Sub Prime Credit Thread Part III

Innocent_Guy

never-in-doubt wrote: »

I hope he hasn't sent it period - its not right arghhhhh

I think you should open one of these

"credit problems in the past" Come to NID's shop today and I will help you with the DPA & Appeals

noah271007

Sutton, is this the first letter you sent? I have emailed you the second letter which is much more effective and covered all important bits about default? Have you sent those off recorded delivery as your second letter?

sutton111

never-in-doubt wrote: »

ooops :eek:

Well what do I need to do then?

They have placed the accounts in dispute. I've paid both though.

Christ I'm even more confused than I was before.

sutton111

noah271007 wrote: »

Sutton, is this the first letter you sent? I have emailed you the second letter which is much more effective and covered all important bits about default? Have you sent those off recorded delivery as your second letter?

That is the letter you emailed me. I have a copy right infront of me.

Innocent_Guy

sutton111 wrote: »

Well what do I need to do then?

They have placed the accounts in dispute. I've paid both though.

Christ I'm even more confused than I was before.

Go to NID's shop!

never-in-doubt

noah271007 wrote: »

Sutton, is this the first letter you sent? I have emailed you the second letter which is much more effective and covered all important bits about default? Have you sent those off recorded delivery as your second letter?

Could you post your letter mate?

The point I'm making is that he's conflicting his request by asking to place in dispute and also unenforceable - it can only be placed in dispute. The unenforceable issue is separate and should not be confused with in dispute - they are two totally differing actions and must be right.... the letter sent is incorrect and I hope to god he hasn't posted it :eek:

never-in-doubt

Innocent_Guy wrote: »

Go to NID's shop!

bollox LOL

noah271007

sutton111 wrote: »

Well what do I need to do then?

They have placed the accounts in dispute. I've paid both though.

Christ I'm even more confused than I was before.

How many letters have you sent mate? just the once? Where is the second letter ive emailed to you? This is much better letter, covers all relevant points. NID, he's a top guy and im sure he will sort the muppets out!

sutton111

This is the 2nd one Noah emailed me.


Your address

Creditor address



Ref: (use this if they sent you a letter)

Dear Sir/Madam

Thank you for your letter of xx/xx/xx, the contents of which have been noted (if they have replied to your CCA request –if no, remove this)

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 1974 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, you 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 from the date of this letter 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,

xxxxxxxxxxxxx (print, don't sign)

never-in-doubt

sutton111 wrote: »

Well what do I need to do then?

They have placed the accounts in dispute. I've paid both though.

Christ I'm even more confused than I was before.

Mate, what have you done to date - give me a brief overview and i'll have a letter eady for you in a day or so..... just bullet point the key areas and be specific/honest! :beer:

If however Noah's letter suffices then i'd use that - if its what you posted here #1161 - then its not right mate.