Copy of signed credit agreement

AGB863 · 17 October 2007 at 11:00AM

JUst to confirm what others have stated, BCW should not be chasing you for any payments whilst the debt is in dispute and below is the relevent section form the Debt Collection Guidence as set down by the Office of Fair Trading, to which BCW have to adhere to.

Physical/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 disregarding claims that debts have been settled or are

disputed and continuing to make unjustified demands for payment

You are entilted to inform BCW that you are aware of these guidlines and that they are clearly not adheering to them.

DCA's will assume people are not aware of these and will clearly push the situation as far as they can.

jonnyboy35 · 17 October 2007 at 11:16AM

Thanks very much for that AGB863.

I'll inform BCW of this as i've received two letters from them since the account has been in dispute.

They're just trying bullying tactics as they havn't got a CCA and time is running out for them.

rog2 · 17 October 2007 at 11:25AM

jonnyboy35 wrote: »

Thanks very much for that AGB863.

I'll inform BCW of this as i've received two letters from them since the account has been in dispute.

They're just trying bullying tactics as they havn't got a CCA and time is running out for them.

The whole document that AGB refers to, can be seen on the following link:

http://www,oft.gov.uk/shared_oft/business_leaflets/consumer_credit/oft664.pdf

I would not be surprised to learn that those are the only guidelines that BCW are acting in direct contravention of.

You can, and, by the sound of it, should report their behaviour to the Trading Standards Office.

AGB863 · 17 October 2007 at 11:46AM

rog2 wrote: »

I would not be surprised to learn that those are the only guidelines that BCW are acting in direct contravention of.
quote]

Like I said Rog - DCA's will do what they think that they can "get away with" due to people not being aware of their rights and this happens alot with the 6 year ruling!!!

moonlightpjs · 17 October 2007 at 11:48AM

Letter To Send After 12+2+30 Days

Dear Sir/Madam

Re:−
Your Client Ref:

I do not acknowledge any debt to your company

I refer to my letter dated (enter date) which was delivered via Recorded Delivery to your offices on (enter date).

You have failed to acknowledge this request by not supplying the requested documents. The documents I requested should be readily available as proof of your legal right to collect this account.

In my letter of the (enter date) I made a formal request for a copy of the signed, executed credit agreement for the above account under Section 77(1) and Section 78(1) of the Consumer Credit Act 1974 and a true signed copy of the Deed of Assignment. In addition a full statement of my account should have been sent to me detailing all debits and credits to the account from the time (enter DCA name) purchased this account, along with any other documents mentioned in the credit agreement.

You are reminded that you are obliged to supply these documents, whether you are the original creditor or not, as defined under Section 189 of the CCA 1974.

The Consumer Credit Act allows 12 working days for this request to be carried out before your company enter into a default situation. If the request is not satisfied after a further 30 calendar days, your company commit an offence. These time limits expired on (enter date) and (enter date) respectively.

As you are no doubt aware, Section 78(6) states:

If the creditor under an agreement 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 on (enter date) this account became unenforceable at law and no further payment will be made by myself to the account, as you have failed to comply with a request for a true signed copy of the said agreement, and other relevant documents mentioned in it, and failed to send a full statement of the account and failed to provide a true copy of the Deed of Assignment, under the relevant sections of the Consumer Credit Act 1974. Further, I do not acknowledge any debt to (enter DCA name).

I require the following action from (enter DCA Name) :

1. All payments made to date to (enter DCA name) for this account should be refunded in full, including interest at the rate of 8% per annum.

2. Removal of all defaults entered by (enter DCA name). Note this is to be a complete deletion and not merely an amendment.

3. I look forward to compensation under Section 13 of the Data Protection Act 1998 to be offered for the processing of my data in the manner it has been done over the past number of years.

4. After a full refund of all payments with interest and compensation are received by myself, you will be required under Section 10 and Section 12 of the Data Protection Act 1998 to cease and desist all manual and automatic processing of my data within your company and any other company within your group.

If you do not respond positively to my request, court action may be taken under Section 14 of the Data Protection Act 1998 to force (enter DCA name) or any other company within the group to comply with the refund of all monies paid, removal of all defaults maintained and compensation for damage and distress as a result of unlawful data processing. I may also pass the matter to the relevant enforcement authorities including, but not limited to, the OFT, the Information Commissioners Office, Trading Standards, the CSA, the FOS and my local MP.

Data Protection Act (Data Protection Act 199

Furthermore, under the Data Protection Act (D10), you are also denied the authority to pass on any of my personal data. To do so in the circumstances is I understand a breach of the Data Protection Act 1998, and also the OFT guidelines, and should you ignore my request it would again result in you being further reported to the relevant authorities.

I look forward to your reply within 14 days to resolve the matter amicably.

Yours faithfully

rog2 · 17 October 2007 at 12:11PM

AGB863 wrote: »

Like I said Rog - DCA's will do what they think that they can "get away with" due to people not being aware of their rights and this happens alot with the 6 year ruling!!!

