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Bls Collections - Help Needed Please


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I've had the exact same letter on more than one occasion. I don't think any utility comapny would be stupid enough to supply such details, but I would be demanding to know the name of the company anyway. Why would they need to confirm where you live, they've been writing to you for ages? I think you'll find this is more an untruth designed to scare you into thinking they are above the law and can do anything they want.

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received letter below regarding my complaint that the agreement i requested took 4 months to be sent to me , plus you cant read the terms and conditions due to blurred text.

Just wandering if anybody new if what is said below is true.

 

 

 

 

 

Thank you for your e-mail. In terms of any complaint to do with PPI being mis-sold, this is something which you have, quite correctly, referred to the original creditor.

In relation to the Consumer Credit Act 1974, our client is not obliged to provide a copy of the legal agreement within the stated period as the relationship you have with our client is not the same one as the relationship you had with the original creditor.

Pursuant to section section 77 of the Consumer Credit Act 1974 ("CCA")

s.77(1) The creditor under a regulated agreement for fixed-sum credit, within the prescribed period after receiving a request in writing to that effect from the debtor and payment of a fee of £1, shall give the debtor a copy of the executed agreement (if any) and of any other document referred to in it,…

s.77(4) If the creditor under an agreement fails to comply with subsection

(a ) he is not entitled, while the default continues, to enforce the agreement; and

(b ) if the default continues for one month he commits an offence.

Although the above suggests that a creditor has to comply with the request within one month, please note that s.77 does not apply because it appears in Part VI of the Act, which does not apply to agreements which have been terminated (Part VI is headed "Matters arising during currency of credit or hire agreements"). You are not entitled to rely on s.77 of the Act because that section is in Part VI of the Act and Part VI only applies to current agreements, whereas your agreement has been terminated.

We have, as requested, contacted our client to request a better (if available) copy of your original agreement, along with statements of account both from XXXXXXX and the original creditor. We will provide these to you once received from our client.

In the mean time please be aware that you are still liable for the outstanding balance and that we now need you to make an offer of monthly repayment. Should a dispute arise between you and our client, we will hold the account while this is investigated. However we can not hold the account indefinitely and without a legitimate dispute regarding the account having been raised , we may be instructed to pursue further legal action.

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