CCA request responded to - Next Step Pls

RAS

Good letter. They are winging it.

Norfolk_Jim

Is the letter above sufficient without sending the 12+2 letter?

I'm thinking that the 12+2 letter should now be sent but as C1 have provided bumpf that they can send instead of what was asked for I'm struggling to find an example 12+2 letter that fits the bill.

Also C1 said this account in in default but no default letter has ever been recieved. Should that be addressed? Does it matter?

Norfolk_Jim

Merlinexcalibur wrote: »

Well, it probably won't. But, least you have a paper trail. Which is the important thing.

We have now had a snotty letter back from C1 re the harrassment complaint. They say they can phone as often as they jolly well like.
Can they? Does she really have to change her phone number to stop this.

RAS

Soory Jim I cannt read this at all (too smal and I cannot enlarge it). Can you type the section where they say they can phone?

They cannot by the way. Will be back.

RAS

Read this so you know which bits they have broken

http://www.oft.gov.uk/shared_oft/bus...dit/oft664.pdf


A list of good contacts to whom you can complain formally

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

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




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,

Norfolk_Jim

RAS wrote: »

Soory Jim I cannt read this at all (too smal and I cannot enlarge it). Can you type the section where they say they can phone?

They cannot by the way. Will be back.

It should click through to an image hosting site if you click on it and there you can enlarge the image twice. Not sure why its not working for you.

To quote the paragraph concerned, it states (word for word)

"To explain, you are being called you because you have become behind in your payments and your account is in arrears. It is important that you are informed about the status of your account. The calls will continue until a payment arrangement has been agreed with you. We do not feel this is unreasonable and I can assure you we are not in breach of the Administration of Justice Act."

Which is a bit off factually since they already said the account is in default. A payment had been agreed with Debitas. The Agreement was broken by the continued harrassment calls restarting after a few weeks with demands for more money, istant payment etc, often several times a day and even at my house where my friend obviously does not live. It was due to this that we decided to be difficult back to Capital 1 and CCA them.

The letter comes over as quite arrogant which I'm told is normal forv C1

RAS

OK

Managed to read it now.

Did they send this after defaulted on the CCA timelimit?

Norfolk_Jim

The Fermi Letter looks like a good framework on which to base our reply. C1 dont seem to know what they are doing as in one letter they say the account is in default (though no formal default notice has been recieved) and in this later one say the account is behind and in arrears - Is it in default or in arrears? Our position is that it is in dispute since no true copy of the CCA has been provided.
If they had provided a valid CCA the matter would be pretty much at a close and our only action would be to negotiate affordable payments or file for bankruptcy.
Except that it would frighten my friend very much, its almost tempting to invite them to take the matter to court and let the court decide - she has a pittance for an income and nothing in the way of assets - keeping her daughter fed and clothed is the main priority for her, and paying utilities. I really dont think they could do much to her.

Norfolk_Jim

RAS wrote: »

OK

Managed to read it now.

Did they send this after defaulted on the CCA timelimit?

The 12+2 letter was sent on 3rd Feb, and this letter was recieved on the 4th, so they've crossed over.

Although in C1's response to CCA request they say the account is in default, this appears to be incorrect, no default notice has been recieved.

RAS

Jim

it is not in dispute.

Once the 12+2 days is up it is unenforceable in law. They cannot make her bankrupt, take her to court for anything unless they produce that CCA (well they can but it would be struck out and costs awarded).