Absolutely - There are some dca's who are literally 'creaming' the system by attempting to collect 'alleged debts' that, if the 'debtor' were aware of his rights, would be rendered totally unenforceable by one letter, from the debtor, stating that he is not going to pay because the 'debt' is statute barred.
Whilst we see several examples of this 'money making' scam, on these boards, what we see does not even constitute the tip of the ice-berg. I firmly believe that it should be a legal requirement for any dca to confirm that they have reccomended that 'debtors' seek independent advice before any payments are taken from that debtor.
Still, we do our best to point people in the right direction.

uncle_pablo · 17 October 2007 at 12:11PM

weller711 wrote: »

Letter To Send After 12+2+30 Days

Dear Sir/Madam

Re:−
Your Client Ref:

I refer to my letter dated (enter date) which was delivered via Recorded Delivery to your offices on (enter date).

You have failed to acknowledge this request by not supplying the requested documents. The documents I requested should be readily available as proof of your legal right to collect this account.

In my letter of the (enter date) I made a formal request for a copy of the signed, executed credit agreement for the above account under Section 77(1) and Section 78(1) of the Consumer Credit Act 1974 and a true signed copy of the Deed of Assignment. In addition a full statement of my account should have been sent to me detailing all debits and credits to the account from the time (enter DCA name) purchased this account, along with any other documents mentioned in the credit agreement.

You are reminded that you are obliged to supply these documents, whether you are the original creditor or not, as defined under Section 189 of the CCA 1974.

The Consumer Credit Act allows 12 working days for this request to be carried out before your company enter into a default situation. If the request is not satisfied after a further 30 calendar days, your company commit an offence. These time limits expired on (enter date) and (enter date) respectively.

As you are no doubt aware, Section 78(6) states:

If the creditor under an agreement 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 on (enter date) this account became unenforceable at law and no further payment will be made by myself to the account, as you have failed to comply with a request for a true signed copy of the said agreement, and other relevant documents mentioned in it, and failed to send a full statement of the account and failed to provide a true copy of the Deed of Assignment, under the relevant sections of the Consumer Credit Act 1974. Further, I do not acknowledge any debt to (enter DCA name).

I require the following action from (enter DCA Name) :

1. All payments made to date to (enter DCA name) for this account should be refunded in full, including interest at the rate of 8% per annum.

2. Removal of all defaults entered by (enter DCA name). Note this is to be a complete deletion and not merely an amendment.

3. I look forward to compensation under Section 13 of the Data Protection Act 1998 to be offered for the processing of my data in the manner it has been done over the past number of years.

4. After a full refund of all payments with interest and compensation are received by myself, you will be required under Section 10 and Section 12 of the Data Protection Act 1998 to cease and desist all manual and automatic processing of my data within your company and any other company within your group.

If you do not respond positively to my request, court action may be taken under Section 14 of the Data Protection Act 1998 to force (enter DCA name) or any other company within the group to comply with the refund of all monies paid, removal of all defaults maintained and compensation for damage and distress as a result of unlawful data processing. I may also pass the matter to the relevant enforcement authorities including, but not limited to, the OFT, the Information Commissioners Office, Trading Standards, the CSA, the FOS and my local MP.

Data Protection Act (Data Protection Act 199

Furthermore, under the Data Protection Act (D10), you are also denied the authority to pass on any of my personal data. To do so in the circumstances is I understand a breach of the Data Protection Act 1998, and also the OFT guidelines, and should you ignore my request it would again result in you being further reported to the relevant authorities.

I look forward to your reply within 14 days to resolve the matter amicably.

Yours faithfully

Yep thats the one! Cheers Weller711;)

Just one question.

1. All payments made to date to (enter DCA name) for this account should be refunded in full, including interest at the rate of 8% per annum.[/quote]

Im not sure if this debt is mine or if I ever paid anything towards it. Should I still leave this line in. I have sent the first letter stating that "I do not acknowledge any debt to your company............"

So, it would seem strange to ask for any return for any money I may, or may not, have paid to them in the past. And also dont want anything nasty on my credit file.

Thanks

Pablo.

rog2 · 17 October 2007 at 12:14PM

If you are unsure - leave the line in. The dca will soon tell you if nothing has been paid.
They like collecting money, but have an aversion to paying it back.

moonlightpjs · 17 October 2007 at 12:17PM

If you have paid anything then leave it in - as the debt is unenforcable and "illegal" meaning they have no legal right to collect it then you are entitled to your money back

I have received payments back though they were from the DCA's not the original creditor.

If you haven't paid anything then you can delete that part although if you are not sure if you have paid then I would leave it in on the off chance - does that makes sense

And yes, include the "I do not acknowledge................." in this letter and every letter. I will edit the letter now, thanks for pointing it out.

moonlightpjs · 17 October 2007 at 12:17PM

Cross posted with rog

Copy of signed credit agreement

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