Massive debts

gargrave50

A copy of my correspondence to AA VISA...............they had the cheek to quote the Consumer Credit Act 1974.....................so they got this!


Account Number 4560 XXXXXXXXXXXXXXXX
ACCOUNT IN DISPUTE SINCE 25th August 2009

Thank you for your letter of 26th September 2009, received 1st October 2009.

I note that you refer to the Consumer Credit Act 1974 and your obligation to provide notification that the full minimum monthly payment on the above account has not been made in 2 months.

You will be aware that YOUR obligations under the Consumer Credit Act 1974, require that you supply me with a true copy of the executed credit agreement upon request and payment of the required £1 fee. I paid this fee, and yet you have been unable to provide a copy of said executed agreement. As you have been unable to meet your obligations under the Consumer Credit Act 1974, I have the right to withhold payment until said agreement is produced. My request remains outstanding, as you have been unable to provide a true copy of the EXECUTED agreement, and have attempted to state that you have satisfied your obligations under the Act by providing a reconstituted version of my CURRENT agreement.

You had until 25th August 2009 to provide me with the true copy I requested. After that date you entered into default of my request. Whilst the account is in dispute, you are not permitted to ask for any payment, nor am I obliged to offer any payment to you. Furthermore, whilst the dispute remains, you are not entitled to charge any interest on the account, nor make any further charges to the account. As I have written to you previously to clarify this, you will be aware that this is the reason why payments are currently being withheld.

Additionally, you are not entitled to register any information from this account with any credit reference agencies (or any third party). To register information with a credit reference agency, you must have written consent from the data subject to collate and share such information. This consent is given in the form of a signed credit agreement, so until you produce such an agreement, you may not do this. The requirement for consent to share data is a clear requirement of the Data Protection Act 1998. Any such attempts to share my data without my consent will be met with a complaint to the Information Commissioners Office.
Therefore within 14 days from this letter, I request the following:

• You either provide a true copy of the allegedly executed Consumer Credit Agreement, or if you are unable to do that you write to me to confirm that you are unable to produce said agreement.
• You remove any detrimental information regarding this account from all credit reference agencies or third parties, unless you can provide a true copy of the executed consumer credit agreement within 14 days.
• You remove all charges and interest added to this account since the account was put into dispute on 25th August 2009.

If you are unable to fulfil these requests within 14 days, please write to me confirming this. It is my intention to pursue a complaint with the Financial Ombudsman, should you continue to demand payment, add interest and charges whilst the account remains in dispute. To conclude, I will making no further payments to you until you provide me with the document I have requested.

Lots of Luv


Mrs G

In the event that you are unable to provide a true copy of the EXECUTED consumer credit agreement in relation to this alleged debt, please confirm this in writing to me.

I would appreciate your due diligence in this matter.

gargrave50

gargrave50 wrote: »

Onwards and upwards - Barclaycard, [STRIKE]AA Visa[/STRIKE], Reliable Collections amongst many to letter still to conjure up!

One down - plenty to go:D

gargrave50

Ignore the bit at the bottom of the AA Visa letter - should have deleted this

gargrave50

Now for Barclaycard - they wrote to "accept" my reduced payment offer - no thanks you are of course in default Barclay smarclay..............

So here's what they got - and I'm about to head onto the FO website to lodge a complaint against these muppets

ACCOUNT IN DISPUTE
Account Number 5301 XXXXXXXXX
Thank you for your letter of 25th September 2009, received 1st October 2009.

The payment offer was originally made to Barclaycard on 1st July 2009, and I am disappointed that it has taken until now for Barclaycard to acknowledge the offer originally made. Despite taking the earliest opportunity to advise Barclaycard of our financial difficulties, there was no speedy response and the matter has remained unresolved.

The account has been in dispute since 20th August 2009, pending production of a true copy of the executed consumer credit agreement as required by the Consumer Credit Act 1974. To date, Barclaycard have been unable to produce said true copy of the executed agreement. As Barclaycard have been unable to fulfil their obligations under the Act (CCA, 1974), the account remains in dispute.

I note from your letter that this is your “final response” in the matter, and as my concerns remain unresolved I will proceed with a complaint to the Financial Ombudsman.

Yours sincerely,
WEE MRS G FROM GLASGOW (the one with the bursting file!)

gargrave50

Short and sweet, eh? I hope the FO socks it to these muppets because clearly they aren't quaking in their boots when I sock it to them :rotfl::rotfl::rotfl::rotfl:

gargrave50

Well just checked my Ebay items - only 4 without watchers - the rest seem to be conjuring up lots of interest so hopefully this will go some way towards rallying together my deposit!

gargrave50

Well I have decided I've done quite enough today, and plan to make a quick stuffing with leftover butter, garlic, onion, chives, cream cheese and smoked bacon - and then pop it in a chicken and forget about it in the oven for 2 hours. I'll use those 2 hours to buy some wine, grab a shower, get my pyjamas on and put my feet up!

Will keep you all up to date of my adventures over the weekend! xx Julie

Tixy

Today's letters are particularly inspired Gar :T
Its definately more fun when they try quoting the exact act of parliament they are in breach of:rolleyes:

jellymid

You are going great, Gargrave. Have been lurking on your thread - it's very inspirational. Good luck with the new job!

gargrave50

Tixy wrote: »

Today's letters are particularly inspired Gar :T
Its definately more fun when they try quoting the exact act of parliament they are in breach of:rolleyes:

Thanks Tixy - by posting them it gives me an online record of my "fight" in case I make a boo boo and lose all my files AGAIN!:rotfl::rotfl::rotfl::rotfl:

It also means that if anyone likes the way I have phrased my letters they are there for all to use bits from!

But yes - they did make me giggle - more so when HBOS sent me a similar letter for the VISA and AA VISA - this means they are actually using it as a standard letter so I wonder how many people have picked up on that point!:D