Creation/Irwin 1a small claim Summons old BOS then GE Money Joint Loan *WON*

[buzby]

I'm not well up on Debt issues - others may be more up to speed, as there's not too much difference between Scotland and England, but irrespective of their response - that they are 'not required' to provide this information, your tack is that it would be in their best interests to do so as - if they cannot prove satisfactorily to you that they have an agreement with you, they most likely cannot do it in Court.

 

Another point, the Debt Collectors are only the monkeys in the game - you need to deal with the organ grinders - the original finance house. So ask THEM for a copy of hte agreement as you "have a genuine wish to sort this problem amicably, but you hands will be tied if they cannot comply with your request". (Meaning, you'll tell them to sod off and stand your ground). It'll take will-power, but you may find they've sold the debt on, and the DCA is just milking you until you dry up....

[buzby]

Why not tell them that it is their decision to disregard the information you have provided, and leaves them open to a formal complaint of harassment.

 

You should also add that as the original customer of their client, you have not had the benefit of receiving a a 'true' copy of the executed CCA regulated agreement, one that neither bears your signature, nor indeed any signature. Therefore, it does not meet the requirements laid down by the Act, and you recommend that they do more than blindly accept the erroneous assertion from Creation.

 

You advise that due to this non-compliance, the debt is still disputed, and should they continue to attempt to harass you, you will have no hesitation advising the Regulator of their unwillingness to adhere to industry guidelines.

 

Before they (WM) attempt to continue their involvement in this matter, you urge that they too may wish to seek that verifiable proof of such an agreement physically exists, as you have been singularly unsuccessful in obtaining this.

 

In the absence of such proof, WM should be advised that the account will remain in dispute until the relevant documents are provided, and to cease all communications with you until the relevant documentation is provided.

 

Send it by the Signed For Royal Mail service, keep a copy, and stable the posting receipt to it.

[buzby]

Try this:

 

Further to your letter dated 12th May 2009, A/c reference: XXXXXX

I am afraid I cannot accept your decision your decision to disregard the information I provided to you regarding the non-compliance of your client to provide a 'true copy' of the CCA agreement pertaining to the above account.

I must re-iterate that I have not had the benefit of receiving a “true signed copy” of the executed CCA regulated agreement, one that neither bears my signature nor indeed any signature. Therefore, it does not meet the requirements laid down by the Act, I would respectfully suggest that you do more than blindly accept the erroneous assertion from Creation Financial Services

Due to CFS's ongoing non-compliance, the debt remains disputed, and should you continue to attempt to harass me, I shall have no hesitation advising the Regulator of your unwillingness to adhere to industry guidelines.

I would suggest that before you attempt to continue your involvement in this matter, you may also wish to seek that verifiable proof of such an agreement physically exists, as I have been singularly unsuccessful in obtaining this.

In the absence of such proof, you should be advised that the account will remain in dispute until the relevant documents are provided. Additionally, I call upon you to cease pursuing me in this matter until the relevant documentation is provided. Failing this, it will leave me no option but to raise a formal complaint against your company with the relevant authorities.

Yours sincerely,

[buzby]

It worked! Looks fine as far as it goes - apart from the date! I'm assuming it has been signed by the applicant?