Dont know what to do next! Help please!

mick_the_gas

Ok Thanks very much for your help on this, ill print it up and get it in the post today, sounds good!
Just to check, I do send this to cred sec with the £10?
If, as I think might be the case I hear nothing from them or they cant provide the information what do I do then?

10past6

mick_the_gas wrote: »

Just to check, I do send this to cred sec with the £10?

Yes, your SAR request should go to the OC (Original Creditor) if you don't know who it is, send it to those chasing you for the debt.

mick_the_gas wrote: »

If, as I think might be the case I hear nothing from them or they cant provide the information what do I do then?

After the 40 CALENDER days, come back and post here.

mick_the_gas

Ok just sent it of recorded delivery.
Thanks again for your help.
Cheers Mick

mick_the_gas

Hi, again! I allowed just over 40 working days, (should have been calander days, but they cant say they didnt have enough time!), for cedsec to get back to me with the documentation requested in my letter. Shortly after they received my letter and £10 postal order I received the following letter.

‘’We acknowledge receipt of your letter dated 28th April 2009 and postal order for the sum of £10.00 which has been forwarded for our clients attention.
We would refer you to our letter dated 4th April 2009, which is self-explanatory. Should your defaults in payments of the agreed terms and conditions continue, in the absence of any dispute we will have no alternative other than to assume you are deliberately attempting to avoid payment and will recommend to our client that upon providing you with the appropriate documentation, they should institute immediate legal proceedings for the full balance outstanding together with appropriate cost.’’

The letter they refer to (dated 4th April) was as a result of me sending the incorrect letter in the first place! It basically said that they noted my comments and had requested a copy of my credit agreement, but that it may not be available in view of the age of the debt. It also said that the account is not in dispute.

I have had no further correspondence from them.

I don’t know why they keep saying there client, as I have spoke to the original ‘client’ and they say it is nothing to do with them as they sold the debt on to cred sec.
Anyway can you tell me where to go from here?
Many thanks in advance

10past6

Hi Mick

I got your PM

mick_the_gas wrote: »

but that it may not be available in view of the age of the debt. It also said that the account is not in dispute.

Tuff on their part, they shouldn't have been so greedy in rushing to purchase the debt :rolleyes:

mick_the_gas wrote: »

Anyway can you tell me where to go from here?

Send them the following letter:

Account in Dispute

Ref: xxx

Dear Sir/Madam

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 **DATE** I made a formal request for a true signed agreement for the alleged account under consumer credit Act 1974 s77/8.

A copy of which is enclosed for your perusal and ease of reference.

You have failed to comply with my request, and as such the account entered default on **DATE**. (12+2 days after you sent the CCA request)

The document that you are obliged to send me is a true copy of the executed agreement that contained all of the prescribed terms, all other required terms and statutory notices and was signed by both your company and myself as defined in section 61(1) of CCA 74 and subsequent Statutory Instruments.

If the executed agreement contained any reference to any other document, you are also obliged to send me a copy of that document, 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 your client enters 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.

As 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. I therefore request a copy of your official complaints procedure which you are obliged to supply.

I would appreciate your due diligence in this matter.

I look forward to hearing from you in writing.

Yours faithfully,

PRINT YOUR NAME ONLY – DON’T SIGN

In relation to your SAR request, write to them heading your letter "Formal Complaint" give them 14 days to resolve your SAR request, if they fail, inform them you'll be reporting them to the ICO.

mick_the_gas

Thanks very much for that! Ill do the letter today and see what happens next.
Thanks Again!!
Mick

mick_the_gas

Hi once againe 28 days have passed and I have received another letter on the 30th day. It reads as follows
We write in reply to your letter dated 10th June 2009
We enclose a copy of our letters dated 4th April 2009 and 1st May 2009 from which you will be aware that our client has been unable to access a copy of your agreement in view of the age of the debt.
However, as previously advised no further enforcement action for the recovery of the debt will be taken until you have been provided with a copy agreement, but in the absence of any dispute, can only assume that you are deliberately attempting to avoid payment of the debt and our client may consider legal action for immediate payment of the full balance outstanding when the appropriate documentataion has been provided.

Yours sincerely...

So ther we have it! Only Im not sure what we have really!! What do you suggest?
Many Thanks in advance.
Mick

RAS

Hi

At least one DCA has recently been put on special measures by the OFT for pursuing disputed debts.

And an OP posted here today after the OFT confimred that pursuing a debt for which there is no CCA was against the rules.

So Start by reporting them to trading Standards and the OFT.

If they are stupid enough to try and take you to court, you have a full defence.

Forget about paying a settlement, they are now entitled to nothing.

10past6

mick_the_gas wrote: »

as previously advised no further enforcement action for the recovery of the debt will be taken until you have been provided with a copy agreement

Good! that's clear!!

mick_the_gas wrote: »

can only assume that you are deliberately attempting to avoid payment of the debt and our client may consider legal action for immediate payment of the full balance outstanding when the appropriate documentataion has been provided.

In the meantime, give them a wave as you pass them on the opposite carriageway whilst they start chasing someone else :rotfl:

mick_the_gas

Made me smile!:rotfl:So its unlikely that I will be hearing much more from them then? But I think there is little chance of them removing me from any lists that might be a mark against my name, is there any way of pushing this point or is it a matter of time?
Thanks, Mick