Template letter debt collector 12+2+30 day

guevara_2

fermi wrote: »

As a result of a recent legal ruling, they are entitled to keep any genuine default on file.

Sorry.

No but it isnt genuine, i have not been in the UK for over 7 years and the debt is not mine, why should i pay for a bill i did not run up. It was a next catalogue and i have never owned one. I told them this but they continued to send debt letters and i asked them for agreement and details but they send a blank agreement and with their reference number written on it. I have never defaulted on any debt and my credit file is great barring this debt from robinson way.

fermi

In that case, asking for the CCA may not be too useful.

You really need to just directly dispute that the account is yours and that they are recording false/inaccurate information on your credit reference files.

On how to complain, see page 19 onwards of the factsheet in this link.

http://www.ico.gov.uk/upload/documents/library/data_protection/practical_application/credit_explained_leaflet_2005.pdf

If you do that and they still don't remove the false entry, then you can put in a formal complaint to the Information Commissioner. They have the power to order the info/default removed.

loanatic

Hiya,

Here's my story.

I received a letter from Lowell at the end of July saying that they had bought my debt of £853 from Barclaycard and wanted me to repay them asap otherwise they would take any sort of legal action n bla bla bla…

Then from one of the forums I picked up the following letter and I sent it to them on 6th August 2010 (But not as registered post)

To Whom It May Concern:
Your Reference: xxxx
I DO NOT ACKNOWLEDGE ANY DEBT TO YOUR COMPANY
With reference to the above account, I request that you send me a true copy of this credit agreement before I will correspond further on this matter.
This is my right under the legislation contained within section 77 (1) and section 78 (1) of the Consumer Credit Act 1974, and I am entitled to receive a copy of my credit agreement on request.
Your obligation also extends to providing me with a statement of account. I enclose a £1
postal order, which represents payment of the statutory fee payable under the Consumer Credit Act.
I understand that a copy of my credit agreement should be supplied within 12 working days from the date of this letter.
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.
Also, since you are a Debt Collection Agency, I would also ask that you supply a signed true copy of the executed deed of assignment for the above referenced agreement.
This is an obligation, whether you are the original creditor or not, under section 189 of the Consumer Credit Act 1974.
Non-compliance with my request is a criminal offence under the above Act and will result in a report being submitted to the relevant statutory authorities.
In summary,
I DO NOT ACKNOWLEDGE THIS DEBT AND THEREFORE REQUIRE YOU TO SUBSTANTIATE THIS BY PROVIDING THE FOLLOWING DOCUMENTATION BEFORE I CORRESPOND FURTHER:
1.True copy of original credit agreement
2.Statement of account
3.Copy of the executed deed of assignment from (INSERT COMPANY NAME HERE )
4.Fair Processing Notice.
As you are aware, a credit agreement that is not properly documented and signed by the customer is totally unenforceable under the CCA and therefore is a complete defence to any court claim that is issued.
Take note at this stage, that any legal action you may contemplate will be both vigorously defended and contested.
Further to the above, please ensure that any contact by yourselves is made in writing only to the above address. Telephone calls and personal visits will not be accepted and viewed as harassment.
As this account is now in dispute, I would also draw your attention to The Banking Code section 13.6:-
We may give information to the Credit Reference Agencies about personal debts you owe us if:
·The Amount Owed is Not in Dispute.
·The Office of Fair Trading provided a Code of Guidance that is in relation to Debt Collection: OFT 664 Response to consultation paper and final guidance on unfair business practices dated July 2003
Deceptive and/or Unfair Methods-
2.8 Examples of unfair practices are as follows:-
k. Not ceasing collection activity whilst investigating a reasonably queried or disputed debt.
If you continue in your pursuance of this account I will have no other alternative than to report you to both, The Information Commissioner and The Office of Fair Trading.
Furthermore, I shall submit a Consumer Credit Act 1974 complaint to the OFT upon the basis that you have failed to comply with the OFT’s direction of 5 April 2006 and are therefore not a ‘fit and proper person’ to hold a consumer credit license under the 1974 Act.
If you do not understand what this means then seek advice from your legal department.
I look forward to hearing from you within the statutory time limit.
Yours faithfully


Then in reply to this letter they have sent me two letters saying that they have requested the sign agreementfrom Barclaycard and Barclaycard is still looking for it.

Now it is almost over a month now. Please suggest what should I do?

I have read on this forum about 12+2+30. Please tell me what letter should I send them now.

Regards,

Loanatic