To anyone with a kind heart Re: Debt Advice

debtman2007

GeorgeUK wrote: »

There are a few templates on the board. I'll post some links to explain the CCA request process and a link to the thread with the templates. It is no longer a criminal offence for them to not provide a copy of the CCA so don't use the 12+2+30 day letter. The 12+2 day letter you could send them.

Details: http://forums.moneysavingexpert.com/showthread.html?t=578486
Template: http://forums.moneysavingexpert.com/showthread.html?p=11636295#post11636295

Balls. didn't know that, i have already sent the 12+2+30 letter. What will happen now??

debtman2007

OK really confused myself now.

I have sent this as my 2nd letter. Is that correct or not?

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 8th September 2008 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 11th September 2008.

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 26th September, 2008. If the request is not satisfied after a further calendar month, your company commits an offence. Therefore on 26th October 2008 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.





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,

debtman2007

anyone??

GeorgeUK

Hi debtman - that's the 12+2 day letter. Fermi posted a slightly different one, but basically the same. One thing i would adjust is the typo

Data Protection Act 1998)

http://forums.moneysavingexpert.com/showthread.html?t=963087

amw5254

Hello there

it's me again. hope it's ok for a few more questions? ta.

i have copied default letter ( for the DCA) and, a letter to be sent to the DCA's solicitor stating that DCA failed to provide CA on the prescribed time.
The letter to the DCA, do i have to put a title " DEFAULT NOTICE"? And a "COMPLAINT" heading? do i have to include in the letter as well that , i will be giving them 14 days to resolve this matter?

Also, i plan to send DCA and their solicitor each separate letters(although they are with the same address) only so can they cannot deny it.
Do i have to send them both special delivery so it could signed for by them? or just a recorded mail which is not guaranteed to be signed for( as what happened with my other letter not been signed as they get bulk mail, therefore only signing for 1). it is just too much to spend on for these bunch and, they only use second class sending for us.
Does it really matter now that it gets signed by them? still if i could choose it will be on recorded mail for both the letters.

Please- could someone please who's available for any advice please. i need to finalize the letter tonight.

many thanks all of u!

GeorgeUK

The heading is just so that they will know not to ignore the letter - it gives a guide to whoever receives it that it should be read rather than just filed. (With DCA's it rarely matters though)

Fermi has on his version of the 12+2 day latter "FORMAL NOTICE - ACCOUNT IN DISPUTE"
Kinda sums it up nicely doesn't it.

The time aspect is not really an issue for requesting CCA's (although it should be). If a DCA doesn't respond to your CCA request, but comes back 3 years later with a copy of the CCA then the debt is enforcable from that point on if it has not yet become statute barred. That's why it's important to follow through with threats that you will report them to the regulatory bodies if they do not remove your details from their system and get written confirmation of this. The 14 days is you showing the court (should it go there) that you have given them a reasonable amount of time to comply with the request.

I would just send the letters by recorded delivery. It is only going to become an issue if it goes to court and hopefully it won't even be an issue if they can't prvide a copy let alone one with all the prescribed terms.

amw5254

Fermi has a version of the 12+2 day latter "FORMAL NOTIVE - ACCOUNT IN DISPUTE"
Hi GeorgeUk,
many thanks for the info and advice. please could you provide me the thread of Fermi for this letter? sorry but am still a novice on this forum here.
waiting for your response eagerly.
Ta.

GeorgeUK

I put one in post 6, Fermi's is post 12
http://forums.moneysavingexpert.com/showthread.html?t=963087

amw5254

Hello there
it's me again. hope you are keeping well.
i came back coz i have a few question and suggestion. I am now preparing my letter to 1dst crude default letter. my Q. is do i have to include in the letter, " I do not acknowledge my debt to you", or just omit it? i've not acknowledge nor deny this from them. or shall i just state the facts of their default? i've got templates from Fermi.
Also, at the same time i shall be sending Lcs a letter outling their non-compliance(1st Crude) of the CA. I will be enclosing the copies of CA request, request acknowledgment and default letter to 1st Crude. do you think it is ok?
Do i have to send them separately?(although the same office) and send them special delivery so it guarantees signature? please let me know what you think. i shall be eagerly waiting 4 ur thoughts......
with thanks.

amw5254

to anyone who's available please. Ta.