Help Help Help - Im Lost Here

[nmp]

Hi

 

I hav several debts from a few years ago which I have now only had the confidence to challenge.

 

I have been writing to various debt collection companies for a few months. the first letter I sent was requesting the CCA. A few responded and many didnt. The ones that did respond did not provide the orginal documentation. I then sent them another letter reminding them of my request. Still heard nothing.

 

All letters sent have been recorded deivery.

 

However, these companies (well 4of them) still have marks on my credit file.

 

Because 12/30 day rule expired, I sent them a letter 5 days ago basically stating that they had failed to comply with my request and that they had committed an offence and that the debt was unenforceable.

 

What do I do now?

 

Regards

Nick

[ammani]

Hi Nmp, i am not too clued up on this, but i think, as they are in breach, for not complying with your request you can report them to the Information Commissioners office, and you can also go to court to enforce your SARS request. There are several letters in the Bank Template library that you can use. (Data Protection Act Non-Compliance - Particulars of Claim.)

Edited May 31, 2008 by ammani
Adding text.

[stonedecroze]

www.ico.gov.uk

 

You can contact the I.C.O. by email at the above address. If you have a legitimate complaint then they will take it up for you and offer advice on how to proceed next. Good Luck

[42man]

It is quite common that you will never hear back from them about the CCA requests, what you need to do is send them this letter (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 **DATE** I made a formal request for a true signed agreement for the alleged account under consumer credit Act 1974 s77/8. A copy of which is enclosed for your perusal and ease of reference.

You have failed to comply with my request, and as such the account entered default on **DATE**.

 

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 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

type don't sign

 

 

If they do not respond to your complaint, then you MUST write to the FOS, the OFT and Trading Standards, also your local MP should be helpful too.......if you wish to pursue further, then you might have to take them to court as this Cagger did...

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/115280-useful-information.html

[nmp]

Thanks so much for this letter

 

I sent this to them over 2 weeks ago and still no formal reply

 

Now what?

[maroondevo52]

Hi, nmp.

 

I'd just wait, see what they come back with.

 

 

Regards.

 

Scott.

Edited June 15, 2008 by maroondevo52

[nmp]

Thanks Scott -Ill wait and see! (if they bother at all)

Edited June 15, 2008 by nmp

[stonedecroze]

try this one.click here!! it should work. I have tested this one LOL :D