First credit debt collection :(

RAS

Hi

ncked form another thread. Got to go

Read the OFT Guidelines first and adapt this letter - quoting the bits about stopping chasing vunerable people.

You need to send a letter telling all the creditors to stop telephoning Him. It may take time to take effect, but if it will work.

So send this first letter registered post. If they make any further calls after it is signed for, then she needs to send the second letter and copy in the Information Commisioner, the OFT and the Trading Standards office nearest the debtor's office.

No it is guaranteed to stop them but if you

1.Point out it is your right under the OFT Guidelines.
2. refuse to answer security questions.
3.Advise them that you are recoding the call

they will take the hint.


Phone letters from fermi

Something along the lines of:

Quote:
Dear Sir / Madam,

Re accounts ref

I do not acknowledge any debt to your company.

I am writing to you to inform that I request all communications to me in writing. I do not want any further telephone calls made to me ( my mum).

To continue to contact me by telephone after I have requested you not to constitutes harassment. I require all future communications in writing for future Court use. Do not telephone me again – remove any telephone numbers you hold for me from your systems.

Your telephone calls are in breach of the Office of Fair Trading guidelines. If you continue with them after the receipt of this letter, an official complaint, together with a log recording the times and frequency will be passed both to that office and to Trading Standards, For your information, all telephone calls are taped.

This type of debt collection method is contrary to the ‘Administration of Justice Act 1970’. In that it is intended to cause alarm and distress to the recipient. Your methods will not be tolerated. A formal complaint to the relevant authorities will be made.

Take further notice that continued telephone calls after receipt of a request not to call may constitute a criminal offence under Section 127 of the Communications Act 2003. Continued phone calls to my mother may also constitute an offence under the Data Protection Act.

Communicate in writing and ONLY in writing. Your telephone calls will not be answered.

HOWEVER, CALLS WILL TRIGGER COMPLAINTS TO THE REGULATORY BODIES.

I trust I have made myself understood on this matter.

Yours,

A list of good contacts to whom you can complain formally if they make a nuisance of themselves.

Here are pipk62's list of websites for the organisations .

These addresses are the ones that I have used to find the information that I required, You may want to research pages other than the ones I have linked to, try clicking on the home page if any of these aren't what you wanted.

Office of Fair Trading, Contact page: http://www.oft.gov.uk/contactus

The Information Commissioners Office, Complaints page: http://www.ico.gov.uk/complaints.aspx
(note: I chose to complete and download the .pdf form on Data Protection, which I am also sending to the other offices, with an accompanying letter)

Trading Standards, Central office homepage: http://www.tradingstandards.gov.uk/
-Please note, you can search by inserting the postcode in the top right hand corner, remember to use the postcode of the DCA rather than your own-

Consumer Credit Association, enquiries page: http://www.ccauk.org/consenquiries.htm

the Financial Ombudsman Service, Contacts page: http://www.financial-ombudsman.org/contact/index.html

Members of parliament list, (as provided by RAS): http://www.parliament.uk/directories/hciolists/clomps.cfm


And then if you get any more calls:

Quote:
Dear Sir/Madam,

Ref. 1234567890

Despite my letters regarding ANY communication from your company, which stated that I require ALL communications in writing, your telephone calls continue.

This behaviour constitutes harassment; the letters stated quite clearly to you that I require ALL communications in writing for future Court use. Do not telephone me again - remove any telephone numbers you hold for me from your systems.

Your telephone calls are in breach of the Office of Fair Trading guidelines. If you continue with them after the receipt of this letter an official complaint, together with a log recording the times and frequency of the calls will be passed both to that office and to the Trading Standards office. For your information note that ALL telephone calls are taped.

This type of debt collection method is contrary to the ‘Administration of Justice Act 1970’ in that it is intended to cause alarm and distress to the recipient. Your methods will not be tolerated. A formal complaint, containing copies of all correspondence including yours, has now been submitted to the relevant authorities. This will be relevant to questions of your fitness to hold a licence under the Consumer Credit Act, whether or not it results in a prosecution.

