If love is so blind why is lingerie so expensive...???

[firewalka]

Hey Davey77...

 

Not sure if the quality is good enough for you to actually see anything yet here it is...

 

Monument CCA picture by firewalka - Photobucket

 

Thanks once again...

[davey77]

No Prescribed Terms on that document so IMO not a valid Credit Agreement.

[davey77]

All it says is "I am applying for a Providian Visa Credit Card....

 

...when accessing my application....

 

..i understand you will telephone me in connection with my application to gain additional relevant details....to offer me services linked to my account or application.

 

I agree, that whether i am approved or not, information about etc....

 

Please reply by 6th December 2002

[firewalka]

I agree that it says all of those things yet it also states 'I have read and agreed to be bound by the Terms and Conditions (T & Cs)' so can they not enforce this aspect...???

[davey77]

Creditors like to point out (especially after you start complaining) that any paperwork they send may have 'this is a credit agreement, you are legally bound by the terms when signing etc etc' which sounds lovely but actually they are also bound by the terms of a regulated credit agreement and the Consumer Credit Act states:

 

s61 CCA - Signing of agreement:

(1) A regulated agreement is not properly executed unless—

(a) a document in the prescribed form itself containing all the prescribed terms and conforming to regulations under section 60(1) is signed in the prescribed manner both by the debtor or hirer and by or on behalf of the creditor or owner, and

(b) the document embodies all the terms of the agreement, other than implied terms, and

© the document is, when presented or sent to the debtor or hirer for signature, in such a state that all its terms are readily legible.

s127(3) CCA:

(3) The court shall not make an enforcement order under section 65(1) if section 61(1)(a) (signing of agreements) was not complied with unless a document (whether or not in the prescribed form and complying with regulations under section 60(1)) itself containing all the prescribed terms of the agreement was signed by the debtor or hirer (whether or not in the prescribed manner).

 

Also what PT has mentioned today has relevance:

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/180858-volvo-cabot-bank-one.html#post1966842

[firewalka]

Interesting post to say the least...

 

So having looked at this particular post am I correct in thinking that the CCA I signed was before the change made in April so really they are breaking the law by attempting to enforce an agreement that wasn't presented to me correctly in the first place....???

 

If this is the case what options do you feel I have open to me now...???

 

You know something Davey77 every time I learn something new about our wonderful legal system and the way it is abused by so called corporate companies ie the Banks... I really get excited...!!!

 

It makes me feel like Hannibal from the A Team...'I love it when a plan comes together...!!!'

[davey77]

The A-team.. showing your age now lol Can't beat 80's tv.

 

Yes that page has 2002 on it so well before the change in the CCA. At the end of the day it's always up to a Judge to decide (I'm afraid) but remembering that creditors, although pretending to welcome a Court judgement on the matter, are actually not keen to get these matters out in an open Court room for fear of losing. (And the publicity that causes.)

 

Options now really are disputing the validity of the document they have sent you.

 

There are lots of complaint letters floating about on here and some browsing will reveal them. Here is an example although you need to amend it considerably based on your own circumstance and responses to requests. You don't have to get all of it in.. just depends on your experiences/communication personally.

 

And i would quote the section i posted earlier about s 61 and point out the Prescribed Terms required in Law are missing from the document they sent you:

 

--------------------------------------------------------------------------------

FORMAL COMPLAINT A/c no. xxxx xxxx xxxx xxxx

 

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 you enter 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.

 

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.

 

Despite my letter regarding ANY communication from your company, which stated that I require ALL communications in writing, your telephone calls continue.

 

This behaviour constitutes harassment; the letters stated quite clearly to you that I require ALL communications in writing for future use. Do not telephone me again - remove any telephone numbers you hold for me from your systems.

 

Your telephone calls are in breach of the Office of Fair Trading guidelines. If you continue with them after the receipt of this letter an official complaint, together with a log recording the times and frequency of the calls will be passed both to that office and to the Trading Standards office. For your information note that ALL telephone calls are taped.

