Debt selling

crazyhaggid

I had three big debts that I had defaulted on when I left work after being made redundant and became a student, and so could no longer afford the minimum prepayments.

Up until recently I had agreed monthly payments with each one through the citizen advice bureau.

My marbles credit card was sold without warning to Cabot who wouldn't stop hounding me, with help from debtline and this forum I've now sent the matter to the ombudsman.

However now another one of my debts with Egg has been sold to DLC, again without warning, already the first reply I made to them has gone 'missing' and their second letter is the usual threatening court action.

I know in the Debt collection guidelines they are supposed to inform you before they do this, is they anyway I can report them for what they've done? As it really annoys me especially as I never missed a single payment with each one.

10past6

I have a template letter for your complaint, but why not send them this letter first?

If they cannot produce a valid CCA, that'll wipe the smile of there face :rotfl:

Loan or CC Company
Address


Your Address

Date

Dear Sir/Madam

Re:− Account/Reference Number XXXXXXXXXXXXXXXXXX

With reference to the above agreement, I would be grateful if you would send me a copy of this credit agreement.

I understand that under the Consumer Credit Act 1974 (Sections 77−79), I are entitled to receive a copy of our credit agreement on request.

I enclose a payment of £1.00 which represents the fee payable under the Consumer Credit Act.

I understand a copy of my credit agreement should be supplied within 12 working days.

I 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.

I look forward to hearing from you.

Yours faithfully

crazyhaggid

Thanks for the reply I spoke to debtline about this one with regards to my Cabot debt as they continue to say that they can only produce a poor photocopy of the original CCA which is unreadable and they have no other obligation.

Debtline said that it would be up to a judge to decide if the debt was enforceable is cases like this. (is this correct under Scottish law?)

The ombudsman is handling the cabot case, but to honest I don't have much faith in them I used them years ago when I had a dispuit with a bank and even though I produced phone records backing up my version of events they had to 'go with the likely scenario' and ruled in the banks favour.

Even with my Cabot complaint I enclosed copies of all the letters Cabot sent me their last one actaually said 'this is our final reponse' and still the ombusnams said it appears that Cabot have not yet issued their final response!

10past6

crazyhaggid wrote: »

they continue to say that they can only produce a poor photocopy of the original CCA which is unreadable

Since when have they been appointed judge and jury, it's not for them to decide whether it's readable or not, they must comply with the act when requested, and produce your CCA.

crazyhaggid wrote: »

and they have no other obligation.!

They're fully aware of there obligations, sometimes though, they need a reminder :mad:

Request your CCA

10past6

I'm just thinking, have you requested your CCA for this account already?

crazyhaggid

I have already requested the CCA, after 84 days! a poor photocopy arrived, I used help from this forum to reject it. They say is thats all they go then thats all they can do. I have sent the complaint to the ombudsman who are still looking at it after they insisted Cabot had not made their final reply.

Could anyone point me to a downloadable version of the credit act, I've tried googling it but keep finding things referring to it but not the actual doc.

crazyhaggid

If they do take me to court, what should I do, it is my debt after all, should I deny all knowledge of it as they do not have a correct CCA? Or can they just not enforce it?

10past6

crazyhaggid wrote: »

I have already requested the CCA, after 84 days! a poor photocopy arrived, I used help from this forum to reject it. They say is thats all they go then thats all they can do

Right, now send this letter by recorded delivery:

Dear Sir/Madam,

FORMAL COMPLAINT A/c no. xxxx xxxx xxxx xxxx

Thank you for your letter of xx/xx/xx, the contents of which have been noted.

You have failed to respond to my legal request to supply me a true copy of the original Consumer Credit Agreement for the above account.

On the **DATE** I wrote to you requesting a copy of the credit agreement and other information under the Consumer Credit Act 1974 (Sections 77-79).

On **DATE** a member of your staff signed for delivery of my written request and I have an electronic proof of delivery showing their signature and the date.

To date you have failed to comply with these requests in any way, whether by confirmation of receipt of the request or by supplying the requested documents.

These documents I requested should be readily available as proof of your legal right to collect this account under the Consumer Credit Act 1974.

In my letter of the **DATE** I made a formal request for a copy of the signed, executed credit agreement for the above account under section 77(1) of the Consumer Credit Act 1974. In addition a full statement of this account should have been sent to me detailing all debits and credits to the account.

Furthermore, you are aware that the Consumer Credit Act allows 12 working days for a request for a true copy of a credit agreement to be carried out before you enter into a default situation.

This limit has expired.

As you are no doubt aware section 77(6) states:

If the creditor fails to comply with Subsection (1)

(a) He is not entitled, while the default continues, to enforce the agreement.

Therefore this account has become unenforceable at law.

You have failed to comply with a lawful request for a true, signed copy of the said agreement and other relevant documents mentioned in it, failed to send a full statement of the account and failed to provide any of the documentation requested.

Consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS.

Furthermore I shall counterclaim that any such action constitutes unlawful harassment.

Please note you may also consider this letter as a statutory notice under section 10 of the Data Protection Act to cease processing any data in relation to this account with immediate effect.

This means you must remove all information regarding this account from your own internal records and from my records with any credit reference agencies.

Should you refuse to comply, you must within 21 days provide me with a detailed breakdown of your reasoning behind continuing to process my data.

It is not sufficient to simply state that you have a ‘legal right’. You must outline your reasoning in this matter and state upon which legislation this reasoning depends.

Should you not respond within 14 days I expect that this means you agree to remove all such data.

Furthermore you should be aware that a creditor is not permitted to take any action against an account whilst it remains in dispute.

The lack of a credit agreement is a very clear dispute and as such the following applies.

* You may not demand any payment on the account, nor am I obliged to offer any payment to you.
* You may not add further interest or any charges to the account.
* You may not pass the account to a third party.
* You may not register any information in respect of the account with any credit reference agency.
* You may not issue a default notice related to the account.


I reserve the right to report your actions to any such regulatory authorities as I see fit.

You have 14 days from receiving this letter to contact me with your intentions to resolve this matter which is now a formal complaint.

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

This behavior constitutes harassment; the letters stated quite clearly to you that I require ALL communications in writing for future 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 would appreciate your due diligence in this matter.

I look forward to hearing from you in writing.

Yours faithfully

10past6

crazyhaggid wrote: »

If they do take me to court, what should I do

Start celebrating :j :rotfl: :rotfl:

They MUST produce a legal document clearly signed with the correct T&Cs enclosed, seems they can't do that, therefore, your debt is highly unenforceable.

Because they have failed to photocopy it correctly, or filed it incorrectly, that's not your concern, they are responsible for how they manage there records.

crazyhaggid

WOW! I think its too late to use that letter on Cabot as its with the ombudsman now but once DLC get back to me I'm going to send one their way

10past6

crazyhaggid wrote: »

I have sent the complaint to the ombudsman who are still looking at it

Your complaint to the Ombudsman is pointless at this stage, untill it can be proved the debt is enforceable, the onus is on them for that.