Equidebt - Heatons CCA Request Abbey Loan

[moneydragon]

Hi

 

I sent a cca request to both Heatons and Equidebt as a debt from Abbey has been passed onto these. I have since found out that Heatons were collecting on behalf of Equidebt.

 

Neither responded to my request so on 27.6.07 I sent them both a letter informing them that their time was up and that whilst this account remained in dispute no further payment would be made and I then cancelled my dd.

 

Today I have received correspondence from Equidebt that Heatons will no longer be collecting and that all payments must now be made direct to them. seem like my letter of 27.6.07 has fallen on deaf ears!!

 

My question is can anyone direct me to a letter that yet again confirms what I have already stated back in June? I have seen it on here but after 2 hours of scrolling my brain is now completely gone into shut down!

[The Reverend]

Hi moneydragon,i started a thread on this subject a few days ago,equidebt and heaton's have done this to me a few times now,is this normal for these two company's to do this ???

 

 

 

Sorry to hi-jack,but very interested to see what happens.

[Curlyben]

MD try this, should make them think:

 

Re: my request under s78 of the Consumer Credit Act 1974.

 

Thank you for your recent letter sent to me dated 21st June 2007, the contents of which are noted. However, the reply received by me does not fulfil your requirements under the Consumer Credit Act 1974.

 

The Act demands that I be supplied with a true copy of any properly executed credit agreement that exists in relation to the above account. I may ask for this on demand providing that a fee of £1.00 is paid. This fee was sent with my original letter, dated 26th April 2007. Upon receipt of the original request the specified account legally entered into disputed status.

 

My request remains outstanding. An application form does not constitute a true copy of a credit agreement and that which you sent doesn't even contain all the prescribed terms and is not 'properly executed'. The statements sent do not correspond to the amount stated in your earliest correspondence and therefore they do not satisfy the requirement to supply me with a statement of account.

 

As you will know, under the Consumer Credit Act 1974, a judge is not permitted to make any enforcement order unless the creditor can provide a true signed copy of the original credit agreement. This means that unless you can produce such an agreement, this alleged debt is not enforceable in law.

 

You had until 25th May 2007 to provide me with the true copy I requested. After that date you entered into default of my request. Whilst the account is in dispute, you are not permitted to ask for any payment, nor am I obliged to offer any payment to you. Furthermore, whilst the dispute remains, you are not entitled to charge any interest on the account, nor make any further charges to the account. Additionally, you are not entitled to register any information on this account with any credit reference agencies (or any third party).

 

To register information with a credit reference agency, you must have written consent from the data subject to collate and share such information. This consent is given in the form of a signed credit agreement, so until you produce such an agreement, you may not do this.

 

The requirement for consent to share data is a clear requirement of the Data Protection Act 1998. Any such attempts to share my data without my consent will be met with a complaint to the Information Commissioners Office.

 

The time limits, which are laid down in the Consumer Credit (Prescribed Periods for Giving Information) Regulations 1983 are clear. You must supply an executed credit agreement within 12 working days of a proper CCA request. If you fail to comply with a legitimate request the account enters a default situation and if you fail to comply after a further 30 days you commit an offence. You entered into a default on 25th May 2007 and subsequently committed a criminal offence on 25th June 2007.

 

Therefore you have 7 days from receiving this letter to contact me with your intentions to resolve this matter which is now a formal complaint, otherwise your conduct will be reported to the Office of Fair Trading, the Financial Ombudsman and Trading Standards. Any investigation undertaken by them may affect your ability to offer credit in the future.

 

To sum up, I will not be making any further payments to you until you provide me with the document I have requested. Should you not have any signed credit agreement in relation to this alleged debt, please confirm this in writing to me.

 

I look forward to your reply.

 

Yours faithfully

[rory32]

Really there is no great point in writing to them until they have committed the summary criminal offence. They are aware of their legal obligations.

[moneydragon]

Great thanks curlybean, will get that sent off today.

 

rory, equidebt were in default on 21.5.07 and committed the offence 20.6.07 hence me stopping future payments

 

J

[moneydragon]

Hi all, just to update received the following from Equidebt today:

 

I acknowledge receipt of your letter dated **/**/**. I have noted your comments and I can confirm that the account is awaiting instruction from our client.

If in the meantime you need to contact us about any aspect of this matter please call the following free phone number blah blah.

Yeah as if

 

Reverend - any news?

[The Reverend]

Hi all, just to update received the following from Equidebt today:

 

I acknowledge receipt of your letter dated **/**/**. I have noted your comments and I can confirm that the account is awaiting instruction from our client.

