Unexpected Debt Letter

LOL not often I get asked to treat people as idiots I forget not all people who have been on the boards a few years haven't come across the terminology
It's basically the credit agreement - the original signed document for the debt - there are a few debts it doesn't apply for but best way to find out is to ask for one should be a standard letter floating round at the top of the page somewhere

CCA is consumer credit agreement, it's what you signed to get credit. If they can't provide one then the debt's unenforceable. It costs a £1 postal order (don't send a cheque or they might forge things). I don't have a link for the letter but I'm sure someone will soon.

Dear Sir/Madam,

RE: Account NO XXXXXXXX

Thank you for your letter dated xx/xx/2008 the contents of which are noted.

In your letter you make reference to requiring my signed authorisation /specimen signature** before you comply. I draw your attention to the fact that the Consumer Credit Act 1974 does not require that i supply you a copy of my signature before you comply with my S77/78** request.

If it is for Data Protection purposes then i can happily supply you with documentation to substantiate my identity to you.

However please note that to date you have happily sent statements and correspondence containing extensive sensitive private information to my address. I have to ask if you are concerned that you are corresponding with the correct person why has it taken so long to raise this?

As you are aware, disclosing data without adequate checks of identity is contrary to the 7th principal of data protection, listed in schedule 1 of the Data protection Act 1998:

7. Appropriate technical and organisational measures shall be taken against unauthorised or unlawful processing of personal data and against accidental loss or destruction of, or damage to, personal data.

My request for a true copy of my credit agreement under section 77/78** was made on xx/xx/2008 and the 12 working days for your compliance expire on xx/xx/2008.

I note that there is no provision that removes the requirements of the act to provide this information on time, even if you are unsure of my identity.

I look forward to receiving the documentation requested

Yours faithfully

Print dont Sign

I had a few similar letters from these, and made the mistake of phoning them prior to me having my phone number withheld, not a good idea as they got my phone number and then rang constantly until I sent this...... From a couple of letters from them, I found it was Powergen/Eon who wanted paying, I have no idea why. Since this letter I have heard nothing from them, touch wood!!

Good luck with it, oh yeah send the letters recorded to make sure you get proof they got it!

Dear Sir/Madam

Advantis Credit Ref - ******

You have contacted me regarding the account with the above reference number, which you claim is owed by myself.

On several occasions I have requested confirmation from you as to the exact details this alleged Eon debt relates to, meter readings, dates etc and this has never been received. I would point out that I have no knowledge of any such debt being owed to Eon.

I am familiar with the Office of Fair Trading Debt Collection Guidance, which states that it is unfair to send demands for payment to an individual when it is uncertain that they are the debtor in question or indeed without providing evidence of what the debt is actually for.

I would also point out that the OFT say under the Guidance that it is unfair to pursue third parties for payment when they are not liable. In not ceasing collection activity whilst investigating a reasonably queried or disputed debt you are using deceptive/and or unfair methods.

Furthermore, ignoring and/or disregarding claims that debts have been settled or are disputed and continuing to make unjustified demands for payment amounts to physical/psychological harassment.

I would ask that no further contact be made concerning the above account unless you can provide evidence as to my liability for the debt in question and exactly what it relates too.

I await your written confirmation that this matter is now closed. Otherwise I will have no option but to make a complaint to the trading standards department and consider informing the OFT of your actions.

I look forward to your reply.

Yours faithfully