1ST Credit / Dzimitrowicz York / Commaught Collections chasing me re Halifax debt

[Us versus Debt]

Hi, I have started posting on this forum after after my partner and I admitting to each other that our debt is out of hand and needs to be sorted properly.

 

We admit to owing money although not mentioned this to any debt collector As we are now in a situation both employed we wish to start making regular payments to try and clear our debts but are reluctant to pay all the excessive charges put on top. Also previously when we asked for documents of breakdown the standard letter was sent with no information.

 

We get the regular calls but since my partner leaves home at 7am and doesn't get home till 7pm most nights as this is in his name they refuse to speak to me!

 

The Halifax Credit Card defaulted back tin 2003 which is when the last payment was made. The amount they are chasing for is £4,085.83 and a lot of this is charges from defaulting in 2003 with no further ppayments made since then.

 

The last letter we received was on 15th Jan 08 which was the usual pay now or face legal action.

 

Can anyone advise of the best way to tackle this as we are not getting anywhere with requests for proper details.

 

Thanks

Edited August 28, 2008 by Us versus Debt
Makenzie hall now involved

[maroondevo52]

Hi, Us versus debt.

 

Have you sent them a S.A.R - (Subject Access Request), to see what charges they have applied to your account. So you can claim your charges back ?

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/516-1-data-protection-act.html

 

Regards.

 

Scott.

[Us versus Debt]

no I haven't. I've been told about a SAR on another old debt I am trying to sort out so will have a look at this. I think Ive been told about a template somewhere so will go and search.

[Us versus Debt]

okas an update, I sent a CCA request on the 20th March using the template on here. No response to date from Connaugts.

 

Today I have received a letter from ScotCall???? advising of a doorstep collection - ike to see them try as I'm never in!

 

Anyway how has Scocall managed to get this debt when it was with Connaughts with no notice whatsoever and no reply to my CCA request has been given. This was sent recorded delivery of which I have a signed signature on the royal mail site

 

HELP!!!!!!!!!!!!!!!!!!

[maroondevo52]

Hi, you could send this to Connaughts.

 

 

**Edit to suit**

 

 

Account In Dispute

 

Ref:

 

Dear Sir/Madam

 

Thank you for your letter of xx/xx/xx, 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 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 77(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

 

Remember, print your name, don't sign.

 

 

 

Regards.

 

Scott.

[Us versus Debt]

thanks for that, will send to Connaught, but what about Scotcall?

Do I just ignore their letter?

[maroondevo52]

Hi,

 

Send Scotcall this.............

 

 

**Edit to suit**

 

 

ACCOUNT IN DISPUTE

Dear Sir or Madam,

Account number: XXXX XXXX XXXX XXXX

 

I must admit that I am rather bemused as to why this account has been passed to yourselves, as it is in dispute with the **original creditor/DCA** and has been since DATE 2007.

Not only is this a breach of OFT collection guidelines, but also in breach of the Consumer Credit Act 1974 and Data Protection Act 1998

 

My last letter from **original creditor/DCA** was DATE and intimated that my complaint would be

resolved on **DATE**, this obviously hasn’t happened.

As **original creditor/DCA** are now in default of my Consumer Credit Act request, OFT Collection Guidelines, *Subject Access request and have also breached *s10 Data Protection Act request , I consider this account to be in SERIOUS DISPUTE.

 

As you are aware while my Consumer Credit Act request remains in default enforcement action is NOT permitted, under s127 this constitutes a complete defence at law.

 

Now I would respectfully suggest that this account is returned to the **original creditor/DCA** for resolution of these defaults and breaches, as **New DCA** cannot lawfully pursue any enforcement activities.

 

If **New DCA** chooses to ignore my dispute and attempt enforcement, I will initiate legal action and file reports with the appropriate authorities, including, but not limited to, Trading Standards, Office of Fair Trading, Information Commissioners Office, Financial Ombudsman Service and possible court action.