 

If in the meantime you need to contact us about any aspect of this matter please call the following free phone number blah blah.

 

Yeah as if

 

Reverend - any news?

 

 

Hiya Moneydragon, ditto

[moneydragon]

Hiya Reverend

 

So it's just a case of waiting for their next move.

 

Sure is taking them long enough to track the credit agreement down!

[The Reverend]

Hiya Reverend

 

So it's just a case of waiting for their next move.

 

Sure is taking them long enough to track the credit agreement down!

 

 

 

If i have learnt anything since finding this wonderful site and helpful people that offer advice,patience No need to prod something that doesnt need a prod

[moneydragon]

I know, I just was being a bit sarcastic and I had my boxing gloves on ready, but I can wait!!

[The Reverend]

I know, I just was being a bit sarcastic and I had my boxing gloves on ready, but I can wait!!

 

 

 

 

Lol , i know what you mean,no post again today

[moneydragon]

Lol , i know what you mean,no post again today

 

Yeah, I use to dread seeing the postman walk up the road hoping he would walk on past my house, but since finding this site I eagerly await for him walking down my path. Sad isn't it:)

[The Reverend]

Yep in a twisted sort of way

[The Reverend]

Hi moneygragon,any update yet from Equidebt ( Heatons ) or whatever there called this week ??

[moneydragon]

Hi moneygragon,any update yet from Equidebt ( Heatons ) or whatever there called this week ??

Hiya Reverend

 

All quiet on the home front how about you?

[Having_A_Knightmare]

I acknowledge receipt of your letter dated **/**/**. I have noted your comments and I can confirm that the account is awaiting instruction from our client.

 

If in the meantime you need to contact us about any aspect of this matter please call the following free phone number blah blah

 

I got one of them as well.

 

I thought it was not a computer generated one:mad:

 

HAK

[moneydragon]

 

I got one of them as well.

 

I thought it was not a computer generated one:mad:

 

HAK

 

Hiya HAK

 

I like to think it is not a generated one, but that it is down to all the good advice from this site that they have received a few of the same requests and we have caught them out by them not having the original ca

 

Always the optimist!

[The Reverend]

Hi moneydragon and HAK,seems pretty much standard letter i think.Sit and wait for there next correspondence

[moneydragon]

Hi

 

Receive the following from Equidebt:

 

I enclose a copy of the original credit agreement and can confirm that we are now able to enforce the repayment of the debt.

Presumably you are not claiming that you did not enter an agreement to borrow money from **** as we not you have made repayment. If you are then as I am sure you will appreciate the matter will need to be investigated as a suspected fraud.

Regarding your comments relating to the data protection act 1998, we do not consider that there has been sufficient evidence at this stage to demonstrate that the data is being procedded "unfairly" or "unlawfully".

We are prepaared to accept a resonable and realistic repayment arrangement to discharge this debt. To discuss please call blah blah.

Can someone be good enough to look at the agreement and let me know if it is enforceable. If it is then I am prepared to start repayments however not the same as before as I am on incapaticity benefit and I struggled to meet what they were demanding before.

 

Equidebt have still not complied fully as I requested a statement of payments and a balance and todate they have not done so.

 

Any advice:)

 

Having trouble uploading as it has been saved as tif format

[Having_A_Knightmare]

Hi

 

I got the same letter when they sent my agreement,

Thing is they never sent me the T&C so I wrote back.

 

Got a letter the other day saying we have passed your query on to the vendour.

 

Post the agreement up so we can have a look

 

HAK

[linz2011]

subbing

[moneydragon]

Thanks HAK

 

Will post the agreement up when I can figure out how to convert from a TIF document.

 

Technology was never my strong point;)

[Zimmie]

Subscribing. I have similar probs with Equidebt. I requested CCA, they sent a few dodgy looking statements, but no CCA. They committed summary offence back in June, so I eventually sent CCA non compliance letter. They then sent me a copy application form along with a stroppy letter along similar lines to yours re fraud. I just ignored it and as yet I haven't heard anymore...although I'm sure I will soon enough.

Good luck.

[moneydragon]

hi

 

Have managed to upload the cca that Equidebt have sent me. Could someone please look at this and confirm if it is binding.

 

If so, what is my next step as they have failed to prove that they have the right to collect this by send me notice.

 

Also today I have received a letter from them demanding full settlement and my failure to respond could result in further action being taken through the County Court without further notice.

 

 

 

 

 

 

 

Please help.

[Edz11]

Bigger please???