repayment programs

[cerberusalert]

Send them the letter below & make a complaint to Trading Standards & the OFT;

 

Account In Dispute

 

Ref:

 

 

 

Dear Sir/Madam

 

 

 

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

 

You have failed to respond to my legal request to supply me a true copy of the original Consumer Credit Agreement for the above account.

On **DATE** I made a formal request for a true signed agreement for the alleged account under consumer credit Act 1974 s77/8. A copy of which is enclosed for your perusal and ease of reference.

 

You have failed to comply with my request, and as such the account entered default on **DATE**.(12+2 days after you sent the CCA request)

 

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.

 

The document that you are obliged to send me is a true copy of the executed agreement that contained all of the prescribed terms, all other required terms and statutory notices and was signed by both your company and myself as defined in section 61(1) of CCA 74 and subsequent Statutory Instruments. If the executed agreement contained any reference to any other document, you are also obliged to send me a copy of that document.In addition a full statement of this account should have been sent to me detailing all debits and credits to the account.

 

Furthermore;

 

You are aware that the Consumer Credit Act allows 12 working days for a request for a true copy of a credit agreement to be carried out before your client enters into a default situation. This limit has expired

 

As you are no doubt aware section 77(6) states:

 

If the creditor fails to comply with Subsection (1)(a) He is not entitled , while the default continues, to enforce the agreement.Therefore this account has become unenforceable at law.

 

As you have Failed to comply with a lawful request for a true, signed copy of the said agreement and other relevant documents mentioned in it, Failed to send a full statement of the account and Failed to provide any of the documentation requested, any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS. Furthermore I shall counterclaim that any such action constitutes unlawful harassment.

 

Please note you may also consider this letter as a statutory notice under section 10 of the Data Protection Act to cease processing any data in relation to this account with immediate effect. This means you must remove all information regarding this account from your own internal records and from my records with any credit reference agencies.

 

Should you refuse to comply, you must within 21 days provide me with a detailed breakdown of your reasoning behind continuing to process my data. It is not sufficient to simply state that you have a ‘legal right’; You must outline your reasoning in this matter and state upon which legislation this reasoning depends. Should you not respond within 21 days I expect that this means you agree to remove all such data.

 

Furthermore you should be aware that a creditor is not permitted to take ANY action against an account whilst it remains in dispute.

The lack of a credit agreement is a very clear dispute and as such the following applies.

 

* You may not demand any payment on the account, nor am I obliged to offer any payment to you.

* You may not add further interest or any charges to the account.

* You may not pass the account to a third party.

* You may not register any information in respect of the account with any credit reference agency.

* You may not issue a default notice related to the account.

 

I reserve the right to report your actions to any such regulatory authorities as I see fit. You have 21 days from receiving this letter to contact me with your intentions to resolve this matter which is now a formal complaint. I therefore request a copy of your official complaints procedure which you are obliged to supply.

I would appreciate your due diligence in this matter.

I look forward to hearing from you in writing.

 

 

Yours faithfully,

Print name do not sign

[garythai]

thanks for reply so soon now i am lost, should i send this back to AIC or rbs plus it is not yet 12+2 days since i sent the first letter for the cca request has happened yet so i am not sure a defualt on their, this legal jargon blows me apart or do you mean the 12+2 days will be up by the time they get this next letter, also as they are acting for rbs is it correct they should be dealing with this.

sorry for not understanding much of this thanks for your advice i await your reply befor i start typing

regards gary.

[cerberusalert]

Send it to AIC, it is their responsibility under CCA 1974 to provide you with a 'True copy' of the agreement. It'll be after Xmas now before you hear anything anyway.

[garythai]

hi guys where can i find a copy of the cca act s77/8 to include with letter or is it the underlined section

cheers

gary.

[cerberusalert]

The relevant sections of the Act are the ones underlined.

[garythai]

thank you again

gary.

[garythai]

hi guys hope you all had a good festive season, here we go again with the normal stuff.

after sending AIC the letter you advised, i have today recieved this latest reply from them it is basicly the same as the one i posted from them earlier so i am now a bit confused and starting to worry again. i will attemp to upload their latest offering,hope this works.

[garythai]

User Media - TinyPic - Free Image Hosting, Photo Sharing & Video Hosting

[garythai]

iam sorry i don't know weather you can access this, please let me know and i will try again

thankyou gary,

[garythai]

hi did anyone manage to see letter on tiny pic ?

[cerberusalert]

Make a complaint to your local Trading Standards & the OFT. Under CCA 1974 it is AICs responsibility to provide you with a copy of the CCA.

 

Consumer Direct - Contact us

 

OFT Complaint form

http://www.oft.gov.uk/shared_oft/business_leaflets/consumer_credit/DebtCollectionComplaintForm.DOC

 

Contact us - The Office of Fair Trading

 

[email protected]

 

 

tel: 020 7211 5823

 

The Office of Fair Trading: Debt collection practices

 

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

[garythai]

thank you very much, i will start filling this in straight away, do i need to let AIC know what is going on as i am sure they will be in contact soon if i do not reply to their lattest letter

[garythai]

hi guys do i need to let AIC know i have sent in a complaint as i have read the FAQ on the oft site and it said they will not deal with individual disputes, what do i do when the next AIC letter comes ?

any help much again appreciated.

gary.

