Court Action or sending the boys round

[clutchingatstraws]

Wescot have sent out a threat-o-matic to me, I saw a cracking reply on the forum a couple of days ago but after much searching I can't find it.

 

Can anyone point me in the right direction Please.

 

They are 12+30 expired.

 

Nice to see DMD is staying with the forum. :-D

[Curlyben]

Now what letter are you responding to as that makes a difference ?

I have a number of good letter's that maybe useful.

[clutchingatstraws]

NOTICE OF PAYMENT DEFAULT

 

ACCORDING TO OUR RECORDS YOU HAVE NOT KEPT TO YOUR REPAYMENT AGREEMENT

 

THE PAYMENT AGREEMENT IS NOW IN ARREARS AND IN DEFAULT

 

UNLESS YOU CLEAR THE ARREARS ON THIS AGREEMENT WE RESERVE THE RIGHT TO TAKE FURTHER ACTION TO RECOVER THE FULL OUTSTANDING BALANCE. FURTHER ACTION WILL INCLUDE COURT PROCEEDINGS AND/OR REFFERAL OF YOUR DEBT TO A DOORSTEP RECOVERY ORGANISATION FOR A HOME COLLECTION VISIT.

 

 

IT IS VERY IMPORTANT THAT YOU TAKE IMMEDIATE ACTION TO PAY THE ARREARS. YOU CAN DO THIS BY...........

 

..................................................................................................

 

 

 

Thanks for looking

 

Cas

[Curlyben]

Oh one of them.

 

Easy really here you go:

Dear Sir/Madam

Re: Account/Reference Number xxxx xxxx xxxx xxxx

Your Reference: xxxxxxxx (optional)

In response to your letter dated April 3rd, I refer you to my letters of February 9th and March 3rd, where I made a formal request under Consumer Credit Act 1974 (Section 77-79).

I advise you that on 1st April 2007 you committed the offence laid down in Section 77(4)(b), and that as per Section 77(4)(a), you are not legally entitled to enforce the agreement.

The Consumer Credit Act 1974:

S.77(4) 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.

It is also my belief that your continued pursuance of this matter also constitutes an offence under Section 40 of the Administration of Justice Act 1970.

It has also come to my attention that as you are unable to supply any documentation that you will also be in breach of the Data Protection Act, and as such you should no longer be proccessing any data in relation to me.

I now have the option of reporting you to the Office of Fair Trading and Trading Standards in relation to these matters. However, prior to doing this I am giving you the opportunity to suggest an acceptable conclusion to us both in this matter. Please be advised that if you follow up to this letter with further threat/s that I will not hesitate to take matters further and as suggested and without further notification. Possible legal action may also follow.

I would appreciate your due diligence in this matter.

I look forward to hearing from you in writing.

Yours faithfully

Edit to suit.

[clutchingatstraws]

Thanks CB much appreciated

 

Cas