 

This type of debt collection method is contrary to the ‘Administration of Justice Act 1970’ in that it is intended to cause alarm and distress to the recipient. Your methods will not be tolerated. A formal complaint, containing copies of all correspondence including yours, has now been submitted to the relevant authorities. This will be relevant to questions of your fitness to hold a licence under the Consumer Credit Act, whether or not it results in a prosecution.

 

Take further note that continued telephone calls after the receipt of a request not to call may constitute a criminal offence under Section 127 of the Communications Act 2003.

 

Communicate in writing and ONLY in writing, your telephone calls will NOT be answered.

 

HOWEVER, CALLS WILL TRIGGER COMPLAINTS TO THE REGULATORY BODIES.

 

I would appreciate your due diligence in this matter.

 

I look forward to hearing from you in writing.

 

Yours faithfully

[firewalka]

NICE....!!!

 

Regarding...

 

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.

 

Am I correct in thinking that this element actually means that there is a possibility that we may have a solution to my original question...???

 

So if the original amount was deemed unlawful, due to the amount being made up of unlawful charges, the amount they, HFO, are now pursuing is also deemed unlawful and HFO are breaking the law by attempting to rape and pillage my pockets for an extortionate amount, made up of approx 80% of interest and charges....

 

Davey77 you are fantastic...!!! This situation just gets BETTER & BETTER the more that comes out...!!!

 

Still have this desire to become a lawyer that specialises in consumer credit law to help people like you and I become more aware of our ACTUAL rights, that we are never informed about...Also being led to believe that just because a company gives you something to sign it can still be deemed unlawful...!!!

 

Never thought I would ever say thank you to McDonalds yet...I'm LOVING IT...!!!

[davey77]

A useful post on Prescribed terms and agreements:

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/169315-mbna-abbey-virgin-cards.html#post1825686

[davey77]

NICE....!!!

 

Regarding...

 

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.

Trouble is creditors will never admit there is a dispute. Even if there is one. That way (they feel) they don't have to comply with such OFT Guidance on debt collection or anything else.

 

For instance this thread:

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/177986-unenforceable-loan.html

 

Creditor admits in writing they have not got the agreement and cannot enforce the agreement in Court yet what are they doing? Demanding payment and threatening a Default. Given that you give your permission for your data to be processed within a valid agreement (and they haven't got it by their own admission) does that make sense. No, but they are doing it anyway.

 

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

Although you will find that the 'regulatory authorities' refuse to regulate and especially the FOS who (are not regulators but biased mediators) will not back up your right to be given a properly executed credit agreement:

 

http://i157.photobucket.com/albums/t42/davey77_2007/FOSHalifax.jpg

http://i157.photobucket.com/albums/t42/davey77_2007/FOSHalifax_0001.jpg

 

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

 

Am I correct in thinking that this element actually means that there is a possibility that we may have a solution to my original question...???

I think you should look into the reclaiming of interest and charges as a separate issue although i personally haven't done that myself there not being much at all to try to reclaim anyway, i am going down the 'unenforceable' route. Your situation is different.

 

So if the original amount was deemed unlawful, due to the amount being made up of unlawful charges, the amount they, HFO, are now pursuing is also deemed unlawful and HFO are breaking the law by attempting to rape and pillage my pockets for an extortionate amount, made up of approx 80% of interest and charges....

Unlawful on paper perhaps. But only unlawful legally once the fat lady sings (fat lady being a Judge). Or, you get a result and they cave in before it goes that far albeit probably without admitting to any liability.

 

Davey77 you are fantastic...!!! This situation just gets BETTER & BETTER the more that comes out...!!!

 

Still have this desire to become a lawyer that specialises in consumer credit law to help people like you and I become more aware of our ACTUAL rights, that we are never informed about...Also being led to believe that just because a company gives you something to sign it can still be deemed unlawful...!!!

