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Credit Solutions Ltd & EGG


yaffsimone1
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On the 23rd March i sent a CCA request to CSL. of course they have ignored it, here is my letter to them after a receving a letter this morining informing me of a 'home visit' because i have failed to settle the account or submit a satisfactory proposal for settlement. (which is a lie!)

 

Further to your letter dated 1st May 2007 the contents of which have been noted.

 

On the 23rd March 2007 I requested a copy of my credit agreement under the Consumer Credit Act 1974, I enclosed the £1.00 statutory payment. On the 2nd April you acknowledged my letter and confirmed you were contacting EGG to seek the information required (see copy enclosed). On the 18th April I received a letter saying you have not received the postal order, I suspect this was a delay tactic so for the avoidance of doubt I sent another postal order for £1.00. Today I receive a letter dated 1st May informing of your intention to make a home visit to collect the debt.

 

To date you have failed to produce the requested documentation as you will know your non-compliance with my request means that your company has committed and offence under Section 77 (4) of the Consumer Credit Act 1974, summarily punishable by a level 4 fine on the standard scale. A credit agreement that is not properly documented is totally unenforceable under the CCA 1974 and is therefore a complete defence to any court claim issued. Please note that any legal action you may contemplate will be vigorously defended and contested.

 

Furthermore your actions arguably do not comply with the Office of Fair Trading’s (OFT) Debt Collection Guidelines of July 2003, in that you have ‘communicated with (me) in an inaccurate or misleading manner (section 2.1) by ‘presenting information in that creates a false or misleading impression’ and ‘failing to provide (me) with information on the status of debts’.

 

Please note that I am only prepared to communicate with you in writing. Should it be your intention to arrange a ‘home visit’, please remember that there is only an implied license under English Common Law for certain people to visit me on my property without express permission: the postman and people asking for directions etc (Armstrong v. Sheppard and Short Ltd (1959 2 Q.B per Lord Evershed M.R).

 

Please therefore take note that, I revoke license under English Common Law for you, or your representatives to visit me at my property and if you do so without my permission, you will then be liable to damages for tort of trespass. You would also be conspiring in a trespass if you sent someone to visit me nevertheless.

 

Should it be necessary, I will obtain an injunction.

 

Does this sound ok should i add or remove anything?

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They probably will never call. In the highly unlikely event they do Tell them to leave your property. If they refuse lift the telephone and contact the police, These clowns have no legal rights to enter your property. Do not get involved in any discussion whatsoever with them.

 

As I said earlier its VERY unlikely they will call. This is just another standard letter from the Big DCA Book of Bully Boy Tricks and Assorted threats

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