Robinson Way - Still chasing after account put in dispute

[penmarine]

Hi CAGGERs, I have another thread on here which is getting congested with large amounts of c*&p from various DCAs/OCs, got this letter off Robinson Way today, see Below.

 

"We refer to your recent request that we cease collection of this account as we are unable to provide the documentation that you have requested. The fact that we are unable to obtain this documentation does not mean the debt does not exist or that we are not entitled to pursue you for the sums outstanding. Your data will continue to be processed in lin with the principles of the Data Protection Act 1998 and the account will continue to be reported to credit reference agencies, where appropriate. If you neglect to make payment to us, further action may be taken against you. We require your payment proposals with 14 days."

 

I was under the impression if there was no CCA, it was unenforceable and that they could not process my data. Robinson Way obviously beg to differ.

 

The account was put in dispute on the 22 July 10, is there another letter that I can send to say do one, the Account has already been put in dispute? And should I write to anyone else to get them to stop my data being processed. Thanks PM

[harrassed senior]

You could adapt the following letter, but you are safe in the knowledge that you hold the above in writing and they would be stupid to proceed to Court, so just keep an eye on their letters, but ignore.

 

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 suplied.

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:

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 supplied Agreement is unenforceable 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

[penmarine]

Hi HS, thanks for the letter, will amend to suit and mug them off. Cheers PM

[PGH7447]

Robbingscum way are correct the debt still exists, its just that the fools dont realise they cant collect on it

[penmarine]

Robbingscum way are correct the debt still exists, its just that the fools dont realise they cant collect on it

 

Hi PGH you recommend I just ignore the letters then and not reply?

[PGH7447]

That's what I did, and every year they try again, soon be stat barred:D