Offer from Welscum

[mrjoolz]

bump

[postggj]

still on this

 

i need to confirm if notingham are handling corespondants now welcome have gone tits up

 

4 calls from welcome you say

 

must be working off there redundency notice

[mrjoolz]

yeah lets hope so. If Notts arent handling any correspondance, what can I do then about my account and the fact they never sent me my SAR or CCA.

[postggj]

Ill Handle When I Have Confirmation About Where To Send Correspondants

 

As Long As You Can Prove They Were Sent By Track And Trace, The Time Scales Stand

 

So They Are In Default So Bog Off Welcome

[mrjoolz]

cool. Most excellent. many thanks for all your advice etc, with regards this situation. Good luck with the op on Monday by the way.

[postggj]

Many Thanks

[mrjoolz]

Post, Any news on the Compliance Department accepting "Account in Dispute" letter

[mrjoolz]

Oh just remembered, your having Op today. Hope all goes well, and speedy recovery

 

:o)

[mrjoolz]

Does anyone know if Welcome Complaints department still taking post, as I want to send them letter putting my account into dispute.

 

They not sent me my CCA or my complete SAR

[mrjoolz]

Started getting text messages asking me to contact them to discuss account, from a Mark Burgess

[edwi69]

Hi There

I Received A Letter From Compliance Saturday So I Guess They Are Still Up And Running In Nottingham

Regards

[mrjoolz]

Hi all

 

Does someone have the "account into Dispute" letter. I havent had complete SAR or any CCA back, so want to write them putting account in dispute. Can someone post link or letter.

 

Thanks

 

Merry Xmas by the way

[postggj]

Letter when a debt collection agency refuses to comply with a CCA request (thanks again to Mark)

 

Address

 

Date

 

Dear Sir/Madam

 

I refer to your letter dated (date) in which you confirm that you are unable to comply with my formal request pursuant to s.78(1) of the Consumer Credit Act 1974. However, despite being in default of my request, you have continued to make unlawful demands for payment contrary to s.78(6) of the CCA 1974 and the Consumer Protection from Unfair Trading Regulations 2008 (CPUTR).

 

I note that the Credit Services Association, in the first paragraph of its Code, state that members must act lawfully at all times. Furthermore, under the CPUTR 2008 failing to comply with a code of conduct to which you have subscribed is unfair trading.

 

In the circumstances, I will not enter into further correspondence with you, and any further unlawful demands or contact will be viewed as harassment and reported to the appropriate enforcement agency.

 

Finally, as you have failed to comply with my request, I require you to return the £1.00 fee without delay.

 

Yours faithfully.

[postggj]

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

[postggj]

LETTER BEFORE ACTION

Section 7 – Data Protection Act 1998

 

Dear Sir/Madam

 

Account: xxxxxxxx

 

I am in receipt of the documents that you have supplied in response to my Data Protection Act information request dated (Insert Date). The disclosure of personal data is incomplete in that at least the following documents are missing.

 

(Adapt this next section to your situation)

 

1) You have failed to provide a complete list of transactions and charges.(Add details of missing period - or a transaction that you know about which is not included)

2) You have provided no notes, or documents relating to any legal action between you and myself.

3) You have provided no notes, or documents relating to instances of manual intervention.

 

This is not an exhaustive list by any means, it is just an example of some of the information I am missing.

 

Accordingly, I have to tell you that you have not yet complied with your obligations under the Data Protection Act 1998.

 

The time for compliance with my request has now expired. If you do not comply fully with my Subject Access Request within 7 days, I shall apply to the County Court for an order to enforce compliance, together with damages at the discretion of the court.

 

Yours faithfully,

[mrjoolz]

Cheers post. written it now. Probably have to wait to post it till New Year now though.

[mrjoolz]

I posted off my "account into dispute" letter as they still havent actioned either my CCA or my complete SAR request.

 

Not heard anything from them. Letter went recorded. What do I do now ?

[postggj]

How Long Has It Been Since They Received Your Request

[mrjoolz]

I sent it recorded on the 7th January 2010, but when I check Track and Trace, is shows as still in Royal Mail system, but it takes ages for them to upload signatures.

[postggj]

You Will Have Until 21 Jan Before It Goes Into Dispute Ref The Cca Request

 

The Sar Can Take Up To 40 Days

[mrjoolz]

I got a SAR back in mid December but it didnt have the complete information, so I asked for the remainder of information..... heard nothing.... so I sent in CCA, and they cashed PO but never sent me a thing..... so I ended up sending in Dispute letter on 7th Jan

[postggj]

Ok Thats Fine

 

You Need To Give The 14 Days So On The 21 Of Jan

 

We Go For The Throat

[mrjoolz]

hehe, sounds good to me. After the 21st of Jan, how do I proceed. Is there another letter I need to write ?

[postggj]

Ill Guide You Near The Time

 

Send Me A Nudge Pm

[mrjoolz]

OK will do Post. I'll wait till 21st January then we can take it from there. They dont even call me now.