Jump to content


  • Tweets

  • Posts

    • sorry I have been confused by Statute Barred meaning. I thought with Statute Barred the debt cannot be chased 6 years after you have stopped paying.  Originally I set up a payment arrangement with all the companies around 2008 when things went horribly wrong. At that time the payment arrangement was with the original creditors.  I still have one of the original creditors who I pay each month (Cap1). I thought that if you make a payment arrangement you have to stick to that situation throughout. Also, MDR (Moorcroft) have been taking a monthly payment on behalf of M & S Bank for about 5 years. When I sent MDR a CCA request I got a copy of the original agreement sent to me directly by M & S Bank about 5 weeks after my CCA request. Sorry for my ignorance but would you suggest I stop paying all including Cap1 who are the original creditor? TIA
    • London1971 without divulging too much into his mental health he has issues regarding anything to do with government and so is it ok to fill the forms provided and what do I put on there  thanks  
    • Dear all, I am hoping for some advice/guidance on this matter. I received a LoC dated 12/04/24 and replied to this on the 2/05/24 disputing claim with the following reasons: 1: [Inadequate Affordability Assessment]: I contend that your institution failed to conduct a thorough assessment of my financial circumstances prior to approving the loan. As a result, the loan amount and repayment terms were not suitable for my income and financial situation. 2: [Unsustainable Repayments]: The repayment schedule imposed by the loan agreement placed an undue burden on my finances, making it impossible for me to meet my other financial obligations without experiencing significant hardship. 3: [Lack of Transparency]: Your institution did not adequately disclose the risks associated with the loan, including any potential increases in interest rates or fees over the loan term. I also added the following: Under the Consumer Credit Act 1974 and the Financial Conduct Authority (FCA) regulations, lenders have a legal obligation to conduct thorough affordability assessments and ensure that loan agreements are suitable for borrowers' circumstances. I hereby request that your institution: 1: Conduct a full investigation into my claim of irresponsible lending. 2: Provide me with copies of all documentation related to the loan application and approval process, including affordability assessments, credit checks, and correspondence. 3: Cease all collection activities related to the loan until this matter is resolved. Yesterday i received the attached reply via email and it included: 1: The Original Loan agreement 2: An account statement 3: A copy of a default notice letter. The email included a link for a direct debit set up page where you enter their reference and your bank account details (looks like a standard D/D set up page) but there is nothing to indicate the amount of the D/D that I might be agreeing to. I also think two days response time is not long enough to appropriately reply. Any thoughts appreciated   Email-compressed.pdf
    • Easy to set one up on Gov.uk , search on Google.
    • Hi London  he doesn’t have government gateway. Should we do it via post?
  • Recommended Topics

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
        • Like
  • Recommended Topics

6 CCA letters ready to go-- few questions, then our progress


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 5217 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

here you go, i take it the ceo is to be found at the address normally found on their letters??

C.E.O. means Chief Executive Officer and yes he will be at the address on the letter

 

Letter to be sent recorded mail so have proof of delivery.

 

This is WHY I do NOT agree with templates. You just basically cut and pasted what I wrote. Even to the extent that spacing between paragraphs are not equal. (Shows tidyness and discipline).

 

Here is an edited version that applies to your case. You will notice that they are in breach of 3 guidelines plus the CCA regulations.

 

Dear Sirs

 

Ref:

 

With reference to the above account, which is currently in dispute with yourselves due to your failure to comply with my request under the Consumer Credit Act 1974 (s.78 ).

 

As a registered debt collection agency you are licensed by the OFT to trade and therefore have promised to abide by guidelines set out by the OFT. Should you fail to abide by the rules and conditions you undertook to obtain your license, I believe it is understood you can be reported to said OFT so that you can be investigated as to whether you are fit to hold said license

 

I refer you to the following from the OFT Guidelines namely:

 

Deceptive and/or unfair methods

2.7 Dealings with debtors are not to be deceitful and/or unfair.

2.8 Examples of unfair practices are as follows:

 

f. passing on debtor details to debt management companies without the

debtors' informed prior consent

 

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 reasonably queried or

disputed debt.