 

Never thought I would ever say thank you to McDonalds yet...I'm LOVING IT...!!!

 

Having said all that, you still must complain and still question what they send. You must still quote the Guidelines, even when they tell you that you are wrong or they ignore you altogether, remembering at all times that financial institutions are devious and corrupt but that they can be beaten.

[davey77]

The Office of Fair Trading: Credit and hire agreements

[firewalka]

Hey Davey77...

 

Thanks for the links today, they make interesting reading...

 

I have compiled the following letter to send to HFO on Monday your feedback would be greatly appreciated...

 

Ref: FORMAL COMPLAINT A/c no. xxxx xxxx xxxx xxxx

 

Dear Sirs,

Thank you for your letter of 5th February 2009, the contents of which have been duly noted.

 

On the 26th January 2009 I wrote to you requesting a copy of the credit agreement and other information under the Consumer Credit Act 1974 (Sections 77-79).

 

I am of the opinion that the documentation you have sent fails to comply with my legal request to supply a true copy of the original Consumer Credit Agreement for the above account.

 

Under s61 CCA - Signing of agreement, it states:

(1) A regulated agreement is not properly executed unless—

 

(a) a document in the prescribed form itself containing all the prescribed terms and conforming to regulations under section 60(1) is signed in the prescribed manner both by the debtor or hirer and by or on behalf of the creditor or owner, and

 

(b) the document embodies all the terms of the agreement, other than implied terms, and

 

© the document is, when presented or sent to the debtor or hirer for signature, in such a state that all its terms are readily legible.

 

s127(3) CCA, also states:

(3) The court shall not make an enforcement order under section 65(1) if section 61(1)(a) (signing of agreements) was not complied with unless a document (whether or not in the prescribed form and complying with regulations under section 60(1)) itself containing all the prescribed terms of the agreement was signed by the debtor or hirer (whether or not in the prescribed manner).

I would also like to bring your attention to the Office of Fair Trading guidelines that state:

The Consumer Credit (Agreements) Regulations

The Regulations apply to all regulated consumer credit agreements and consumer hire agreements, including modifying agreements.

In particular, the agreement must contain certain financial and other information. This must be set out in a specified order, with sub-headings, and shown together as a whole. The information must be of equal prominence, and easily legible.

In the case of credit agreements, the required information is:

· nature of the agreement

· parties to the agreement

· key financial information (including the amount of credit or the credit limit, the duration of the agreement, the APR, the total amount payable, and the amounts and timing of repayments)

· other financial information (including a description and cash price of goods or services, any advance payments, the total charge for credit, the rate of interest, how and when interest charges are calculated and applied, the order of allocation of payments, and variable rates and charges)

· key Information (including default or other charges, any security provided by the borrower, and prescribed statements of the protection and remedies available to the borrower), and

· a signature box, and other form of consent where applicable.

Both the borrower and the lender must sign the agreement. A copy of the executed agreement must be given to the borrower, either when he signs it or within seven days. A further copy of the unexecuted agreement may also need to be provided. If the agreement is cancellable (because it was signed off trade premises), notice of cancellation rights must be included in the copy agreement, and must also generally be sent by post or email to the borrower within seven days.

If the above requirements are not met, the lender can only enforce the agreement against the borrower by getting a court order. Local authority trading standards services or the OFT can take enforcement action against the lender, using powers in Part 8 of the Enterprise Act 2002.

As you are no doubt aware section s77(6) also 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.

 

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 also wish to remind you that ANY communication from your company, regarding this matter, is required ONLY in writing. Any further telephone communication from you, or any third parties connected with you, will be deemed as behaviour constituting harassment; I require ALL communications in writing for future use. Do not telephone me again - remove any telephone numbers you hold for me from your systems.

