someone please help! This is getting out of hand!

[Pimp Cat]

Morning all,

 

I am having some trouble with Allied International Credit.

 

I sent them my CCA request back in october and didn't hear anything back other then a phone call to tell me that they wouldn't be be complying with my request. I tried pointing out that by law that had to send me the information i had requested but they were having none of it. although they did stop phoneing me.

That is untill 6 days ago when a woman from AIC called me wanting to discuss my "account" I told her to refer to the letters that i had sent requesting that all comunication be in writing and that as they had failed to comply with my CCA request the debt was no longer enforcible, I also told her that i wouldn't disscuss anything over the phone, to which she said that her company had no reason to comply with either of my requests and demanded that we continue to talk over the phone. I told her that i wouldn't and hung up.

 

The next day i sent her the following letter.

 

Dear Mrs. XXXXXX

As I tried to explain to you yesterday, I wrote to your company on October 19th via recorded delivery, which was delivered on the 20/10/2006, requesting a true copy of the signed agreement, a statement of account and a true copy of the deed of assignment. All of which I am entitled to under the terms of sec’s. 77(1) and 78(1) of the Consumer Credit Act (CCA) 1974, I also enclosed the statutory maximum fee of £1 in the form of a postal order.

 

To this date I have not been provided with a signed agreement under the consumer credit act, I have not been provided with a statement of account, and I have not been provided with a true copy of the deed of assignment, within the required time frame, despite my properly formatted and paid for request. I haven’t even had a reply to the above mentioned letter.

 

I therefore do not acknowledge any “debt” to Allied International Credit and I will not be making any payment against this "debt" as it is now unenforceable. I would also like to remind you that failure to comply with a CCA request is a criminal offence under the terms of the Consumer Credit Act, which I will be reporting to appropriate authorities, including but not limited to the Office of Fair Trading, Trading Standards and the Financial Ombudsman. Also non compliance with the original request is therefore a complete defense to any court claim that is issued.

 

I will be reviewing my credit reports supplied by Experian and Equifax very shortly. If it appears that your company have added a default against my credit record, Please note that I have not had a Notice of a Default served on me, as required by the conditions of the Consumer Credit Act 1974.

 

If I find this to be the case I will be in contact with you again to request that you instruct Equifax plc, Experian Ltd or any other credit reporting company for a complete removal of all data pertaining to your records on me, to the extent that no data entry in relation to Allied International Credit will exist on my credit files.

 

I will give you seven days from the date of that letter to comply; otherwise I shall have no alternative but to refer the matter to the Court to seek an Order to that effect.

Should it be necessary to refer the matter to the Court, then I shall also apply for Court fees and legal costs against Allied International Credit. I shall also reserve the right to seek redress for damages as per the remit of the Data Protection Act.

 

I will also have no option but to report your breaches to the relevant statutory authorities, including but not limited to Trading Standards, The Office of Fair Trading, The Information Commissioners Office, The Financial Ombudsman and The Financial Services Authority.

I would also like to point out my request from my last letter that all communication from Allied International Credit be in writing. As you have failed to comply with this request, by insisting on contacting me by phone both at work, and at home on the 9th November 2006 and again on the 3rd of January 2007.

I demand that the phone calls stop immediately. I have enquired about the legalities of your actions, which can and will be classed at harassment under the terms of Section 40 of the Administration of Justice Act, Protection from Harassment Act 1970, Article 8 of the Human Right Act 1990 and the Wireless Telegraphy Act 1949.

I will be reporting these breaches to the relevant statutory authorities, including but not limited to Trading Standards, The Office of Fair Trading, The Information Commissioners Office, The Financial Ombudsman and The Financial Services Authority.

I would be obliged if you could confirm in writing! what action you propose to take in respect of this matter.

Yours faithfully

 

That letter was sent friday so it would have been there on monday morning, you can imagine my suprise when i got a phone call from her last night still wanting to disscuss things over the phone! I told her that i wouldn't and told her to re-read my last letter and hung up. She promptly phoned me back! and started trying to talk to me again. i repeated my self saying that i would not talk over the phone and only in wrighting! the third time she phoned me back she told me that as i was being uncooprative she was moving my account to the next action! whe i asked what that meant she hung up!

 

Now my question is! Should i be worried about people turning up on my door demanding money? even though the debt in now unenforcible! how can i get them to realise that they are now in the wrong and that they will not get any money from me? what should my next steps be?

 

Sorry its a bit long and Thanks for any advice or pointers in advance.

 

Cheers.

