Roxburghe and old Welcome debt Harrassment Causing Me To Feel Ill

[shifnal]

I have been paying off a debt bought by Roxburghe from Welcome Car Finance, since at least 2000.

 

I am on Incapacity Benefit due to Agoraphobia and Anxiety, and can only pay Roxburghe £5 per month.

 

I have been paying them £5 consistently since 2006. However, since last month (May), I have been receiving a number of threatening letters from them telling me that unless I pay up or make a new offer, they will pass my debt on. The letters are all very dramatic and frightening and they all end with "we will pursue this matter - with or without your co-operation."

 

Due to my illness I cannot speak on the phone to strangers as it makes me more anxious. I therefore rely on email and mail.

 

I have written to Roxburghe at least four times (using letter templates I found on the National Debtline website). Each time I have received a letter back from Roxburghe which has completely ignored my letter to them, asked me to call them (when I have stated clearly I cannot call them), and threatened me with court action.

 

Yesterday I received a letter telling me they would cut my debt in half if I paid it off within 7 days (they know I can't do this because I am on benefits), and today I received another letter telling me I have 72 hours to contact them as "you have failed to resolve this matter with us."

 

Yet I have sent them four letters!

 

I am now very upset and it has caused my anxiety to rise considerably.

 

Can anyone please help? Thank you.

 

John

[honey5]

oh dear these DCA's are very naughty

please try to relax a little, most of their letters are sent just to have the effect that they are having on you

have you sent them the cca request to see if they have a right to collect this debt or even if its enforcable

send this too them

 

Ask your creditor for a copy of your credit agreement under the Consumer Credit Act 1974

 

 

1 High Street,

Newtown,

Kent

R21 4RH

 

June 28, 2006

 

The Loan Company

Company House,

Church Street,

Newtown,

Kent,

R1 7HG

 

Dear Sir/Madam

 

Re:− Account/Reference Number 4563210025897412

 

With reference to the above agreement, we would be grateful if you would send us a copy of this credit agreement.

 

We understand that under the Consumer Credit Act 1974 (Sections 77−79), we are entitled to receive a copy of our credit agreement on request. We enclose a payment of £1.00 which represents the fee payable under the Consumer Credit Act.

 

We understand a copy of our credit agreement should be supplied within 12 working days.

 

We understand that under the Consumer Credit Act creditors are unable to enforce an agreement if they fail to comply with a request for a copy of the agreement under these sections of the Act.

 

We look forward to hearing from you.

 

Yours faithfully

Mr A N Other

 

send via rec. del. and keep receipts, enclose a £1 postal order and do not sign anything at all

if nothing else this will give you breathing space and time to calm down

please post as soon as you get any more word from them, you now have some of the most knowledgeable people behind you, and will walk you through the next steps

 

good luck

honey xxx

[spamheed]

if you haven't already done so, send them a CCA request, with the new legislation you have a lot more power behind you than before.

 

the template can be found here

 

http://www.consumeractiongroup.co.uk...templates.html

 

 

send any letters recorded (registered is better) don't sign anything and retain copies of all correspondence and proof of delivery (this can be obtained online from the Royal Mail website)

 

they have 12 working days to provide you with this document then the account falls into default, a further 30 days without them providing the CCA and they have committed an offence and complaints should be raised with OFT, TS etc.

 

Don't worry too much about the wording of theitr letters, they are designed to scare and intimidate you into doing what they want.

 

Only you know what you can afford and it is wrong for them to demand more than this.

 

if you feel that this has been helpful, please feel free tip the scales

[spamheed]

honeys beat me to it

[shifnal]

Thank you so much for your advice, and for putting my mind at rest!

 

I have downloaded the letter and done as you advised. I will let you know how things go.

 

Thank you again.

[Dispirited]

Hi John, don't be stressing about them, if you do get worried or anxious about anything, just come back here and somebody will be around the help you.

[shifnal]

Hi John, don't be stressing about them, if you do get worried or anxious about anything, just come back here and somebody will be around the help you.

 

Hi!

 

Thank you! You have all been very supportive.

 

John

[shifnal]

Hi!

 

I sent my request for a copy of the CCA last Thursday, and they received it last Friday (I sent it Recorded Delivery and checked that it had been delivered and signed for by Roxburghe).

