LTSB - No agreement! ***GAME OVER***

[pmhcfc]

They've admitted there's no agreement/s but they're still pursuing the outstanding amount... :o

 

I'll be posting this letter to them on Tuesday, would appreciate comments and possible changes to letter please... Here goes.......

 

Mr,

 

Ashton Under Lyne,

Lanc's,

.

 

BLS Collections,

PO Box 467E,

Oxford,

OX4 1WA.

 

Reference: xXxXxXxX

 

27th March 2007

 

Dear Sir/Madam,

 

I write in response to your letter dated 16th March 2007.

 

You will have on file that many weeks ago you attempted to increase payments on my

account by over 300% without consultation, and that my response to this was a request

to see a copy of the original agreement under the Consumer Credit Act. Your records

should also show that due to the age of the account that you were unable to fulfill this

request which was accompanied with the maximum prescribed fee for such request.

As I have proof that you cashed this payment you become legally obliged to the

timescales and provisions that are set out in the Act.

 

I advise you that on 8th March 2007 you committed the offence laid down in

Section 77(4)(b), and that as per Section 77(4)(a), you are not legally entitled

to enforce the agreement.

 

The Consumer Credit Act 1974:

S.77(4) 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.

 

It is also my belief that your continued pursuance of this matter also constitutes an

offence under Section 40 of the Administration of Justice Act 1970.

 

It has also come to my attention that as you are unable to supply any documentation

that you will also be in breach of the Data Protection Act, and as such you should no

longer be proccessing any data in relation to me.

 

I now have the option of reporting you to the Office of Fair Trading and Trading Standards

in relation to these matters. However, prior to doing this I am giving you the opportunity to

suggest an acceptable conclusion to us both in this matter. Please be advised that if you

follow up to this letter with further threat/s that I will not hesitate to take matters further

and as suggested and without further notification.

 

 

Yours Sincerely,

 

 

 

Mr. Diskmandave.

 

I wouldn't put that bit in red...I should read.. "I do not acknowledge any debt to your company" Dave, If it's non-compliance to a CC request then send this:

 

I refer to my letters dated XXXXXXXX which was delivered via recorded delivery to your offices on XXXXXXXX, and my follow up letter dated XXXXXXXX.

 

In my letter xxxxxxI made a formal request for a copy of the signed, executed credit agreement for the above numbered XXXXXXXX account under section 77(1) and section 78(1) of the Consumer Credit Act. In addition a statement of my account should have been sent along with any other document mentioned in the credit agreement.

 

The Consumer Credit Act allows 12 working days for this request to be carried out before your company enter into a default situation. If the request is not satisfied after a further 30 calendar days, Your company commit an offence. These time limits expired on XXXXXXXX and XXXXXXXX respectively.

 

As you are no doubt aware subsection (6) states:

 

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.

 

Therefore as at XXXXXXXX this account became unenforceable at law and it is now my intention to refer this matter to the enforcement authorities.

 

Any default notices or adverse comments your company have recorded on my credit reference file should be immediately removed.

 

Failure to respond favourably to this letter within seven (7) days of receipt will result in immediate litigation being commenced against your company without further notice.

 

I await your rapid response.

 

 

Yours Faithfully

[PriorityOne]

Failure to respond favourably to this letter within seven (7) days of receipt will result in immediate litigation being commenced against your company without further notice

 

 

Litigation for what ?

 

[pmhcfc]

Litigation for what ?

 

 

Illegal proccesing of Data.

[PriorityOne]

I can't see that you would achieve much by this... although if they continued to pursue for payment in the absence of a CCA, harrassment could be an issue worth throwing their way.

[pmhcfc]

I can't see that you would achieve much by this... although if they continued to pursue for payment in the absence of a CCA, harrassment could be an issue worth throwing their way.

 

I was making the point re there being a default on one's file because of it (alleged debt). If a DCA tells me there's no agreement then I'd want the default removed fom my file.

[diskmandave]

I had a letter done last night but i've seriously got the lurgi this morning, full blown 'flu', so not feeling my best right now!

 

A few medicinal vodkas, and bed before 3am and i'll be right...!!!

 

Dave.

[bi15hgm]

DMD

 

Get well soon!!....and whilst recovering think very hard about what you want to achieve, digest the advice here on these forums...then go for it!!!

 

Litigation or no litagation you know what is best for you and what the law allows you to do. BLS/LTSB have no idea what the right or left hand are doing. The law is on your side so go for it!!!

 

Take the medicine and think very carefully about your response but if it is any encouragement I would do them for processing of data first as they have already infringed the CCA requirements.

 

Good luck. keep us posted and get well soon.

 

Regards

Mike

[diskmandave]

Q: Take the medicine UQ.

 

Vodka & hot Vimto is fantastic!!!

 

I'm sure i'll feel better later in this week!

[bi15hgm]

DMD

 

I havenever tasted Vodka and hot Vimto but I bow to your better judgement!!!!

 

Good Luck and keep us all posted?

 

We are all rooting for you!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

 

Regards

Mike

[jetbags]

As someone searching for help/advice on fighting low life DCa's your posts on here have really helped lift my spirits.

