now 12+2+30 days is up and iam still receiving demands for payment.

GeorgeUK · 22 July 2008 at 11:54PM

Hi Red

If they have written to you again after they received your last letter i think it is clear they will continue to ignore your letters and their legal obligation to you. Send one last letter detailing what has happened and who you will be contacting. After this, contact the Office of Fair Trading, Financial Ombudsman Service and Trading Standards (Possibly the Information Commissioners Office) - next you would issue a letter before action to the company, then start court proceedings if they have still failed to comply with your requests or the above organisations have not instructed them to cease contact with you and enter a zero balance against the account.

Unfortunately even them admitting that they do not have a true enforcable agreement may not be enough to get them to stop hounding you. I'd take a not of the date of the last payment you made towards the debt. It may need to become statute barred before they leave you alone judging by some of the threads i have read.

PLEASE DO NOT SEND THIS LETTER
This is an amalgamation of various letters and threads from the consumeractiongroup forum (mostly PT and Shane). I would appreciate some feedback from other members as to how appropriate this letter may be before you send it. I have researched some of the sources but do not wish to put you in an awkward position as some of the details in this letter are new to me and i do not fully understand their implications.
(sorry if that sounds a bit melodramatic)

As you are aware, I wrote to you on xx/xx/xxxx requesting you supply me with the relevant information, which is my legal right under section 77-79 of the CCA 1974. You had 12 days plus 30 days inclusive of holidays and weekends (i.e. xx/xx/xxxx) to respond to me with the information.

This time has passed and it is my intention to report you to the appropriate authorities. I also understand that under the Act, due to your failure to comply with my statutory request you or any acting agent are unable to enforce an agreement, therefore I will not be making further payments and may seek to recover any payments made to date.

If you disregard the above and continue to enforce a debt you know is unenforceable I will not hesitate to contact the Financial Crimes Branch at Her Majesty’s Treasury. Subject to The Money Laundering Regulations 2003 (see section 6(1) Record-Keeping Procedures) failure to keep accurate records and copies of said documents I have requested is a breach of this act. Furthermore, your continuance to enforce a debt you know and have been made aware is unenforceable can be construed as Fraud. By virtue of section 2. Fraud by false representation and by the definitions given in section 5 of ‘Gain’ and ‘Loss’ in the Fraud Act enforcing an unenforceable debt is misrepresentation on your part and a clear breach of this Act.

I am sure you know the seriousness of the above and the consequences of investigations posed by the Financial Crimes Branch. I therefore ask you to please read this letter carefully and provide a satisfactory response within seven days of receipt.

As your clients have been unable to produce any document signed by me giving them or you permission to process my data you are in breach of The Data Protection Act 1998 (section 14) by continuing to process my data and placing defaults on my credit file. You have no written proof that any contract existed between me and your client and have misled the Credit Reference Agencies by giving an undertaking that you have my consent to share my data with them. I am again DEMANDING you remove ALL entries from my Credit Reference File within seven days or I will report you to the Data protection Registrar, Information Commissioners Office and the Office of Fair Trading.

I also require that you remove all my data from your files within the next 7 days and look forward to receiving a letter from you within 10 days confirming that you have complied with this request.

I will not be entering into any further discussions regarding this unenforcable debt or what I believe to be unlawful processing of my data and trust that you will carry out my request.

Do not ignore this letter, if you do not understand it please pass it to someone who does.

Yours faithfully
PRINT NAME

redpoison · 23 July 2008 at 11:03AM

hi that sounds like a resonable letter, the type thats needed ! i will ring nation debt line and read it to them, hopefully they will agree..

if anyone else thinks this will be ok to send, please could you let me know also

fermi · 23 July 2008 at 1:35PM

redpoison wrote: »

hi that sounds like a resonable letter, the type thats needed ! i will ring nation debt line and read it to them, hopefully they will agree..

if anyone else thinks this will be ok to send, please could you let me know also

I can't comment on much of the third/fourth paragraph, since I haven't really looked into those aspects that far.

The rest looks OK I think, but your idea of running it past National Debtline first is a good one.

It is difficult to get idiot companies like this to pay attention. As they have admitted, they would probably have little prospect of success through the courts, so the only fall-back they have is harassment and threats. When that is the case sometimes they really don't know when to give up!:rolleyes:

redpoison · 26 July 2008 at 7:46PM

Double post

redpoison · 26 July 2008 at 7:47PM

Well after all that, and no more letter's sent to them after they still harrassed me, i got a letter of them today saying !

redpoison wrote: »

Dear ******

RE: Simply Be Account

thankyou for your letter dated 24 June 2008, Which we recieved on 22 July 2008.

We note your comments, and can confirm that all collection activity will cease, however, the fact of your non-payment will be reported to the licensed Credit Reference agencies.

Please find enclosed a copy of the complaints procedure as requested.

Yours Sincerely

Reliable collections

NOW the dat of which they recieved my letter is just a wee bit strange? AND the fact they state *please find enclosed a copy of the complaints procedure as requested*, and there is no complaints procedure with this letter. Also i didnt think they can add this debt to my credit file as i never signed anything ?

What you think ?

GeorgeUK · 26 July 2008 at 10:54PM

I thought there was already a default on your file for this debt? They can't put two on for the same debt.

redpoison · 26 July 2008 at 11:05PM

Yes there is, it says satisfactory at the moment with 3 missed payments, i am sure they will update it soon

thought i could stop them from even being on my file because i didnt sign anything?

Can they come back to me at a later date chasing this debt?

GeorgeUK · 27 July 2008 at 1:33AM

As you told them in the 12+2 day letter

Whilst it is unenforceable, no interest is to be added to the account. No action can be taken against me. No adverse credit references or defaults can be listed against me with Credit Reference Agencies.

If there was not default before the debt was shown to be unenforcable, it appears that they are not allowed to list a default with the CRA's.

In that letter, you would also have denied them authority to pass on your personal data - as you did not have an agreement (or enforcable contract) with them at this. If they were to do so, in my opinion it would be a breach of the Data Protection Act. Not sure, but there are comments about compensation if this were to happen (section 13) - you would need to look to see if there were any cases in which compensation was awarded on other threads or on the CAG forum. They may be able to comment further on the legal aspects should you try to either bring a case against the DCA or in writing to notify the regulatory authorities.

As with most debts dealt with by DCA's, even though they are not enforcable, there is a chance you will see this crop up again.

anthony1 · 28 July 2008 at 10:09AM

For clarification this is a card I took out in 2003. I beleive the agreement is unenforceable. On the credit agreement they sent it states my credit limit as £4500.00. However on the seperate terms and conditions , unsigned, it shows credit limit as £9400.00. These cannot be the terms and conditions sent with the agreement from 2003. Also they are on a seperate piece of paper, not the reverse of the agreeement. The agreement is not signed my them and it only shows interest rate, the rest is data protection stuff. Also the apr is idfferent to the agreement.

GeorgeUK · 28 July 2008 at 10:24AM

Hi Anthony - not sure you meant to post on this thread, but these are the prescribed terms that are required.
http://forums.moneysavingexpert.com/showthread.html?p=6815188&highlight=weller711#post615188

now 12+2+30 days is up and iam still receiving demands for payment.

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