[babybear39]

You need to make your complaint via consumer direct who will then field it to your local Trading Standards and also report it the OFT for you (request that). The OFT only deal with multiple complaints not individual complaints. See the requirements imposed on 1st credit here

[garythai]

hi guys , back again, allied international have just rang me, this is the first contact since the last letter , they have now changed their tune they are saying they do not own the debt but are working for RBS they are now offering me 3 options 10% of outstanding debt and then a monthly payment till finish, 5 years of payments to finnish of debt or reduced settlement figure htey have given me 48 hrs to make a decision. i asked them to send me these options in writing but they said they would only send me a letter when i have chosen one of the options.

can anyone please give me some advice of what to do now.

thankyou for any advice in advance.

regards

gary

[garythai]

just been having a look around seems its not only me having hassle with AIC

by the way forgot to mention my work contract finishes end of april so i will be unemployed and i cannot afford any of these options at present

thanks again

gary

[garythai]

hi just got the latest letter from AIC hope this link will work, any advice much appreciated,

[garythai]

http://i45.tinypic.com/14ub4ac.jpg

hope you can see this

[garythai]

http://i45.tinypic.com/14ub4ac.jpg

hope you can see this

this letter is dated 19th feb but i only recieved it on the 5th march

[cerberusalert]

Send them this;

 

Account In Dispute

 

Ref:

 

 

 

Dear Sir/Madam

 

 

 

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

 

You have failed to respond to my legal request to supply me a true copy of the original Consumer Credit Agreement for the above account.

On **DATE** I made a formal request for a true signed agreement for the alleged account under consumer credit Act 1974 s77/8. A copy of which is enclosed for your perusal and ease of reference.

 

You have failed to comply with my request, and as such the account entered default on **DATE**.(12+2 days after you sent the CCA request)

The document that you are obliged to send me is a true copy of the executed agreement that contained all of the prescribed terms, all other required terms and statutory notices and was signed by both your company and myself as defined in section 61(1) of CCA 74 and subsequent Statutory Instruments. If the executed agreement contained any reference to any other document, you are also obliged to send me a copy of that document.In addition a full statement of this account should have been sent to me detailing all debits and credits to the account.

 

Furthermore;

 

You are aware that the Consumer Credit Act allows 12 working days for a request for a true copy of a credit agreement to be carried out before your client enters into a default situation. This limit has expired

 

As you are no doubt aware section 77(6) states:

 

If the creditor fails to comply with Subsection (1)(a) He is not entitled , while the default continues, to enforce the agreement.Therefore this account has become unenforceable at law.

 

As you have Failed to comply with a lawful request for a true, signed copy of the said agreement and other relevant documents mentioned in it, Failed to send a full statement of the account and Failed to provide any of the documentation requested, any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS. Furthermore I shall counterclaim that any such action constitutes unlawful harassment.

 

Please note you may also consider this letter as a statutory notice under section 10 of the Data Protection Act to cease processing any data in relation to this account with immediate effect. This means you must remove all information regarding this account from your own internal records and from my records with any credit reference agencies.

 

Should you refuse to comply, you must within 21 days provide me with a detailed breakdown of your reasoning behind continuing to process my data. It is not sufficient to simply state that you have a ‘legal right’; You must outline your reasoning in this matter and state upon which legislation this reasoning depends. Should you not respond within 21 days I expect that this means you agree to remove all such data.

 

Furthermore you should be aware that a creditor is not permitted to take ANY action against an account whilst it remains in dispute.

The lack of a credit agreement is a very clear dispute and as such the following applies.

 

* You may not demand any payment on the account, nor am I obliged to offer any payment to you.

* You may not add further interest or any charges to the account.

* You may not pass the account to a third party.

* You may not register any information in respect of the account with any credit reference agency.

* You may not issue a default notice related to the account.

 

I reserve the right to report your actions to any such regulatory authorities as I see fit. You have 21 days from receiving this letter to contact me with your intentions to resolve this matter which is now a formal complaint. I therefore request a copy of your official complaints procedure which you are obliged to supply.

I would appreciate your due diligence in this matter.

I look forward to hearing from you in writing.

 

 

Yours faithfully,

Print name do not sign

[garythai]

hi guysa quick response from AIC this time, they are still saying they are unable to comply with my CCA request.

Is there another letter i can send them saying if they are acting for RBS it is their responsibility to obtain this, i get worried when this just gets left in limbo for a while, they seem to be getting a little annoyed with me, see bottom of letter i post next

I'm sure if it was still down to RBS they would have been on my case long before now, so has it been sold ? or are AIC trying to blag it ?

Again many thanks for all your help in this matter.

Best regards

gary.

 

Edited March 13, 2010 by garythai

[garythai]

Edited March 13, 2010 by garythai

[garythai]

[garythai]

sorry had a bit of trouble getting this here anyway i welcome your suggestions

gary.

[cerberusalert]

Just ignore them for now, you've sent the 'In dispute' letter and it will remain so until they comply. They are now in breach of CC 1974 & you could complain to the Trading Standards, OFT & the FSA because of their refusal.