SLC Cannot Supply The Original Agreement

[noomill060]

This is serious. Please just go see a solicitor.

 

HSBC are waiting for you to start the Court action you promised.

[noomill060]

If you dont, they will assume you are another easy target.

[rhsymonds]

sorry noomil, my mistake. I didnt threaten court action, i threatened to report them to the relevant authourities.

[noomill060]

No wonder they didnt take you seriously!

 

Phone Consumer Direct (Trading Standards) on Monday, anyway. (Fat lot of good it wll do, but at least your case will be logged.)

 

Then find a solicitor who knows about consumer issues. The CAB will be able to help.

[noomill060]

Im just feeling my way through this myself. Woulnd want to anyone to follow my example and lose out.

 

But hey, I have nothing whatsoever to lose and everything to gain!

 

[Peterbard]

Thanks noomill, They provided me with a copy of my precontractual agreement (unsigned, undated and created that day i imagine) and a letter thanking me for accepting it as a true copy (obviously i did nothing of the sort). I replied with a letter saying they are still in default and they had 14 days to show me a £0 balance or id start court action. They have indeed reduced the account balance to £0 by closing it and passing it to metropolitan !!

 

Any pointers to the actual harassment template would be great as i get lost in that template library for hours if i try to find anything : )

HI

I know the gut reaction to this type of thing is hard to resist .

But what i have done on a couple of occasions for members of the CU is to ring the DCA and tell them that the debt is in dispute and that they have in effect bought a turkey.

Get the persons name you are speaking to and copy him athe initioal request with a covering letter stating the default that the agreement is currently under ,I think you will find that the account is passed back to the source pretty sharpish,

Just my experiance.

Best regards

Peter

[Peterbard]

Hi Peter, just a quick one as i know your busy, Would you reccomend sending the harassment letter and another CCA to Metropolitan, even though HSBC still havent provided me with one for the same debt ?

 

Cheers

HI another tactic is to send them a letter quoting secton 189 definitions

“creditor” means the person providing credit under a consumer credit agreement or the person to whom his rights and duties under the agreement have passed by assignment or operation of law, and in relation to a prospective consumer credit agreement, includes the prospective creditor;

Include acopy of the 77 request and tell them that itis now them that are in default and the same time scale applies.

This usually has the same ffect as the above,it also helps if you thorow inthe possible effect none compliance will have on their liscence to offer credit

 

Regards

Peter

[noomill060]

This is what I wrote at the end of my CCA request sent to Wescot. i got an acknowlegement from them in April, then at the end of May a copy of the app form turned up direct from Barclaycard.

[rhsymonds]

noomill, could i borrow your cca request mentioned in the previous post please ?

 

Obviously if you dont want to thats fine, just thought id ask.

 

Cheers,

 

Ross

[noomill060]

rhsymonds- yes of course.

 

Let me know what happens!

[conchy_joe]

hope you don't mind me putting this post on here but it's been such a good thread it deserves to keep going.i've sent off the first letter to blair. oliver scott and ldc,their 12 working days were up 31may, i've had nothing back from them, not even the usual blank cc agreement copy and knowing how nasty b.o.s can be i'm wondering what they have in mind for me.do i wait the further 30 days out or is their another letter to be written.i'd really appreciate some help please.

[spiritgirl59]

Hiya conchy_joe

 

I wouldn't write back to them - let them hang themselves.

 

You've done what you are lawfully entitled to do, if they ignore your CCA request and go into default/criminal offence territory then that's their problem. Hopefully you sent your request by recorded delivery and can track and trace that they received your CCA at a later date if you need to?

 

I've got a couple of DCAs who have done the same with me - no response whatsoever (although I have checked and they signed for my CCAs) and they are now well over the timelimits all round. I shan't be contacting them, but if they contact me now I will take great delight in writing back and informing them of their default.

 

I'd let sleeping dogs lie for now. Just my opinion from my own experience.

 

If they do write to you, start a new thread and let us know what excuses or otherwise they come up with so peeps on here can advise you further.

 

Best wishes!

 

Spiritgirl

[conchy_joe]

thanks spiritgirl, i've checked on the royal mail website and they have been delivered, i've photocopied the receipt which gives the signature and time. yes, i agree, i'll just wait to see what happens next and start a new thread when it does...vbr..cj.

[Peterbard]

HI

I think we should take some affirative action about the discraceful none action of the OFT.

What i am suggesting is a letter of complaint to the DTI with a few examples on board.

I would like this to be a joint effort so what i have done is produce a rough draft document and invite modifications and especially cases that comply in the form of X verses y defaulted such adate reprted to OFT sucha date no action taken .

just copy the document and post any recomendations to changes in tthe form of the letter and esecially your experiances with the OFT I would hope to get this in the post by the end of the week preferably sooner

 

Best regards

and here it is Peter

 

 

Date

 

Ian McCarty DTI

 

Ref: refusal or inability for the OFT to enforce defaults and offences of the consumer credit act 1974.

