Jump to content

dive1082

Registered Users

Change your profile picture
  • Posts

    59
  • Joined

  • Last visited

Everything posted by dive1082

  1. I will post them tomorrow and update you with their replies. Many thanks for the help Brig.
  2. Would something like this do Brig: Thank you for your letter dated 13th December 2011, the contents of which have been noted. I would like to formally complain regarding this account as I do not recognise this account or debt. As you are unable to provide me with the copies of the original signed credit agreement, I can only assume that this matter is now closed. I would also like to complain that according to my recent copies of my credit file, this account is showing as a separate credit account that is in default. This is in addition to the account that is in default from the original creditor. This in effect shows two accounts in default for the same account which is not correct. I am now formally requesting that these accounts be removed from ALL credit reference agency records within 14 days of receipt of this letter. Failure to do so, will result in a complaint to the information Commissioners Office, the FSA and the OFT. Yours Faithfully
  3. Thanks Brig. Do you know if there is a template on here or should I just write it ad hoc?
  4. This looks like thats what they are saying Brigadier.... Is there a way to get this off my credit file as this is a disputed credit agreement? Also, this is a duplicate agreement on my file as the original creditor is showing as well as this DCA and both are in default which makes it double bad.
  5. Hi all, I have had a response from one of the DCA's regarding the 12 day letter I have sent. Does anyone know where I can upload this for all to see and advise me on it? I have uploaded them as an attachment but don't know if theis is showing on here. Regards Dive1082 Cabot response to 12 day expiry.doc
  6. Hi all, Does anyone know how I would go about trying to get these removed from my credit file? Is this possible? This is the bit I am interested in as it will make no real difference if it stays on my file even if I pay it or not. I don't know what the process is now that the DCA have failed their statutory duty. Anyone help out?
  7. Dear all, After sending the letter to the DCA's telling them that they haven't provided me with the copy of the agreement within the timescale, I have received 5 letters (all identical) from one of them. The letters go like this: "Dear XXXX" We are waiting for your credit agreement I am afraid we have not received a copy of your credit agreement from XXXXX yet. They are still trying to retreive it from their archives. We have placed your account on hold until we receive further information. When we have received it from them, we will post it to you straight away. We won't write to you again until we have the agreement but if you have any questions in the meantime please call us on XXXXXXXXX" So, does anyone know what I can do now? They have failed to provide it within the legal time frame. Thanks all
  8. Hi all, I have sent this letter today to the DCA's and will keep you updated of their response. "Dear Sir/Madam, RE: ACCOUNT IN DISPUTE − Account/Reference Number Thank you for your letter, the contents of which 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 XXXXXXXXXI made a formal request for a true signed agreement for the alleged account under consumer credit Act 1974 s77/78. This was acknowledged by you in your recent letter. You have failed to comply with my request, and as such the account entered default on 06th December 2011. The document that you are obliged to send me is a true copy of the executed agreement that contained all of the prescribed terms, all other required terms and statutory notices and was signed by both your company and myself as defined in section 61(1) of CCA 74 and subsequent Statutory Instruments. If the executed agreement contained any reference to any other document, you are also obliged to send me a copy of that document. 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 you/your client enters into a default situation. This limit has 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. Therefore this account has become currently 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. You will also be aware of the CPUTR 2008 and the OFT's guidelines on debt collection which state under the title Deceptive and/or unfair methods - Examples of unfair practices are as follows - 2.8 (i) - 'Failing to investigate and/or provide details as appropriate, when a debt is queried or disputed, possibly resulting in debtors being wrongly pursued' (k) - 'Not ceasing collection activity whilst investigating a reasonable queried or disputed debt' 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. I reserve the right to report your actions to any such regulatory authorities as I see fit. You have 21 days from receiving this letter to contact me with your intentions to resolve this matter which is now a formal complaint. I look forward to hearing from you. This should be in writing; I have no wish to correspond by telephone.
  9. Many thanks indeed Brig, I'll get them off tomorrow.
  10. Many thanks Brig. Would this be admitting the debt? Do you know where I stand now that the company's haven't supplied me with the agreements in the time limits?
  11. Hi, I've written to the CRA's but they have written back stating that the DCA's and CC company's have stated that the information is correct and I have write to the DCA's etc. I have done this but have had no response. I have also written asking for the copies of the credit agreements, again, they have not supplied this. The 12 days plus 2 is now past and I was hoping to find out what my next steps would be?
  12. Hi thanks, I'll check the dates. But should I have seperate accounts for the DCA'S and the original Credit company's? This now looks like I have defaulted in 12 accounts. Also, does anyone know what my next step is after sending the letters for my original agreement?
  13. Hi Citizen, Yes this does seem to be the case, however, it does now look like I have double the amount of accounts that have all defaulted which is not the case. The DCA'S have all failed to send me the requested copy of my signed credit agreement within the statutory time so I was wondering what my next options are.
  14. Hi Silverfox, I wrote the CRA's but they have come back and said that the DCA's have stated that the information is correct and that I have to deal directly with them (DCA's). I had 6 defaults by the CC company's but these show as settled. There are now 6 accounts showing from the DCA's that are the CC accounts that have been sold to the DCA's which are now showing as defaults. This makes a total of 12 accounts that have been defaulted but in reality, there were only ever 6 accounts.
  15. Hi Bazooka, What do you mean by failed letter? Do you mean send them the next step letter re failing to provide the agreement?
  16. I have requested a signed copy of the agreement from all of them which I have not received. The 12 days plus 2 are now up.
  17. Yes. There are 6 defaulted files from the original creditors, but these all now state "settled". There are now 6 more from the DCA's all showing defaulted. This makes a total of 12 defaults.
  18. Hi Ims, The DCA's are Lowell, Experto and Cabot. The original credit agreement was with the usual CC company's. Rather not post their details
  19. Thanks Ims, appreciate it. Do you know what the next steps are after the letters and them missing the timescales?
  20. Hi Ims, I sent a request for signed copies of my credit application on the 16th November as I am disputing the debts. The original credit company's have settled the account a couple of years ago. (I was made redundant and the CC company's wouldnt accept the payment option, but reminded me that I should have taken out PPI!) Anyhow, I am now divorcing my wife and need to look at getting a mortgage. When I checked my file, the accounts are still listed both with the CC company (listed as settled) and now the DCA's have me listed as having accounts with them which are in default. So it looks like I have double the number of accounts that I actually have and all defaulted!
  21. And if you can, photo's of the location, the line, (does the end of the line have terimination bars? What is the width of the line?) and photos of any time plates. These must be positioned adjacent to the line that it is reffering to. (Unless it is a CPZ)
  22. What are the restrictions? Is the area a CPZ? (Controlled Parking Zone) Oh and what offence code was used?
  23. Hi Green, your right, it could have been a code 2. This is the reason we need more info as this is just one of many examples. The reason I requested a PM was to ensure accurate information is obtained and advice on that info given as each council has various differences. I am not trying to deviate away from the open forum but as the clock is ticking and winning or losing an appeal could be at stake, a PM would speed up the process and reduce the confusion.
  24. I have had a lot of experience with parking issues with an excellent sucsess rate. The first thing you need to do is check to see if the ticket is actually valid. Over 70% of tickets issued are incorrect. This could be one of a number of points. Has the right parking offence code been applied (code 01)? Is there timeplates in situ which is a legal requirement. There are lots more which I will be happy to guide you through. Drop me a PM
×
×
  • Create New...