Intrum Justitia sent £1 P/O back with letter.

[GhostDebt]

Hello everyone.

 

We sent Intrum Justitia a CCA request as follows:

 

Dear Sir/Madam

 

Re:- Royal Bank of Scotland credit card.

Account No. *

This letter is a formal request pursuant to s.77/78 of the Consumer Credit Act 1974. I require you to provide me with a true copy of the credit agreement relating to the above account, together with any other documentation the Act requires you to provide.

 

I expect you to comply fully and properly with this request, within the statutory time limit. You are reminded that should you fail to comply with my request, the provisions of s.77 will apply.

 

If it is your view that you are not the creditor, s.175 of the CCA 1974 applies in the case of a simple assignment, and places a duty upon you to pass this request to the creditor. In the case of an absolute assignment, you are a creditor as defined by s.189. If you contend that you purchased the rights but not the duties of any agreement, you are reminded that s.189 of the Act is clear that an assignment is of both rights and duties.

 

Your attention is drawn to ss.5(2), 3(b),6 and 7 of the Consumer Protection from Unfair Trading Regulations 2008 (CPUTR).

 

I enclose a postal order in the sum of £1.00, which is the statutory fee. Note that these funds are not to be used for any other purpose.

 

If you are unable to comply fully and properly with this request, you should confirm this in writing at the earliest opportunity, and certainly within the statutory time limit for compliance, and return the fee.

 

I look forward to hearing from you.

 

Yours faithfully

 

 

Now i know there is some conflict in whether the CCA request is better or worse than a CPR 31 request, but that is by the by.

Anyway, Intrum Justitia replied with the following:

 

Thank you for your letter dated the 10th February 2009

Unfortunately we are unable to provide you with the required information. Please write directly to the following address, enclosing a cheque or postal order for £1.00 quoting your request under the consumer credit act 1978

CCA Requests

Cards Customer Services

PO Box 5747

Southend-on-Sea

SS1 9AJ

Please find enclosed the £1.00 fee you sent for the required information. Your account has been placed on hold for our client to respond to your request.

I would like to thank you for bringing this matter to my attention. if you require any further assistance, please do not hesitate to contact me on....

 

What I would like fellow caggers to comments on is the following:

 

In the CCA request we state 'If it is your view that you are not the creditor, s.175 of the CCA 1974 applies in the case of a simple assignment, and places a duty upon you to pass this request to the creditor.'

Should we send the postal order back to IJ stating this fact and asking them to forward the request in accordance with their duty. Or do we go for the cost of getting another P/O and sending it to RBS direct?

 

Many thanks for your help/comments.

 

Regards.

[WOOD73]

it is my understanding that if they are trying to recover from you then it is their responsibility to provide the cca, if i were you I would send them the account in dispute letter.

[ODC]

They are idiots. Wait until they send you another begging letter and then tell them they have not compled with your CCA request and make a formal complaint against them and report them to TS and the OFT

[ODC]

Idiots Justita are the so called professionals and as such should be aware of their obligations under S 175.

[GhostDebt]

So can we conclude the best course of action?

 

Should we:

 

Wait for the 12 working days to expire then send them the account in dispute letter,

 

or

 

Return the P/O to them with a letter telling them to fulfill their obligations under s.175

 

I can use the account in dispute letter template from CAG, but any comments on wording a letter to them about their obligations under s.175 would be greatly appreciated.

 

Many thanks

Regards

[pompeyfaith]

So called professionals ? when they cant get this right consumer credit act 1978

 

Regards

 

Pompeyfaith

[ODC]

You do not need to remind them about S 175 as you already mentioned it in your original CCA request. Besides they are professionals and should not need reminding of their legal obligations. You have made a Legal request and they must comply. If after 12 working days they do not then they are in DEFAULT and cannot lawfully pursue the debt. Personally I would do nothing until they send you another demand for the money then I would point out their DEFAULT to them and quote the OFT guidelines at them, make a formal complaint and report them to the OFT and Trading Standards

[creditcardmug]

You don't have to return the PO, The £1 is the statutory fee for providing the info, what they do with it is their problem, the fact is they are the company demanding money from you, and under the CUPTR regulations 2008, they are the creditor for the purposes of s78/79 CCA 1974

 

Send them this after the 14days, it should send them scurring back under the rock from which they came.

 

I DO NOT AKNOWLEDGE ANY DEBT TO YOUR COMPANY

 

 

 

Re: =

 

Dear Sir/Madam

 

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(4) 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.

 

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 21 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 will be reporting your actions to any such regulatory authorities as I see fit.

 

Yours Sincerely

[GhostDebt]

Thanks for all your help/comments so far. We will wait for the time limit to expire and then respond accordingly.

