Spiritgirl -v- Various DCAs

[rory32]

Spiritgirl, you seem to have forgotten The Administration of Justice Act Debt Help UK : Administration of Justice Act 1970 | UK debt consolidation service with free help and advice | UK debt consolidation service with free help and advice

Please use it!!

[dencha]

Hi Spiritgirl

 

As they have not been able to produce the CCA and have defaulted themselves as well as having committed a summary offence, then they have no authority to chase you for this debt nor do they have the authority to place defaults on your CRA.

 

Everything to TS would be in order I think.

 

dencha

[spiritgirl59]

Hi guys

 

Creation have now produced the Agreement, and also sent me a Default Notice by separate post!

 

I propose to S.A.R. them now and see what the charges are. I have a feeling the charges may add up to MORE than I actually owe them

 

I certainly dispute what they are saying I owe them in total.

 

In the Default Notice they have advised that if I don't pay off the debt in full within the next 2 weeks they will continue to add interest the cheeky bar stewards If I S.A.R. them the account is in dispute, right? So would they be breaking the law if they started "enforcement action" as they state in the Default Notice?

 

Dencha and Rory thanks for your previous posts. I can't really report them now they have sent the properly executed agreement - I just wish they had done it when they were first written to as it would have saved all this ruddy hassle

 

Spiritgirl x

[rory32]

Well we are now in the land of does the copy of the agreement they have sent you conform to The Consumer Credit Act 1974? You are assuming that it does - most don't.

If you can scan it post it so we can have a look.

 

If you want to send them a SAR ensure you put THIS ACCOUNT IS NOW IN DISPUTE. at the top of it. Once the account is in dispute they can not lawfully take action against you. If they were to take action you could have the case thrown out.

[spiritgirl59]

Hiya Rory

 

I don't have a scanner unfortunately.

 

It appears to have all the information required on it, having read what others have said on here about what consists of a proper agreement, and bearing in mind some of the rubbish I've already received from others I've CCA'd!

 

This has terms and conditions on and is properly signed, dated etc.

 

I will go down the route of the S.A.R. I think. Thanks for the tip about putting "this account is in dispute" on the letter. As I said in my last post I really do think by the time the charges have been taken off I won't owe them hardly anything as the debt is only a few hundred pounds.

 

Spiritgirl x

[ncf355]

Hiya SG,

 

I still think there would be benefit in us looking at the copy they have sent you

 

Do you have a digital camera you could use to take a photo of it and upload (not ideal but if good enough quality it may help!)

 

NcF

[spiritgirl59]

Hi NcF

 

Sorry not to get back to you before now on this, I've been in bed as I have flu

 

Unfortunately I don't have a digital camera either (not very technological at our house LOL). I did have a go with my mobile phone camera but it wouldn't show up the writing on the agreement.

 

Not to worry I do think this one does have all it needs when I've compared it to the others I've received. Its not as in depth as the A&L one which was perfect IMO, but its got terms and conditions etc., which none of the others had on them and its properly signed, dated etc.

 

I do appreciate all your help guys. Back off to bed now to curl up with a hot water bottle.

 

Spiritgirl x

[ncf355]

Thats cool, if you are happy with it

 

Get well soon spirit, no doubt you will be up and fighting backs again very soon

 

[spiritgirl59]

Thanks ncf - I feel a bit better today have been up and about a bit, but it doesn't half take it out of you

 

Hubby posted the S.A.R. letter for me recorded delivery to which I added "this account is now in dispute" as per Rory's advice (thanks Rory).

 

They are so stupid I wouldn't be surprised if they DID still try to take action, and if they do I will be ready for them! I'll keep you posted.

 

Thanks again

Spiritgirl x

[spiritgirl59]

Hiya friends

 

I received an absolute corker of a letter from Link today and have quoted the ridiculous contents of it in my proposed response to them. Can someone have a look over this before I send it in case I've omitted anything or said it incorrectly?

 

These are the idiots who, following my CCA, sent back my postal order with a standard letter saying it would cost me £5 to obtain the CCA information which they "may" be able to find from the original lender (load of jackson pollocks!).

 

Not sure about my last paragraph re legal proceedings I don't want to make empty threats and am not sure how I would go about it??? Should I leave that bit out do you think??? Have omitted dates on here in case they are looking in.

 

Spiritgirl x

 

 

Dear Sirs

 

Link Ref: XXXX

 

I refer to your letter dated XXX and am frankly amazed by its contents.

 

You state:

 

“You have recently requested information from a member of our team. We always endeavour to supply the information our customers require but do ask that all requests are made in writing to the address above. A fee may be charged to your account to cover any costs associated with fulfilling such a request but we will write and notify you of any such fee”

 

I refer you to my letter dated XXXX 2007.

