Credit Card /Loans enforcability question

[hornigoldfamily]

Dear all,

 

My first post so hello :o)

The firm i worked for for many years unfortunatly went into administration in January this year leaving me unemployed.

Inevitably my payments started getting harder and harder and i have now have most cards cancelled but balances still owed.

Can i now look into the enforceability of these or are they not classed as live now???

 

Many thanks in advance

[cerberusalert]

hi & welcome.

 

First send them all a CCA request to see if they are entitled to collect this debt & if it's enforcable. If they fail to provide it within 12 working days from receipt, or the CCA is unenforcable you can legally withold any payment until they do. Send it recorded delivery enclosing a £1 postal order. When you get a reply, scan it & remove any identifying details and post it back here where we can have a look at it. We'll advise you from there;

 

Dear Sir/Madam

 

Re:- Account No: XXXXXXXX/Your Reference Number: XXXXXXX

 

This letter is a formal request pursuant to s.77/78 of the Consumer Credit Act 1974. I require you to provide me with a true copy of the credit agreement relating to the above account, together with any other documentation the Act requires you to provide.

 

I expect you to comply fully and properly with this request, within the statutory time limit. You are reminded that should you fail to comply with my request, the provisions of s.77 will apply.

 

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.

 

Your attention is drawn to ss.5(2), 3(b),6 and 7 of the Consumer Protection from Unfair Trading Regulations 2008 (CPUTR). I enclose a postal order in the sum of £1.00, which is the statutory fee. Note that these funds are not to be used for any other purpose.

 

If you are unable to comply fully and properly with this request, you should confirm this in writing at the earliest opportunity, and certainly within the statutory time limit for compliance, and return the fee.

 

Furthermore, with regards to the quantity and frequency of telephone calls that I have received from your company, which I deem to be personally harassing.

 

I have verbally requested that these stop, but I am still receiving calls. (Delete if necessary)

 

I now require all further correspondence from your company to be made in writing only.

 

You are reminded of the following under Consumer Protection from Unfair Trading Regulations 2008.

 

Trading Standards can bring about a prosecution if, with the object of coercing another person to pay money claimed from the other as a debt due under contract, he or she:

 

(a) harasses the other with demands for payment which by their frequency, or the manner or occasion of their making, or any accompanying threat or publicity are calculated to subject him or his family or household to alarm, distress or humiliation;

(b) falsely represents, in relation to the money claimed, that criminal proceedings lie for failure to pay it;

© falsely represent themselves to be authorized in some official capacity to claim or enforce payment;

(d) utters a document falsely represented by him to have some official character or purporting to have some official character which he knows it has not.

 

I am of the view that your harassment of me by telephone puts you in breach of the Consumer Protection from Unfair Trading Regulations 2008, and the Protection from Harassment Act 1997.

 

If you continue to harass me by telephone, you will also be in breach of the Communications Act (2003) s.127 and I will report you to OFCOM, Trading Standards and The Office of Fair Trading, meaning that you will be liable to a substantial fine.

 

Further to this if it is your intention to arrange a call from your 'Doorstep Collectors', I note that there is only an implied license under English Common Law for certain people 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.).

 

Take note, I revoke license under English Common Law for you, or any of your representatives to visit me at my property and if you do so without my permission, you will then be liable to damages for a tort of trespass. You would also be conspiring in a trespass if you sent someone to visit me nevertheless. Any trespassers you attempt to send therefore will be dealt with accordingly.Be further advised that any further telephone calls from your company will be recorded.

 

(Optional addition)

 

I look forward to hearing from you.

 

Yours faithfully **Edit to suit**

 

(Print do not sign signature)

[hornigoldfamily]

A huge thankyou for this...letters have been sent out and i await with baited breath....no doubt i will be back for more help.

 

Thankyou again.

 

regards

 

hornigoldfamily

[cerberusalert]

As you get them back, if you start a new thread for each one we can deal with them separately and things won't get confused.

[hornigoldfamily]

Letters posted Saturday thankyou again.....one other question .....can this be used for secured loans ????

 

Regards

 

hornigoldfamily

[cerberusalert]

A CCA request isn't any use for a secured loan, have a read through Mortgages and Secured Loans - The Consumer Forums

[hornigoldfamily]

Hey - Three of the four unsecured ones were delivered via recoded delivery on the 14-10-09 confirmed by post office website.

How long do i give these and what is the next course of action if i hear nothing back?

 

Regards

 

hornigoldfamily

[cerberusalert]

They have 12 working days from receipt to provide you with copies of your CCA, if they fail to do so you can send the 'In Dispute' letter & legally withold payment until they provide an enforceable agreement. http://www.consumerforums.com/resources/templates-library/86-debt-collectors/571-failiure-to-provide-a-copy-of-the-agreement-within-the-prescribed-timescale

[hornigoldfamily]

I have had one reply back so far from Barclaycard with all i can dexribe as a copy of current terms & conditions and a letter more or less saying this is what i had asked for?????

What do i do now.....sorry this question may have been asked thousands of times i have had a look through posts but can't find anything.

