jellybabe vs Grattan

[jellybabe]

Hi there,

Now Grattan is on my back aswell!

Received this Default Notice from them last week, but only just opened the letter. I know...STUPID!

Can anyone check this Notice please to see if it is valid? I know that there have been charges on the account. Not sure how many though, but surely they shouldn't be included in the amount on the Default Notice, should it?

I really need some urgent advice please. I know i proably should send off my CCA request asap, to at least buy myself some time??

 

Thank you

[jellybabe]

anyone??

[jellybabe]

ok, i just printed my cca request and will send it off in a bit. I also written an email to Alison Johnson (Grattan Customer Relations), that i can't pay the amount they are asking for (which is the full amount on the account plus penalty charges). But i am willing to pay my arrears which have accrued up to now and then the rest in normal instalments on my account to Catalogue T&C's. Let's see if i get a reply to that.

But nevertheless, i will still send my CCA request off in a bit.

Couldn't sleep all night, once again. Panicking about my whole situation at the moment.

[freakyleaky]

How much of the balance is made up of charges?

[jellybabe]

hi freakyleaky,

thanks for replying.

Not sure how much exactly is made up of charges.But i guess it must be between 100 and 150 or so.

Still waiting for a reply to my CCA request at the moment. Will i still be able to send for my S.A.R.?

[freakyleaky]

yes you can still send the sar. Get all the information you can but you need a breakdown of how much of the balance is charges before you can dispute the account and ask for the charges to be returned.

 

There is a letter which suits your situation but I can't put my finger on it at the moment. I will have a dig around later.

[jellybabe]

ok, thanks.

[jellybabe]

I have just received a blank CCa for me to fill in and sign from Grattan.They filled my details in at the top with pen.

Are they really that stupid to think i will sign and return?

[Bookworm]

I presume you are looking for more than "yes" as an answer?

[jellybabe]

no, i think "Yes" just about sums it up

[jellybabe]

i just realised that i should have sent my in dispute letter to grattan regarding my cca. The in dispute letter states that i am enclosing a copy of the cca request i've sent them for ease of reference. Stupid me forgot to scan and copy it before i sent it off (usually i copy all my letters for proof before i send them). Is this gonna be a problem? Or shall i leave that out in the "in dispute" letter or should i just print a new one with the date i sent the first one and print my name on the bottom (but that wouldn't be my original sent one then). i am confused.

[silverfox1961]

Shouldn't worry about it. I did the same with Lowells and it didn't matter.

The fact they know your account is in dispute is all that matters

[jellybabe]

ok, thanks silverfox. So, are you saying i should just send the letter without it, or print a new one and include it.

[silverfox1961]

Now I'm confused. You say you've already sent the A/C in dispute letter but who did you send it to?

If you sent it to grattan, you don't need to do it again.

[jellybabe]

sorry, i think i phrased that wrong.

I did send the CCA request and have received a blank CCA. I should have send my "in dispute" letter on Tues, but haven't done it yet.

I forgot to make a copy of my CCA request letter.

And because the template for the "in dispute" letter mentions this:

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.

i was a bit worried that this would give me any problems, as , like i said, i forgot to make a copy of my initial letter, therefore can't enclose the copy.

Hope this clears the confusion up. Sorry about that.

[silverfox1961]

Thanks for that, I thought I was having serious senior moments

 

If you have a copy of your CCA request, enclose it. If not just delete that bit

[jellybabe]

Thanks silverfox,

Thanks for that, I thought I was having serious senior moments :-|

deff not you, LOL. I'm not only good at confusing myself...no...i'm a master at confusing others aswell.

[jellybabe]

Due to my daughter being ill i have not been able to go to the PO yet to send my in dispute letter off. Will do that tomorrow morning.

Have today received a letter from EOS Solutions UK Plc asking for the full outstanding balance or another option to arrange a paymant plan by telephoning them.

Has anyone got any advice please on what my next step should be???

Should i send the in dispute letter to them now or carry on just dealing with Grattan?

Urgent advice needed please.Panicking!

[silverfox1961]

Morning,

I would personally send EOS this letter:

 

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** and has been since DATE.

Not only is this a breach of OFT collection guidelines, but also in breach of the Consumer Credit Act 1974, the Data Protection Act 1998, the Banking Code and the Consumer Protection from Unfair Trading Regulations 2008.

 

As **original creditor** are now in default of my Consumer Credit Act 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** for resolution of these defaults and breaches, as **DCA** cannot lawfully pursue any enforcement activities.

If **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. Please also note that any debt collector attending my premises will be removed, if necessary by the police.

 

After taking advice, I am also 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 the foregoing 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 informing me that this matter is now closed. I would also request that you resist the temptation to send me any more of your standard template letters.

 

Yours faithfully

 

 

Send you A/C in dispute letter to Grattan as well.

Hopefully EOS will send the account back to Grattan

 

fox

[jellybabe]

Morning Silverfox and thanks for your reply.

I'm just printing out my in dispute letter for Grattan and will send that off in a min.

Thanks for the great letter. I remembered seing it somewhere before but could not find it again. So, thanks for that.

as it is in dispute with the **original creditor** and has been since DATE.

Do i put the date from when they defaulted on my request or the date of todays letter (in dispute letter)?

 

jellybabe

[silverfox1961]

Once the 12+2 days ran out, they defaulted on your request so the date should be that one.

If I was you, I'd copy and paste that letter to your word processor so you have it handy for future reference and to give out to the needy.

I do that with all the important letters.

[jellybabe]

yes thanks, i done that already. It will deff come in handy and most probably help some other people aswell.

Thanks again, off to the PO now.

 

jellybabe

[jellybabe]

I'm sorry, i've got one more little question.

 

would it be best to send the "in dispute" letter to the same adress as the CCA request? Just wondered because the reply to my request came from the collections department and it only has the grattan registered office adress on the bottom which is totally different to the one i had?

 

jellybabe

[silverfox1961]

I'd send it to the address they replied from. It sounds like your CCA request was forwarded on. It's all the same company anyway

[jellybabe]

thanks silverfox,

i will leave you in peace now