Considering the above, besides the copy of the executed agreement request which you have failed to honour, I am now also demanding a copy of the letter from the original creditor asking for my consent, (in reference to 2.8 f ) and also you must include a copy of my written response to such a request confirming my authority for my details to be passed onto yourselves.

 

You are to note that as you have failed to answer to my s.78 application the law states that the account is in dispute and is unenforceable. Furthermore, in respect of the above paragraph, I require your written response including copies of both letters to reach myself in no longer than 14 days.

 

You are to note that you are currently in breach of all the above guidelines. Furthermore, should you be unable to make available the above requested documents within the stipulated time, then you are acting contrary to the terms and conditions you agreed to abide by when applying for your license. Should this be the case then you are to take this letter as a service of a section 10 of the Data Protection Act 1998 and cease and desist from handling my personal data any further. You are also to take notice that you are to cease and desist from contacting me again and failure of this I will be reporting your company to the OFT for investigation

 

 

Yours sincerely

 

 

and incidentally: Did you send them the letter "failure to abide by a s.77/78 application"??? It is in the templates in the debt collection agency section.

If I have helped you or made you laugh by some witty remark and brightened your day................ the scales to click are over to your left hand side. :D:D

Link to post
Share on other sites

  • Replies 219
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

C.E.O. means Chief Executive Officer and yes he will be at the address on the letter

 

Letter to be sent recorded mail so have proof of delivery.

 

This is WHY I do NOT agree with templates. You just basically cut and pasted what I wrote. Even to the extent that spacing between paragraphs are not equal. (Shows tidyness and discipline).

 

Here is an edited version that applies to your case. You will notice that they are in breach of 3 guidelines plus the CCA regulations.

 

Dear Sirs

 

Ref:

 

With reference to the above account, which is currently in dispute with yourselves due to your failure to comply with my request under the Consumer Credit Act 1974 (s.78 ).

 

As a registered debt collection agency you are licensed by the OFT to trade and therefore have promised to abide by guidelines set out by the OFT. Should you fail to abide by the rules and conditions you undertook to obtain your license, I believe it is understood you can be reported to said OFT so that you can be investigated as to whether you are fit to hold said license

 

I refer you to the following from the OFT Guidelines namely:

 

Deceptive and/or unfair methods

2.7 Dealings with debtors are not to be deceitful and/or unfair.

2.8 Examples of unfair practices are as follows:

 

f. passing on debtor details to debt management companies without the

debtors' informed prior consent

 

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 reasonably queried or

disputed debt.

Considering the above, besides the copy of the executed agreement request which you have failed to honour, I am now also demanding a copy of the letter from the original creditor asking for my consent, (in reference to 2.8 f ) and also you must include a copy of my written response to such a request confirming my authority for my details to be passed onto yourselves.

 

You are to note that as you have failed to answer to my s.78 application the law states that the account is in dispute and is unenforceable. Furthermore, in respect of the above paragraph, I require your written response including copies of both letters to reach myself in no longer than 14 days.

 

You are to note that you are currently in breach of all the above guidelines. Furthermore, should you be unable to make available the above requested documents within the stipulated time, then you are acting contrary to the terms and conditions you agreed to abide by when applying for your license. Should this be the case then you are to take this letter as a service of a section 10 of the Data Protection Act 1998 and cease and desist from handling my personal data any further. You are also to take notice that you are to cease and desist from contacting me again and failure of this I will be reporting your company to the OFT for investigation

 

 

Yours sincerely

 

 

and incidentally: Did you send them the letter "failure to abide by a s.77/78 application"??? It is in the templates in the debt collection agency section.

 

i did try and put my own slant on it but i had to paste some as i'm not up speed with a lot of this yet,

 

 

i sent them the "failure to comply, notice of dispute letter" but one of them is arguing that the signed application form is enforcable

Link to post
Share on other sites

i did try and put my own slant on it but i had to paste some as i'm not up speed with a lot of this yet,
It is not the cut and paste. It is the fact of not adapting something to ones own case. ALL cases are different and therefore one cannot just "copy" but has to adapt to suit that particular case.

