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Hi

 

I received a letter from Equidebt two weeks ago saying they had bought a debt from Woolwich. I wrote to them asking to send me a copy of the CCA agreement. Today is 12 working days and I was going to follow up with another letter as they are now in default of their responsibilities.

 

I didn't say on my original request that the amount was in dispute. I have searched high and low to find a letter to use on with this wording on the forum. I remember seeing one ages ago but I have only been able to find a letter asking for a copy and enclose the £1 fee. I have done this now so what next?

 

Should I contact Heaton's who have written to me today saying they are going to start legal action. I have had no acknowledgement yet from Equidebt about this?

 

Thanks

 

Johnny

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Hey Johnny, Did you send the CCA request by recorded delivery and have they signed for it? If yes it's 12 working days from the day following delivery.

If not rec/del have they cashed the postal order/cheque?

 

Regards, Dave.

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Yes it is signed for - no sign of cheque coming out yet. I haven't seen the letter yet, my gf openinted it for me as I'm at work. If sols are acting for equidebt, is the cca request still ok to be with equidebt or do you think the sols need one too?

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Should I contact Heaton's who have written to me today saying they are going to start legal action.

 

 

Send the following letter to Heatons (rec. delivery).... they should not be contacting you if the account is still in dispute, due to Equidebt's CCA non-compliance :

 

Dear Sir/Madam,

 

Your Ref : xxxxx

 

Your Client : Equidebt

 

I refer to your letter of xx/xx/2007, which was received today.

 

Frankly, I am surprised of the need to remind a firm of solicitors about the terms and conditions surrounding my Consumer Credit Agreement request (Consumer Credit Act, 1974); received by Equidebt on xx/xx. I can only assume therefore that they failed to inform you.

 

Should your client now persist with threats of legal action as stated in your letter, I will welcome the opportunity for a judge to look at several offences committed by Equidebt under The Consumer Credit Act, 1974, as well as your client’s non-compliance with and total disregard for the law on this occasion.

 

Yours faithfully,

 

;)

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This was a personal loan. I was struggling to make ends meet when my partner walked out and I refinanced a couple of times. Due to my credit score getting affected with late payments on cr cards etc, It led to me only getting approved for this loan at a higher rate. In the end, I couldn't make ends meet.

 

I never stated on the first CCA request that I was disputing the loan as I couldn't find that template. Only the template asking for a copy of the CCA agreement and enclosing £1. Is this letter enough to put the amount into dispute now that the 12 days have passed?

 

Johnny

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As an aside - are you claiming back charges from the woolwich and was this loan made up of charges?

 

By that I mean did you refiannce an overdraft that had charges in it?

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No

 

This was refinancing other overdrafts and loans from other companies as well as initial wwolwich loan to buy a car. They offered me a good rate initially because I had just taken a mortgage with them. I no longer have this mortgage.

 

Johnny

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Still not received CCA agreement. I was wondering I have to write to them saying they have got a calender month to reply or do I just leave it as it is at the moment.

 

Letter in post to Heaton's today. Man, this is stressful. If I could only get my first lot of charges back I'm claiming from mbna, bos and rbs, things would be a lot better.

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Still not received CCA agreement. I was wondering I have to write to them saying they have got a calender month to reply or do I just leave it as it is at the moment.

 

Letter in post to Heaton's today. Man, this is stressful. If I could only get my first lot of charges back I'm claiming from mbna, bos and rbs, things would be a lot better.

 

Don't write to remind them that they'll be commiting an offence soon:D Not your job to remind them of the law ;)

Just hate every DCA out there

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Interesting day so far with Heatons/equidebt and it's only 9:20

 

8:07 - I received a call from equidebt asking me about my account. I advised I only wished to discuss through correspondance and reminded her that I had sent a cca request. She said they had it and what was the problem? Why had I sent it? I declined to answer saying only, "have you got my letter" to which she said "yes". I said "have you got it in front of you" to which she replied "no". I asked her to read the letter and I don't need to confirm anything over the phone.

 

9:10 - Letter arrives from Heatons LLP with header in large font

"DOORSTEP COLLECTION NOTICE - PLEASE RESPOND"

 

We are advised that our client has been unable to come to an arrangement to clear the outstanding balance on this account.

