phoeni/ Els and Cole Sols claimform - HSBC credit card **WON _ DISC'D**

[Brassed off]

Personally if I was sure I didn't owe someone anything and had never been in a contract with then I would send a letter pointing it out, with 14 days to reply and then I would be taking court action

 

Kris, usual sound advice from Gizmo there;)

 

See, I told you someone with more experience would be able to advise you better!

 

Oh well, I tried:)

[kp278]

i think the default was registered a couple of months ago. i have had the usual letters from the DCA, but they dried up after i sent the CCA request.

 

off to bed now as its my sons birthday in the morning and need to be up at 7 to get ready to go to paultons park. 4hrs sleep? kids theme park? its gonna be hell.

[Brassed off]

i think the default was registered a couple of months ago. i have had the usual letters from the DCA, but they dried up after i sent the CCA request.

 

off to bed now as its my sons birthday in the morning and need to be up at 7 to get ready to go to paultons park. 4hrs sleep? kids theme park? its gonna be hell.

 

 

Hee hee - rather you than me;) . Do what Gizmo says and send the letter, then post back here and let us know the result:)

 

Have fun!

[gizmo111]

Kris can you scan me demands from the DCA to [email protected]

[diskmandave]

Sleep is a great thing!!

 

CCA Non-Compliance letter...

This letter is a complaint as set out in Barclaycard Complaint Resolution Procedure.

 

Dear Sirs,

 

I refer to the above mentioned account, and with reference to my letter dated29th June 2007 sent by recorded delivery and received by you on 1st July 2007.

 

I wrote to you on the 29th June 2007 by recorded delivery requesting an original signed copy of the original credit agreements and as such I enclosed a chequemade payable to yourselves for the sum of £1. This represented the legal requirementof payment for the request. I have evidence and can prove you have cashed the cheque in which I sent. You have failed to provide me with my written request which I have a legal right to ask for. In essence you have taken payment but failed to supply me with

my request. This constitutes an offence in Section 78(6)(b) Of the Consumer Credit Act, and as such you are in default and the agreements are now totally legally unenforceable.

 

As such, I would point out your obligation under the Consumer Credit Act is as follows; s78(6) If the creditor under an agreement fails to comply with subsection (1)--

(a) he is not entitled, while the default continues, to enforce the agreement; and

(b) if the default continues for one month he commits an offence.

The time limits, which are laid down in the Consumer Credit (Prescribed Periods for Giving Information) Regulations 1983 are clear. You must supply an executed credit agreement within 12 working days of a proper CCA request. If you fail to comply with a legitimate request the account enters a default situation and if you fail to comply after a further 30 days you commit an offence. You entered into a default on 20th July 2007 and subsequently committed an offence on 21st August 2007.

 

Please be advised that payment has been ceased and the accounts are formally disputed. Any further actions from you, will be both vigorously defended and contested.

 

I look forward to your co-operation and due diligence in this matter.

 

Yours faithfully,

 

 

Edit to suit..

 

Best wishes, Dave.

[kp278]

Kris can you scan me demands from the DCA to [email protected]

nope, as i dont have a scanner. they're all the same i think so ill consider writing one out.

[kp278]

hi buzby, which details do i need to provide?

[rory32]

As the OP has not provided any further details, the whole subject is kinda academic.

These are all the details required.

hi, it's for a credit card with halifax.

[buzby]

These are all the details required.

 

Too cryptic for me. What detals could you provide for a CC that you have never taken out?

[buzby]

hi buzby, which details do i need to provide?

 

IF you've never taken out an agreement with the Halifax, and the DCA are wanting you to provide personal information to confirm or deny an arrangement exists, it would be up to them to provide you with information that will satisfy YOU that an agreement existed, not that you have to tell them everything in order for them to decide whether the debtor is you or not!

[kp278]

As the OP has not provided any further details, the whole subject is kinda academic.

hi buzby, when you said "OP" i took that to mean me and that i needed to post further details on the thread to aid assistance- did i misunderstand?

[kp278]

should i be jumping in now with the "dca has commited an offence" card before they start disputing the cca request?

