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I CCA'd the DCA in June. Heard nothing until Friday this week when they sent me a letter enclosing various accounts documents i.e. copy statements but no CCA, and no mention of a CCA and a request from them that I now contact them to make an offer of payment.

 

"We refer to your recent letter or telephone conversation with this office.

 

Please find enclosed account documents, provided by our client as requested.

 

We hope this clarifies matters and look forward to hearing from you with your proposals for discharge of this account"

 

What do I do next please?

 

Any letter in default that anyone can point me to?

 

And where has Rory gone?

 

Thanks all xx

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I once had an account with a bank that went into overdraft. The overdraft was then converted to a loan as it had grown quite large.

 

The figures on the statements sent neither resemble in any way what they say I now owe allegedly, or resemble what I thought I may owe and the account numbers qouted are a mystery to me as well.

 

I'm confused.:-?

 

In any case they have not complied with my very reasonable (:p ) CCA request.

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It's been quite a while since the CCA request so how do feel about pushing for closure on the account?

 

What they have finally got around to is sending you a statement of account.

 

I just don't want a summons for ignoring them completely.

Have they asked for payment recently?

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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Threads merged.

 

Try to keep to one thread lemma (although I know it's frustrating when no one answers you).

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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Hi Rory, glad to see you around babe.

 

The only contact there has been is the letter I posted above...nowt else at all. Clearly they are now seeking payment though.

 

Just wondering about what tack i take cos ignoring them makes me feel a bit uncomfortable especially as they seem to believe that they have clarified any issues over ownership of the account. No mention anywhere of the CCA request though.

 

Oh and sorry about the new thread....frustration and all that! Oh yes, and blind panic!!!

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In my opinion its not a good idea to sit back and wait for them to do something. I would write to them and tell them that they have not complied with what you have required, they have committed an offence and that until you you receive what you require under law you will treat any further contact from them as vexacious. In addition I would tell them that until they discharge their obligations under the CCA, every 'phone call received will accrue a £50 charge in aggrevated damages since they are precluded to do so under law. I've just issued the organisms with a demand for £250 in aggrevated damages for contacteing me on behalf of a Monument debt that has been in default since August 2006. And I will take them to court, beleive me!

 

Mike

If I've helped tip my scales

 

Blair Oliver & Scott, £2500 written off December 2006 Default removed January 2007:D

http://www.consumeractiongroup.co.uk/forum/general-debt/56001-mike220359-blair-oliver-scott.html

 

Monument, didn't sign the agreement

:D

 

Lloyds TSB didn't sign the agreement!

:D

 

Citicards, didn't sign the agreement

:D

 

RBS tut, tut!

:rolleyes:

 

Morgan Stanley, oh dear

:rolleyes:

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OK, just because you all clearly know what you are talking about, and I...well, frankly don't, please could you assist me with a masterly draft letter?

 

Please pretty please with a cherry on the top???:p

 

I know begging is very tacky and seems desperate but that's just the type of girl I am (not really! No really, I'm not!!;) )

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The letter that you send really depends on whether you just want to remind them of their legal obligations or whether you want to try and get closure on the account. Which is it that you want to do?

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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Oooooohhhhhhhh Rory hard question!;):p

 

Now let me think - the latter I suppose not the former. However, I would need to remind them of the former in order to achieve the latter...wouldn't I?:???: :???:

 

i.e. No CCA = no enforceable debt and therefore I would like closure on an account that they have neither convinced me nor proven legally I owe to them or anyone else.

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Amend as required:

 

I refer to my letter dated {enter date} which was delivered via Recorded Delivery to your offices on {enter delivery date}.

 

You have failed to acknowledge this request in any way, whether by confirmation of receipt of the letter or by supplying the requested documents. The documents I requested should be readily available as proof of your legal right to collect this account.

