First credit debt collection :(

debtlady

Thanks Pepe. I am well past the 12+2+30, and this is the second time they've said they're going to request a copy of the CCA. Should I now just ignore them, or is there a further 'official' letter I should send? Also what would be the basis for a complaint to the OFT and FOS? That they have failed to produce the copy of the CCA after 3 months?

pepe2008

debtlady wrote: »

Thanks Pepe. I am well past the 12+2+30, and this is the second time they've said they're going to request a copy of the CCA. Should I now just ignore them, or is there a further 'official' letter I should send? Also what would be the basis for a complaint to the OFT and FOS? That they have failed to produce the copy of the CCA after 3 months?

have a look at the OFT Guidelines on Debt Collection at www.oft.gov.uk . see how their behaviour prior to the request stacks up.
Simply by NOT ensuring there is an Agreement ( they cannot rely on an assumption that the OC has it ) leave sthe m open to breaches of 2.2b, 2.2e,2.4b etc. Phone OFT to Complain, its free and anonymous as they go on numbers of Complaints NOT individual ones.
Write to
Financial Ombudsmans Service
South Quay Plaza
183 Marsh Wall
London
E14 9SR

Complain that they have harrassed you for a debt that they have no Legal Entitlement to. This has caused stress and nervous upset to you and your Family etc,etc....lay it on thick.
You could of cousre send a copy to 1st Crudit saying 'this is what I will be sending' and ask them what they consider their next step would be. Give them a suitable amount of time to not produce the Agreement ( again ) this time though.
its a bit like poker at this stage.

debtlady

Ok, thanks. I'll look that up and write some more letters:D

pepe2008

debtlady wrote: »

Ok, thanks. I'll look that up and write some more letters:D

Dont be shy, you have been VERY upset and VERY distressed. This whole matter has affected your work and your personal life, you have had difficulty sleeping ( especially when they threatened Stat demand, Charging order, Forced Sale and Bankruptcy...which I presume they did as they normally do.)

debtlady

They did threaten all that at the start. I wrote to say I suffer from depression and am on medication (which is true - I had to take early retirement on the grounds of ill health, which is how I got into this mess in the first place), and since then they've stopped phoning, just sending letters saying I haven't responded to their request to pay in full, which I have - I can't!

pepe2008

debtlady wrote: »

They did threaten all that at the start. I wrote to say I suffer from depression and am on medication (which is true - I had to take early retirement on the grounds of ill health, which is how I got into this mess in the first place), and since then they've stopped phoning, just sending letters saying I haven't responded to their request to pay in full, which I have - I can't!

Depression, medication , good! ( Well, bad obviously, sorry:D )

debtlady

pepe2008 wrote: »

Depression, medication , good! ( Well, bad obviously, sorry:D )

:rotfl: :rotfl: :rotfl: At least I can still laugh! :rotfl: :rotfl: :rotfl:

pepe2008

debtlady wrote: »

:rotfl: :rotfl: :rotfl: At least I can still laugh! :rotfl: :rotfl: :rotfl:

And they cant take that so **** 'em:D 'scuse language

debtlady

Thanks Pepe, you've cheered me up no end :T . The letters always make me anxious when they arrive, so it's good to come here and get advice and reassurance

pepe2008

debtlady wrote: »

Thanks Pepe, you've cheered me up no end :T . The letters always make me anxious when they arrive, so it's good to come here and get advice and reassurance

No probs. I dont know if you are on a dmp, I know debtman2007 is and he was asking for this type of letter the other day.
I have just prepared this for sending to 1st cretins tomorrow...

Sirs,

Ref Account Number ****************

I enclose for your attention a Default Notice sent under the terms of the Consumer Credit Act 1974. You have failed to send me, after proper request, a copy of the Agreement as required by Section 78 of the Act.

To pre-empt your response, whilst I do not need to give you reasons, I dispute the fact that you have any legal entitlement in this matter. Payments to you have been made, and maintained, via a debt management plan administered by the Consumer Credit Counselling Service and will continue as such so as not to jeopardize payment arrangements to creditors who do have legal entitlement. I reserve my right to request repaymant of any monies made to your Company as and when neccessary.

Yours,