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BerryN-v-Horwich Farrelly Solictors


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Re: TED BAKER CARD

 

CCA'd on 07/08/07. Recorded Delivery - signed for on 08/08/07.

 

Received a letter with my postal order back saying:

 

Dear.............

 

Reference Number..............

 

Due To STYLE CARD Amount Due £0.00

 

Account No............. Name BERRY

 

 

Further to your recent letter, the above account has been returned to our client. W have enclosed your postak order, please contact the above client for further details.

 

Yours faithfully

 

Collections Manager

 

 

 

 

 

They haven't given me any other details. What do I do now??

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Letters from Horwich Farrelly are likely to have come from Robinson Way's address, and in fact will have been sent by Robinson Way. If they've returned the file to their client, it's usually because you have CCAd them and they don't have the agreement.

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  • 3 weeks later...

Received letter from Robinson Way & Co with postal order back:

 

Dear "BerryN"

 

Due to Style Card Amount Due £.00

Acount Number ............... Name BERRY

 

Further to your recent letter, the above account has been returned to our client. We have enclosed your postal order, please contact the above client for further details.

 

Yours faithfully

 

Collections Manager

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The fact they sent the P.O. back does not alter the fact that you made a legal request for your CCA.

 

They would be in default in 12 days but in reality Robberscum have got diddly squat by way of a CCA so have passed it back to the Original Creditor. Keep it so you can send it to the next DCA who tries to claim the alleged debt

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A complaint to TS against HF for non compliance and a letter to HW requesting copy of their complaints procedure. There is a very good BOG OFF letter that you can send but as you want to report these cowboys to the FOS I think its better to appear reasonable at first by going the official way. You know that they havent got a CCA so all their threats are in vain.

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Before you report them to TS for Non-compliance you must wait for them to demand payment again after the 12+month has expired.

 

Remember CCA requests are a game of "Who Blinks First"

 

So they say they have returned it to their clients.

I've had a couple of these and heard NOTHING for over 6 months now, and that's the newest one.

Be VERY careful whose advice you listen too

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  • 1 month later...

UPDATE

I have got confused above - this is actually an HMV debt for £1000 ish. Anyway.... I CCA's them on 07/08 and they signed for it on 08/08 and I heard nothing since until yesterdays post (20/10/07):

 

Dear BerryN

 

Due to: Style Card

Amount Due: £1055.75

Account Number: 5001..........

Reference NUmber:52...........

 

WHERE HAVE WE GONE WRONG?

 

On behalf of the above names company we have sent you a whole series of letters, we have tried to telephone you, and our local representative has repeatedly called at your address - all with no success.

 

Our client wants full payment but this may not currently be with your means. We want to reach a satisfactory settlement for you.

 

REDUCED SETTLEMENT OFFER - TELEPHONE US NOW AND WE MAY REDUCE YOUR DEBT

 

Our client may be willing to accept a reduction in the amount you owe in FULL AND FINAL SETTLEMENT OF YOUR ACCOUNT. If you wish to take advantage you must telephone the number above so that we can conclude the details.

 

Yours faithfully

 

Collections Manager

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Well a few things wrong with that letter:

 

* I have received NO telephone calls

* There has NEVER been a local representative at my address

* They have sent me NO letters since before I sent them the CCA request in August.

 

 

 

 

Please help me sort this out??

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Time to slap them I think as they are in criminal default.

Edit as needed.

 

Account In Dispute

 

Ref:

 

Dear Sir/Madam

 

Thank you for your letter of xx/xx/xx, the contents of hich have been noted.

 

You have failed to respond to my legal request to supply me a true copy of the original Consumer Credit Agreement for the above account.

 

On the **DATE** I wrote to you requesting a copy of the credit agreement and other information under the Consumer Credit Act 1974 (Sections 77-79).

 

On **DATE** a member of your staff signed for delivery of my written request and I have an electronic proof of delivery showing their signature and the date.