 

In my letter of the {enter date} I made a formal request for a copy of the signed, executed credit agreement for the above account under Section 77(1) and Section 78(1) of the Consumer Credit Act 1974 and a true signed copy of the Deed of Assignment. In addition a full statement of my account should have been sent to me detailing all debits and credits to the account from the time {debt agency name} purchased this account, along with any other documents mentioned in the credit agreement.

 

You are reminded that you are obliged to supply these documents, whether you are the original creditor or not, as defined under Section 189 of the CCA 1974.

 

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 {enter date} and {enter date} respectively.

 

As you are no doubt aware, Section 78(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 on {enter offence date} this account became unenforceable at law and no further payment will be made by myself to the account, as you have failed to comply with a request for a true signed copy of the said agreement, and other relevant documents mentioned in it, and failed to send a full statement of the account and failed to provide a true copy of the Deed of Assignment, under the relevant sections of the Consumer Credit Act 1974. Further, i do not acknowledge any debt to {debt agency name}.

 

Please note you may also consider this letter a statutory notice under Section 10 of the Data Protection Act to cease processing any data in relation to this account with immediate effect. This means you must remove all information regarding this account from your own internal records and from my records with any credit reference agencies. Should you refuse to comply, you must within 14 days provide me with a detailed breakdown of your reasoning behind continuing to process my data. It is not sufficient to simply state that you have a ‘legal right’, you must outline your reasoning in this matter and state upon which legislation this reasoning depends.

 

Should you fail to respond within 14 days, I will expect that this means you agree to remove all such data.

 

 

I require the following action from {debt agency name} :

 

1. All payments made to date to {debt agency name} for this account should be refunded in full, including interest at the rate of 8% per annum.

 

2. Removal of all defaults entered by {debt agency name}. Note this is to be a complete deletion and not merely an amendment.

3. I look forward to compensation under Section 13 of the Data Protection Act 1998 to be offered for the processing of my data in the manner it has been done over the past number of years.

 

4. After a full refund of all payments with interest and compensation are received by myself, you will be required under Section 10 and Section 12 of the Data Protection Act 1998 to cease and desist all manual and automatic processing of my data within your company and any other company within your group.

 

If you do not respond positively to my request, court action may be taken under Section 14 of the Data Protection Act 1998 to force {debt agency name} or any other company within the group to comply with the refund of all monies paid, removal of all defaults maintained and compensation for damage and distress as a result of unlawful data processing. 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.

 

I look forward to your reply within 14 days to resolve the matter amicably.

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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Goodness me - that is a full letter.:o

 

Thank you so much Rory - as usual. I shall amend and send off this weekend.

 

You have a good one!

 

Lemma x;)

 

p.s. can't click your scales, apparently i'm not spreading the reputation around enough!

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Goodness me, no activity from them in months then 2 letters in 10 days.

Todays masterly piece of work effectively says "pay up or else we are taking you to court".:o

 

I have sent the letter (suitably amended) that Rory suggested but that only went off yesterday so they will not have had it yet.

 

Will these people really issue a summons if they have not/cannot comply with the CCA request?:?

 

If they thought it did not apply to this account wouldn't they be obliged to say why not before issuing proceedings? I mean it was an overdraft converted to loan so I know it does apply but you never know what goes through their heads.

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Will these people really issue a summons if they have not/cannot comply with the CCA request?

It's highly unlikely, but stranger things have happened. Without a copy of the agreement though they won't get anywhere.

 

In order to cut them off at the pass I would get TS involved as they have just committed an offence by threatening you with court action.

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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Hi Rory, how are you doing me darling? Thanks for your prompt response.

 

Will that be the TS nearest me or nearest them?

 

Their registered address is Chandos Street in London, W1G or their pO Box is Weybrisge in Surrey. I usually write to the Reg'd Office.

 

I have read that TS can be mixed with their responses. What is your experience as Mod of their assisting, and Freddy backing off? Just curious really.

 

I am also thinking (deadly, I know!:p ) of sending F.I a letter reminding them that they cannot pursue a debt that remains in dispute. What do you think and what should I say....if anything?

