12 Days plus 2

[BRIGADIER2JCS]

Yes use the account in dispute letter from the CAG library

( green tab top LH side of forum)

Always head I do not acknowledge any debt to you or any

company you claim to represent.

Any lawful request for documents or information is

not an acknowledgement of liability.

 

Brig.

[dive1082]

Many thanks indeed Brig, I'll get them off tomorrow.

[dive1082]

Hi all,

 

I have sent this letter today to the DCA's and will keep you updated of their response.

 

 

"Dear Sir/Madam,

RE: ACCOUNT IN DISPUTE − Account/Reference Number

 

Thank you for your letter, 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 XXXXXXXXXI made a formal request for a true signed agreement for the alleged account under consumer credit Act 1974 s77/78. This was acknowledged by you in your recent letter.

You have failed to comply with my request, and as such the account entered default on 06th December 2011.

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 currently 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.

 

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 look forward to hearing from you. This should be in writing; I have no wish to correspond by telephone.

 

[dive1082]

Dear all,

 

After sending the letter to the DCA's telling them that they haven't provided me with the copy of the agreement within the timescale, I have received 5 letters (all identical) from one of them. The letters go like this:

 

"Dear XXXX"

 

We are waiting for your credit agreement

 

I am afraid we have not received a copy of your credit agreement from XXXXX yet. They are still trying to retreive it from their archives. We have placed your account on hold until we receive further information.

 

When we have received it from them, we will post it to you straight away.

 

We won't write to you again until we have the agreement but if you have any questions in the meantime please call us on XXXXXXXXX"

 

 

So, does anyone know what I can do now? They have failed to provide it within the legal time frame.

 

Thanks all

[silverfox1961]

The ball is in their court now. I would now forget them until they come up with the goods (if ever)

[dive1082]

Hi all,

 

Does anyone know how I would go about trying to get these removed from my credit file? Is this possible? This is the bit I am interested in as it will make no real difference if it stays on my file even if I pay it or not.

 

I don't know what the process is now that the DCA have failed their statutory duty.

 

Anyone help out?

[Bazooka Boo]

If it is factually correct then you won't be able to get it removed.

[dive1082]

Hi all,

 

I have had a response from one of the DCA's regarding the 12 day letter I have sent. Does anyone know where I can upload this for all to see and advise me on it?

I have uploaded them as an attachment but don't know if theis is showing on here.

Regards

 

Dive1082

Cabot response to 12 day expiry.doc

[BRIGADIER2JCS]

It's posted ok, seems they have suspended all collection activity

as they cannot retrieve the agreement.

[dive1082]

This looks like thats what they are saying Brigadier....

 

Is there a way to get this off my credit file as this is a disputed credit agreement? Also, this is a duplicate agreement on my file as the original creditor is showing as well as this DCA and both are in default which makes it double bad.

[BRIGADIER2JCS]

Ok, this time of year is going to make it difficult to

conclude much.

The fact that an account is disputed is not going to

get entries removed, you must place a notice of dispute

on all the CRAs displaying the entry.

Write to both the DCA and the creditor as a formal complaint

stating that there can only be ONE DEFAULT ENTRY ON ANY

ACCOUNT, copy this to the CRAs and give a 14 day limit to

reply or you will report the matter to the ICO.

Brig.

[dive1082]

Thanks Brig. Do you know if there is a template on here or should I just write it ad hoc?

[BRIGADIER2JCS]

Dive, keep it ad hoc this is a very much individual complaint.

Start by laying out the events chronologically, then state that

ONE DEBT ONE DEFAULT the current one should be the one

from the DCA wich should be just an amendment of the original

entry and must be dated at the same default date as the original.

 

Brig.

[dive1082]

Would something like this do Brig:

 

Thank you for your letter dated 13th December 2011, the contents of which have been noted.

 

I would like to formally complain regarding this account as I do not recognise this account or debt. As you are unable to provide me with the copies of the original signed credit agreement, I can only assume that this matter is now closed.

I would also like to complain that according to my recent copies of my credit file, this account is showing as a separate credit account that is in default. This is in addition to the account that is in default from the original creditor. This in effect shows two accounts in default for the same account which is not correct.

I am now formally requesting that these accounts be removed from ALL credit reference agency records within 14 days of receipt of this letter. Failure to do so, will result in a complaint to the information Commissioners Office, the FSA and the OFT.

Yours Faithfully

[BRIGADIER2JCS]

dive that's great, it doesn't look as if it has been

copied or templated, that can be copied to all parties.

 

Brig.

[dive1082]

I will post them tomorrow and update you with their replies.

 

Many thanks for the help Brig.