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old debt seeking new info


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several years ago I got a letter from a dca about my abbey current account,like a fool I :-?did not query this and have been making nominal payments on the account to 2 dca,s.after reading some of the threads here and thinking about it,the only thing it could be is an overdraft but this has never been mentioned in any letters ,its always your current account,can i do anything about this or is it too late.I dont really know what the debt is .

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several years ago I got a letter from a dca about my abbey current account,like a fool I :-?did not query this and have been making nominal payments on the account to 2 dca,s.after reading some of the threads here and thinking about it,the only thing it could be is an overdraft but this has never been mentioned in any letters ,its always your current account,can i do anything about this or is it too late.I dont really know what the debt is .

 

Ask for full details to be supplied of what debts the payments relate to by sending a letter to both DCA's. Send by recorded delivery. In the letter, advise them that you will stop the payments, unless full details are supplied within 14 days. If they don't reply, cancel the payment authority at your bank.

 

You should have received a letter from your bank telling you which DCA they had assigned the debt to. If you haven't received a letter or have lost it, you could write to them to ask them.

 

Check your credit record. This should show the debts and who they are currently assigned to.

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yep of course you can send them the prove it letter. this will at least show what the debt is..how much etc..and whether they have the right to even collect on it

Date: xx/xx/xx

 

Dear Sir/Madam

 

You have contacted me regarding the account with the above reference number, which you claim is owed by myself.

 

I would point out that I have no knowledge of any such debt being owed to xxxxxxx.

 

I am are familiar with the CPUTR 2008 and the Office of Fair Trading's Guidance on debt collection, which states that it unfair to send demands for payment to an individual when it is uncertain that they are the debtor in question.

 

I would also point out that the OFT say under the Guidance that it is unfair to pursue third parties for payment when they are not liable. AND in not ceasing collection activity whilst investigating a reasonably queried or disputed debt you are using deceptive/and or unfair methods.

 

Furthermore ignoring and/or disregarding claims that debts have been settled or are disputed and continuing to make unjustified demands for payment amounts to physical/psychological harassment.

 

I would ask that no further contact be made concerning the above account unless you can provide evidence as to my liability for the debt in question.

 

I await your written confirmation that this matter is now closed. Otherwise I will have no option but to make a complaint to Trading Standards and also inform the Office Of Fair Trading of your actions.

 

I look forward to your reply.

 

Yours faithfully

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send em this

ACCOUNT IN DISPUTE

 

Date:

 

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. This was signed for as delivered on the **DATE**

You have failed to comply with my request, and as such the account entered default on **DATE** (12+2 days after you made the initial 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 you/your client enters into a default situation.

 

This limit has expired.

 

As you are no doubt aware section 78(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. You will also be aware of the CPUTR 2008 and the OFT's guidelines on debt collection which state under the title Deceptive and/or unfair methods - Examples of unfair practices are as follows - 2.8

 

(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 reasonable queried or disputed debt'

 

Consequentially 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 14 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 14 days from receiving this letter to contact me with your intentions to resolve this matter which is now a formal complaint.

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.

 

I would appreciate your due diligence in this matter.

 

I look forward to hearing from you in writing.

 

Yours faithfully

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Putupon12.Hi...... you will find CCA does not cover your bank account,you state you have a multifunction card as well which will be covered by CCA as long as this is a credit card account...............to obtain all details regarding your bank account you will need to send a SAR.more important at this stage you will need to determine from each DCA,what account they are referring to and to prove the debt is yours.....FS

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Hi fisrstship.

I have been paying this nominal amount,I requested a cca and they sent me copies of application forms and claimed this satisfied the cca request.so it seems they dont either,so i will send a SAR is there a template letter for this anywhere.

thanks for your imput.

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there is a library template on this site for SAR a good one.............sorry only begining to get to grips with the new format of CAG site,however I am sure you will find it..........by the way when you submit your SAR they are supposed to send all data they hold,they rarely do ,so those specific items items you require as well as statements etc make sure you list them so there is no excuse.......FS

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  • 6 months later...

finally got copy statements for 2001/2003 a computer list of phonecalls and letters sent,thats all .written back to them telling them they are quite short with the information sent.In this short period there are charges amounting to £1650,21 of this there are 21 charges of £32.00 in fees for the final month.there are pleanty of other things wrong as well, £1500 in duplicate payments,The account is with a dca at the present.If I try to recover these charges can they pull the account back from the dca and start charging interest again.

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