 

i sent them the "failure to comply, notice of dispute letter" but one of them is arguing that the signed application form is enforcable

Adapt as needed.

Dear Sirs

 

Your reference:

My reference: Account in dispute.

 

I refer to your letter dated the xx/xx/2009 in which you state that a copy of a signed application form is enforceable.

 

I trust you do know that the Consumer Credit Act 1974 states that it has to be a true copy of an executed agreement and not an application form.

 

An application form can be for anything and to give an example it can be starting for an application for a driving license to an application for a flying license. Submitting a signed application form does not entitle one to do any of the mentioned examples. It is only when one gets the license that it becomes official.

 

Hence, on the basis of the above example, an application form for a credit agreement is simply and solely an application form. An application form can fail for numerous reasons and the creditor does not have to give credit solely because one has made an application.

 

It is once the agreement is executed that it becomes enforceable.

 

Considering the above and as you have failed to send me a copy of a true executed agreement, you have no right to continue acting in the manner you have been doing. The alleged debt is in dispute and will stay in dispute until as such time as you can submit to me a "true copy of the executed agreement". Should you continue to harass me then I will have no other alternative but to ask the OFT to assess as to whether you are fit to hold a credit license.

 

Yours sincerely

 

 

 

Note: Send both letters if possible in seperate envelopes and both recorded. It will give them two problems to be happy with solving. :D

If I have helped you or made you laugh by some witty remark and brightened your day................ the scales to click are over to your left hand side. :D:D

Link to post
Share on other sites

And just in case............

 

Draft letter (edit as deemed fit)

 

Office of Fair Trading

address

address

post code

 

 

date

 

By recorded mail

 

Dear Sirs

 

Ref: Name of DCA

 

I wish to file a very serious complaint in respect of the above mentioned Debt Collecting Agency.

 

Namely, I am attaching copies of my letters sent to them dated the xx/xx/2010 and dated xx/xx/2010. I also attach copies of their subsequent replies.

 

Sirs, you are the goverment appointed body to give consumer credit licences for companys to trade as consumer creditors. You are also the body that has issued guidelines by which these licensed creditors have to abide.

 

In my case I am not interested in any investigation, by your office, as to whether or not the agreement is enforceable. If the Debt Collection Agency deems that the debt is enforceable they have the right to submit a claim with the County Court. I on the other hand, if that is the case, am prepared to challenge the claim and will then abide by any Court order. The simple fact that the Debt Collection Agency keeps harassing me but does not take any legal action, in itself, shows they know that they have no claim.

 

On the other hand, you will notice from my letters to the Debt Collection Agency that they are in breach of not one, but three of your guidelines. I have asked them to abide by your guidelines but it seems they just believe in flaunting them.

 

I therefore ask you to investigate as to why said company, who you granted a license to operate deems it fit to ignore the rules it agreed to be bound by.

 

You are to note, that a copy of this letter (and attachments) is being sent to my MP for his/her attention.

 

Yours sincerely

 

 

 

P.O. Peye

If I have helped you or made you laugh by some witty remark and brightened your day................ the scales to click are over to your left hand side. :D:D

Link to post
Share on other sites

Guest HeftyHippo

Here is an edited version that applies to your case. You will notice that they are in breach of 3 guidelines plus the CCA regulations.

As a registered debt collection agency you are licensed by the OFT to trade and therefore have promised to abide by guidelines set out by the OFT. Should you fail to abide by the rules and conditions you undertook to obtain your license, I believe it is understood you can be reported to said OFT so that you can be investigated as to whether you are fit to hold said license

 

I refer you to the following from the OFT Guidelines namely:

 

Deceptive and/or unfair methods

2.7 Dealings with debtors are not to be deceitful and/or unfair.

2.8 Examples of unfair practices are as follows:

 

f. passing on debtor details to debt management companies without the

debtors' informed prior consent

 

I am now also demanding a copy of the letter from the original creditor asking for my consent, (in reference to 2.8 f ) and also you must include a copy of my written response to such a request confirming my authority for my details to be passed onto yourselves.

