No CCA From DCA

[nuke em]

This helps. Send to a third party ! , as you will see, this includes a fee schedule, for charges YOU will make upon THEM for having to deal with their crap!!!

 

sender name and address

Registered mail

 

 

Solicitors of/ or A N other debt collectors

 

 

 

 

 

 

 

FORMAL NOTICE

 

Re:

 

Dear Sir/Madam,

 

I have received your unsolicited letter dated xxxxx (copy enclosed()

 

I wish to clarify your position in this matter.

 

You are a third party intervener in this matter acting without authority, I DO NOT give you permission to interfere in my commercial affairs as you have no legal standing. We do not have a contract and any permission that you believe you may have from me is hereby withdrawn. If you believe that you have power of attorney to act on my behalf you are hereby fired and any consent that you believe you may have, tacit or otherwise, is hereby withdrawn.

 

As professional solicitors you well know that an affidavit address to a specific person with specific statements can only be rebutted point by point by the person so addressed who has personal first hand knowledge of it.

 

Which - means, in case you had not noticed, it was not addressed to you or your company.

 

It is neither judicial, nor is it a threat, nor is it proceedings. It has nothing to do with the you, the court or any judicial system as it is as stated above.

 

So your statements allegations, of abuse of court process, wasteful litigation etc., are in the light of the above - pointless.

 

I am now formally requesting that you cease all correspondence including but not limited to; letters, phone calls and text messaging.

 

I am familiar with the terms of Section 40 of the administration of Justice Act 1970, and the Protection from Harassment Act 1970 and I believe, should you continue contacting me after my request for you to cease your activity, that you will be guilty of harassment and blackmail and you will be in breach of these acts and you will be reported to the relevant bodies.

 

Please note that if you contact me by telephone, after a formal request not to, you will also be in breach of the Wireless Telegraphy Act (1949) and, as such I will report you to both Trading Standards and The Office of Fair Trading and take further note that continued telephone calls after the receipt of a request not to call may constitute a criminal offence under Section 127 of the Communications Act 2003.

 

Finally, you do not, nor have you ever had, my permission to use or process my personal data in any way and pursuant to the Data Protection Act 1998, I hereby demand that you cease use of any and all data with regard to me and that you immediately destroy all of my data held on your records. You will confirm this action in writing to me within 14 days of receipt of this official request which is being sent to you registered mail. Failure to do so will result in a report being submitted to The Information Commissioner for Data Protection breaches.

 

Notwithstanding the fact that I do not, have not and will not consent to your interference in this matter, am I not correct is stating that any ‘contract’ that I might have with ( insert name of orig creditor) is governed by the Contracts (Rights of Third Parties) Act 1999?

 

Am I also not correct in stating that S1 Contracts (Rights of Third Parties) Act 1999 sets out the circumstances in which a third party may seek to enforce the terms of a contract?

 

As no third party was expressly identified by name as required under Section 1, Sub-sections 1 - 3 of the above Act you are not a third party to the contract and have no rights in this matter.

 

And;

 

Section 6. Section 1 confers no rights on a third party in the case of a contract on a bill of exchange, promissory note or other negotiable instrument.

 

You are therefore in serious breach of the common law Doctrine of Privity of Contract.

 

You will be deemed to have been served notice of my request and I will deem it served (3days) from the date of this letter. This has been sent by recorded delivery. I am advising you that any communications from you including but not limited to letters, phone calls and text messages received after this date will be recorded/noted with the intention of them being used as evidence.

 

I recommend you actually read what is written here and I would suggest you take legal advice as it seems to me you could do with some.

 

Under the circumstances should you continue this approach I reserve the right to take appropriate Action.

 

Formal notice of fee schedule to XXXXXSOLICITORS

For unlawful unsolicited interference in my commercial affairs.

 

 

1 For each unsolicited phone call £100.00

2 For each unsolicited letter of harassment £100.00

3 For each letter that I have to write to XXXXXXXX due to

unsolicited letter/s of harassment £200.00

4 For each letter I have to write to ICO regarding XXXXXXX’s

unlawful letters of harassment £250.00

5 For each letter I have to write to the Office of Fair Trading £250.00

6 For each letter I have to write to

7 For each letter I have to write to Trading Standards £250.00

8 For each letter I have to write to the Police £250.00

9 For each court appearance £1000.00

10 For each phone call I have to make to the relevant bodies £75.00

(plus £300.00 per hour or part thereof £5.00 per minute)

11 For each and any legal counter claim £3000.00

 

 

This fee schedule effective from the date of this Notice and will initiate upon the receipt of any further unsolicited letters or communications from XXXXXXXXXXXXX.

 

 

Yours Faithfully,

 

 

______________

All Rights, Privileges and Powers Reserved Without Prejudice

[TryingToGetEven]

A further update for anyone that's been keeping up with this thread. Original DCA has returned the debt to the Credit Card Co. who, in turn, have sent it to a new DCA! So we start the process again with them. Fun, fun, fun...

[TryingToGetEven]

Quick bit of help from someone please...

 

New DCA sent a 'pay all in 7 days' letter that must have crossed in the post with my CCA request to them. Am I right that once I've sent the CCA request they can't chase for money until they provide the agreement etc?

[TryingToGetEven]

...anyone...

[TryingToGetEven]

Some advice please...

 

Following my CCA Request, new DCA have written back saying that they are 'Unable to provide a copy of your Consumer Credit Agreement'. They've also said that 'Our client has instructed us that if you require copy statements...' then I will need to write to them direct and enclose a payment of £10.

 

Am I right that the DCA has to pass on my CCA request to the original lender or does their reply about 'their client' saying mean that they've done what they're supposed to? They did at least return my £1.