 

I have deemed your past telephone calls to be a breach of the Office of Fair Trading guidelines. If you continue with them, after the receipt of this letter, an official complaint, together with a log recording the times and frequency of the calls will be passed both to that office and to the Trading Standards office. For your information note that ALL telephone calls are taped.

 

This type of debt collection method is contrary to the Administration of Justice Act 1970 in that it is intended to cause alarm and distress to the recipient. Your methods will not be tolerated. A formal complaint, containing copies of all correspondence including yours, has now been submitted to the relevant authorities. This will be relevant to questions of your fitness to hold a licence under the Consumer Credit Act, whether or not it results in a prosecution.

 

Take further note that continued telephone calls after the receipt of a request not to call may constitute a criminal offence under Section 127 of the Communications Act 2003.

 

Communicate in writing and ONLY in writing, your telephone calls will NOT be answered.

 

HOWEVER, CALLS WILL TRIGGER COMPLAINTS TO THE REGULATORY BODIES.

 

I would appreciate your due diligence in this matter.

 

I look forward to hearing from you in writing.

 

Yours faithfully

Your thoughts and feedback are appreciated...

[davey77]

Looks good to me FW. Send away and see what you get back. And if you get nothing back (or a template/inappropriate response) within the 14 days, then report the matter to your local trading standards in writing.

 

I would also, in the mean time, confirm what you have been sent (is non-compliant to a CCA request) with your local CAB and the National Debtline. And where possible, get confirmation in writing (more likely with CAB than ND.)

 

I would also ask those organisations what steps you can take to reclaim any unlawful interest and charges you have previously paid towards this account.

[firewalka]

Hey Davey77...

 

How are things with you...??? Just wanted to give you a quick update on proceedings...

 

Today is the 14th day after sending the letter you critiqued for me recently. As yet I haven't received anything through the post from HFO, although not surprisingly I have just received a phone call from their solicitors...Turnbull Rutherford...

 

The curious thing for me now is can this be deemed as an attempt in getting in contact within the 14 day period...??? The call caught me a little off guard actually as my young daughter answered the phone and passed it to me whilst mid flow completing a University assignment...

 

The jist of the conversation, although cut short by myself after realising what was going on, was this person using a rather aggressive tonality of voice attempting to engage me in a conversation about 'why hadn't I attempted to contact them to find out where their reply to my request was'...

 

Cheekie B@ST@RD...Rather than attempting to be devious and contact me on the phone, which is against what I requested within the letter sent to you, why don't you just reply by post...!!!

 

So what thoughts do you have regarding my next step/s...??? As yet I have been unable to get to the CAB, due to other committments and opening times of my local CAB yet I am on the case, to get confirmation of the noncompliance request...

 

TTFN...

[firewalka]

Hey Davey77...

 

A further update for you...

 

Just contacted my local Trading Standards regarding the phone call I received today and was basically told that they were unable to assist me in such a matter that it would have to be the Information Commissioner's Office...

 

I was quite surprised by this and pressed the situation further...I asked about the OFT and how they could help, to which I was told that this could be a possibility under this particular instance yet the the ICO would be a better option...

 

A little confused now... So going to leave it for the evening and contact the ICO and OFT tomorrow...

 

Going to get some oranges and lemons to add to the pancakes and sit and watch Utd beat Inter in their own back yard...!!!

 

TTFN...

[davey77]

Phone calls eh. So they don't want to put anything in writing (that's the way I look at it after the letter you have sent.) Can't answer that letter effectively without putting their foot in it perhaps.

 

hmm The trouble is with the ICO, is that i have read all too often that they are NOT interested in complaints regarding the supply of a properly executed agreement. SAR and DPA yes but not credit agreements. By all means give them a call but i feel once you say 'credit agreement' they will state you should go to the OFT.

 

The OFT will not investigate individual complaints and will refer you to Consumer Direct.

 

Consumer Direct will refer you to TS.

 

TS are variable in their responses depending on your complaint, whom it's about and what TS person you get to talk to. In future i would write to them only as proof of what they say to you.

