Letters after CCA request - what do the mean? Please help

[weller711]

Hi

Advice needed urgently if at all poss.

 

Roxburge have now passed the debt onto a solictitors who are more or less saying if payment is not made within 7 days they will have no alternative but to revert back to their client for their instructions to commence legal action for recovery in the Small Claims Court. It then makes the usual threats of CCJs, bailiffs, attachment of earnings order etc etc

 

I cannot make this payment and am at a loss what to do next. Roxburge have not supplied me with a readable copy of the alleged CCA and have ignored my last letters now it has been passed on to Graham White Solicitors (which is a trading name of Mchael Sobell, Solictor, Regulated by the Law Society, Registered Number 18321)

 

Should I just give up now and offer a token payment.

 

Any advice very much appreciated

[PriorityOne]

Suggested bog off letter :

 

COMPLAINT

 

Dear Sir/Madam,

 

Ref : xxxxx

 

 

I do not acknowledge any debt to your company.

 

To date, your company remains in breach of a legal request for a true, legible copy of my Consumer Credit Agreement (Consumer Credit Act 1974); received by yourselves on xx/xx/2007. In fact, the only correspondence that I have received in response to this request has been an illegible copy document, despite my additonal request for you to kindly respond by sending a document I can actually read, as per OFT guidelines.

 

Unfortunately, an illegible copy of the supposed document does not comply with my request. Not does it answer any of the concerns raised in any previous correspondence.

 

Furthermore, under the Data Protection Act, 1998), you are still unable to confirm that you are in possession of my signed authority to pass/share my personal details to a third party, including the firm of solicitors you have now instructed to correspond with threats of extracting payment through the courts.

 

As this account remains in dispute, no further payments will be forthcoming unless/until my request is actioned and any action that you do take will be vigorously defended.

 

I would therefore be grateful if you could supply me with details of your Complaints Procedure, together with your Consumer Credit Licence number. If you do not hold a Consumer Credit Licence, then I require your confirmation by return.

 

Yours faithfully,

 

 

Post a copy (rec. delivery) to the solicitors as well....

[weller711]

Thanks POne.

Will get that off on Monday.

[PriorityOne]

Crikey... the font on that is a bit big ! .... I'm not that cross....

[Curlyben]

They are fishing, unless you have moved house recently (within the last year), I'd ignore this letter.

They know who you are and where you live so why do you need to give them more information.

[PriorityOne]

the DCA that wanted my address was a different one - which was why I wondered how to respond. This one is Activ Kapital or something. I CCA'd them and the this was the letter I got - please confirm your addresses since 10/2001. they state they have a copy of the CCA and I cant understand why they need my addresses. I am pretty sure that this one what I signed was an application form.

 

 

Absolutely, Curlyben !.... .... the above is a different one though....

[Josie8]

Do not give them any additonal information at all !

[weller711]

Hi all

Hope I make sense here - I have CCA'd Droyds for 3 different account, they have failed to provide a true CCA, only sending a sample CA. The 12+2+30 days passed and I heard nothing more and thought that was the end of it. Now I have had letters from 3 different DCA's relating to the same account - am i right in thinking I should now send the non-compliance letter, adding the Data Protection thing - ie: they cannot pass my details on to another DCA etc etc and copy the letter to Droyds and the new DCAS. What should happen then as it feels like they will just pass my details onto DCA's until they get their money.

 

Any help much appreciated, thank you

[PriorityOne]

Hi all

Hope I make sense here - I have CCA'd Droyds for 3 different account, they have failed to provide a true CCA, only sending a sample CA. The 12+2+30 days passed and I heard nothing more and thought that was the end of it. Now I have had letters from 3 different DCA's relating to the same account - am i right in thinking I should now send the non-compliance letter, adding the Data Protection thing - ie: they cannot pass my details on to another DCA etc etc and copy the letter to Droyds and the new DCAS. What should happen then as it feels like they will just pass my details onto DCA's until they get their money.

 

Any help much appreciated, thank you

 

Sounds about right.... . Non-compliance of a CCA request means that an account remains in dispute.... and any "new" DCA needs to be made aware of that.

 

Add the words "I do not acknowledge any debt to your company" in all correspondence...

[Fred_Funk]

Guys

 

Sorry to intrude but if any of you could spare five minutes to take a look at my thread...

 

http://www.consumeractiongroup.co.uk/forum/debt-collectors-debt-collection/79616-fred_funk-hillesden-sec-ltd-2.html

 

... which, rest assured, is not completely irrelevant to this one then it would be very much appreciated.