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TS do vary in how good they are, but they should take your complaint seriously as Fred are operating with complete disregard for the Act. I would report them to your local TS and then if they need to they can forward it to the relevant office. Fred usually back off fairly quickly.

 

I am also thinking (deadly, I know!:p ) of sending F.I a letter reminding them that they cannot pursue a debt that remains in dispute. What do you think and what should I say....if anything?

I think that's a good idea. Ensure that you state quite clearly that they should consider this a complaint (they have 8 weeks to deal with it or resolve it to your satisfaction, if they don't you can get the FOS involved). All you really need to state is the statute regarding not being able to pursue an account while in default of supplying a copy of the credit agreement.

 

A copy of the Act is here http://www.passprotect.studio400.me.uk/Consumer_Credit_Act_1974.PDF and it's section 77(4).

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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Is this alright?

 

I would respectfully remind you that whilst an account remains in dispute you are unable, by law, to pursue payment on that account or make threats regarding further action you may propose to take. (please see Consumer Credit Act 1974 s77(4) and s78(6)) For your information:-

 

“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.”

 

As you are aware I made a request on the 6th July 2007 for a true copy of the alleged agreement to which you are referring. I again remind you of your obligations under ss77-78 of the Consumer Credit Act 1974. Notwithstanding various lawful requests for a true copy of the Agreement relating to the alleged aforementioned debt, you have failed to comply and are in breach of your legal obligations under the Act.

 

As a result of your letter of the 9th November 2007 and your failure to furnish me with the above information you have left me no choice but to refer this matter to Trading Standards.

 

I am not seeking to evade my debts, however, I am not paying an account that I do not recognize to a creditor/agent who appears out of nowhere declaring I owe them a substantial sum of money.

 

Am I missing anything? I get confused between s77(4) and s78(6). I quoted the latter in my last letter. Should I also include for them the House of Lords decision of.......is it Wilson just to finish it off?

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s77 is fixed sum credit e.g. your loan. s78 is for credit cards. It doesn't really matter that s78 was quoted in the previous letter as they both state the same regarding default.

 

I would perhaps just head the letter OFFICIAL COMPLAINT UNDER THE CONSUMER CREDIT ACT.

 

As you are aware I made a request on the 6th July 2007 for a true copy of the alleged agreement to which you are referring. I again remind you of your obligations under ss77-78 of the Consumer Credit Act 1974. Notwithstanding various lawful requests for a true copy of the Agreement relating to the alleged aforementioned debt, you have failed to comply and are in breach of your legal obligations under the Act.

I would just add that as they will be aware failure to supply a copy of the credit agreement is a complete defence under the Act.

 

 

As a result of your letter of the 9th November 2007 and your failure to furnish me with the above information you have left me no choice but to refer this matter to Trading Standards.

 

Maybe change to

 

"As a result of your letter of the 9th November 2007 threatening impending legal act and your failure to furnish me with the above information you have left me no choice but to refer this matter to Trading Standards. I also believe such letters to be in offence under section 40 of The Administration of Justice Act and will report you accordingly."

 

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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As a matter of interest - I have been having a look at the 3 or 4 pages of statements that they have sent to me purporting to be from my account.

 

They have 2 different account numbers - i think one may be the current account but i can't tell and the account numbers mean nothing to me at all. I do not recognise them.

 

The figures are in classic NW statement form - with the figures quoted in the balance columns as e.g. 1,300 OD or 13,000 OD.

 

Now I recall them changing the big o/d to a loan - are they now purporting to pass this off as just an o/d and not a loan do you think so the CCA does not apply?

 

And they have not sent an uptodate breakdown as to how the figure they are seeking has been reached so if it is mine, I just don't know how they have come up with the figures.

 

Bu the way, I have completed the letter. Thanks for your help.

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It sounds as if they just don't have the paperwork to substantiate the account.

 

Overdrafts are not exempt anyway from the Act, they just have part V exemptions (form and content). They would still need to provide a copy of the agreement.

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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