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do i ignore this letter???


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this is a former dixons/hfc debt from around 2 years ago....1st letter stated it had been 'bought' by another company.

 

 

i'll start , after 3 'demand' letters,6/6/07,21/6/07 & 6/7/07 i wrote of behalf of partner sending a s.a.r. + 10 pound cheque signed by me (i aint thick) lol, anyway, at the top of the letter,i had put as they state they 'own' the alleged debt, i was advising them them the 'contract' with any rights,privileges & liabilities,i intend to reclaim all/any charges from their company,when they produce the following:

request for full disclosure,transcripts etc, you know all that bit anyway.

now, the cheque was cashed last week (3rd august)

yet recieved a letter dated 2nd august this morning, basically saying they appeciate the comments raised and they are anxious as partner(sorry,they mean me.lol) to resolve the matter. in order that we may investigate this further and update records they wouldneed additional info?????

THEY CASHED THE CHEQUE,i actually wrote on back of cheque,for s.a.r. payment only,THEREFORE LIABEL TO PROVIDE S.A.R.

THEN, O PLEASE PHONE US,(AS IF MATE) TO SPEAK TO SPECIALIST DEPARTMENT(I PROB HAVE MORE EXPERIENCE,BY LEARNING IT OFF THIS SITE), AS THEY NEED TO ASK SOME QUESTIONS TO ESTABLISH OWNERSHIP OF ACCOUNT.(YOU CASHED THE CHEQUE,SEND THE INFO), they found him at this address, they need prevous address(es) to ascertain that may be applicable to their enquiry.(sorry, you get paid to do that, he ((ME!!!)) AINT GOING TO BE DOING THE WORK,OR MAKE IT EASIER FOR YOU).

THEY WOULD LIKE TO REASSURE THAT THEY WANT TO RESOLVE THIS MATTER AND LOOK FORWARD TO THE CALL(

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ANYWAY, sorry, again, i'm that fed up with silly letters from ,dcas, companies saying they own formers debts(partners), so, i am not sure what to do now, just leave it for the 40 days to come round?

 

omg, i have just noticed the balance has dropped 10 pounds, they used MY cheque stating S.A.R. and used it on the debt, not S.A.R.....

omg, mmmmmmmmm, need time to think, guess i write(?) but may need help with a very stern letter ....................

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You can always drop them a line to remind them what it is to be used for and the time limit, shows you are on the ball and also that you do want the information, it is so amazing how many orgnisations make this "mistake" lol. IMHO better to get it before 40 days than have the bind of taking action, so a gentle reminder letter will do the trick ;)

Professional Halifax Loather

 

"In the dark, all cats are grey"

 

Illegitimi Non Carborundum

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Groovy, you have gone about this from slightly the wrong angle.

Firstly you MUST ensure that any DCA has the legal right to collect on a debt.

 

 

This is achieved by requesting a copy of the Signed, Executed Credit Agreement via a Consumer Credit Act (CCA) request.

There is a template letter to be found here: http://www.consumeractiongroup.co.uk/forum/general-debt/20758-creditors-dcas-letter-templates.html

Letter N.

Is it important to start the letter:

I DO NOT ACKNOWLEDGE ANY DEBT TO YOUR COMPANY in Big Bold letters.

 

It is best to send this request via recorded/special delivery as there are some important deadlines to observe.

 

After 12 WORKING days the "debt" is in default and stays that way until the request is complied with.

If a FURTHER month passes then the DCA has committed a summary criminal offence and the matter should be referred to Trading Standards for action.

 

I hope this clarifies some things.

 

Now once they have FULLY complied with your CCA then look at any charges on the account.

Be VERY careful whose advice you listen too

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partners' name

our address

account ref

Dear Whomever it may concern,

i write in reply to your letter,dated 2nd august,received 6th aug 2007. The first point

i NEED to make is the cheque was for payment for a S.A.R. yet i notice 10 pounds

has came off the alleged balance debt? I will be requesting my partners' bank to

send a copy of the cheque back to me for my own proof of S.A.R. payment,as it is

stated on rear of cheque,'FOR S.A.R. PAYMENT ONLY'.

So regardless , you are still bound by the law to send everything i require in my

previous letter dated 20/07/2007

I am sorry, but in reply to said letter dated 2nd august 2007, you cashed cheque,so

you must have 'proof' this is my alleged debt, so therefore i will not be doing your

job for you,, obviously, you must have all the paperwork for you to say you/your

client 'own' the debt.(as stated in your 1st letter dated 06/06/2007).