 

Thanks in anticipation

Fred_Funk

[weller711]

Hi

Can anybody help please because I am at the end of my tether with Roxburge - they had passed the account onto a solicitors (graham White) as mentioned above - I then sent the letter Default letter (from Josie) to Roxburge and the "Bog Off" letter (from PO) to the solicitors.

 

I have now received another letter from the solicitors, more or less saying I have been sent two copies of the agreement - (both of which were unreadable (as stated above) by the way) and their client (roxburge) has suggested I attend a local branch (Next) to discuss any further aspect of your agreement and account. It then goes on to state that unless payment is received withing 7 days they will have no alternative but to revert back to their client for their instuctions to commence legal action for recovery in the Small Claims Court and then the usual threats re: baliffs, CCJ's, Attachement of Earnings etc. It also has a nasty message at the bottom stating "ACT NOW BEFORE ITS TOO LATE"

 

I am at a loss as what to do next so any help would be appreciated, thank you

[weller711]

It must be the day for it:-

 

Droyds have replied regarding one of the accounts they are dealing with, it reads as follows:-

 

Thank you for your letter dated 09/07/2007.

 

In view of what you advise we agree that the debt in unenforceable and further action has been withdrawn. however there is a debt still outstanding and the registration of the debt at the Credit Reference Agency will remain.

 

Yours faithfully

 

Now obviously this a good result but surely if they are admitting that the debt is unenforceable then they cannot leave the debt still showing as owed at the CRA's - not sure about this, any advice please much appreciated, thank you

[PriorityOne]

Hi

Can anybody help please because I am at the end of my tether with Roxburge - they had passed the account onto a solicitors (graham White) as mentioned above - I then sent the letter Default letter (from Josie) to Roxburge and the "Bog Off" letter (from PO) to the solicitors.

 

I have now received another letter from the solicitors, more or less saying I have been sent two copies of the agreement - (both of which were unreadable (as stated above) by the way) and their client (roxburge) has suggested I attend a local branch (Next) to discuss any further aspect of your agreement and account.

 

They are trying very hard to speak to you face to face here...

Dear xxx

Account Ref xxxx

 

I do not acknowledge any debt to your company or to any company who you may claim ro represent.

 

Further to your letter of xx/xx/2007, as I have yet to receive a legible copy of any Agreement in relation to my formal request under the Consumer Credit Act, 1974, your client remains in default of a legal request for information. Therefore, until such times as your client is able to produce a copy of a legible Agreement, no payments will be forthcoming.

 

I would also suggest that if your client wishes to comunicate anything with me whatsoever, that they would kindly put it in writing.

 

Yours faithfully/sincerely,

 

 

 

It then goes on to state that unless payment is received withing 7 days they will have no alternative but to revert back to their client for their instuctions to commence legal action for recovery in the Small Claims Court and then the usual threats re: baliffs, CCJ's, Attachement of Earnings etc. It also has a nasty message at the bottom stating "ACT NOW BEFORE ITS TOO LATE"

 

Standard bowlarks...

 

I am at a loss as what to do next so any help would be appreciated, thank you

 

[PriorityOne]

It must be the day for it:-

 

Droyds have replied regarding one of the accounts they are dealing with, it reads as follows:-

 

Thank you for your letter dated 09/07/2007.

 

In view of what you advise we agree that the debt in unenforceable and further action has been withdrawn. however there is a debt still outstanding and the registration of the debt at the Credit Reference Agency will remain.

 

Yours faithfully

 

Now obviously this a good result but surely if they are admitting that the debt is unenforceable then they cannot leave the debt still showing as owed at the CRA's - not sure about this, any advice please much appreciated, thank you

 

If they can't back up the "debt" with a signed CCA, then they have no right to default you. You need to write back and say something like :

 

Thank you for your letter of xx/xx/2007.

 

I would like to point out however, that in the absence of a properly executed Consumer Credit Agreement (Consumer Credit Act, 1974), you have no legal authority to enter defaults with Credit Reference Agencies.

 

I therefore request than any defaults registered against my name be removed within the next 14 days, followed by your written confirmation that this has been actioned.

 

Yours faithfully/sincerely,

 

 

 

All letters by rec. delivery, by the way.

[Mamie]

Hi All,

 

just had a look through this thread, some great advice on it, I am having the same probs with HFO.

 

rae

[weller711]

Thanks POne - will get those letters off on Wednesday (postal strike tomorrow!!). You're a star - I would pay you for your help if I could

[PriorityOne]

Thanks POne - will get those letters off on Wednesday (postal strike tomorrow!!). You're a star - I would pay you for your help if I could

 

You're more than welcome....