 

can I just add something to seek clarification?

 

On the one hand, communication seems to be addressed to a Debt Collection Agency (2nd Para), whilst in the last para, proof of the debtors consent to passing info is requested.

 

2.8f refers to passing info to a Debt Management Company, eg PayPlan. A creditor does not need consent to pass info to a Debt Collector.

 

I don't see how 2.8f applies unless a debt collection company passes info to a Debt Management Company, and I don't think they'd even think of doing so.

 

The letter is contradictory - aimed at a DCA, and asking for proof of consent to having info passed to them, whilst claiming they are breaking a guideline directed at preventing info being passed to a Debt Management Company.

 

Whatever else has been done, a creditor is allowed to pass details of a debt to a debt collector, as long as a debt exists and as long as the Data Protection Act is respected.

Link to post
Share on other sites

 

A creditor does not need consent to pass info to a Debt Collector.

 

Whatever else has been done, a creditor is allowed to pass details of a debt to a debt collector, as long as a debt exists and as long as the Data Protection Act is respected.

A debt cannot be assigned to anybody unless it goes through certain stages:

 

Stage 1: Default notice which must be properly executed

 

Stage 2: Letter of assignment

 

Do not forget that (let us assume), you have defaulted (for whatever reason) and (let us assume) that you get a default notice. Now let us also assume that you have gone over the 14 days of the default notice (say to manage to get the money together). BUT in order to protect your credit rating you decide to sell your wife, your car, your motorbike, your mother in law and you have collected enough money to pay off the debt in full you ALWAYS have first priority with your creditor. (Which obviously your creditor will prefer as selling your debt means a loss). It is when the debtor has lost the right (by long delay) to rectify the breach of agreement that the debt is sold on and then to sell it, there are certain rules/laws that have to be abided.

If I have helped you or made you laugh by some witty remark and brightened your day................ the scales to click are over to your left hand side. :D:D

Link to post
Share on other sites

Guest HeftyHippo

I'm not arguing or disputing any of that. What I'm disputing is the assertion that 2.8f applies to a creditor passing info to a Debt Collection Agency, such as here. That section of the guidelines specifically states "Debt Management Company" and is not applicable to any other entity.

 

However, I'd like to point out that not all debts qualify for Default Notice etc, as they are not all regulated by the CCA eg Council Tax, utility bills, business to business credit, eg shop and wholesaler, but they can still be chased by a DCA. It is also not necessary to assign a debt to employ the services of a DCA.

 

Your reply didn't say whether you agree with what I'm reasserting here (that 2.8f does not apply), and as the Original Poster may not know the difference between a Debt Collection Agency and a Debt Management Company, I thought I'd point it out to him.

 

It might help him or her if you state if you agree or disagree with me on the applicability of 2.8f

 

I don't have anything else to contribute to this thread so am not likely to look at it again, but if you or anyone else choose to disagree with me on this issue of 2.8 not being applicable here, I trust you will give him your reasons so he can evaluate them and come to a decision

 

Best of luck to all

Edited by HeftyHippo
Link to post
Share on other sites

What do you call somebody who contacts you, tells you they have bought the debt (and most probably will lie to you and send you some photoshop constructed letter of assignment) and gives "advise" on what you have to pay every month?

 

Or in short, what is a debt management agency? Somebody who tells you "how much you need to pay in respect of a debt". And any DCA that is their main perogative.

Edited by nick20045
Removed the word: Incidentally

If I have helped you or made you laugh by some witty remark and brightened your day................ the scales to click are over to your left hand side. :D:D

Link to post
Share on other sites

it's for halifax credit cards, and wouldn't 2.8 f apply anyway as they should have all the relevant paperwork (or not) in their possession as they own the debt now anyway

 

so therefore if those letters exist they should be able to provide them for me

 

bear with me i'm very new to all this

Link to post
Share on other sites

Case law:

 

Wilson v First County Trust

 

What was it all about? A woman took out a loan and put her BMW as security.