 

Our clients intend to arrange a doorstep representative to call upon you, unless you respond to this letter within the next 10 days.

 

If you are unable to settle the account in full, our client will consider setting up a repayment plan with you, therefore avoiding further action and additional expenses.

 

You can contact Equidebt on FREEPHONE 0800 7310897 or alternatively, complete the slip below with your first payment.

 

Yours sincerely

Heatons LLP

 

So I think I need more help, should I call/write again asking for no further communication until they have provided CCA and until I get that, debt is in dispute? Does anyone have any useful letters I can use?

 

Thanks

John

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They have the letter let them default. Even better if the wait for the Calendar month it will be a criminal offence. The debt is in dispute they cannot take any action against you

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I know that and I'm quite calm about it really. I am only concerned because my fiance is scared of them coming. We just had a baby and she is in the house with him a lot. She is worried they will turn up when I'm at work. She doesn't know what to do. I have tried to reassure her that they can't come if the debt is in dispute, it just seems that equidebt/heatons don't seem to care it is in dispute.

 

All letters on this site around doorstep delivery refer to english common law. The trouble is, I'm in Scotland so I don't know the legislation. I need to try and find out - Can anyone help in this regard?

 

Thanks

Johnny

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I know that and I'm quite calm about it really. I am only concerned because my fiance is scared of them coming. We just had a baby and she is in the house with him a lot. She is worried they will turn up when I'm at work. She doesn't know what to do. I have tried to reassure her that they can't come if the debt is in dispute, it just seems that equidebt/heatons don't seem to care it is in dispute.

 

All letters on this site around doorstep delivery refer to english common law. The trouble is, I'm in Scotland so I don't know the legislation. I need to try and find out - Can anyone help in this regard?

 

Thanks

Johnny

 

I stand to be corrected but Common Law refers to the whole of the UK. (Most laws are originally based on Common Law) Either way its your property and these people have NO legal rights to enter your property. Unfortunately the fear that your fiance is experiencing is what these guys thrive on. My wife would be no differerent. The law is on the consumers side now not that of bullies who rely on peoples weaknesses to force them into agreements that they cannot afford.

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Try something along these lines

 

Dear Sir/Madam

 

Account No:

 

I do not acknowledge any debt to you or your client.

Further to my letter dated xx/xx/xx requresting further

information under the legislation contained within s.78(1) Consumer Credit Act 1974 (S.77 (1) for fixed sum credit). Please note this was requested on 21 August 2006, and to date I have received no response from you.

To this end I would like you to note that I will not enter into any further communications with your company on this matter, unless and until my request is actioned.

 

I also wish to make it absolutely clear that personal callers will be viewed as trespassers, and action will be taken, including but not limited to, Police attendance.

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Try something along these lines

 

Dear Sir/Madam

 

Account No:

 

I do not acknowledge any debt to you or your client.

 

Further to my letter dated xx/xx/xx requresting further

information under the legislation contained within s.78(1) Consumer Credit Act 1974 (S.77 (1) for fixed sum credit). Please note this was requested on 21 August 2006, and to date I have received no response from you.

To this end I would like you to note that I will not enter into any further communications with your company on this matter, unless and until my request is actioned.

 

I also wish to make it absolutely clear that personal callers will be viewed as trespassers, and action will be taken, including but not limited to, Police attendance.

 

...........including but not limited to, police attendance and "minimal force" being applied to successfully remove and detain said caller in breach of the Harrassment Act and the Administration of Justice Act, which is my right by law.

If my post was helpful don't forget to click the star!

Advice is offered freely, without liability and without prejudice.

If in any doubt professional legal advice should be sought.

 

I do not profess to be in any way legally trained, I am a big

oily truck driver and all I know has been learned within the

Consumer Action Group.

 

FAQ's

http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/

 

Trying to stop smoking?

http://www.consumeractiongroup.co.uk/forum/give-up-smoking-here/

 

A dummies guide to the forums

http://www.consumeractiongroup.co.uk/forum/welcome-consumer-forums/107001-how-do-i-dummies.html

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...........including but not limited to, police attendance and "REASONABLE and proportionate force" being applied to successfully remove and detain said caller in breach of the Harrassment Act and the Administration of Justice Act, which is my right by law.

