jd

[allie1uk]

hi guys...bit of advice plz?

 

i started 2 home learning courses both with the same company. 1 i signed up for on the internet and paid in full the other i signed up for over the fone and arranged to pay in installments by direct debit.

 

after a few payments i got made redundant and i had to cancel my direct debit and was a bit silly and buried my head in the sand..

 

well anyway the debt got passed onto 1 credit angency and has now been passed onto jd credit agency who keep calling my fone ect.

i never actually signed an agreement for this course..they sent me 1 and i never signed it and sent it back though i signed for materials when they arrived... does that make any difference in me having to pay the debt bk as im bit poor at the mo?

 

any advice gratefully recieved, allie x

[dx100uk]

send them a CCA costs £1

if they canot produce a signed agreement by you, no debt.

 

dx100uk

[allie1uk]

hi dx100uk,

thank you for ur reply...im liking what i read lol. im really sorry to sounde dense though but where can i find the cca letter? ive looked through the templates and im probably being blind cos im shattered but i cant see it. its probably screaming at me but still cant find it!

 

thanks again, allie xx

[pmhcfc]

hi dx100uk,

thank you for ur reply...im liking what i read lol. im really sorry to sounde dense though but where can i find the cca letter? ive looked through the templates and im probably being blind cos im shattered but i cant see it. its probably screaming at me but still cant find it!

 

thanks again, allie xx

 

change as appropriate

 

XXX February 2007

Your Ref: XXXXXXXXX

To Whom It May Concern

I do not acknowledge ANY debt to your company.

 

I require you to supply the following documentation before I will correspond further on this matter.

 

1. You must supply me with a true copy of the alleged agreement you refer to. This is my right under your obligation to supply a copy of the agreement under the legislation contained within s.78 (1) Consumer Credit Act 1974 (s.77 (1) for fixed sum credit) - your obligation also extends to providing a statement of account. I enclose a £1 postal order in payment of the statutory fee.

 

2. A signed true copy of the deed of assignment of the above referenced agreement that you allege exists.

 

3. You are notified that you are obliged to supply these documents, whether you are the original creditor or not under S189 of the CCA 1974.

 

Non-compliance with my request is a criminal offence under the above Act and will result in a report being submitted to the relevant statutory authorities.

 

As you are aware, a credit agreement that is not properly documented and signed by the customer is totally unenforceable under the CCA and therefore is a complete defence to any court claim that is issued.

 

Take note at this stage, that any legal action you may contemplate will be both vigorously defended and contested.

 

 

Yours Faithfully

[allie1uk]

awww brilliant thank u pmhcfc....

i shall be sending that off monday..hope they leave me alone now!

 

thank u both for ur help have a great weekend!!

 

allie x

[dx100uk]

great its found

 

you might also find this useful too regarding the phone calls.

 

 

Re: Harassment by telephone

 

 

 

Dear Sirs

 

I am writing in relation to the quantity and frequency of telephone calls that I have received from your company, which I deem to be personally harassing.

 

I now require all further correspondence from your company to be made in writing only.

 

I am of the view that your continued harassment of me by telephoneputs you in breach of Section 40 of the Administration of Justice Act 1970, and the Protection from Harassment Act 1997.

 

If you continue to harass me by telephone, you will also be in breach of the Communications Act (2003) s.127 and I will report you to OFCOM, Trading Standards and The Office of Fair Trading, meaning that you will be liable to a substantial fine.

 

Be advised that any further telephone calls from your company will be recorded.

 

Yours faithfully,

 

[allie1uk]

oooooh it gets better and better thank u dx100uk

ive never actually answered the fone to them..mainly coz they normally call me in the daytime and i have to turn my fone off at work..they leave me little messages tho..they never say who they are they just ask me to ring quoting a ref nmbr..

before jd capquest were dealing with it and they used to call me about 15 times a day..and they text me! still never replied to them tho

cheers both off u, ur stars xx

[allie1uk]

hi...

i sent off the 2 letters that were posted before by dx100uk and pmhcfc and i thought that it would be a case of waiting to see if jb posted me a signed agreement (that i never signed). before i recieved 1 letter and a few fonecalls that i never answered. now the letter was delivered to them on tuesday..and today i hear a knock at my door..i didnt answer it coz i could hear it was 2 blokes outside..which made me suss..and then i could hear them talking to a girl outside maybe one of my neighbours and they said my surname..would they be able to send bailiffs at this stage?

 

getting all panicky now...help please..allie x

[allie1uk]

bump anyone? please thanku xx

[diskmandave]

No they can't send in bailiff at this stage unless there's already a CCJ and an enforcement order.

 

If they are/were debt collectors tell them to get lost and start calling the police in front of them.

[dx100uk]

well even though the post is good i would doubt they have landed on the correct desk yet.

 

dont be afraid to ans the door, just copy the first letter and keep it by the door

hand it too them when they come again.

 

DCA have no powers whatsoever, in fact, there is another letter somewhere about not being invited to call around.

 

i saw it a week or two ago

 

if i get a change i'll look

 

just stay happy.