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BerryN-v-Buchanan Clark & Wells2


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I sent the CCA request on 27 July 2007:

 

Buchanan Clark & Wells

11 Elm Court

Stratford-upon-Avon

CV37 6PA

27 July 2007

 

 

 

Account Number: .................

Client Ref: ............

 

Dear Sir/Madam

 

I do not acknowledge ANY debt to your company. I require you to supply the following documentation before I will communicate further on this matter.

 

1. You must supply me with a true and signed copy of the alleged agreement you refer to. This is my right under your obligation to supply a copy of the agreement under the legislation contained within s.77 (1) / s.78 (1)

Consumer Credit Act 1974 - your obligation also extends to providing a statement of account. I enclose a £1 postal order in payment of the statutory fee, PO Serial Number

 

2. If this debt has been sold to you, please supply me with a signed true copy of the deed of assignment of the above referenced agreement that you allege exists.

 

3. You are notified that you are obliged to supply these documents, whether you are the original creditor or not under S189 of the CCA 1974.

 

4. Non-compliance with my request is a criminal offence under the above Act and will result in a report being submitted to the relevant statutory authorities.

 

5. As you are aware, a credit agreement that is not properly documented and signed by the customer is totally unenforceable under the CCA and therefore is a complete defence to any court claim that is issued.

 

6. Furthermore you are reminded that under the above Act, whilst the default continues you are not entitled to enforce the agreement in law.

 

 

Yours faithfully

 

 

 

 

This was received by them on 9 August 2007. To date I have heard nothing.....

 

Should I do anything????

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WAIT.

First deadline 12 (+2) WORKING days - 16 Aug

Second deadline 1 further Month - 16 Sept.

 

Now after the first deadline has passed the debt is in default and NO enforcement activity can be taken until this is resolved, also you can legally stop any payments.

Now once they pass the second deadline with non-compliance they start getting into serious trouble.

WAIT until the demand payment again after the second deadline and, assuming they still haven't complied, report them to Trading Standards for action.

Be VERY careful whose advice you listen too

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Subscribing...

 

You might want to remove your name from your post and get a mod to remove the duplicate thread unless its for a separate alleged debt ;)

"To love unconditionally is the greatest gift, laughter is a close second" .To give your time to help others after being helped here is the best way to show your appreciation to your fellow CAG members.

 

Please note that this advice is given informally, without liability and without prejudice. Seek the advice of an insured qualified professional if you have any doubts. All my knowledge has been gained here, for which I'm very grateful. I'm a Journalist, not a law professional.

 

If you do PM, make sure to include a link to your thread as I don't give out advice in private ;)

BB 13 - DCAs/banks and solicitors 0.

 

I get a fresh start to get on with learning to live with severe disabilities when they could have had something if they'd been understanding...

 

<--- If you feel I've helped, please twinkle my star :)

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  • 2 weeks later...
What do I do to make the debt "go away"

 

The debt will not go away it will just be unenforcable by a judge.

 

There is ways of removing the default but its gets very tricky

 

 

RO

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i havent got that far myself yet but if you fish around this site there are plenty of threads with info on.

 

RO

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Are the deadlines from the date of the letter or from when they signed for it???? If it is from the date of the letter - they are commiting a criminal offence and I want to make them pay for the abuse they have given me over the years?????

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12 + 2 from date of posting, have you used track and trace to ensure they got it? 30 further calendar days unless the 30th falls on a Sunday and then it's 31, then they're committing a sumary criminal offence.

"To love unconditionally is the greatest gift, laughter is a close second" .To give your time to help others after being helped here is the best way to show your appreciation to your fellow CAG members.

 

Please note that this advice is given informally, without liability and without prejudice. Seek the advice of an insured qualified professional if you have any doubts. All my knowledge has been gained here, for which I'm very grateful. I'm a Journalist, not a law professional.

 

If you do PM, make sure to include a link to your thread as I don't give out advice in private ;)

BB 13 - DCAs/banks and solicitors 0.

 

I get a fresh start to get on with learning to live with severe disabilities when they could have had something if they'd been understanding...

 

<--- If you feel I've helped, please twinkle my star :)

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