 

BUT that case is also used for all sorts of unenforceable agreements. Why? Because it is the basics of the agreement that is being enforced.

 

Case law:

 

Ferguson v British Gas

 

What was it all about? A woman was being harassed by loads of "computer generated letters".

 

BUT that case showed that as a "computer is programmed by a person to specific matters" then the company is liable.

 

So all in all, what are DCA's? Debt management companies. Define the word "management" in the English language.

 

So "somebody" is now telling you "how and how much" to "pay per month" towards that debt. And if that "somebody" happens to have bought the debt what difference does it make?

 

For a sheep is not a sheep if it is a wolf in sheeps clothing. Law is to "Mix and match". You could be reading some case law and thing "Oh heck! This does not apply to me BUT there may be one, just one small passage that is relevant to your case and that one passage can swing your case to a win".

If I have helped you or made you laugh by some witty remark and brightened your day................ the scales to click are over to your left hand side. :D:D

Link to post
Share on other sites

right capquest re the halifax account (the supplied app form) seem to have knocked it up a gear now, are they still playing the bluff game??

 

(incidentally will be sending both "app form not good enough" and the "ft guideline" letters from a few posts back today)

 

img040.jpg

 

 

now also in this letter they've offered me £600 discount, payable over 6 months which is nigh on £250 a month

 

would this come under

 

2.6

f. pressurising debtors to pay in full, in unreasonably large instalments,

or to increase payments when they are unable to do so

 

h. ignoring and/or disregarding claims that debts have been settled or are

disputed and continuing to make unjustified demands for payment

 

i think i'm going to add those to my letter

Edited by Gaznkaz08
Link to post
Share on other sites

right capquest re the halifax account (the supplied app form) seem to have knocked it up a gear now, are they still playing the bluff game?? Yes they are.

 

(incidentally will be sending both "app form not good enough" and the "ft guideline" letters from a few posts back today)

 

img040.jpg

 

 

now also in this letter they've offered me £600 discount, payable over 6 months which is nigh on £250 a month

 

would this come under

 

2.6

f. pressurising debtors to pay in full, in unreasonably large instalments,

or to increase payments when they are unable to do so Depends because as far as I understand you are not making payments in the first place. As you are in "dispute" then you are not confirming they are your "creditor" and you are the "debtor".

 

h. ignoring and/or disregarding claims that debts have been settled or are

disputed and continuing to make unjustified demands for payment Yes add it.

 

i think i'm going to add those to my letter

Read between the lines:

 

Costs will be added "if we succeed in obtaining judgement against you". Why was that not worded "once we succeed in obtaining judgement......"??

 

"If" is a very small word but it means a lot.

 

Paragraphs 6 7 and 8 seem to contradict each other.

 

Question for you: Have you ever received any letter from them that was sent registered or recorded post? (Simple Yes or No will suffice).

If I have helped you or made you laugh by some witty remark and brightened your day................ the scales to click are over to your left hand side. :D:D

Link to post
Share on other sites

no never had any recorded mail on any of our debts (that i can remember of)we kind of fell off the radar for a few years as we moved 3 times since 04

 

 

we were making payments then stopped when the account went into dispute

 

still send them to the ceo even though i have my very own personal "handling supervisor" ;)

Edited by Gaznkaz08
Link to post
Share on other sites

no never had any recorded mail on any of our debts we kind of fell off the radar for a few years as we moved 3 times since 04 Do you KNOW that if you had simply just sent the letter back with something like "Not at this address" and not written back to them this year it would have been 6 years and it would have then become statute barred?!!!

 

 

we were making payments then stopped when the account went into dispute Bit confusing. If you "went off the radar" how were you making payments?

 

still send them to the ceo even though i have my very own personal "handling supervisor" ;)

You are so privileged having your own "personal handling supervisor". :D

 

Check pm.

If I have helped you or made you laugh by some witty remark and brightened your day................ the scales to click are over to your left hand side. :D:D

Link to post
Share on other sites

Different route:

 

Did you get served with a default notice by halifax? Have you still got it? Have you checked if it is defective?