 

My guess is that nobody has the CCA which is good, but should I now write to the DCA saying go away and also to the original lender saying much the same?

[cerberusalert]

Under CCA 1974 it is the responsibility of the DCA to provide a 'True Copy' of the agreement. If they fail to do so within 12 working days of receipt of your request you can legally withold any further payment until they do so. Send them this; http://www.consumerforums.com/resources/templates-library/86-debt-collectors/571-failiure-to-provide-a-copy-of-the-agreement-within-the-prescribed-timescale

[TryingToGetEven]

Cerbrusalert,

 

Thank you once again for your continued help, it is very much appreciated. When I was browsing the letter resources, I found this one by 42Man which also seemed appropriate:

 

http://www.consumerforums.com/resources/templates-library/86-debt-collectors/574-letter-when-account-has-been-passed-on-whilst-agreement-request-is-in-dispute

 

I say appropriate as having CCA'd the original DCA, they obviously gave up and they / the credit card company have then passed it on to the second DCA that I'm now in contact with.

 

If 42Man is right - and I have no reason to doubt that he is - would this be a better line of attack? Or should I combine his letter with the one you've recommended for a full-on assult

[cerberusalert]

If they've passed it on to a second DCA then yes send this; http://www.consumerforums.com/resources/templates-library/86-debt-collectors/574-letter-when-account-has-been-passed-on-whilst-agreement-request-is-in-dispute

[TryingToGetEven]

Excellent, thank you again.

[TryingToGetEven]

Quick update first, question to follow!

 

After a bit of letter tennis, the DCA returned it all to the original creditor (Mint) and I CCA'd them.

 

Mint sent back a letter, the original application form and two pages of 'terms and conditions'. All the scans can be found using the following links:

 

Mint letter: MINT :: 100702PatMintCCA1.jpg picture by goldenapplecorps23 - Photobucket

 

Original Application Form: MINT :: 100702PatMintCCA2.jpg picture by goldenapplecorps23 - Photobucket

 

The two pages of T&C's: MINT :: 100702PatMintCCA3.jpg picture by goldenapplecorps23 - Photobucket

 

MINT :: 100702PatMintCCA4.jpg picture by goldenapplecorps23 - Photobucket

 

Mint say that this is 'True Copy' (see their letter) and that it is enforceable but is it? Can anyone help please. Any advice and comment gratefully received as always and thanks in advance for any assistance received.

[cerberusalert]

No it's not enforceable, it doesn't contain any of thr prescribed terms within the 4 corners of the signed document, send them this;

 

Dear Sirs,

 

Account no xxxxxxxxxxxxxx

 

 

Re: my request under the Consumer Credit Act 1974

 

This account is in Dispute .

 

On xx/xx/2009 I wrote to xxxxxxxxx requesting that xxxxxxx supply me a true copy of the executed credit agreement for this account.

In response to this request I was supplied a mere application form which did not comply with the requirements of the Consumer Credit Act 1974.

 

The document sent purporting to be a credit agreement does not contain any of the prescribed terms as required by section 60(1) Consumer Credit Act 1974. The Consumer Credit (Agreements) Regulations 1983 (SI 1983/1553) made under the authority of the “1974 Act” sets out what the prescribed terms are, I refer you to Schedule 6 Column 2 of SI 1983/1553 for the definition of what is required. Suffice to say none of the terms are present in the document

 

Since this document does not contain the required prescribed terms it is rendered unenforceable by s127 (3) consumer Credit Act 1974, which states

 

127(3) The court shall not make an enforcement order under section 65(1) if section 61(1)(a)(signing of agreements) was not complied with unless a document (whether or not in the prescribed form and complying with regulations under section 60(1)) itself containing all the prescribed terms of the agreement was signed by the debtor or hirer (whether or not in the prescribed manner).

 

This situation is backed by case law from the Lords of Appeal in Ordinary (House of Lords) the highest court in the land. Your attention is drawn to the authority of the House of Lords in Wilson-v- FCT [2003] All ER (D) 187 (Jul) which confirms that where a document does not contain the required terms under the Consumer Credit Act 1974 the agreement cannot be enforced.

 

In addition should you continue to pursue me for this debt you will be in breach of the OFT guidelines, I draw your attention to the Office of Fair Trading’s guidance on debt collection

The OFT guidance which was issued July 2003 (updated December 2006) relating to debt collections and what the OFT considers unfair, I refer to page 5 of the guidance which states;

 

2.6 Examples of unfair practices are as follows:

 

h. Ignoring and/or disregarding claims that debts have been settled or are disputed and continuing to make unjustified demands for payment.

 

I require you to produce a compliant copy of my credit agreement to confirm I am liable to you or any organisation, which you represent for this alleged debt, if you cannot do so I require written clarification that this is the case. Should you ignore this request I will report you to the Office of Fair Trading to consider your suitability to hold a credit licence in addition to a complaint to Trading Standards, as you will be in breach of the Administration of Justice Act 1970 section 40

 

Since the agreement is unenforceable and the default notice is non compliant, it would be in everyone’s interest to consider the matter closed and for your client to write the debt off. I suggest you give serious consideration to this as any attempt of litigation will be vigorously defended and I will counter claim for all quantifiable damages

 

I respectfully request a response to this letter in 14 days

 

 

I trust this out lines the situation

Print name do not sign

[TryingToGetEven]

Cerberusalert,

 

Thank you once again for your help and for the letter template.

 

Really very grateful!

[TryingToGetEven]

Cerberusalert,

 

Thank you once again for your help and for the letter template.

 

Really very grateful

 

I should add that having received that I also sent an SAR and got nothing more!