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This is what I was trying to get across! :) :) :)

If my post was helpful don't forget to click the star!

Advice is offered freely, without liability and without prejudice.

If in any doubt professional legal advice should be sought.

 

I do not profess to be in any way legally trained, I am a big

oily truck driver and all I know has been learned within the

Consumer Action Group.

 

FAQ's

http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/

 

Trying to stop smoking?

http://www.consumeractiongroup.co.uk/forum/give-up-smoking-here/

 

A dummies guide to the forums

http://www.consumeractiongroup.co.uk/forum/welcome-consumer-forums/107001-how-do-i-dummies.html

--

KEEP WILDLIFE IN THE WILD

http://www.bornfree.org.uk

BORN FREE FOUNDATION

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Chances are, this threat of doorstepping you is just a frightener.

 

That's what I think too, it's just that we live in a block of flats so I don't want other neighbours noticing what's going on or the doorstep agent pressing the wong intercom button. And if I tell him to leave when he inside my building but not my flat, all the neighbours will hear. that is one of fiance's biggest concerns.

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i wouldnt worry about it, simply present him with a copy of the doorstep letter mentioned previously and quietly ask him to leave, NEVER LET THEM IN

 

if he doesn, advise you are ringing the police and shut the door

 

THATS IF they show up, chances are they wont.

 

take peace in the fact you KNOW there is nothing they can do,

 

CAG POWER!

Me Vs AA/Blair Oliver - Defaulted on CCA, Committed Criminal Offence, started chasing payment

 

Me Vs Great Universal - Wrote off the 2k balance, couldnt supply docs

http://www.consumeractiongroup.co.uk/forum/debt-collectors-debt-collection/74209-me-littlewoods-catalogue.html

 

My Friend Vs Lowell Portfolio - Balance written off, all action stopped!

http://www.consumeractiongroup.co.uk/forum/debt-collectors-debt-collection/75075-my-friend-lowell-victory.html

 

My Friend Vs Empire Catalogue - Balance Cleared

http://www.consumeractiongroup.co.uk/forum/debt-collectors-debt-collection/75713-my-friend-empire-droyds.html

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That's what I think too, it's just that we live in a block of flats so I don't want other neighbours noticing what's going on or the doorstep agent pressing the wong intercom button. And if I tell him to leave when he inside my building but not my flat, all the neighbours will hear. that is one of fiance's biggest concerns.

In the highly unlikely event that he calls if he does ANYTHING that causes emabarrsment to you or draws attention to your alleged financial situation in a manner that neighbours become aware of it he will be breaking every rule in the book. Quitely but firmly tell him to leave if he creates a fuss then he is in breach of the peace. A criminal offence for which the local police will be quite happy to remove him from your flat and let the magistrates deal with him. PLEASE DONT WORRY. These people are sad people with absolutely NO LEGAL POWER whatsoever

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  • 2 weeks later...

The saga continues.

 

Today I get a letter form them dated yesterday asking for a proposal within 3 days for repayment of the debt. It also included a letter from Barclays saying:

 

"We hereby give noticeof the assignment of the debt due to us in reprect of the balance of £xxxx outstanding on your Woolwich account - On 25th September, your account was sold to Equidebt Limited"

 

Is this a deed of assignment? If it is, should it not have been sent when my account was sold. Also, it is not signed by anyone"

 

As I understand it the debt is in dispute, they have not supplied the CCA as requested and by 20th April 2007, they will have commited a criminial act.

 

I also called them on and recorded the call (two weeks ago). I made it clear the debt was in dispute until such time as I received the credit agreement which I don't have yet. Would anyone say that this letter asking for further repayment is illegal?

 

Thanks in anticpipation for advice received.

 

Johnny

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Well, they have said that the account has been sold... so it's now up to Equidebt to supply the Agreement. The letter is meaningless. Unless they supply you with a properly executed CCA, then they haven't complied with your request.

 

:)

 

PS... what has the encl. letter from Barclays got to do with it ?

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