[weller711]

I've had a reply from Droyds after they admitted the debt was not enforceable but wouldn't remove the default - I sent the letter by POne as above and have recevied this reply (sorry its so long winded)

 

You state that as we have not served a Default Notice under the cca1974 we are not entitled to register the fact of your default with a CRA under the same act. Presumably you believe that registration of such information is "enforcement action" under ther terms of the act which would require, in usual circumstances, the service of a default notice.

 

You have been incorrectly advised.

 

Under the terms and conditions of trading with us we make it clear with a rubric agreed with the Data Protection Registar that we will pass information onto to a CRA. part of the rubric is:

 

Data Protection Act 1984

 

Empire is registered under the above act in respect of personal data which we hold. As our contribution to responsibibily in lending we might consult or register information about you and the conduct of your account with a Licensed CRA and directly with other Mail Order Companies. this information is used only to make crdit granting or further promotional marketing decisions or occasionally for fraud prevention or tracing account holders. CRS will be law, record any dearch made by us.

 

Further more the OFT regard the registration of such information as supporting the aims of "responsibility in lending" and the prevention of over indebtedness.

 

Finally the law concerning Default Notices is highly technical and in cases where credit agreements have expired and an outstanding balance remains, it is not a requirement to serve a Default Notice. As you may know, most o our credit business is on 20 weeks terms and by the time enforcement action is taken by us, teh period of 20 weeks has often long since expired. We also do not believe that registration of default information is "enforecement action" under the terms of the act.

 

In the circumstances we are unable to agree to your request to remove the information we have registered with the CRA.

 

Any ideas anyone please?

[PriorityOne]

I've had a reply from Droyds after they admitted the debt was not enforceable but wouldn't remove the default - I sent the letter by POne as above and have recevied this reply (sorry its so long winded)

 

You state that as we have not served a Default Notice under the cca1974 we are not entitled to register the fact of your default with a CRA under the same act. No, what you are saying is that because they have no CCA, then they do not have the right to default you. Presumably you believe that registration of such information is "enforcement action" No, this is what they seem to believe under ther terms of the act which would require, in usual circumstances, the service of a default notice. They should have served you with a Default Notice.... but as there is no CCA, what Agreement have you defaulted on ?

 

You have been incorrectly advised. They are trying very hard to defend their actions.

 

Under the terms and conditions What terms & conditions ? They haven't been able to supply you with a copy of any that you've signed. of trading with us we make it clear with a rubric agreed with the Data Protection Registar that we will pass information onto to a CRA. part of the rubric is:

I have no idea what a rubric Agreement is... but they are trying to justify themselves anyway.

 

Data Protection Act 1984

 

Empire is registered under the above act in respect of personal data which we hold. As our contribution to responsibibily in lending we might consult or register information about you and the conduct of your account with a Licensed CRA and directly with other Mail Order Companies. They need your permission to do this though. Without a CCA, they can't prove that they've got that. this information is used only to make crdit granting or further promotional marketing decisions or occasionally for fraud prevention or tracing account holders. CRS will be law, record any dearch made by us.

 

Further more the OFT regard the registration of such information as supporting the aims of "responsibility in lending" and the prevention of over indebtedness. They are trying to say that the OFT would support them in doing this.

 

Finally the law concerning Default Notices is highly technical and in cases where credit agreements have expired and an outstanding balance remains, it is not a requirement to serve a Default Notice. Well, what about when you don't have a credit agreement AT ALL.As you may know, most o our credit business is on 20 weeks terms and by the time enforcement action is taken by us, teh period of 20 weeks has often long since expired. We also do not believe that registration of default information is "enforecement action" under the terms of the act. You never said that it was.

 

In the circumstances we are unable to agree to your request to remove the information we have registered with the CRA. Stupid people.

 

Any ideas anyone please?

 

There are several people on here who are dealing with removal of defaults. Kennyparkroad is one such person....

 

Anyone else out there ?

[rory32]

I have no idea what a rubric Agreement is...

One meaning of rubric is what you have just done in your last post although it's usually in red

It can also mean a short commentary or explanation covering a broad subject or an authoritative rule or direction. I assume this is the context in which they are using the term rubrik.

 

With regards to defaults debtmountain is always worth getting in touch with.

[PriorityOne]

Aha...! "rubric".... instruction; written instinctively esp. in red; liturgical direction.

 

[rory32]

That's the one