 

As of today (Saturday 28th June) they still haven't sent me a copy of my CCA. However, this morning I received a letter from them dated 24th June, which stated:

Your failure to respond in a satisfactory manner to all previous attempts at resolving this debt has led the above named client [Welcome Financial Services] to pass your debt to Roxburghe, a debt recovery specialist. You are now required to pay this debt immediately.

Roxburghe have held this account from Welcome since at least 2005, and I have been paying them each month since then, so what are they playing at?

 

They have totally ignored my letters, including my request for a copy of my CCA, and are now acting as if this is a new debt.

 

I am at a loss as what to do with a company that doesn't listen and seems to be acting irrationally.

 

Can anyone please help and advise as to what course of action I should now take? Thank you.

 

John

[maroondevo52]

Hi, John.

 

You could try sending them this............

 

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

 

**Edit to suit**

 

Regards.

 

Scott.

[shifnal]

Thanks Scott!

[shifnal]

An update: I had a letter from Roxburghe two days ago telling me my account had been suspended and that they were "taking advice from our clients."

 

However, today is the 12th working day since my request to them for a copy of my CCA, and they still haven't sent me a copy.

 

What I want to know now is, what happens next?

 

They have failed to send me a copy of my CCA within the specified 12 working days, so where do I stand?

 

Thanks in advance!

[havinastella]

An update: I had a letter from Roxburghe two days ago telling me my account had been suspended and that they were "taking advice from our clients."

 

However, today is the 12th working day since my request to them for a copy of my CCA, and they still haven't sent me a copy.

 

What I want to know now is, what happens next?

 

They have failed to send me a copy of my CCA within the specified 12 working days, so where do I stand?

 

Thanks in advance!

 

Hi Shif

 

you do nothing, they are now in defalut, DO NOT pay them, do not talk to them, just wait until they contact you by letter and let us know what it says?

 

 

Do you think there will be charges on this account?

 

If so, it's time to turn the tide and start to reclaim what is rightfully yours.

 

JOgs

[shifnal]

Since my last post I have heard nothing from Roxburghe about my account except for two letters telling me that I have "failed to contact this office..." and that unless I make payment in full within 7 days they will pass this onto the courts.

 

They wrote in early July to tell me the account was suspended and that they had contacted their client to see what action they wanted to take. But so far I have heard nothing more other than these two letters that I mentioned.

 

What should I do? Is this a case that A doesn't know what B is doing? Or is it an attempt to get me to pay regardless?

 

Thanks in advance for the advice!

[Multay]

I wouldn't do anything...Just wait until they have gone past the 12+30 day limit...

[shifnal]

I wouldn't do anything...Just wait until they have gone past the 12+30 day limit...

 

Sorry, I don't understand? They have already failed to apply within the 12 working day limit. What is the 30 day limit, please?

[Multay]

Probably need one of the experts but I have been told a few times that after the 12 days they are in default of your request. Once a further calender month( 30 days ish) goes by the are then commiting a criminal offence by not sending the details - You may need to clarify this though as I read a couple of things today that suggest this may no longer be the case (read them after I posted).. I just use it as a prompt to send out a letter telling them they are still in default of my legal request..

 

Apologies if I have just confused things for you - Please don't worry about it too much...The simple fact is that they are required to send you the documents you have requested and until they do there isn't a lot they can do legally...As I understand things that is..Again, it may be worth getting one of the site experts to comment...

[eastendboy]

Hi shifnal, the "30 day summary offence" is no longer valid as multay later read, but the DCA are still in default. As havinastella suggested earlier, just sit back and wait for them to produce the CCA and until then do nothing. Whilst your account is "in default" they are not allowed to persue you until the default is resolved.

 

Lastly, as earlier people have stated, don't panic and try not to worry too much about this. There are some really good people on this site with bags of knowledge, far more than I as I'm just beginning my journey. They will help you through out so you're not alone:)

[rippedoffagain]

Just relax now, I doubt they will be able to produce an agreement. I suspect they will pass it to another DCA. No agreement=No enforceable debt.

[shifnal]

Thank you all for your help and advice. It is appreciated!

[shifnal]

Hi!

 

An update. Today (8th Sept) I have received a letter from them saying they are contacting my original account holders of the debt, and that they are sure they will be able to provide me with a copy of my original CCA within 12 days.

 

This is way past the original 12 days, so what should I do? Thank you.

[palomino]

Wait.

[42man]

The account remains in default, you are quite within your rights to stop paying (the ethics are up to you of course).....

 

You could send them this....(by recorded delivery)

 

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.

 

This limit has 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.

 

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.

 

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