If I have helped you or made you laugh by some witty remark and brightened your day................ the scales to click are over to your left hand side. :D:D

Link to post
Share on other sites

Different route:

 

Did you get served with a default notice by halifax? Have you still got it? Have you checked if it is defective?

 

 

might've had one served but i've never had one in my hand, was going to do a SAR if it looked like getting close to court and investigate that avenue of this didn't work

Link to post
Share on other sites

might've had one served but i've never had one in my hand, was going to do a SAR if it looked like getting close to court and investigate that avenue of this didn't work

 

Quite entitled to do a SAR at any point, although I have had a couple now where the SAR has not resulted in a copy of the DN being supplied (although issued previously). Although the Comms Log will give you date sent/issued.

 

Asking for the SAR has no bearing or relevance on CPR requests further down the line as the two are quite apart from each other - so if the £10 is not an issue i'd say do it anyway! You may be surprised at what you find out ;).

 

M

Edited by MandM
Added

 

Link to post
Share on other sites

By any chance, (have read back a few posts to recall what this is about) did you ever make a cca application?

 

If yes did you get a copy? If NO then maybe you may wish to send a "personal" letter to your "personal advisor" Marcus Butterworth and ask for a copy. Just to remind him that you feel "unloved as he has not written back to you for some time". :D:D

 

Regarding what was in your original post (before you edited) I would not worry about them. What I am looking for here is a total wipeout of the debt (providing the cards keep falling as they are). ;);) Obviously, a total wipeout will mean that not only your original debt is cleared but they are as well.

 

If you get any "love letters" please post so we know what is going on.

If I have helped you or made you laugh by some witty remark and brightened your day................ the scales to click are over to your left hand side. :D:D

Link to post
Share on other sites

By any chance, (have read back a few posts to recall what this is about) did you ever make a cca application?

 

If yes did you get a copy? If NO then maybe you may wish to send a "personal" letter to your "personal advisor" Marcus Butterworth and ask for a copy. Just to remind him that you feel "unloved as he has not written back to you for some time". :D:D

 

Regarding what was in your original post (before you edited) I would not worry about them. What I am looking for here is a total wipeout of the debt (providing the cards keep falling as they are). ;);) Obviously, a total wipeout will mean that not only your original debt is cleared but they are as well.

 

If you get any "love letters" please post so we know what is going on.

 

 

yes i CCA'd them and received an application form and 2 different sets of t&c

 

http://i131.photobucket.com/albums/p316/Gee-dub-ya/replies/img022-1-1.jpg

 

this last letter from them crossed my what i would class as my "final word on the subject letter" then in reply to this they got "our" OFT guidlines letter and the definition of an application from one you gave me

 

my edited post i put as a seperate thread hoping it wouls get few more replies as thing seem to get lost this far into a thread sometimes

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/242604-difference-defaulted-statements-amount.html

 

also to note is we have an almost an identical "alleged" debt with capquest same OC same CC in the wifes name but all she'd had is the app form and t&c thats it no big squeeze but it might be get complicated pretty quickly

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/241985-mis-sold-ppi-claimed.html

 

so far capquest are denying any payment so we need to speak to halifax direct tomorrow as they've said in a letter it has been credited to the defaulted account.

Link to post
Share on other sites

yes i CCA'd them and received an application form and 2 different sets of t&c

 

http://i131.photobucket.com/albums/p316/Gee-dub-ya/replies/img022-1-1.jpg

No problem. Can add it to a challenge later on.

this last letter from them crossed my what i would class as my "final word on the subject letter" then in reply to this they got "our" OFT guidlines letter and the definition of an application from one you gave me

You mean they have not replied to you!!!!!!!!! How naughty of them and nasty of them. :D:D Your own "personal advisor" has not written!!!!!!!! Yo!!!!!!!!! Would that mean "you have been dumped"???????? :D:D:D

my edited post i put as a seperate thread hoping it wouls get few more replies as thing seem to get lost this far into a thread sometimes

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/242604-difference-defaulted-statements-amount.html

I would not really bother. Read pm.

