BerryN-v-Buchanan Clark & Wells1

[BerryN]

UPDATE

Letter from BCW:

 

Dear BerryN

 

Re: Style Financial Services 9826......

 

Further to recent communications regarding the above detailed account.

 

We are still awaiting a response from our client following a request for a copy of your agreement and we will endeavour to forward this to you as soon as possible.

 

Yours sincerely

 

Mrs J Lees

RBS/Natwest Team Supervisor

[BerryN]

Come on guys - don't abandon me now!! I need you xx

[Curlyben]

Well from BCW's last letter is just a WAITING game.

[BerryN]

ok. Style themselves sent me the Application Form in a big pack recently (it is on here) and BCW send me that letter..... does that mean they are just acting on behalf of then and donn't own the debt like they keep telling me they do. Also - look at page 3 i think it is which is the letter they apparently sent me (yer right) which shows they have sold their debt!!?!?!?!? very confused

[ODC]

Mrs Lees says they are waiting so you may as well wait too.

[BerryN]

UPDATE

Received a letter from Buchanan Clark & Wells dated 16/10/07:

 

Dear BerrN

 

Re: Style Financial Services 9826..........

 

Further to our recent communications regarding the above detailed account.

 

We have now received notification that the documentation you requested has been sent direct to you.

 

Thank you for allowing us the opportunity to address your request but having done so I have marked your request as complete.

 

Yours sincerely

 

Mrs J Lees

RBS/Natwest Team Leader

[BerryN]

Do I sit and wait or sent some form of reply saying they haven't actually done anything to reply but send my application form??

[Curlyben]

Yep wait for them to demand payment.

They are still unaware that the application has been sent.

[BerryN]

OK. Will wait

[spiritgirl59]

Just popping in to offer continued support.

 

Hang on in there BerryN and do nothing

 

Let them make the next move as Curlyben has said.

 

Love Spiritgirl x

[BerryN]

thanks spiritgirl....

[BerryN]

UPDATE

 

Letter from BC&W dated 05/11/07:

 

Dear Sir/Madam

 

We have received instructions from our above named clients to initiate formal debt collection proceedings for the unpaid debt as detailed above.

 

Please contact this office immediately in order that we can dicuss a satisfactory settlement to this matter.

 

Unless you make arrangements to settle the account within 72 hours our agent may be instructed to attend your premises to establish your residency and reason for non-payment.

 

You must take this opportunity to settle the matter amicably in order to avoid possible legal action being instigated.

 

Please do not underestimate the seriousness of this matter and attend to this notice immediately as this will be your final opportunity.

 

If you are experiencing difficulties, or you wish to make a proposal please call us today.

 

Yours faithfully

 

Recoveries Department

[BerryN]

I think now is the time to kick some butt?!?!? anyone?

[clutchingatstraws]

Something like this should suffice,

Recorded Delivery

Ref:

Dear Sir/Madam

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 the **** of May 2007 I wrote to you requesting a copy of the credit agreement and other information under the Consumer Credit Act 1974 (Sections 77-79).

On ***d May 2007 a member of your staff signed for delivery of my written request and I have an electronic proof of delivery showing their signature and the date.

To date you have failed to comply with these requests in any way, whether by confirmation of receipt of the request or by supplying the requested documents.

These documents I requested should be readily available as proof of your legal right to collect this account under the Consumer Credit Act 1974.

In my letter of the***** May 2007 I made a formal request for a copy of the signed, executed credit agreement for the above account under section 77(1) of the Consumer Credit Act 1974. 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 your client enters into a default situation.

If that request is not satisfied after a further 30 calendar days your client commits a summary criminal offence.

These limits have expired.

As you are no doubt aware section 77(4) states:

If the creditor fails to comply with Subsection (1)

(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.

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.

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 21 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.

[BerryN]

UPDATE

I have received a letter dated 20/06/08 from The Royal Bank of Scotland Credit Card Operations:

 

Dear BerryN

 

Account Number: 9826........

 

We hereby give you notice of the asisgnment of the debt due to us by you in respect of the outstanding balance on your Royal Bank of Acotland credit card account.

 

On 2nd August 2006 your account was assigned to 1st Credit (Finacnce) Limited who are now the legal owners of the debt.

 

All further communication must thereofre be addressed to 1st Credit (Finance) Limited at the address below:

 

PO Box 278

Reigate

RH2 7WB

0870 164 2042

 

Yours Faithfully

 

Collections Manager

Royal Bank of Scotland

[Allwood]

Send a SRA to royal bank of Scotland and see what they have by way of an agreement. i had to do the same with Barclays and they mess me around something rotten before I got a definitely answer from them, this was becasue I copied ICO into their correspondence. I eventually got a reply from Barclays stating that they had no agreement and the date of my last payment to them was 8 years ago.

[ODC]

Did BCW ever respond to your CCA request

[BerryN]

never

[BerryN]

They sent me my application form from Ted Baker but that was it...

[babybear39]

When 1st crud contact you remind them that the account is still in dispute re non comp. of CCA request to BCW. Come back here and we'll dig out a suitable letter for you.

[ODC]

Send this to Worst Credit

 

ACCOUNT IN DISPUTE

Dear Sir or Madam,

Account number: XXXX XXXX XXXX XXXX

 

I must admit that I am rather bemused as to why this account has been passed to yourselves, as it is in dispute with the **original creditor/DCA** and has been since DATE 2007.

Not only is this a breach of OFT collection guidelines, but also in breach of the Consumer Credit Act 1974 and Data Protection Act 1998

 

My last letter from **original creditor/DCA** was DATE and intimated that my complaint would be

resolved on **DATE**, this obviously hasn’t happened.

As **original creditor/DCA** are now in default of my Consumer Credit Act request, OFT Collection Guidelines, *Subject Access request and have also breached *s10 Data Protection Act request , I consider this account to be in SERIOUS DISPUTE.

 

As you are aware while my Consumer Credit Act request remains in default enforcement action is NOT permitted, under s127 this constitutes a complete defence at law.

 

Consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS.

 

Now I would respectfully suggest that this account is returned to the **original creditor/DCA** for resolution of these defaults and breaches, as **New DCA** cannot lawfully pursue any enforcement activities.

 

If **New DCA** chooses to ignore my dispute and attempt enforcement, I will initiate legal action and file reports with the appropriate authorities, including, but not limited to, Trading Standards, Office of Fair Trading, Information Commissioners Office, Financial Ombudsman Service and possible court action.

 

After taking advice, I am of the opinion that any continued pursuit is in violation of the Administration of Justice Act 1970 section 40 as well as breaching a number of the OFT Collection Guidelines

 

I hope that this will not be necessary and an acceptable solution can be accomplished.

 

I would appreciate your due diligence in this matter.

I look forward to hearing from you in writing.

 

Yours faithfully

[BerryN]

great! thank you

[Allwood]

as you know not to sign the letter also to send it by recorded delivery. I would as well SAR the OC as this will clear up a lot for you ie if there is an agreement in existence.

 

I wish I had SAR my OC lender before as it would have saved me a lot of hassle with **** like BCW.

[BerryN]

I have today received a letter from LCS Solicitors advising they have been instructed by their client 1st Credit Ltd to contact me regarding this debt and if I don't pay within 7 days they will go for a CCJ against me. What letter can I bang off to them advsing no Credit Agreement in place therefore naff off??

[Tootles1971]

I think probably reply telling them the account is in dispute and enclose a copy of the letter you sent in 2008. Have you acknowledged this debt or paid anything in the last 6 years?