Re earlier thread , i got the dates wrong, 30 days are up,what now?

billynomates_2 · 10 October 2007 at 5:54PM

Quote:
Originally Posted by billynomates

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.

The original CCA request was signed for on 13/08/07, i guess this means the 30 days are up, apart from reporting them to trading standards is there a letter i send to them advising them i am reporting them?
BTW looked up JB debt recovery and ATI and they are both part of a company called JB Ventures LTD
Thanks again for any advice

moonlightpjs · 10 October 2007 at 7:00PM

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

moonlightpjs · 10 October 2007 at 7:03PM

You may need to ammend certain things on the letter to suit your circumstances, ie: if you have never made any payment to them then the paragraph that states you want all monies repaid needs deleting.

HTH x

scoey2007 · 16 October 2007 at 12:01PM

Hi there,

I've been writing to both Abbey and T-Mobile about incorrect data held on my credit file, and have also sent the letter you posted above and am still awaiting a response from both parties.

What is the next step I can take to get this moving again???

Thanks

swt61 · 29 October 2008 at 4:55PM

billynomates wrote: »

Quote:
Originally Posted by billynomates
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.

The original CCA request was signed for on 13/08/07, i guess this means the 30 days are up, apart from reporting them to trading standards is there a letter i send to them advising them i am reporting them?
BTW looked up JB debt recovery and ATI and they are both part of a company called JB Ventures LTD
Thanks again for any advice

Hi, Any updates yet on this mate ?

My New CCA request posting is here :-
http://forums.moneysavingexpert.com/showthread.html?t=767025&page=60

Simon

swt61 · 3 November 2008 at 7:36PM

Hi All, My update is posted here for my recent

CCA Request,

http://forums.moneysavingexpert.com/showthread.html?t=767025&page=60

Regards,

Simon :-)

swt61 · 6 November 2008 at 11:34AM

Hi, If anyone is interested new updates for CCA'S are here

http://forums.moneysavingexpert.com/showthread.html?t=767025

Regards,

Simon

hardboiled · 12 June 2010 at 8:23AM

Could anyone tell me if the 12+2+30 rules still applies.
I sent a recorded deliver letter to BLS and they've already gone past 30 days.
I kept the recorded delivery receipt.
I actually made a call to them in February 2010 and asked for the CCA verbally as well and still have not heard as well.
I'll still hang on for the extra 2 weeks just to make sure but if anyone could clarify It would be much appreciated.

Re earlier thread , i got the dates wrong, 30 days are up,what now?

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