Creation/Irwin 1a small claim Summons old BOS then GE Money Joint Loan *WON*

[citizenB]

Have moved your thread to the Debt collection forums where you will attract more notice.

[citizenB]

You say you have sent a CCA request to Etam's. Did you send the £1.00 fee with this and did you send the letter recorded delivery ?

 

If you have still not received anything then you need to send them a non compliance letter which is in the following link.

 

http://www.consumerforums.com/resources/templates-library/86-debt-collectors/571-failiure-to-provide-a-copy-of-the-agreement-within-the-prescribed-timescale.html

 

In my signature you will find a link copies of other letters that you might find useful, such as telephone harrasment, doorstep visits, etc. However, we will deal with each situation as it arises so as not to overload you with information.

 

At the very least, any letters you send should now be sent recorded delivery so you have proof of posting and can check when the company received your letters.

[citizenB]

Hi , okey dokey, in that case if they received it on 3rd April you should have received a response.... today You can leave sending the non compliance letter for a couple of days if you wish. But IMHO, the sooner sent the the better.

 

Right, lets find you a non compliance letter....

 

http://www.consumerforums.com/resources/templates-library/86-debt-collectors/571-failiure-to-provide-a-copy-of-the-agreement-within-the-prescribed-timescale.html

 

The first sentence in this letter is

 

"Thank you for your letter dated xxx xxx, the contents of which have been noted". You can delete that. As it looks as though they have just ignored your request, is that correct ?

[citizenB]

I will try and find someone who has knowledge of the procedures in Scotland for you.

[citizenB]

Apoolgies, cerberusalert , you just slipped past me

[citizenB]

Thanks for popping in Ida.. I am unable to tip your scales. apparently I have to spread it around a bit

[citizenB]

Sorry busby can't tip your scales - its telling me to spread my tipping around, so here's a few wee smileys for you.:)

 

Scales duly tipped on your behalf

[citizenB]

Hi again... just received post with two CCA from Aktiv Kapital I shall open two new threads one for each would i open both threads in DeDealing with Debt in Scotland or elsewhere on the forum. I would be grateful for your expert opinions on them. cheers

 

Best keep all your threads in the Scottish forums You could put links on here as well so that anyone looking in on this thread can link over and advise.

[citizenB]

Ok citzenB many thanks... just one problem how do i put a link on (i know not very computer literate but hopefully getting there with all your expert teaching.

 

I wont admit to some of my earlier blunders in linking:oops:

 

However, once you have started your new thread. Scroll up to the address bar at the top of the screen. Highlight and right click on the http address. Click copy on the drop down menu that you will get. Then hot foot it back to here and right click and paste in a new reply box.

 

If you have any problems, just yell

[citizenB]

I did it, I did it...I managed to connect a link with the kind help of citzenB

I do have another CCA that I shall get it put onto forum tonight.

 

Excellent. I see someone has been advising you on the other thread.

 

Hi

Me back again....sent creation finance a questional agreement letter 24th April recieved reply today(29th April) very quick didn't expect that!! here goes..... I can't post their reply as scanner not working trying so hard to get this fixed. Their letter said that

 

"So that you fully understand the Consumer Credit Act 1974 the regulator deem the enclosed document to be a true copy of the credit agreement entered into by you., so consequently a proper response. If you have any queries about this you can take independent advice from local CA, TSDept. or contact consumer direct.

 

We have no legal obligation to supply a copy of the original agreement. Under the Act a true copy suffices.

 

We acknowledge that whilst we failed to supply a copy of the original agreement we were not entitled to enforce the agreement as set out under section 78 of the act. We have not sought to enforce the agreement, however, interest continues to run and the debt continues to be payable. There is no provision in the act for the debt to be written off and you would still owe us the money claimed.

 

Section 78 requires us to provide within 12 working days a "true copy" of the customers agreement (which is the whole agreement without any indentifying items such as date address and signature) together with a staement signed by us or on behalf showing according to the information to which it is practicable for us to refer:

 

(a) the state of the account

 

(b) the amount, if any, currently payable under the agreement by the customer to us, and

 

© the amounts and the due dates of any payments which, if the customer does not draw further on the account, will later become payable under the agreement by them to us.

 

Should you require any further information please respond in writting to the Data Protection Dept at the address on the top of the letter".

 

ALSO INCLUDED WAS ANOTHER BLANK CONSUMER CREDIT AGREEMENT 1974 PHOTOCOPY.

 

On the terms and Agreements photocopy there is statement which says :

 

Card Protection Plan is a registered trademark of Card Protection Plan ltd. CPP is a registered trademark of CPP group plc reg. 2004.

 

This confuses me as I took this store card out approximatel 2000-2001. How can something be dated 2004 in 2000-2001.

 

Any help would be appreciated REMEMBERING THIS IS IN SCOTLAND AS I BELIEVE SOME LAWS ARE DIFFERENT - HAVN'T A CLUE WHAT THE DIFFERENCE IS.

 

I have brought this forward so people can see where you are at.

 

Are you able to scan in the blank agreement/application form. Lets see what information if any is on it.

 

Almost certainly the page with the "2004" on it definitely isnt from the time you opened the account so that can be discounted.

[citizenB]

Many thanks for updating my thread citzenB (not sure yet how to bring things forward.

I have got someone to scan the blank CCA that I received from Creations for me so that you can have a peep at it and see what you think. It is completely different to the original one which was only one page.

THis was all copied on to A5 sheets of paper I have had to cut them down to A4 to scan.