 

But, having said that. Don't let TS fob you off. They are the correct regulatory body to complain to so keep the pressure on them. Write your Formal Complaint about the CCA infringement and send it by recorded delivery and ask that they keep you updated about what action they are taking on a regular basis in writing.

 

In reference to the 'reply card' they sent you in response to your original request it is certainly not a fully executed credit agreement. The have failed to provide you with a signed document that contains the prescribed terms as per section 61(a) and section 127(3) of the CCA 1974. The agreement is therefore irredeemably unenforceable:

 

Wilson v Hurstanger

 

"...Schedule 6 is to ensure that, as an inflexible condition of enforceability, certain basic minimum terms are included which the parties (with the benefit of legal advice if necessary) and/or the court can identify within the four corners of the agreement. Those minimum provisions combined with the requirement under section 61 that all the terms should be in a single document, and backed up by the provisions of section 127 (3), ensure that these core terms are expressly set out in the agreement itself: they cannot be orally agreed; they cannot be found in another document; they cannot be implied; and above all they cannot be in the slightest mis-stated. As a matter of policy, the lender is denied any room for manoeuvre in respect of them."

 

You could use the above in a reply to the Creditor but i would wait and see if you can get TS on your side first. I would not want you to give away your battle plan to the enemy in the first shot across the bow so it may be more useful to try a couple of other attempts at writing and in so doing tease contradictory and possibly damning correspondence out of them before hitting them with quotes on the Law.

[firewalka]

Hey Daveyy77...

 

How are things with you...???

 

Just wanted to give you an update of the situation. I have received these 2 letters over the past couple of weeks, with quite a few follow up phone calls. Have read a number of posts on this forum and it just seems that this bunch of jokers have no regard for the law and do just whatever they wish to get 'their' money, including, allegedly, fraudulently copying of statements and making out they have come from the original lender, also that there are a number of different named companies all linked into one in the same building, there has also been a number of complaints made about them to TS and the OFT it is also alleged that the magistrates court in Wandsworth(need to double check that bit) are getting quite annoyed with there antics and throwing out their claims...Just a bunch of jokers really...

 

Anyway back to business just wondered if you could give your once over these 2 letters I have received and what you think my options may be...Still had no response from HFO regarding the CCA...

 

 

Have a GREAT Weekend in the sunshine, off to finish a Uni assignment for Monday...

 

TTFN...

 

http://i603.photobucket.com/albums/tt119/firewalka/TRSLetter4Mar09.jpg

 

http://i603.photobucket.com/albums/tt119/firewalka/TRSLetter18Mar09.jpg

Edited March 21, 2009 by firewalka
Incorrect website links

[davey77]

Turnbulls are their in-house solicitors. In other words, the same people or so i have read. Aggressive and arrogant yet generally impotent.

 

Those letters, by the looks of them, are template stuff sent to hundreds of people a month. Very impertinent though and, to keep a good paper trail going, i would reply to the effect that HFO are default of your CCA request, that turnball's demands for payment are considered by you to be attempted fraud and any Court Action they instigate will be welcomed.

 

If you can confirm the Wandsworth court annoyance then i would add in the letter that you are fully aware that the Courts are losing patience with their (Turnbulls) frivolous claims and also you are aware that they are notorious for pursuing unenforceable credit agreements.

 

If you have written to them (and even if you haven't) i would state that their REFUSAL (capital letters just like they have used for full effect) to communicate in a professional manner has resulted in a formal complaint of their behaviour to the OFT, TS and the Law Society.

 

Have you started to reclaim unlawful charges in this? Found this short thread the other day and it worked a treat:

http://www.consumeractiongroup.co.uk/forum/royal-bank-scotland/187177-mint-pay-back-12-a.html

 

Did you push TS any further? I would not let them get away with telling you it is the ICO that deal with these matters. If you haven't done so i would write to the ICO (email perhaps) to get confirmation that they are not interested in complaints re the supply of credit agreements. I would also email the OFT and ask for clarification on TS's role. Once you have that i would write back to TS and demand they launch an investigation into your complaint and not brush you off with a 'it's nothing to do with us' attitude.