 

To date you have failed to comply with these requests in any way, whether by confirmation of receipt of the request or by supplying the requested documents.

 

These documents I requested should be readily available as proof of your legal right to collect this account under the Consumer Credit Act 1974.

 

In my letter of the **DATE** I made a formal request for a copy of the signed, executed credit agreement for the above account under section 77(1) of the Consumer Credit Act 1974. In addition a full statement of this account should have been sent to me detailing all debits and credits to the account.

 

Furthermore

 

 

You are aware that the Consumer Credit Act allows 12 working days for a request for a true copy of a credit agreement to be carried out before your client enters into a default situation.

 

If that request is not satisfied after a further 30 calendar days your client commits a summary criminal offence.

 

These limits have expired.

 

As you are no doubt aware section 78(6) states:

 

If the creditor 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.

 

Therefore this account has become unenforceable at law.

 

As you have Failed to comply with a lawful request for a true, signed copy of the said agreement and other relevant documents mentioned in it, Failed to send a full statement of the account and Failed to provide any of the documentation requested.

 

Consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS.

 

Furthermore I shall counterclaim that any such action constitutes unlawful harassment.

 

Please note you may also consider this letter as a statutory notice under section 10 of the Data Protection Act to cease processing any data in relation to this account with immediate effect.

 

This means you must remove all information regarding this account from your own internal records and from my records with any credit reference agencies.

 

Should you refuse to comply, you must within 21 days provide me with a detailed breakdown of your reasoning behind continuing to process my data.

 

It is not sufficient to simply state that you have a ‘legal right’; You must outline your reasoning in this matter and state upon which legislation this reasoning depends.

 

Should you not respond within 14 days I expect that this means you agree to remove all such data.

 

Furthermore you should be aware that a creditor is not permitted to take ANY

Action against an account whilst it remains in dispute.

 

The lack of a credit agreement is a very clear dispute and as such the following applies.

 

* You may not demand any payment on the account, nor am I obliged to offer any payment to you.

* You may not add further interest or any charges to the account.

* You may not pass the account to a third party.

* You may not register any information in respect of the account with any credit reference agency.

* You may not issue a default notice related to the account.

 

 

I reserve the right to report your actions to any such regulatory authorities as I see fit.

You have 14 days from receiving this letter to contact me with your intentions to resolve this matter which is now a formal complaint.

 

I would appreciate your due diligence in this matter.

 

I look forward to hearing from you in writing.

 

Yours faithfully

BLAH

Be VERY careful whose advice you listen too

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  • 3 weeks later...

UPDATE

 

Letter from Robinson Way & Co dated 31/10/07:

 

Dear BerryN

 

Further to your recent letter, we would be happy to supply you with any information requested under the Data Protection Act for the statutory fee of £10.00. Please not ewe can only support this information from the time we were instructed to collect on this account.

We have now returned this account too our client, you should contact them for further details.

 

Yours faithfully

 

Collections Manager

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  • 1 month later...

UPDATE

Letter from APEX Credit Management (previously known as the BCW Group PLC) at my new address that i have never given them - have kept all debt stuff at my parents address:

 

03/01/08

Telephone: 0871 244 2816

Apex Ref: .......

Client Ref: 500.............

 

Re: Royal Bank Of Scotland Group

Debt Outstanding: £1055.75

 

Dear Sir/Madam

 

We have recived instructions from our above named clients to initiate formal debt collection proceedings for the unpaid debt as detailed above.

 

Please contact this office immediately in order that we can discuss a satisfactory settlement to this matter.

 

Unless you make arrangments to settle the account within 72 hours our agent may be instructed to attend your premises to establish your residency and reason for non-payment.

 

You must take this opportunity to settle the matter amicably in order to avoid possible legal action being instigated.

 

Please do not underestimate the seriousness of this matter and attend to this notice immediately a this will be your final opportunity.

 

If you are experiencing financial difficulties, or you wish to make a proposal please call us today.

yours faithfully

 

Apex Credit Management

 

Recoveries Department

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