Thank you

[diskmandave]

As someone searching for help/advice on fighting low life DCa's your posts on here have really helped lift my spirits.

 

Thank you

 

jetbags, i'm so pleased that we've helped to pick U up!

 

If you have a specific problem, you should start your own thread so that we can try and help you, whatever your situation! I'll personally watch for your posts!

 

Just to make things a little clearer, here at the CAG, no one will ever judge you! We're all in the same boat in one way or another. I like to see us as a collective debtor never giving in to, "the misery men".

 

Could I suggest that you contact the Consumer Credit Counselling Service, if you have serious debt problems.

 

CCCS - Contact Us

 

They are a registered charity and are actually funded by both the Government and the credit industry itself! Their service is completely free.

 

CCCS FREEPHONE helpline is open from 8am to 8pm Monday to Friday.

If you want to write to us our mailing address is:

Consumer Credit Counselling Service,

Wade House,

Merrion Centre,

Leeds,

LS2 8NG.

 

You're with us now! Someone will always be there to help!

 

Good luck, best regards, dave.

 

[diskmandave]

DMD

 

I have never tasted Vodka and hot Vimto but I bow to your better judgement!!!!

 

Good Luck and keep us all posted?

 

We are all rooting for you!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

 

Regards

Mike

 

It's just like hot vimto, but with one hell of a kick!!! Excellent if you're feeling under the weather!

 

Letter going out to LTSB/BLS soon! (still not well!)

 

Dave.

[jetbags]

Many thanks

Advice taken and i have started a new thread

[diskmandave]

Just an update to say that....... It's all gone quiet!

 

Dave!

[diskmandave]

Seems that they must really be missing my £8 now (bless!).

 

Got this in the post today, it doesn't seem like they're going to have to consider 'phoning me at home anymore though...!

 

 

I'm not going to send them a massive or in anyway well thought out letter, just an offence committed and do you want me to report you kinda thing... Will post more when I get more!

 

Regards all, Dave.

[PriorityOne]

Hey Dave... do you think it might stand for B*L*S(h*t) Collections ? Sorry... could't resist....

[diskmandave]

You mean.......... (Robinson Way)......

 

 

Don't know about anyone else but these guys are VERY shy when it comes to using the 'phone?

[diskmandave]

Nothing special in the reply, main body of text below. On it's way to Oxford in the morning.

--------------------------------------------------------------------------------------

18/04/2007

 

Dear Sir/Madam

 

Account in dispute.

 

I refer to your letter dated 12th April 2007 in which you state that it essential that

I telephone your office TODAY. I will not be contactacting your office as you have

still to date failed to supply a copy of the original agreement that I requested, I

have this in writing from you and will retain such copy for future reference and use.

With further respect to not supplying a copy of the original agreement you also

committed a criminal offence on the 8th March 2007. Each time you write to me

you are breaching the OFT's guidelines on debt collection practice.

 

Please be aware that I no longer acknowledge any debt to your company.

 

I am willing to allow you a period of 7 days to propose an acceptable solution to

this matter or without further warning, I will start making complaints to all of the

relevant statutory authorities. Should you reply with a standard auto generated

templated letter I shall simply file it and start making complaints with relevance

to licence fitness.

 

Yours, XXX

--------------------------------------------------------------------------------------

 

See what that brings!

[PriorityOne]

Yours, XXX

 

Sending kisses now, Dave ?.... lol Am in a silly mood this evening, my threads have all gone quiet....

[diskmandave]

That's an idea....... Gonna stick a CAG logo on the back of the envelope along with a kiss

[spiritgirl59]

Hiya Dave

 

Well done!

 

Am following your thread with great interest now since I am likely to receive some of this kind of stuff myself 10 out of my 11 are about to default in one way or another, and as I said in my own thread (Spiritgirl -v- Various DCAs) I doubt if they will all go down without a fight and will still expect the money despite them not complying with my CCA requests.

 

Your letter is a great help for if/when I need to respond myself.

 

Good Luck!

Spiritgirl

[Vampyra]

Just echoing Spiritgirl really. Got a couple of bog standard holding letters to 2 of the 7 CCA's currently in the pipeline. It really helpful and uplifting to ba able to share this all with others and learn from others too.

Best of luck with this latest letter!

Vampy

[diskmandave]

Good luck too, Spirit & Vamp.

 

Don't forget though, you've got to keep a sense of humour and never let them get you down!

 

Dave.

[gypsumsif]

hello there.

i too have been following various threads (spiritgirl, Vampyra and others) as my wife and i are about to make a list of all our debts and the dca's dealing with them.

we've been struggling thru with the occasional panic (my side lol) for ages now. untill i found this site.

im really looking forward to sorting these things out and getting our life back!

good luck to us all

(sorry for jumping in)

[spiritgirl59]

Hi there gypsumsif

 

Good luck to you and your wife too

 

Start your own thread when you begin tackling everything, so that we can support and encourage you and follow your progress.

 

I cannot begin to tell you how much just taking action has uplifted me, as my DCA situation was really beginning to get me down, and like you I was in a panic - however since finding this site I now feel back in control of things, and so much stronger.

 

So go for it, and we will all be behind you!

 

Spiritgirl