Me & My Debts & Various CCA REquest

[monkquito]

Sent a debt collection agency the letter with regard to "a formal request pursuant to s.77/78 of the Consumer Credit Act 1974 etc".

They have written back asking for my last three addresses to confirm who I am.

Any suggestions what to do next.

Thanks.

[angry cat]

If the DCA is attempting to collect monies from you, they know who you are!

[ICO]

If they are writing to you Angry Cat is right they know who you are, you don't have to prove it !

[PGH7447]

ignore them until the 12+2 days are up then send the account in dispute letter

[cerberusalert]

If they are asking you for payment and contacting you at your present address & are uncertain that you are the debtor then they will be in breach of both OFT guidelines and the Data Protection Act, so a complaint to the OFT & the ICO wouldn't be amiss.

[Bazooka Boo]

The Office of Fair Trading: Contact us

 

Information Commissioner's Office - ICO

[monkquito]

Hi,

 

which letter from the library should I choose from the library for the account in dispute letter?

 

Cheers

[monkquito]

Hi,

 

Sent Lloyds my hardship/bank charges reclaim letter, to which they gave their standard brush of reply.

 

Then they have seemingly closed my account, wiped everything including past statements from my internet account, so I can no longer view them and sent the OD to BLS to chase as a debt.

 

I am just about to complain to the FSA but has anybody got any advice on this scenairo.

 

Cheers

[maroondevo52]

Hi, monkquito.

 

Have a look at this thread.............

 

http://www.consumeractiongroup.co.uk/forum/hardship-applications/199936-hardship-account-closure.html

 

Regards.

 

Scott.

[dcakiller]

if the dca is out of time for a cca request use the letter below

 

 

ACCOUNT IN DISPUTE

 

Date:

 

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. This was signed for as delivered on the **DATE**

You have failed to comply with my request, and as such the account entered default on **DATE** (12+2 days after you made the initial request).

 

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 you/your client enters into a default situation.

 

This limit has expired.

 

As you are no doubt aware section 78(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. You will also be aware of the CPUTR 2008 and the OFT's guidelines on debt collection which state under the title Deceptive and/or unfair methods - Examples of unfair practices are as follows - 2.8

 

(i) - 'Failing to investigate and/or provide details as appropriate, when a debt is queried or disputed, possibly resulting in debtors being wrongly pursued'

 

(k) - 'Not ceasing collection activity whilst investigating a reasonable queried or disputed debt'

 

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

 

if the dca has passed your account to another dca while in default of a cca request use this letter

 

 

ACCOUNT IN DISPUTE

 

Date:

 

Dear Sir or Madam,

 

Account number: XXXX XXXX XXXX XXXX

 

I am in receipt of your letter dated XXXXX

 

This account is in dispute with **original creditor/DCA** and has been since DATE .

Not only is this a breach of the Consumer Protection From Unfair Trading Regulations 2008 in line with the Office Of Fair Trading's debt collection guidelines, but also in breach of the Consumer Credit Act 1974 and Data Protection Act 1998

 

My previous dispute from **DATE** has NOT been answered.

 

As **original creditor/name of debt collection agency** are now in default of my Consumer Credit Act agreementrequest 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.

 

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

 

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 Consumer Protection From Unfair Trading Regulations 2008 in line with the Office Of Fair Tradings 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

[Blondmusic]

Is the DCA Wescot by any chance as they have sent letters like that to me asking me to confirm my last addresses.

[monkquito]

Hi,

 

Is it legal for the managing agents to enter the property I am living in, without informing me of the date in advance.

 

If so, are they in breach of contract and what options are open to me?

 

Regards

M

[JimmySpangle]

As far as I am aware, unless it is for emergency access - ie gas leak etc, they have no right to enter without your advanced knowledge.

[blitz]

Its trespassing you can change the locks (as long as you keep the original and replace it at the end of the tenancy as it is still the Landlords property).

 

I would recommend at the moment just writing to the agency asking them to refrain from entering the property without your permission.

 

If they do it again you can report it to the police, which can then be used as evidence in the future if required.

 

You do not need to give entrance to the LL or Agency, and they are required to give you at least 24 hours notice of any visits. You have the right to quiet and peaceful enjoyment of your property

[monkquito]

Hi,

 

I've been dealing with one collector, with whom I have now put the account in disupute as they have ignored my request for the credit agreement.

 

They have now written to me asking for my date of birth to ensure they are not in breach of data protection!!!

 

What should my next act be, particulary as they have not given a respone to my account in dispute letter which the deadline for a reply has expired on....

 

Regards

 

M

[maroondevo52]

Hi,

 

I'd ignore until they comply with your request.

 

Regards.

 

Scott.

[monkquito]

Does anyone know if there is a template for a letter which I can send out if I receive a copy of an agreement that is not forceable.

 

Many thanks in advance

 

M:)

[Mr lex]

Hi Monkquito

 

This one should fit the bill :-

 

http://www.consumerforums.com/resources/templates-library/86-debt-collectors/582-possible-letter-when-a-questionable-agreementapplication-is-sent

 

You may have to adapt it a little to your own circumstances, perhaps if you post your version here, we can have a look ?

 

Hope this helps,

 

Lex

[Mr lex]

If thats not what your after, have a look at this page, there may be something more suitable.

 

The Consumer Forums - Debt collectors

 

Lex

[monkquito]

Terrific

 

many thanks

M

[Mr lex]

Your more than welcome !!

[monkquito]

Hi

Sent out this letter "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 me..."

to a DCA.

 

They in return just sent me back a faxed photocopy of terms and conditions,nothing of an application form.

Am i right in believing they have failed to comply and I am now justified t put the account in dispute.

Many thanks in advance,

M

[cerberusalert]

Yes.

[monkquito]

Hi

 

Got a letter today from a second debt collector, who seemto be working together with the primary debt collector for the same debt. Does this follow?

 

Anyway, are two collectors allow to work together on the same debt or not? The first one has missed the deadline for providing a valid cca so as far as I'm concerned the first collector will now have the account put into dispute. But how should I treat the second collector.

 

Many thanks in advance.

 

M

[PriorityOne]

File and ignore for the time being...

 

Out of interest, who are the 2 companies?