 

Colin.

[ecobabe]

I have found that when I write "all telephone calls are recorded for accuracy" at the bottom of my letters the calls stop immediately. So I would write and tell them that you record all your calls and since they have defaulted and may now have commited a criminal offence, and are still trying to enforce an unenforceable debt, you will be using your record of calls as evidence and you are passing it on to Trading Standards. Then get Skype or some other such thing (which some i believe you can download for free) and do so. In the meantime formally complain to TS, when they get involved the dca will back off

[ivorbiggun]

Colin,

 

If AIC do send an agent to "discuss" the account with you or to ask payment you can tell them that you'll only deal with it in writing and slam the door in their face. These agents are pure and simple debt collector and they have no right of entry into your property despite what they may say.

 

I've found over the years that very few DCAs send agents to collect money and intimate the threat in their letters.

[Pimp Cat]

Thanks for your replies guys.

 

I am not to worries about them turning up when i'm there i know how to handle them and my self! but i'm not always there however my disabled mother more than likely will be. I just don't want people turning up and forceing her to let them in and causing her and distress or worry.

 

Does anyone know of a link to a template letter to TS i swear i saw one a couple of days ago but i cant seam to find it now! also an address would be most helpfull. i tried to do a search but loads of threads came up where people where advising going to TS so it didn't really help.

 

Also would it help to try and find a name/address of a manager/director of AIC as surely they would take the fact that there employees are harrassing people and ignoreing CCA request (and therefore commiting a criminal offence) seriously.

 

Thanks.

 

Colin.

[Pimp Cat]

Anyone?? I really need to know what i should be doing next.

 

any help would be much apreciated.

[ecobabe]

Each council has their own trading standards,so for instance if you pay council tax to Edinburgh City Council then contact the council for their Trading Standards address & telephone number. i have not seen a template letter for TS, but write simply that you requested a copy of the original agreement plus £1 (in fact send them a copy of letter sent to AIC) that the timescale has long since elapsed and they are still pursuing you. also write as I said to AIC stating that you record all calls and will be using them as evidence ...etc. Send it by recorded delivery to head of customer services.

[Seminole]

We're looking at trying to produce a generic complaints form (possibly with the CAG brand attached) to be used to send to Trading Standards. The OFT has said that the behavior of debt collectors is improving. All the evidence suggests that it isn't but people aren't complaining- presumably because they are too busy fending off the harassment and trying to earn enough to feed their kids.

[sarahpp]

I can understand why you would be worried about your mum being left to deal with anyone who turns up. To give you both peace of mind why don't you write a simple letter for her to give anyone who turns up stating that they have ignored your wishes for written communication only and if anyone else visits, you will report them for harrassment.

 

That way, if anyone does turn up (which I doubt) she can just hand the letter over and close the door.

[spotnot]

I have the names and addresses for the directors and company secretaries if you still want them.

[Pimp Cat]

Some good ideas there people, Thanks very much.

 

Seminole

I especially like the idea for a generic compaint for with the CAG logo on.

 

Any ideas as to when this will be availble? If its not going to be about for a while don't worry I will knock up a letter to send to my local TS.

 

Sarahpp

That is also a very good idea but i'm not sure if that would get rid of them, i just don't want them to end up forcing there way past my mum to get in to my house.

 

Spotnot.

If you could provide me with the names and contact addresses of the directors that would be great as i'm sure a letter to them and a copy of the one i send to TS would bring the actions of there employees to there attention!

[spotnot]

No worries, will pm them to you later this evening.

[Yyates]

If the bailiffs do come to the door you do not have to let them in. Make sure all windows and doors are locked so they cannot make an entry though these. A letter is usually sent out stating a date when they will be calling at your house anyway, just make sure you are prepared or out for the day with all doors and window locked. If they attempt an entry in this case they can be prosecuted for burglary. Added to that it be worth your while to send either a letter or email of complaint about this company to the OFT, i did this due to harassment from a bank 2 years ago they suddenly stopped phoning me and used letters as i had requested so it does work, as well as that TS is always a good place to contact. There are no debtors prisons today so please do not let these nasty people get you down or worry you in any way, they really are not worth it and just remember where they are concerned what goes around comes around and good luck

[sarahpp]

They are debt collectors not baliffs. They have no rights of entry whatsoever. The measures outlined above are not necessary. All that is needed is a polite "please leave my premises and put anything you wish to say to me in writing".

 

It is extremely unlikely that anyone will call anyway, they usually just use this as a scare tactic.