 

In that letter I made a formal request for a copy of the signed, fully executed credit agreement for the above numbered 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 commits an offence. These time limits expired on XXXX 2007 and XXXX 2007 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 XXXX 2007 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.

 

Since you have no executed agreement I insist that you confirm that the balance on the alleged account is set to zero, or else I will report you to the OFT for non-compliance and a likely penalty of £2500. Once the OFT have prosecuted I will request that you are not fit to hold a licence under CCA and request its removal.

 

Failure to respond favourably to this letter within seven (7) days of receipt could result in legal proceedings being commenced against your company.

 

 

Yours faithfully

Spiritgirl

 

[spiritgirl59]

Oh almost forgot, they are harrassing me by phone again so is there something I can add to this letter about that as well guys???

 

Thanks x

[elizabeth1]

Oh almost forgot, they are harrassing me by phone again so is there something I can add to this letter about that as well guys???

 

Thanks x

 

 

Brilliant letter !!!!

 

Can I edit this towards my letter to these clowns today?

 

They really know how to be useless in there don't they?

[ncf355]

Hi Spirit,

 

see comments in red below (usual 'dont take my word as gospel' caveats apply!! ;-)

 

 

Quote:

Dear Sirs

 

Link Ref: XXXX

 

I refer to your letter dated XXX and am frankly amazed by its contents.

 

You state:

 

“You have recently requested information from a member of our team. We always endeavour to supply the information our customers require but do ask that all requests are made in writing to the address above. A fee may be charged to your account to cover any costs associated with fulfilling such a request but we will write and notify you of any such fee”

 

I refer you to my letter dated XXXX 2007.

 

In that letter I made a formal request for a copy of the signed, fully executed credit agreement for the above numbered 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.

At the time of the section 77(1) / section 78(1) request, I included the statutory fee for such a request of £1 - this fee was returned by you, requesting payment of £5 for the provision of my request - this amount exceeding the maximum fee laid down by parliament by £4.

 

 

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 commits an offence. These time limits expired on XXXX 2007 and XXXX 2007 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 XXXX 2007 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 as such data is wholly inaccurate and in contravention of schedule 1, Part I (4) of the Data Protection Act 1998 ("DPA 1998") "Personal data shall be accurate and, where necessary, kept up to date"

Failure to remove the offending data will result in court action under Section 14 of the DPA 1998 to obtain a court order for the destruction of said data and compensation under Section 13 of the DPA 1998 .

 

 

Since you have no executed agreement I insist that you confirm that the balance on the alleged account is set to zero, or else I will report you to the OFT for non-compliance and a likely penalty of £2500. Once the OFT have prosecuted I will request that you are not fit to hold a licence under CCA and request its removal.

 

Failure to respond favourably to this letter within seven (7) days of receipt could result in legal proceedings being commenced against your company, including action under Section 3 of the Protection from Harassment Act 1997 for your continued harassment via telephone and letter for repayment of a debt you have no legal right of enforcement for.

 

 

Yours faithfully

Spiritgirl

 

 

 

Hope this is of some help

 

NcF

[ncf355]

Oh - I take it you still have the letter requesting the £5?

 

The courts would love to see that

[rory32]

as such data is wholly inaccurate and in contravention of schedule 1, Part I (4) of the Data Protection Act 1998 ("Data Protection Act 1998") "Personal data shall be accurate and, where necessary, kept up to date"

 

Failure to remove the offending data will result in court action under Section 14 of the Data Protection Act 1998 to obtain a court order for the destruction of said data and compensation under Section 13 of the DPA 1998 .

 

You may also wish to report them to the ICO.

[winny14]

hi spirit,

fancy link being dumb again???

i havent been around for a while but maybe my thread will help you with link, sorry i didn't see this sooner.

check out my thread caa requests not provided,help please

and go to post 69 you will see the letter i sent to link and who i reported them too, (sorry its a long one) but you will see i mention to them about recording their phone calls to me after they have been told not to ring me, i think this has worried them

 

then in post 71 you will see my reply from them, actually apologising for their stupidity and bullying.

 

since then i have not heard a peep out of them, by letter or telephone.

good luck with this shower and i hope my letters will be helpful to you

[spiritgirl59]

Oh - I take it you still have the letter requesting the £5?

 

The courts would love to see that

 

Hi again friends

 

Yes ncf I certainly DO still have the letter with my £1 postal order stapled to it by that incompetent shower! Its a corker of a letter in itself, not only does it ask for a fiver for the information under the CCA but it says that Sections 77 and 78 of the CCA 1974 DO NOT APPLY to the account - I quote:

 

"Sections 77 and 78 only apply to "matters arising during the currency of agreements". Since the agreement relating to your account has been terminated (for non payment) the agreement is no longer "current"

 

What bull***...so in other words it doesn't apply but to make it apply it will cost me a fiver!