Take further note that continued telephone calls after the receipt of a request not to call may constitute a criminal offence under Section 127 of the Communications Act 2003.

Communicate in writing and ONLY in writing, your telephone calls will NOT be answered.

HOWEVER, CALLS WILL TRIGGER COMPLAINTS TO THE REGULATORY BODIES.

I trust that I have made myself understood on this matter,

Yours faithfully,

debtman2007

RAS wrote: »

Please. You have requested a CCA and it has not been sent. Legally this debt is in dispute and Ist credit are breaking the law if they pursue you for the debt whilst it is dispute. Tell CCCS to hold fire until the 12 working day deadline is up. You may not have to pay anything.



Did you not do that previously? Yes and it is really important that you tell them you have been ill recently. It is agains toft Guidelines to pursue someone who is vunerable.

No haven't sent any letters yet, i need to send for the CCA also it seems.

When i phoned earlier i recorded the message because last week they told me to borrow money from elsewhere to pay them back (which i wouldn't do anyway) but as far as i understand they should not advise you with that course of action. Anyway he didn't mention anything of the sort today.

debtman2007

RAS wrote: »

Please. You have requested a CCA and it has not been sent. Legally this debt is in dispute and Ist credit are breaking the law if they pursue you for the debt whilst it is dispute. Tell CCCS to hold fire until the 12 working day deadline is up. You may not have to pay anything.



Did you not do that previously? Yes and it is really important that you tell them you have been ill recently. It is agains toft Guidelines to pursue someone who is vunerable.

No haven't sent any letters yet, i need to send for the CCA also it seems.

When i phoned earlier i recorded the message because last week they told me to borrow money from elsewhere to pay them back (which i wouldn't do anyway) but as far as i understand they should not advise you with that course of action. Anyway he didn't mention anything of the sort today.

debtman2007

One more quick question i have.

i have two Citi cards that were issued(with with different account numbers) but only ever signed one agreement, does that mean that only one can be chased??

RAS

So you did not send the CCA letter?

Am likely to lose the wifi any mo, so it may be tomorrow before I can look in again

debtman2007

No have not sent it. i need to get to teh post office for teh postal order. i hope by friday will be able to do this.

Thanks for all your help. so far.

classy

RAS wrote: »

Original CCA request letter to be sent regsitered post with a £1 postal order. Print do not sign your letter.

Quote:
Dear Sir/Madam

Re:− Account/Reference Number 4563210025897412

I do not acknowledge any debt to your company.

With reference to the above, we would be grateful if you would send us a copy of this credit agreement, statement of account and notice of assignment.

We understand that under the Consumer Credit Act 1974 (Sections 77−79), we are entitled to receive a copy of our credit agreement on request. We enclose a payment of £1.00 which represents the fee payable under the Consumer Credit Act.

We understand a copy of our credit agreement should be supplied within 12 working days.

We understand that under the Consumer Credit Act creditors are unable to enforce an agreement if they fail to comply with a request for a copy of the agreement under these sections of the Act.

We look forward to hearing from you.

Yours faithfully

Sorry if this is in the wrong place .I sent this letter to Advantis Credit on 29/8 who say I owe £170 on an old Orange account ,I got fed up telling them I wanted proof . They have sent a letter saying it has been passed to Crown Litigation Services( similar address!) and then today rang and said they had my letter but that I should have a copy anyway and if I didn't it was up to me to get one from Orange aswell as any copies of actual bills . They said they would put it on hold for a week so that I could ring Orange- can anyone please help with what I do next?

RAS

Classy have replied here http://forums.moneysavingexpert.com/showthread.html?p=14064679#post14064679

RAS

OK

it is extremely important that you get that CCA letter out this week. Remember to send it registered post so you can trace when they sign for it and print your name rather than sign. Once you send that, the debt is in dispute.

If 1st credit do not have the CCA, they cannot even get a CCJ against you or enforce one if they have one. You then have a choice of whether to pay them anything or not.

You need them to get it before September 17.

In the mean-time please contact CCCS and ask them to revert to the old payment plan

debtman2007

Sorry, do i send this recorded or registered or are they the same??