Admiral Ins Debt OH's and debt Managers

[tooth_fairy]

I'm on at work so can't stop!

 

My husband received a letter from Debt Managers Scotland saying he owed £63 to Admiral Insurance and considering he only applied for a quote through them and didn't proceed with them, he was not intending to pay it.

 

He did the standard CCA letter, which he received a response to which was a letter from Admirial saying

 

'Thank you for request a copy of our standard consumer credit act, please find enclosed a copy of what you would have been asked to sign' which was an unsigned, newly dated CCA and a cross where hubby had to sign!!

 

DM then wrote that 'our clients reserve the right not to hold signed agreements as it was not law to do so'

 

Obviously no CCA= No enforcable debt but DM have logged a default with hubbys CR, so we want a quick response to write them to say the CCA is unenforacble...got the part about default removal/processing of data so any short paragraph about unsigned CCA's and the legal aspects would be appreciated.

[surprise]

TF - look in Customer Consumer Agreements-Resource Workshop. There are several letters in there which you can adapt to your own needs.

[alibobsy]

Suprise where is this customer consumer agreements-resourse workshop ?

I am looking for help with some response letters to defaulted CCA requests and to non executed copies. Can't see this anywhere is it a sticky?

thanks

ali x

[surprise]

Hi, just come back in. If you do a search at the top for Consumer Credit Act - Resource Workshop. There are several suggestions for letters.

[rory32]

'Thank you for request a copy of our standard consumer credit act, please find enclosed a copy of what you would have been asked to sign' which was an unsigned, newly dated CCA and a cross where hubby had to sign!!

 

This fulfills their obligation under the CCA. However, if he never proceded with it then that's a different matter. Perhaps a change of tact is required. If you choose to send the following letter don't sign it.

 

Your home address)

_________________

_________________

Date: ____________

 

 

To: ______________

__________________

 

Dear Sir/Madam

 

Account no:

 

You have contacted me/us regarding the account with the above reference number, which you claim is owed by myself/ourselves.

 

I/we would point out that I/we have no knowledge of any such debt being owed to (insert company name).

 

I am/we are familiar with the Office of Fair Trading Debt Collection Guidance which states that it unfair to send demands for payment to an individual when it is uncertain that they are the debtor in question.

 

I/we would also point out that the OFT say under the Guidance that it is unfair to pursue third parties for payment when they are not liable. In not ceasing collection activity whilst investigating a reasonably queried or disputed debt you are using deceptive/and or unfair methods.

 

Furthermore ignoring and/or disregarding claims that debts have been settled or are disputed and continuing to make unjustified demands for payment amounts to physical/psychological harassment.

 

I/we would ask that no further contact be made concerning the above account unless you can provide evidence as to my/our liability for the debt in question.

 

I/we await your written confirmation that this matter is now closed. Otherwise I will have no option but to make a complaint to the trading standards department and consider informing the OFT of your actions.

 

I/we look forward to your reply.

 

Yours faithfully

 

 

 

(Your Name)