 

Thank you for your help with my letter, its really appreciated x

 

Rory I shall put in the letter about the ICO as well, thank you x

 

Winny, I shall have a good read of your thread too.

 

Spiritgirl x

[gypsumsif]

courtesy of tifo...

I may also pass the matter to the relevant enforcement authorities including, but not limited to, the OFT, the Information Commissioners Office, Trading Standards, the CSA, the FOS and my local MP.

 

[spiritgirl59]

Hi again guys

 

Alliance & Leicester are now kicking off again I accept they have supplied me with a properly executed agreement; they are the only ones who have! I have an arrangement with them until July to pay £1 per month and you may recall recently they were threatening legal proceedings so I wrote to them and reminded them of the arrangement. I also sent them an S.A.R.

 

Today I've received a snotty 4 line letter from them which says :-

 

"Your account is now being considered for legal action. You obviously have no intention of trying to resolve this matter and you have therefore left us no option. Please note that legal proceedings may now be issued against you without further reference and costs will be added to your debt".

 

I've checked track and trace and they received my letters on 16th May (the S.A.R - (Subject Access Request), and the one reminding them of the arrangement we have till July).

 

I propose to send the following letter to them by recorded delivery. Surely they cannot take action now I have sent them an S.A.R - (Subject Access Request). It is THEY who are being unreasonable, and I feel this is because I intend to reclaim charges, what do you think? Is this letter ok?

 

Spiritgirl x

 

I am in receipt of your letter dated XXXX 2007 wherein you state “Your account is now being considered for legal action. You obviously have no intention of trying to resolve this matter and you have therefore left us no option”.

 

May I draw your attention to my letters sent to you by Recorded Delivery on 15th May and signed for by your firm on 16th May.

 

I am therefore astonished at your comments in your letter of XXXX May, as it should be abundantly clear to you that I am trying to resolve this matter. Indeed, I am waiting for you to respond to my Subject Access Request.

 

Please note any legal proceedings you commence will be vigorously defended and I shall show the Court by my correspondence to you that I am acting totally within the law regarding this account, and it is yourselves who are being unreasonable.

 

Yours faithfully

[jo1lygrngiant]

Sounds good to me sprit. I cannot remember reading about this, but what happens after the july period, regarding the £1 payment you have been sending to them. From memory, in previous cases, it is reviewd again after a period of say 6 months, will this happen to you?, or will they now say, right times up, start paying the full balance?

 

Once again apologies if this has been answered already, only with reading x amount of posts, its difficult to keep track on all threads, and whats not / been said.

 

be safe

nige aka jgg

[kfdh1962]

when my arrangement finished earlier this year they automatically started to add on the interest etc again. I sent in a budget sheet showing incmoings and outgoings, (updated one previously prepared for me by the CCCS) and actually managed to get a new arrangement with lower payments reduced from £60 per motnh to 45 on one account and £30 to £15 on the other., and also got the interest refunded for the two months they started to charge it again

[spiritgirl59]

Hiya nige

 

Yes under normal circumstances they would review the account every 6 months as they have been doing for the past few years; however I honestly think they will ask for full repayment in July because I feel they are peeved now because I have had the audacity to S.A.R - (Subject Access Request) them.

 

The thing is I know for a fact there are a lot of charges added to this account and I want to get these deducted. I will be in a position to make an offer of repayment to them which is more than £1 per month (bearing in mind most of the others I have CCAd have now defaulted so I am not paying them anything) BUT before I do, surely it is my lawful right to find out exactly what the actual "debt" is minus all the charges which is why I am so incensed at their latest letter

 

If they do commence legal proceedings now I intend to make the Court aware of the fact that (a) they have an agreement till July and (b) in my opinion they are being totally unreasonable as I am requesting what is my lawful right under the CCA, i.e., the SAR.

 

Does this make sense?

 

Spiritgirl x

[rory32]

Makes perfect sense. Their failure to supply the CCA (if they produced it in court they would have to explain why they had not disclosed it to you) and subsequent default means they should not now be charging any interest on the account.

You can not take someone to court when the amount owing is in dispute. Well you can if you want the case thrown out.

[jo1lygrngiant]

Hi spirit, many thanks for clearing that up for me ..

 

One idea springs to mind, if they do decide to take you to court, have you considered asking the court for a stay. Basically saying, they cant have their monies, until they give you the information i have requested, ie the sar. As this will drastically reduce the amount they are chasing.

 

In my way of thinking the courts should allow this, as part of your defense.

 

Im sure if im wrong in my assumptions, someone will quickly come back and tell me lol

 

be safe

nige

[jo1lygrngiant]

Following on from what rory has just mentioned, have you wrote to them saying the account is in dispute? And therefore they cannot chase you until you have resolved the said dispute.