What to do

[meggyweggy]

I recieved a letter end of dec from a company SRJ stating that i owed RBOS in the region of £10000, i sent a cca request to them on the 2nd of jan which was recorded. I then recieved another letter from them saying thank you for the £1 payment towards the debt and i needed to contact them ref a payment plan.

 

I sent them another letter stating that as in the first i was not acknolwdging the debt and that the £1 was for the process of the CCA. This was sent on the 8th Jan.

 

Since then i have not heard anything including not be sent a CCA until today stating that they are intending Litigation action unless i contact them to arrange a payment plan.

 

what can i do

[tiglet]

Hi meggyweggy

 

Well, they've failed to comply with the CCA and, looking at the timescales, ahve now commited a criminal offence by not providing one 30 days after the 12 day period. they ahve defaulted on the account.

 

There are loads of threads on here about DCA's not supplying the CCA and having read them, I wouldn't worry about the threat of litigation. Write them a letter stating that they ahve not supplied you with the CCa and you are going to report them to Trading standrads and the OFT (there is a letter here somewhere and a good thread I read was Cabot again !!! Urgent Help Needed.

 

Sit back, wait and don't stress about it. They're the one's in the wrong here, not you. if after receiving this letter, they still persist in chasing you, report them to the OFT and Trading standards.

 

But do read this thread and similar - it gives lots of great advice.

 

Tiglet x

[meggyweggy]

So i can send them a letter stating that they were have now commited a criminal offence and that i am reporting them to OFT and TS

[tiglet]

That's the fella - or, use it as a bargaining chip for them to remove defaults, negotiate down on debt or get a nil balance etc.

 

They can now only get the debt reinstated if they take you to court and a judge won't look too favourably on people who ahve committed a crminal offence.

 

But, as I'm reasonably new here (although a total junkie now), I'd read some more threads before you do it.

[meggyweggy]

Is there a template for this somewhere as i have been searching and don't seem to be able to find one

[PriorityOne]

Hi Meggyweggy,

 

Try this :

 

I do not acknowledge any debt to your company.

 

To date you have failed to comply with my statutory request for a true, signed copy of a regulated credit agreement and have therefore defaulted in respect of the above account. As you are aware, a credit agreement that is not properly documented and signed by the customer is totally unenforceable under the Consumer Credit Act, 1974 and is a complete defence in any court claim that is issued. It also remains unenforceable until such time as a default is either removed or enforced by a court of law. This means that any attempt by your company to enforce this alleged agreement will represent a further offence until such time as it can be produced in court.

 

The law set in the Consumer Credit Act, 1974 must be abided by everyone; people and companies alike and taking the above into consideration, no court would look favourably upon your failure to provide true, accurate information which I assumed that you already had in your possession, prior to issuing letters demanding payment.

 

Should you now persist with the threats of legal action mentioned in your letter of xx/xx/xx, I will welcome the opportunity for a judge to look at several offences committed by yourselves under The Consumer Credit Act, 1974, as well as your total disregard for the law on this occasion.

 

Yours faithfully,

 

 

Make sure you send it by recorded delivery !... and keep a copy.