 

Dear Sirs

 

We write to you in a matter of great concern regarding the above.

Currently there are a number of creditors that blatantly disregard the requests made by members of the public to provide information as regulated by section180 of the act.

We have a number of records of cases where creditors have failed to comply with the copy of documents regulations in particular sections 77-78 and are currently in the position where they are not only in default by none compliance but have committed an offence.

The designated procedure in these cases is to report the offence to the OFT for investigation and subsequent prosecution if required.

We find however that the response we receive from the OFT is that they cannot afford to pursue the action.

The result of this is that the creditor continues unlawfully to pursue the debt.

A brief example of the cases currently in this position detailed below

 

Example

• 12 May 2007: Request received by capital one for copy documents undet section 77.
  
• 26th May 2007:No response after first statutory period 12 working days they are now in default.
  
• 26th May2007 Offence reported to OFT 25th May Case Number ********
  
• Creditor continues unlawful pursuance of debt.
  
• 26th June 2007:Stil no response From Capital with correct documentation.
  
• 27th june the creditor have now committed an offence this is reported again to the OFT.
  
• No action taken by OFT due to shortage of recources.
  
• Creditor continues to unlawfully pursue agreement irrespetive of the legisation.

Obviously your details will be different you may not have a case nimbler or you may not have reported until after the full 42 days just adapt where necessary.

You can PM me and i will add the details to the letter or Copy and paste this posting back on the thread with your details on it and I will combine it with the others, (with the posters permission) before i send the completed letter. I will post it in full in case the are any alteration people want to make.

If there are any details you want to send but do not want posting let me know and i will leave them off the final posting but include them in the letter.

I do not want anyone to take offence at me doing this off the cuff but we need to do something.

 

Best regards

Peter

[Peterbard]

HI RE Letter to DTI regarding none compliance with section77-78 requests

 

I wondered if it would simplify matters if we put the information in a standard form. If you are in the situation of have notified the OFT or T/S and are having no luck perhaps you would copy this to a word doc fill it in and email it to

 

[email protected]

 

Type of request (section 77/78)

 

Date Request sent

 

Response within 12 working days if any

 

Response within 42 days if any

 

Date default reported to OFT/TS

 

Case Number given if any

 

Response from OFT

 

Comments on conduct of creditor whilst in default if applicable

 

Comments on feedback from OFT/ TS

[ppauls150]

Hi there. I have been reading this thread for quite a few months now and have now also been pointed here for anyone who can offer me a bit of advice with my own problem please. Could someone please have a look at what has been happening over the last 12 months with regards to my CCA request and give me any advice on what you think would be appreciated. Thanks

 

http://www.consumeractiongroup.co.uk/forum/data-protection-default-issues/85122-success-against-bos-default.html#post767599

[conchy_joe]

hi peter, i'm still trying to find the relevent OFT address to complain to re' "reliable",i phoned the OFT # on the web but the guy i spoke to was a chocolate teapot.do you have the address or could you tell me where it is in our archives.thanks..cj.

[tifo]

hi peter, i'm still trying to find the relevent OFT address to complain to re' "reliable",i phoned the OFT # on the web but the guy i spoke to was a chocolate teapot.do you have the address or could you tell me where it is in our archives.thanks..cj.

 

I sent mine here and got a reply within a week ...

 

Andy Lowther,

Enquires and Preliminary Investigations Centre,

Office of Fair Trading,

Fleetbank House,

2 - 6 Salisbury Square,

London.

EC4Y 8JX

[conchy_joe]

thanks tifo,i want to register my complaint asap and see if it's necessary to write to the DTI re' peter's thread.

[Peterbard]

HI

Usually peaople register thier complaint through consumer direct thier web site is here

 

Consumer Direct - Contact us

 

Regards

Petr

[conchy_joe]

hi peter, i did go on that website and phoned the number given,that's when i encountered the "teapot", it advised me to write to the Consumer Centre in birmingham.i think i'll write to the address tifo suggested...many thanks..cj.

[Peterbard]

HI

 

I had the same problem but i badgered my way past them and eventually got the complaint registered.

Anyway more than one way to skin a cat.

 

Peter

[Pliny the Penuriosus]

Also if the DCA claim to have 'purchased' the debt have you considered 'advising' (assuming there is such a claim) that as they now 'own' the contract with all it's rights, privileges & liabilities you intend reclaiming your charges from 'them'

 

The fact that they will have failed to act with due diligence when purchasing the debt or seek an indemnity from the OC is their problem not yours. Scares the h*** out of them.

 

Also enough such claims may well stop the banks selling our debts & details to these companies

[conchy_joe]

i understand where you're coming from pliny, but quite honestly i just want these parasites off my back.once i can relegate "reliable" to the trash can, i can turn my attention to LDC and B.O.S. they have both got 21 days left until they commit an offence.

[Pliny the Penuriosus]

Yes conchy but if they issued proceedings do you have a counter claim? & of course have they purchased the debt