Advice Requested re Letter from Howard Cohen & Co

UKNorthEast

Hi Everyone,

In January I recieved a letter from Lewis Debt Recovery regarding outstanding debts with Next. After this letter, I sent them a letter asking them to provide me with a copy of the signed CCA as per the Consumer Credit Act.

I heard nothing from them at all and yesterday I recieved a letter from Howard Cohen & Co Solicitors informing me that they have been instructed to prepare court papers for issue on non-payment.

Can someone advise me on what the next step should be? Should I write to Howard Cohen directly and inform them of the letter I sent Lewis Debt Recovery?

Any advice would be greatly appreciated!

RAS

Did you sedn the default letter to Lewis?

UKNorthEast

RAS wrote: »

Did you sedn the default letter to Lewis?

Which letter is the default letter?

If you mean my initial letter then yeah, that was sent direct to Lewis

RAS

This letter should be sent after 12 working days plus two days?

CCA request - After 12(+2) working days have passed:

Quote:
DEFAULT UNDER THE CONSUMER CREDIT ACT 1974
FAILURE TO PRODUCE AGREEMENT


Dear Sir/Madam


ACCOUNT NUMBER: *******************


I do not acknowledge any debt to your company.


I wrote to you by Special Delivery/Recorded Delivery ( Ref ******) on ***** 2007 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 *****, 2007.



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 *****, 2007. If the request is not satisfied after a further calendar month, your company commits an offence. Therefore on ********** 2007 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 expiring (****, 2007)


Data Protection Act (Data Protection Act 1998)

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,

10past6

Good advice RAS, but for the OP

RAS wrote: »

Yours faithfully,

Remember, PRINT ONLY - NEVER SIGN

fermi

This may at this stage be a more appropriate reply:

AS always, adapt it to your circumstances.

FORMAL NOTICE - ACCOUNT IN DISPUTE

Dear Sir or Madam,

Account number: XXXX XXXX XXXX XXXX

I must admit that I am rather bemused as to why this account has been passed to yourselves, as it is in dispute with the **original creditor/DCA** and has been since DATE.

Not only is this a breach of OFT collection guidelines, but also in breach of the Consumer Credit Act 1974 and Data Protection Act 1998.


As **original creditor/DCA** are now in default of my Consumer Credit Act request and OFT Debt Collection Guidelines, I consider this account to be in SERIOUS DISPUTE.

As you are aware while my Consumer Credit Act request remains in default enforcement action is NOT permitted, under s127 this constitutes a complete defence at law.

Consequentially any legal action you pursue will not only be fully and vigorously defended, it will ALSO be averred as both UNLAWFUL and VEXATIOUS.

Now I would respectfully suggest that this account is returned to the **original creditor/DCA** for resolution of these defaults and breaches, as **New DCA/Solicitors** cannot lawfully pursue any enforcement activities.

If **New DCA/Solicitors** chooses to ignore my dispute and attempt enforcement, I will initiate legal action and file reports with the appropriate authorities, including, but not limited to, Trading Standards, Office of Fair Trading, Information Commissioners Office, Financial Ombudsman Service and possible court action.

After taking advice, I am of the opinion that any continued pursuit is in violation of the Administration of Justice Act 1970 section 40 as well as breaching a number of the OFT Collection Guidelines

I hope that this will not be necessary and an acceptable solution can be accomplished.

I would appreciate your due diligence in this matter.

I look forward to hearing from you in writing.

Yours faithfully

HeatherPeters

Hi,
these letters all look great and legal but can you tell me where there is green print,
Now I would respectfully suggest that this account is returned to the **original creditor/DCA** for resolution of these defaults and breaches, as **New DCA/Solicitors** cannot lawfully pursue any enforcement activities.
do I leave this print in or change it...
Sorry to be a pain but I am a newbie

RAS

You change it to the name of the new DCA or the solicitors.

HeatherPeters

OOOO I see thank you, I am a so gratefull

fermi

RAS wrote: »

You change it to the name of the new DCA or the solicitors.

Exactly!

Bear in mind that this is just a 'template'.

Think about the wording and how it might apply to you or whoever is pursuing you. You may have to adjust it a bit.;)