Many thanks.

[GhostDebt]

Account in dispute letter has been sent today.

Will wait and see if anything further develops and keep you updated.

 

Many thanks CCM et al.

 

Cheers

[abbacus]

RBS are responsible for the acts and omissions of their debt collectors. I wouldn't bother sending the CCA request again. They know the law.

[GhostDebt]

Hi all,

As mentioned in post #10 we have sent them the account in dispute letter.

Today we received the following letter back.

Thank you for your letter dated 6th March 2009

Please refer to my previous correspondence dated the 14th February 2009. A copy of which I have enclosed for your information.

To reiterate, if you require a copy of your agreement under the Consumer Credit Act, you will need to write to the original creditor at the address provided.

Your account will remain on hold until our client responds to your request.

Please ignore any communication you may or may have received dated the 27th February 2009.

If you require any further assistance, please do not hesitate to contact me on ....

Yours Sincerely

....

Now, we are all aware of their responsibilities under s175, so why do they keep refusing to comply?

 

Basically, should we send them a letter explaining their responsibilities and reiterate they are in dispute, or because we have sent the account in dispute letter already, do nothing until they comply as they do state the account is on hold..? and if anything else happens make formal complaints to the regulatory authorities.

 

Cheers for the help.

 

Best regards

[cerberusalert]

Report them to the OFT and the Information Commissioner emphasising that they are refusing to comply with their responsibilities under s175

[ODC]

I agree. You have pointed out their stupidity to them and still it hasn't sunk in. No wonder they are known as Idiots Justita. Report them to the OFT as obviously they are not fit to hold a Comsumer Credit Licence.

[payback68]

GhostDebt,,

 

As i can see from what correspondence you have received and sent to these idiots, it seems to me that these are standard letters as i have received the same letters word for word, in response to my legal right for the information i require, may i also add that they have thanked me also.

 

You have no obligation whatsoever to adhere to their request of you in contacting their "client" at all, it's simple, they are in default of a s77-79 request, they are collecting your contributions so therefore they are responsible for providing you with the information you require under the Consumer Credit Act 1974.

 

Report them to the Authorities and make sure you give a detailed resume of their actions as i will be doing once i have got shut of AIC

 

Regards.

[creditcardmug]

They are also in breach of CUPTR2008, which says that for the purposes of CCA requests THEY are the creditor

[ODC]

They are also in breach of CUPTR2008, which says that for the purposes of CCA requests THEY are the creditor

 

and as defined by S 189 of the CCA 1974. Westcrap are the so called professionals and as such should be aware of their legal obligations. Ah Well more complaints to the OFT I think.

[GhostDebt]

Brief update,

 

Since last year we have had AIC and Wescot sending us letters, but we have now received one from Nelson Guest & Partners Solicitors on behalf of Wescot.

 

Below is my response to them.

---

 

Thank you for your letter dated *. I do NOT acknowledge any alleged debt to Wescot Credit Services Ltd and since this alleged account has been on hold with * since the * I am somewhat bemused as to why this matter has been passed to you.

 

 

Since * have failed to provide a copy of the executed credit agreement and associated information pursuant to Section 78 of the Consumer Credit Act 1974 and the Office of Fair Trading has confirmed that failing to supply an agreement under S77/78 CCA 1974 constitutes a valid dispute, all debt collection activity must cease until the request has been complied with.

 

 

I therefore respectfully request that you provide me by return, a copy of the executed credit agreement which bears my signature and the associated terms and conditions. I must stress this request is NOT made pursuant to S.78 of the Consumer Credit Act 1974, but is made pursuant to the Civil Procedure Rules, part 31.16 and therefore an unsigned or reconstituted copy will not suffice. Only a copy of the original contract in its unaltered form will suffice in these circumstances.

 

 

Please confirm that you will provide this document as it will allow me to assess if my case has merit and will help to resolve matters, possibly without the need to involve the court and will undoubtedly save costs on both sides.

 

 

I look forward to your reply and would ask for a response by 4pm on *.

 

 

Your due diligence is expected in this matter.

 

 

Yours faithfully,

---

 

Does this sound ok?, short but to the point I think.

Will post tomorrow so any comments in the meantime greatly appreciated.

 

Regards

[zazen.warrior]

Post removed.

Edited July 29, 2010 by zazen.warrior

[GhostDebt]

Nelson Guest & Partners have.

They said

--

Unless payment is made to * within seven days of the date of this letter, legal proceedings for the recovery thereof may be commenced without further notice.

--

 

Regards

[zazen.warrior]

Post removed.

Edited July 29, 2010 by zazen.warrior