I have sent a CCA request and got another letter, what next?

astillacharm

I have a debt with fredrickson international ltd. it was an old catalougue debt.
anyhow i wrote to them over a month ago asking to reduce payments to £5 per month (was previously paying £10). Heard nothing till just over a week ago they sent a letter if payment is not received within 5 days we will take action. in that time i had already sent a £5 postal order. I decided to request a CCA i sent the £1 used a template letter from this site and sent letter recorded last Friday 15th may.
i have received letter today dated the 18th may saying "this debt must be paid in full to these offices within the next 7 days otherwise we will take immediate action, should it be necessary to issue proceedings in court further additional cost will be added to the balance"
from my understanding of requesting the CCA it puts a dispute on the account untill one is produced.
What do i do now?
thanks

gettingbetter

hi

you could try the acc dispute letter
am no expert they will be along soon

kas xx

FORMAL NOTICE - ACCOUNT IN DISPUTE.

Date:

Ref:

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. This was signed for as delivered on the **DATE**

You have failed to comply with my request, and as such the account entered default on **DATE**.

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.

As an agent acting on behalf of the original creditor you are obliged to obtain and supply these documents.

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 you/your client enters into a default situation.

This limit has expired.

As you are no doubt aware sections 77/78 state:

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 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.

You will also be aware of the CPUTR 2008 and the OFT's guidelines on debt collection which state under the title Deceptive and/or unfair methods - Examples of unfair practices are as follows - 2.8

(i) - 'Failing to investigate and/or provide details as appropriate, when a debt is queried or disputed, possibly resulting in debtors being wrongly pursued'

(k) - 'Not ceasing collection activity whilst investigating a reasonable queried or disputed debt'

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.

Furthermore you should be aware that a creditor is not permitted to take ANY Action against an account whilst it remains in dispute.

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 would appreciate your due diligence in this matter.

I look forward to hearing from you in writing.

Yours faithfully





dont sign your name just print it

russt2000

No ,you have only just sent the cca letter off ,they have 12 working days to repond to that request .
This letter was just another one of their threat templates and crossed in the post.
so wait till the time limit is up ,then send the letter in dispute