EXAMPLE,

MAN A (A COMPANY)

MAN B (YOU)

MAN Z (ALLEGED DEBTOR)

, MAN A (A COMPANY) SELLS A 'DEBT' TO MAN B (YOU), MAN B (YOU) SAYS

TO MAN Z (ALLEGED DEBTOR), YOU OWE ME 'DEBT', MAN Z( ALLEGED DEBTOR) SENDS

MAN B (YOU) 10 POUNDS FOR S.A.R., MAN B (YOU) IS BOUND BY LAW TO SEND MAN

Z (ALLEGED DEBTOR) FULL DISCLOSURE ETC, IF MAN B (YOU)DIDNT GET ALL THE INFO

FROM MAN A (A COMPANY) THIS IS MAN B's(YOUR) PROBLEM TO SORT OUT, NOT MAN Z (ALLEGED DEBTOR).

i will not be 'calling' your company, i require ALL correspondence from you to

be written.

to clarify,

everything in my letter dated 20/07/07to your company is required and the 40 day

countdown is still ticking.

type partners' name

 

WITHOUT PREJUDICE

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curlyben, sorry,just read your post.......i went straight for S.A.R. because i want them to prove they have copy of deed of assignment, i will send cca request though, though he knows there is a agreement, he can remember signing one, so that isnt the problem, he will pay it, once we get the info we asked for. with charges off, it would be nice if the 'agreement' has been lost, but i dont think so in this case, its only 2 years old, so. thats why i went straight for s.a.r. , basically for the deed of assignment,as we have got 2 separate letters from them saying they 'own' the debt.

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Actually, Just Re-read My Last Letter To Them, As A Request Of Full Disclosure, I Requested An Assortment Of Things,including A True Copy Of The Excuted Credit Agreement And Terms And Conditions That Applied When Account Went To Default And Any Different Terms And Conditions When Account Was Opened.....so Therefore I Dont Need To Send Another 1 Pound.........as Ive Already Requested It Under The .s.a.r.

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Oc----this Company Sold The Debt So Therefore The Company My Partners Dealing With Are The Legal Owner According To Them.so Therefore I Wrote To Them With S.a.r. Payment And Letter Stating What I Want.

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Erm, on a technical basis, they can file the S.A.R. in the bin, as they are only required to respond to a request from the individual concerned.

i will be off site for the next month or so. if you have any problems, feel free to report the post so a moderator can help you.

 

I am not a qualified or practicing lawyer.

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This Isnt A Dca, Its A Company

 

If it ISN'T the OC then it is a DCA, doesn't really matter what they call themselves, they are in the business of collecting debts.

 

As Tom rightly points out they wil happily ignore SAR, but a CCA is a legally binding document, with serious consequences.

Be VERY careful whose advice you listen too

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ok, just printed off letter for cca......................still sending another letter about s.a.r. though,

tomterm8: regarding:

Erm, on a technical basis, they can file the S.A.R. in the bin, as they are only required to respond to a request from the individual concerned.

 

 

Sorry, i am writing all the letters but putting his name on them as if it is him writing them, and as for the cheque, i signed it on his behalf, he could simply say he has no cheque book........so, as far as this company is concerned, the correspondence is from the him, so therefore your point of only required to respond to the individual concerned , then they should respond................i am not putting my name on any of this letters, but partners' name, as if he wrote them.

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Don't use "WITHOUT PREJUDICE" on letters. It means that you forego the right to produce in court.

If my post was helpful don't forget to click the star!

Advice is offered freely, without liability and without prejudice.

If in any doubt professional legal advice should be sought.

 

I do not profess to be in any way legally trained, I am a big

oily truck driver and all I know has been learned within the

Consumer Action Group.

 

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http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/

 

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It seems to me your getting yourself in a right kur-fuffle.

I think you should take a breath and start again. use the template and send a CCA request first, use a postal order to save confusion plus they dont have signatures and bank details.

 

Sit back and wait for the reply regarding a CCA request then post what you have been told by the DCA and the peeps here will be happy to advise.

Ash.

 

If you think I have helped you, please add to my reputation by clicking the star button to the left.

Thankyou.

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