 

Regards

 

hornigoldfamily

[cerberusalert]

I'd be tempted to send them Scots letter below & see what their response is;

 

Re: my request under the Consumer Credit Act 1974

 

Thank you for your recent letter sent to me, the contents of which are noted. I appreciate your quick response to my original letter. However, the reply received by me does not fulfil your requirements under the Consumer Credit Act 1974.

 

The Act demands that I be supplied with a true copy of any properly executed credit agreement that exists in relation to the above account. I may ask for this on demand providing that a fee of £1.00 is paid. This fee was sent with my original letter.

 

My request remains outstanding. The items you sent in your reply, does not constitute a true copy of any credit agreement that may or may not have been signed by me on the opening of this account. It neither confirms that I am liable for any alleged debt to you, nor gives me any chance to evaluate whether any original agreement was ‘properly executed’.

 

I still require you to send me a true copy of the original credit agreement that you allege exists. As you will know, under the Consumer Credit Act 1974, a judge is not permitted to make any enforcement order unless the creditor can provide a true signed copy of the original credit agreement. This means that unless you can produce such an agreement, this alleged debt is not enforceable in law.

 

You had until XX/XX/2008 to provide me with the true copy I requested. You are now in default of my request. Any account I hold with you is now in legal dispute. Whilst the account remains in dispute, you are not permitted to ask for any payment, nor am I obliged to offer any payment to you. Furthermore, whilst the dispute remains, you are not entitled to charge any interest on the account, nor make any further charges to the account. Additionally, you are not entitled to register any information on this account with any credit reference agency.

 

To register information with a credit reference agency, you must have written consent from the customer to collate and share such information. This consent is given in the form of a signed credit agreement, so until you produce such an agreement, you may not do this.

 

The requirement for consent to share data is a clear requirement of the Data Protection Act 1998. any such attempts to share my data without my consent will be met with a complaint to the Information Commissioners Office

 

To sum up, I will not be making any further payments to you until you provide me with the document I have requested. Whilst you remain in default of my request, you are not permitted to take any action against this account. This includes adding further charges and passing any information to the credit reference agencies.

 

Should you not have any signed credit agreement in relation to this alleged debt, please confirm this in writing to me.

 

 

I look forward to your reply.

 

Yours faithfully

Print name do not sign

 

**amend to suit your circumstances.**

[hornigoldfamily]

Thankyou so much yet again, You have been a real guiding light so far and will never know how much pressure you are taking off me.

Is there a similar letter for if i have no reply at all???

 

Regards

 

hornigoldfamily

[cerberusalert]

Is there a similar letter for if i have no reply at all???

http://www.consumerforums.com/resources/templates-library/86-debt-collectors/571-failiure-to-provide-a-copy-of-the-agreement-within-the-prescribed-timescale

[hornigoldfamily]

Latest News on all this...as reportes i got general new terms & conditions from Barclaycard so the suggested letter has been sent.

From Next Directory i got a completely unsigned CCA sent so again the relevant letter has been sent.

With regards to MBNA on their credit agreement it has a tick box under the customer signature box with the wording " i confirm that the tick in this box is a valid means of establishing the authenticity and integrity of my signature to this crdit agreement. I understand that MBNA will hold this acceptance data on their files"????? IS THIS ENFORCEABLE?

 

No reply back at all from the fourth so will send them the relevant letter as suggested.

 

regards

 

hornigoldfamily

[hornigoldfamily]

P.S sorry....should i send all communication recorder delivery???

[cerberusalert]

IS THIS ENFORCEABLE?

As The Consumer Credit Act 1974 (Electronic Communications) Order 2004 came into force in December 2004 any online agreements entered into post this date are deemed valid.

Electronic signatures weren't considered valid until this date.

P.S sorry....should i send all communication recorder delivery???

Yes, then you have proof of posting.

[hornigoldfamily]

All letters have been sent to relevant parties but the one who has sent nothing through at all has started hassling us by phone now.

What do we say to them on the phone or just carry on ignoring it???

 

Regards

 

hornigoldfamily

[hornigoldfamily]

Do i take it i just carry on ignoring the calls then as these are now coming thick and fast.....any advice would be great

[cerberusalert]

Send them this;

 

Dear Sir or Madam

 

Harassment by telephone

 

I am writing in relation to the quantity and frequency of telephone calls that I have received from your company, which I deem to be personally harassing.

 

I have verbally requested that these stop, but I am still receiving calls. (Delete if necessary)

I now require all further correspondence from your company to be made in writing only. [if you Want Them to]

I am of the view that your continued harassment of me by telephone puts you in breach of Section 40 of the Administration of Justice Act 1970, and the Protection from Harassment Act 1997.

If you continue to harass me by telephone, you will also be in breach of the Communications Act (2003) s.127 and I will report you to OFCOM, Trading Standards and The Office of Fair Trading, meaning that you will be liable to a substantial fine.

Be advised that any further telephone calls from your company will be recorded. (**Even if you don‘t yet have recording equipment!!**)

 

Yours faithfully, **Print name do not sign**