 

Trading Standards Role Fact Sheet - BERR

 

Trading Standards Role Fact Sheet:

 

The Trading Standards Service is responsible for enforcing over 80 Acts of Parliament including:

 

 

• The Weights and Measures Act 1985
  
• The Trade Descriptions Act 1968
  
• The Consumer Protection Act 1986
  
• The Consumer Credit Act 1974
  
• Enforcement provisions under Part 8 of the Enterprise Act 2002
  

 

Key Facts:

 

 

Trading Standards Officers enforce the law, prosecuting offenders where appropriate, in the following important areas:

 

 

• Fair Trading
  
• Consumer Safety
  
• Weights and Measures
  
• Consumer Credit
  
• Under-age Sales
  
• Food Safety
  
• Animal Health and Welfare
  

If TS don't act (or at least make a point of writing to the creditor on your behalf) then i would complain about TS themselves via your local councils complaints debt (in writing.) That usually gets a response when you are being ignored.

 

In any letter to Turnbulls i would state YOU are going to CHARGE THEM. Lets say £10 per letter to recoup the cost of communicating, research and time spent etc. (Send them an invoice for £10 due within 28 days.) Then pretty much tell them to get stuffed in as an impertinent a way as possible.

[firewalka]

Hey Davey77...

 

Am in the middle of compiling a letter, which I will post in due course for your constructive feedback yet in the meantime here is the link to the Wandsworth CC reference...

 

HFO Services - URGENT HELP REQUIRED !!! - The Consumer Forums

 

Chat again soon...

[firewalka]

Hey Davey77...

 

As promised...Your feedback is greatly appreciated...

 

Dear Sirs,

I refer to your recent correspondence of the 4th and 18th March 2009. The contents have been duly noted.

Please be advised that I have written to your client, HFO Services, twice regarding this particular situation, on the 26th January 2009 and the 8th February 2009, which I have proof of receipt.

Your clients lack of professionalism and downright “REFUSAL” to comply with such a simple request leaves me with no doubt that your client is now in default of the Consumer Credit Act 1974 request made of them, by formal complaint, on the 8th February 2009, and as such they have now committed an offence under the Consumer Credit Act.

Your client has failed to comply with section s61(1) of the Consumer Credit Act 1974, and that under section s77(6) of the said Act is not entitled to enforce the agreement. Any demand of payment made by you, or your client, is now deemed as attempted fraud and ANY court action you instigate will be welcomed.

Frankly, I am surprised of the need to advise a firm of solicitors about the Terms and Conditions surrounding my Consumer Credit Agreement requests (Consumer Credit Act, 1974); dated 26th January 2009, for which I have proof of receipt. I can only assume therefore that your client has failed to inform you of their non compliance. Your client had until the 24th February 2009 to comply with this legal request. They have now committed an offence under the Consumer Credit Act.

 

Should you, or your client, persist with threats of legal action as stated in your letter, I will welcome the opportunity for a judge to look at several offences committed by HFO under The Consumer Credit Act, 1974, as well as your client’s non-compliance with and total disregard for the law on this occasion.

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

 

I would also like to bring to your attention that I am fully aware of your infamous use of Wandsworth County Court and the frivolous claims you are notorious for pursuing, especially where unenforceable credit agreements are concerned.

Furthermore, the “REFUSAL” of both you, and your client, to communicate this matter in a professional manner, when it has been requested that ANY communication is ONLY done in writing, has resulted in a formal complaint of your behaviour to the Office of Fair Trading, Trading Standards, and The Law Society. Any further telephone communication from you, or any third parties connected with you, will be deemed as behaviour constituting harassment; I require ALL communications in writing for future use. Do not telephone me again - remove any telephone numbers you hold for me from your systems.