 

After taking advice, I am of the opinion that any continued pursuit is in violation of the Administration of Justice Act 1970 section 40 as well as breaching a number of the OFT Collection Guidelines

 

I hope that this will not be necessary and an acceptable solution can be accomplished.

 

I would appreciate your due diligence in this matter.

I look forward to hearing from you in writing.

 

Yours faithfully

 

Remember, don't sign it

 

 

Regards.

 

Scott.

[Us versus Debt]

heres an update

so far nothing from 1st redit - not even a response - have proof of delivery signed for but postal order not cashed?

 

have received a few letters and calls from makenzie hall (lovely peeps not) including one that sneakily looked like a payslip even though we knew it wasn't one as unfortunately not due any extra cash!

 

finally makenzie managed to catch me in to which i explained about outstanding cca and asked why have makenzie hall sent over 20 a4 pages of the same stuff with different dates on basically saying amount owed, payment due like a statment but with no transactions on.

 

Their response is that they don't have to supply the cca as it is so old and that we have to pay the amount chased for.

 

He also said that under the voluntary termination of the card???? we would have to pay. I don't quite get what he meant here but told him he was talking bollocks about the cca.

 

He got really offended by the word bollocks and said as i was rude to him he would hang up, actually he said

him: " i wont talk to you if you continue to be rude"

me: "what rude word?"

him: "the b word",

me: "what bollocks?"

and he then hung up - I only said bollocks!!!!!

 

So I decided to call back (on the cheap number of course) and spoke to a less offended and more friendly chap who wasnt offended by the word bollocks although I promised not to use it and i apologised for offending his colleague - i think he found this funny!

 

Anyway he has said go back to 1st credit as Mackenzie don't have what I am requesting but that Makenzie can chase it as it is owed. he also said advice given by CAB and here was tainted or misquoted - I did not quote at him

 

He said they don't have to prove it is owed to chase it??????

 

what now?

Edited August 27, 2008 by Us versus Debt

[Us versus Debt]

anyone?

[maroondevo52]

He said they don't have to prove it is owed to chase it??????

 

Eh, don't think so, that would mean, anyone could tell you that your due them money and expect you to pay it.

 

They have to prove it, it's up to them to do just that, not for you to prove it's not owed.

 

Give them a bit more time, and see what they throw at you next.

 

Regards.

 

Scott.

[Us versus Debt]

still nothing, Why can these companies send endless letters but cannot comply with a simple request?

[maroondevo52]

I'm still waiting for a CCA from Cabot, I asked for it about six months ago

[Us versus Debt]

well last saturday l sent cabot a 'where is my cca requested and why is muckenzie calling me when account in dispute' letter which I have used a template letter from this site,

 

Meanwhile Muckenzie continue to amuse me with their calls.

Today they phoned my mobile asking for my partner. I told them they had phoned his partner and asKed what they wanted. The chap said it was on their file not to speak to his parter as she is rude!!!

 

Me? Rude? Honest I'm not! l only said "bollocks" to them once!

 

So I told the chap (and I'm sure it was the same bloke from previous call) that if he didn't want to speak to me then stop calling my mobile. He then said please ask partner to call them back to which I advised him I am not a telephone message service and to contact him themselves,

This is the part when they hung up!

 

Well,it gave me a few mins of entertainment and my partner was quite amused when I called his mobile-that is the one Muckenzie want but don't seem to be able to get,

 

Never mind Muckenzie, Just Call Me

[Us versus Debt]

and another call to my mobile.

and guess what - he would not speak tome.

 

SO STOP CALLING ME THEN YOU IDIOTS

 

lol you gotta luv them!

[MarkedCard]

Well that made me smile Talk about the shoe being on the other foot, they're actually intimidated at the thought of calling you..!! Can I employ you to answer the calls these people make to me.!!

 

By the way have you ever have received your CA?