Another letter Should I just ignore?

billynomates_2 · 10 October 2007 at 11:06AM

I received a letter from A JB Debt Recovery requesting payment for a debt with the usual blurb 7 days to pay or legal action etc. I sent the CCA letter requesting a copy of the credit agreement which was signed for on 13 Sept.
Confusingly (i just noticed the date on the letter) I then received a letter dated 5 Sept from a company called ATI offering a sttlement of 80% on the same debt wich i ignored because both JB and ATI have the same office and e-mail address so i presume they are the same company?
I have heard nothing since from JB but this morn i received another letter from ATI stating that as they have had no response from me they may now pass this on to their field agents whom will be contacting me in the next few weeks unless i contact them. Both companies are acting on behalf of Robinson Way.
Should i just ignore again or send another CCA letter to ATI (then i presume they will just come back with another company) or send one to Robinson Way?
The original debt was with RBS card services I don't mind paying them but will they still own the debt and would it be worth contacting them?
Thank you in advance for any suggestions I don't really need "Field Agents " knocking at the door.

wok_boy · 10 October 2007 at 11:08AM

I would contact RBS and see what they say about it.

immoral_angeluk · 10 October 2007 at 11:08AM

I would send the CCA letter to them as well. Sounds like they're trying their luck passing it on because they know they haven't got the CCA.

AGB863 · 10 October 2007 at 11:57AM

I would wait until the time limit expires for the CCA to be delivered - bear in mind the postal strike, after which time if it does not arrive - advise the collector that due to their failure to provide the CCA, within the allotted time frame - they can not enforce payment.

malestrom07 · 10 October 2007 at 3:08PM

Debt puchase is raising quite a few issues at the moment over the respective rights and obligations of the original creditor and the assignee.

The current view is that under s.136 of the Law of Property Act 1925 until notice of the assigment has been given to the debtor, the assignee cannot 'give a good discharge' for the debt (ie, a valid receipt) or take proceedings in its own name and so any assignment has no effect upon the debtor who should continue to deal with the original creditor.

So, if you are considering doing a s.77/78 request, it should be addressed to the original creditor and the assignee to be on the safe side.

At the moment, your defence to any court action to recover the debt is that the assignee has no right to seek payment of the debt in its own name as no notice of the assignment of the debt has been given to the client. However, the assignee can cure this by serving a notice and starting again.

If you get to a situation where s.77/78 requests have gone to both original creditor and assignee and have not been complied with, then the agreement would be unenforceable by either of them unless and until one of them complied. In your situation, the assignee has said that it has only bought part of the rights ? If the original creditor said similar then this would be a case for a formal complaint using the Financial Ombudsman Service.

There was a court case ongoing which would have resolved this issue once and for all but a settlement was reached rather than set a precedent or become case law. I would suggest that you write back to the creditor objecting to the way they have 'split' the rights from their responsibilities and refer to the ombudsman in the normal way if you get no satisfactory response.

moonlightpjs · 10 October 2007 at 3:24PM

Suggested next letter to the DCA you originally CCA'd:- If its the same address as the 2nd letter then they are just playing silly b*ggers. Stick to your timescales and your make sure all letter sent by Recorded Delivery and keep all correspondance from them.

DEFAULT UNDER THE CONSUMER CREDIT ACT 1974
FAILURE TO PRODUCE AGREEMENT

Dear Sir/Madam

ACCOUNT NUMBER: *******************

I wrote to you by Special Delivery/Recorded Delivery ( Ref ******) on ***** 2007 asking for a copy of the above agreement together with the relevant information under Section 77-79 of the Consumer Credit Act 1974, enclosing a 1.00 postal order as the fee payable. This letter was delivered and signed for on *****, 2007.

The Consumer Credit Act allows 12 working days for this request to be carried out before your company enters into a default situation. This occurred on *****, 2007. If the request is not satisfied after a further calendar month, your company commits an offence. Therefore on ********** 2007 this time limit will have expired.

I have still neither received a copy of the agreement as required by S78 Consumer Credit Act 1974, nor any other information relating to same. As such, this account has become unenforceable by law. As you are no doubt aware subsection (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.

As such, now that the 12 working days have expired (from your receipt of the request for the agreement and supporting documents) the account is now in dispute. Whilst it remains in dispute the agreement is unenforceable.

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. The account cannot be passed to a Debt Collection Agency. And lastly, I am not obliged to make any further payments to the account. Essentially, the account is ‘held’ as it was on the date of the CCA request expiring (****, 2007)

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 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.

Yours faithfully,

billynomates_2 · 10 October 2007 at 5:05PM

OOPS i got dates mixed up.they signed for the CCA request on 13 Aug.....i guess this means the 30 days are up

Another letter Should I just ignore?

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