 

This type of debt collection method is contrary to the Administration of Justice Act 1970, in that it is intended to cause alarm and distress to the recipient. Your methods have not, and will not be tolerated. As previously stated a formal complaint, containing copies of all correspondence, including yours, has now been submitted to the relevant authorities.

Take further note that continued telephone calls after the receipt of a request not to call may constitute a criminal offence under Section 127 of the Communications Act 2003.

 

Communicate in writing and ONLY in writing, your telephone calls will NOT be answered.

 

HOWEVER, CALLS WILL TRIGGER COMPLAINTS TO THE REGULATORY BODIES.

Finally, it has been necessary for me to carry out a number of due diligence checks surrounding you, and your client. So to cover the costs of these checks an administration charge of £30 has been levied against you, and any further correspondence made to you will encounter a further £10 per letter.

I now require you to pay this debt within 28 days; failure to comply with this request will instigate court proceedings to resolve this matter.

Any commencement of court action will include the request for interest and costs.

I trust this makes my position regarding this matter crystal clear.

Yours faithfully

 

 

At the top of the letter am I wise to put 'Without Prejudice' or keep it as 'Formal Complaint'...???

 

TTFN...

Edited March 23, 2009 by firewalka
Additional material

[davey77]

H, yep that looks like a really good letter. Although...the non supply of an agreement under the CCA 1974 is no longer a Criminal Offence. That was removed from the regulations. (It's just the 12+2 days = in Default now.)

 

I would have it as a formal complaint. There is nothing in there i wouldn't mind a Judge seeing if it were me and you want to let them know you can produce that in Court (after requesting they do not telephone you) should anyone try to ring.

[palomino]

Don't put 'without prejudice'. These words mean that you are attempting to negotiate prior to possible court proceedings and that such negotiations will not be brought to the court's attention should proceedings, err, proceed.

 

Also, complaints about solicitors should be addressed to the Solicitor's Regulatory Authority.

[firewalka]

Thanks Guys for you feedback...

 

Have just got back from the Post Office will keep you informed of any progress...

 

TTFN...

[davey77]

Don't put 'without prejudice'. These words mean that you are attempting to negotiate prior to possible court proceedings and that such negotiations will not be brought to the court's attention should proceedings, err, proceed.

 

Totally right.

 

Also, complaints about solicitors should be addressed to the Solicitor's Regulatory Authority.

 

Yes, thanks Palo.. i knew i wasn't quite on the right track. Complaining to too may people these days to keep track lol

 

Solicitors Regulation Authority - Protecting consumers of legal services

[firewalka]

Hey Davey77...

 

Hope all is well with you as we enter one of the most beautiful times of the year...SPRING...!!!

 

Just wanted to give you a little update on proceedings...

 

Just got home from Uni and received the letters below, interestingly this bunch of 'amateurs' haven't even got the common courtesy, or professionalism to seal the envelope so any Tom, Dick , or Harry could have a look at the contents...They even have the audacity to put confidential legal documents on their franking stamp...!!!

 

Anyway enough of that...Have added the letter and the courts cost breakdown they sent...Your thoughts would be again appreciated as for our next line of approach...

 

Interestingly they haven't even made mention of the letter I sent to them, although I have received 2 yes that is TWO lots of the same correspondence from HFO with a covering letter basically saying please find enclosed the info I have asked for, which has already been sent, and they have also added a copy of the application form I put up previously and a number of made up statements...

 

Enjoy the sunshine...

 

http://i603.photobucket.com/albums/tt119/firewalka/TRSLetter2Apr09.jpg

 

http://i603.photobucket.com/albums/tt119/firewalka/TRSLetter2Apr09CourtCosts.jpg

 

http://i603.photobucket.com/albums/tt119/firewalka/TRSLetter2Apr09CourtCostsPart2.jpg