a document must conform to regulations made under the provisions of section 60(1) Consumer Credit Act 1974 otherwise it cannot be properly executed

 

Now then, these regulations I refer to are the Consumer Credit (Agreements) Regulations 1983 (SI 1983/1553). These regulations set out the form and content of agreements. For an agreement to be compliant with the regulations it MUST embody within the agreement, the prescribed terms laid out in the SI1983/1553 without the prescribed terms the agreement does not conform to section 60(1) 1974 and therefore cannot be properly executed as described in section 61(1) CCA 1974.

 

For your information in case you are unsure. The prescribed terms referred to are contained in schedule 6 column 2 of the Consumer Credit (Agreements) Regulations 1983 (SI 1983/1553) and are inter alia: - A term stating the credit limit or the manner in which it will be determined or that there is no credit limit, A term stating the rate of any interest on the credit to be provided under the agreement and A term stating how the debtor is to discharge his obligations under the agreement to make the repayments, which may be expressed by reference to a combination of any of the following--

(a)Number of repayments;

(b)Amount of repayments;

©Frequency and timing of repayments;

(d)Dates of repayments;

(e)The manner in which any of the above may be determined; or in any other way, and any power of the creditor to vary what is payable.

 

Now nowhere on the application form that you supplied is there any reference to these terms. I wish to remind you that the absence of these terms will render a document unenforceable in court and I also wish to point out that these terms MUST be contained within the agreement and NOT in a separate document headed terms and conditions or words to that effect

 

Since the document you have supplied is a clear mailer application form, I cannot believe for one moment that these very important terms would be contained on the opposite side of the form, unless they are there for the postman to read while he delivers the mail. Therefore they must have been contained in a separate document, which is prohibited by the SI1983/1553, as there is no clear link to them within the signature document.

 

Therefore, you have failed to supply an enforceable document, which is correctly executed as to be so; it must conform to the Regulations under s60 CCA1974

 

I am of the opinion that a court is precluded from enforcing this agreement by s127 (3) CCA1974 as it is improperly executed under s61 CCA 74, the consequences of improper execution are set out in section 65 CCA 1974 and s65 sets out that only a court can enforce an improperly executed agreement subject to certain qualifications, one of those is that the document is signed and contains all the prescribed terms. Now since this document does not contain all the prescribed terms s127 (3) CCA 1974 strictly prevents the court from enforcing this agreement.

If you cannot supply me with a document, which complies with the Consumer Credit Act 1974, and ALL of the Regulations made under the Act, I shall be forced to make a complaint to Trading Standards and I will also draw this to the attention of the Office of Fair Trading.

 

I respectfully request you review this matter in light of my comments above and I request that you supply me the required information or alternatively confirm the account is closed and the debt written off with a zero balance.

 

I respectfully request a reply within 14 days of the date of this letter.

Yours faithfully

 

[debt4get]

yep send it to whoever sent you the rubbish....and yes recorded so you know they have received

[debt4get]

wouldnt worry too much about carter..he may issue court proceedings but if you defend he runs for the hills...he only likes the ones who dont defend and he gets by default..no worries....