 

Link to Page 1 CCA

Link to Page 2 CCA

Link to Page 2 CCA

Link to Page 4 CCA

 

MAny thanks for all your help and advice it truely appreciated.

 

Very nice. But all this proves is that they have some blank copies hanging around the office

 

On the first page, over to the right and down the bottom, where the narrow column is.. A date code.. ET7 (05/04)

 

So they havent even sent a blank form from the correct date.

[citizenB]

i'm getting confused ! lol

 

creation sent you the letter saying the do not have an agreement but here's what we thought it would look like?

 

ida x

 

Exactly !!

 

 

24233513afw, I shouldnt worry too much about the letter they have sent. Full of stuff, I imagine that not even Creation believes or understands.

 

The fact is they have sent you a blank document, compounded the error by not even sending you one from the same period as the original account?

 

Personally, I would send yet again, the letter in the following link

 

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

 

I am not sure whether or not to advise you to include a paragraph that mentions the discrepancy in dates. IMHO, I wouldnt be so inclined.

 

Perhaps wait a day or so to see there are any other suggestions.

[citizenB]

Something like that Ida.... It doesn't take much for me to confuse people :confused:They sent me a 4 sepreate sheets of a Blank Copy I then wrote back to them with a letter you complied then they wrote back (Copies on yesterdays post 19.47 )as I said not sure what to do now do I just sit and wait it out. Wish I could transfer and link on this site it is so frustrating when you are not IT minded. I will get the hang of this site if it kills me

 

 

At the bottom of each post you will see 2 buttons marked QUOTE and [ " ]

 

The first Quote button is for if you want to quote just what is contained in that particular post. When you click on it, a new reply box opens with the contents of that post. You can edit out any stuff you dont particularly want included and if you want to add your own comments you make sure you type outside of the

markers either end of the post you have brought forward.

 

If you want to quote from a lot of posts, then you click on the [ " ] at the bottom right hand of each one. A new reply box will not open until you hit the new reply button. When you do, all the posts you have clicked on will be in the new post.

 

HTH

[citizenB]

personally,

 

they have said they are not going to enforce it, i would be happy with that for now and just concentrate on any others

 

ida x

 

Almost certainly that would be my thinking as well Ida. If they have said they are not going to enforce (and I missed that bit), then concentrate on the others.

 

Just make sure you dont lose or misplace that letter and blank form

[citizenB]

As they still have West Midlands Debt Collections hasselling me but I have also wrote to them now requesting that they get proof from Creations that they have sent me an enforceable agreement before they carry on hasseling me

If West Midlands are still hassling you then follow the route below.

1:

Copy the letter from Creation, highlighting the section Ida has pointed out. Copy the Blank Agreement only and enclose both with the letter from the link below and send to the OFT.

http://www.consumerforums.com/resources/templates-library/50-complaint-in-respect-of-dca-threat-re-expired-debt/101-complaint-in-respect-of-invalid-cca-agreement

*************************************

2:

You then write to West Midlands Debt Collection, thus

Dear Sirs,

ACCOUNT IN DISPUTE

I ACKNOWLEDGE NO DEBT TO YOUR COMPANY

I am in receipt of your letter dated (whenever).

Please note this account is in serious dispute with Creations and as such your attempt to collect on this account is against OFT guidelines :

Deceptive and / or unfair methods

2.7 Dealings with debtors are not to be deceitful and/or unfair

2.8 Examples of unfair practices are as follows:

i) failing to investigate and/or provide details as appropriate, when a debt is queried.

k) not ceasing collection activity whilst investigating a reasonably queried or disputed debt.

and

Physcial/psychological harassment

2.5 Putting pressure on debtors or third parties is considered to be oppressive

2.6 Examples of unfair practices are as follows:

h) ignoring and/or disgregarding claims tht debts have been settled or are disputed and continuing to make unjustified demands for payment.

I am therfore advising you that I have today made an Official COmplaint to the OFT.

Yours faithfully

The following link is for the OFT guidelines from where I took the above.

The Consumer Forums

 

Edited May 23, 2009 by citizenB

[citizenB]

Hi,

 

I have just saved a few links along the way.. mostly have used the information myself so can vouch for it.

 

If they arent bothering you at the moment then leave things as they are. Just save those links and letters and you will be ready for them should they wake up and start bothering you again.

 

Have a good weekend.

[citizenB]

I am going to have a little think on this one.. BRB

[citizenB]

Okey dokey, well the response from the OFT is standard and what we expected.. and no, they are unable to advise on individuals. What they do is keep a record of all the complaints that are made in respect of each company and then investigate when their is sufficient numbers. Did they send you a form to complete and return in the event they do make a move on the company in question ?

 

As far as WMDC are concerned I think all you can do now is wait them out.

 

You will see from the following links that the OFT do investigate companies for not adhering to guidelines.

 

The Office of Fair Trading: OFT imposes requirements on Mackenzie Hall to improve handling of disputed debts

 

 

 

 

This is a copy of a letter sent from the OFT to miss muppet, the 2nd link is a text version so that it can be copied and pasted if required.

 

1st link, original letter from OFT - posts 35 - 37 . Not in order ie page 1, I think is the last page posted.

 

http://www.consumeractiongroup.co.uk/forum/show-post/post-2271340.html

 

This is the text version in order, it might just be worth printing it off, highlighting certain parts especially the bit where it says DCAs should ensure they have the correct paperwork and sending it to WMDC:-D

 

http://www.consumeractiongroup.co.uk/forum/show-post/post-2271340.html

 

HTH