 

also to note is we have an almost an identical "alleged" debt with capquest same OC same CC in the wifes name but all she'd had is the app form and t&c thats it no big squeeze but it might be get complicated pretty quickly

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/241985-mis-sold-ppi-claimed.html

Do not worry. Most are similar except have to adapt to different information.

so far capquest are denying any payment so we need to speak to halifax direct tomorrow as they've said in a letter it has been credited to the defaulted account.

Do not speak. You write.

 

Tip: Write like a solicitor. You askl, You question. You never confirm or give any information that can be used against you later on. In short, when you write read it and think............ can any of this be used against me later on??? If not then ok. If yes then amend letter.

If I have helped you or made you laugh by some witty remark and brightened your day................ the scales to click are over to your left hand side. :D:D

Link to post
Share on other sites

No problem. Can add it to a challenge later on.

You mean they have not replied to you!!!!!!!!! How naughty of them and nasty of them. :D:D Your own "personal advisor" has not written!!!!!!!! Yo!!!!!!!!! Would that mean "you have been dumped"???????? :D:D:D

 

they only received the oft and app letters on 13/01/10, but they did have my final word on the 04/01

 

I would not really bother. Read pm.

 

Do not worry. Most are similar except have to adapt to different information.

i can understand that , not that i want them to but i can't understand why they aren't playing hardball with the wifes account, unless they've had a nice little ppi payment recently that they are keeping hush about

 

Do not speak. You write.

will only be calling halifax to see if they've definitely paid it off the acc with capquest

 

Tip: Write like a solicitor. You askl, You question. You never confirm or give any information that can be used against you later on. In short, when you write read it and think............ can any of this be used against me later on??? If not then ok. If yes then amend letter.

i'm not too bad at writing /composing letters but am still pretty green around the gills with all the legality side of things, and as you say dropping myself in it, lol

Link to post
Share on other sites

  • 2 weeks later...

robinson way have been phoning 2-3 times a day for the last week or so, I have knocked this letter up for them

Dear Sirs

 

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

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

 

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.

 

As a registered debt collection agency you are licensed by the OFT to trade and therefore have promised to abide by guidelines set out by the OFT. Should you fail to abide by the rules and conditions you undertook to obtain your license, I believe it is understood you can be reported to said OFT so that you can be investigated as to whether you are fit to hold said license

 

I refer you to the following from the OFT Guidelines namely:

 

Physical/psychological harassment

2.5 Putting pressure on debtors or third parties is considered to be oppressive.

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

 

 

Deceptive and/or unfair methods

2.7 Dealings with debtors are not to be deceitful and/or unfair.

2.8 Examples of unfair practices are as follows:

 

f. passing on debtor details to debt management companies without the

debtors' informed prior consent

 

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 reasonably queried or

disputed debt.

Considering the above, besides the copy of the executed agreement request which you have failed to honour, I am now also demanding a copy of the letter from the original creditor asking for my consent, (in reference to 2.8 f ) and also you must include a copy of my written response to such a request confirming my authority for my details to be passed onto yourselves.

 

In respect of the above paragraph, I require your written response including copies of both letters to reach myself in no longer than 14 days.

Also as you have advised me by letter on numerous occasions that you cannot obtain a signed executed agreement as i requested under the legislation contained within s.78 (1) Consumer Credit Act 1974 (s.77 (1) for rolling sum credit ) the law states this account is in dispute and therefore unenforceable and has been since 19/11/09.

You are to note that you are currently in breach of all the above guidelines. Furthermore, should you be unable to make available the above requested documents within the stipulated time, then you are acting contrary to the terms and conditions you agreed to abide by when applying for your license. Should this be the case then you are to take this letter as a service of a section 10 of the Data Protection Act 1998 and cease and desist from handling my personal data any further. You are also to take notice that you are to cease and desist from contacting me again and failure of this I will be reporting your company to the OFT for investigation

 

Yours faithfully,

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...