[kp278]

hi, my other thread

 

http://www.consumeractiongroup.co.uk/forum/general-consumer-issues/111878-collection-agency-advising-cca.html

 

please can you post in the other thread from here on in

[kp278]

hi, some more on my other thread

 

http://www.consumeractiongroup.co.uk/forum/debt-collectors-debt-collection/112092-what-do-after-not.html#post1099058

[buzby]

hi buzby, when you said "OP" i took that to mean me and that i needed to post further details on the thread to aid assistance- did i misunderstand?

 

No, you're fine - but the issue is whether you actually had a credit card that was your responsibility. From memory, you said you hadn't, so that trumps any actions for a CCA or SAR request. If it's nothing to do with you, that's and end to the matter, they have to prove it is you, and you're denial means they'll have to find the right person instead. They need to prove it was you, not you to prove that you weren't!

[kp278]

ok thats cool thanks

[NitrousOxide]

I agree with that,

Don't go around CCA'ing if you never had an account it serves little purpose other than comparing signatures.

[rory32]

If you do not recognise the debt I would tend to advocate that you send a letter similar to the one below rather than just send a CCA request (you can leave that for later if need be).

 

Your home address)

_________________

_________________

Date: ____________

 

 

To: ______________

__________________

 

Dear Sir/Madam

 

Account no:

 

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

 

I/we would point out that I/we have no knowledge of any such debt being owed to (insert company name).

 

I am/we are familiar with the Office of Fair Trading Debt Collection Guidance 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/we 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. 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/we would ask that no further contact be made concerning the above account unless you can provide evidence as to my/our liability for the debt in question.

 

I/we await your written confirmation that this matter is now closed. Otherwise I will have no option but to make a complaint to the trading standards department and consider informing the OFT of your actions.

 

I/we look forward to your reply.

 

Yours faithfully

 

 

 

(Your Name) Print do not sign.

[kp278]

i like that. i havent heard from the cca since they said the cca doesnt apply to credit cards, so i think ill sit tight for the time being.

[2Grumpy]

They have to prove that it is your debt and that they are entitled to collect it

 

You don't have to do anything or help them in any way until they have done so

[kp278]

just remembered, i cant sit tight on this as the dca has entered a default against my name. to have it removed should i:

 

a) write to the appropriate people advising that the DCA has commited an offence by not supplying a CCA, and then push the DCA to have it removed; or

 

b) play nice, use the letter above and go with the "you have the wrong person, please remove the default."

 

i dont think DCAs understand the term "play nice". what do you think i should do? myself and experian have asked them to remove the default but they wont do it as they say i own them £x amount.

[buzby]

Logically, if you have no knowledge of it, you contact the CRA and ask them to remove the entry as it does not relate to you. It is up to them to seek clarification from those who placed it there.

[rory32]

As you will have found out CRA's will only remove information if the company agree to it. I would send the above letter and also mention the default. If you don't get the response you want send them a Data Protection Act Section 10 notice and ask for a copy of their complaints procedure.

[kp278]

hi rory, your letter didnt really hit the nail on the head (ive had no contact from the dca) so ive drafted this letter (mostly taken from another post). should i add/change anything, or add something in about confirming that the account is closed/balance is nil/etc? and should i sign such letter? thanks!

 

 

Me

My address

 

 

 

September 8th 2007

 

 

Thames Credit Limited

PO Box 444

Bromley

Kent

BR1 1ZB

 

 

Dear Sir/Madam

 

Re:− Agreement Number x, Your Reference Number x

 

I refer to my letter dated June 1st 2007 in which I made a formal request under the Consumer credit act 1974 sec 77-79 for true copies of the regulated credit agreements refered to in the above account numbers. You are reminded that you are obliged to supply these under sec.189 whether you are the original creditor or not and there is no time limit with respect to the requirements of the Consumer Credit Act. I also enclosed the statutory fee of £1.00 for each account.

 

To date you have failed to comply with my statutory request and have defaulted in respect of the above account. This means that under the CCA you have now committed an offence punishable upon conviction, by a fine of £2,500 or 3 months imprisonment.

 

Additionally these alleged agreements are unenforceable until such time as the default is removed or enforced by a court of law. It is a further offence to attempt to enforce these alleged agreements until such time as the default is removed.

 

Consequently I am requesting that you remove the default that has been placed upon my credit file.

 

It is also my intention to report this matter to the appropriate enforcement authority.

 

I await your prompt response.

 

 

Yours faithfully,

 

 

Me

[kp278]

hi, can anyone advise on my letter? thanks, kris