Unenforceability & Template Letters

captainhaggis

yello wrote: »

Hello,
Buchanan Clark & Wells have been chasing me for a £3507 debt which isn’t mine. I sent them the CCA request letter and they have returned my postal order and told me that they have closed the file at their office. However, they said that I would have to contact their clients (Aktiv Kapital) to request a copy of a CCA. I have been chased for this debt at a previous address by Thames Credit and I want to make sure it doesn’t just get passed to another debt collection agency. Even though the debt isn’t mine the letters are intimidating and worrying. What is the best next step that I can take? Should I send the CCA request to Aktiv Kapital? Would the letter be the same format as the standard CCA request?
Any advice really would be gratefully received.

Hi there. When was the last time you were contacted?

If you've not heard from Aktiv yet, I'd wait until you do. If you were recently contacted by C&W I'd send them the "Prove It" letter :

1 High Street,
Newtown,
Kent
R21 4RH
October 9, 2007

The Loan Company
Company House,
Church Street,
Newtown,
Kent,
R1 7HG

Dear Sir/Madam

Ref: xxxxxxxxxxx

I have been contacted regarding the account with the above reference number, which it is claim is owed by ourselves.

We would point out that we have no knowledge of any such debt being owed to The Loan Company.

We are familiar with the ‘Office of Fair Trading Debt Collection Guidance’ which states that it is unfair to send demands for payment to an individual when it is uncertain that they are the debtor in question.

We would also point out that the OFT say under the Guidance that it is unfair to pursue third parties for payment when they are not liable. In not ceasing collection activity whilst investigating a reasonably queried or disputed debt you are using deceptive/and or unfair methods.

Furthermore, ignoring and/or disregarding claims that debts have been settled or are disputed and continuing to make unjustified demands for payment amounts to physical/psychological harassment.

We would ask that no further contact be made concerning the above accounts unless you can provide evidence as to our liability for the debt in question.

We await your written confirmation that this matter is now closed. Otherwise we will have no option but to make a complaint to the trading standards department and consider informing the OFT of your actions.

We look forward to your reply.

Yours faithfully





Mrs A N Other

Then, when you do hear from Aktiv or another agent acting on their behalf, send the same letter. The onus is on them to prove that the debt is yours.

debt_obsessed

Thanks captain haggis, letters being prepared now!

captainhaggis

Gonna be difficult to tell from that. Can't you scan what they sent you?

NID et al will be better placed to advise on this but it looks OK to me so unless they have :

a) forgotten to put your name and address on the AGREEMENT (not an attached application form) or
b) forgotten to sign the agreement - it must be signed by someone from the creditor, as well as by yourself

it will probably stand

cejsmith

Here is another one I recived over the weekend for credit solutions that are working for Bcard. How many collection agencies do they need, Mercers,RMA,credit solutions, Calders!!!!

What are your thoughts


CSL Ref:
zs" October 2009


Credit Solutions Limited
Capella Court, Brighton Road
Purley, Surrey CR8 2PG
Tel: 0870 3000 599
Fax: 0870 3000 589
Email: [EMAIL="info@creditsolutions.co.uk"]info@creditsolutions.co.uk[/EMAIL]
www.creditsolutions.co.uk
Re: Barclaycard:









FS 23633


Thank you for your letter dated ze" October 2009, which has been passed to me for
response.
Credit Solutions Ltd is a 3rd party company, who has been instruction by our client
(8arclaycard) to collect the outstanding balance of £ owed on the above account.
This account has not been sold to us nor do we have any written agreement with him. We
simply act on our clients (barclaycard) instructions. Therefore we would be unable to provide
a Deed of Assignment as we do not legally own this debt. Should you wish to receive this you
will need to contact our client (8arclaycard) directly.
I can confirm that your telephone number has now been removed from our system and further
correspondence will be via writing going forward, as per your request.
Credit Solutions Ltd offers a door step collection service whereby field agents visit a property
to discuss repayment of an outstanding amount. This is simply another option available to
our customers to assist them in repaying their debts. In relation to field visits in subsection
2.12 of Office of Fair Tradings' guidelines doorstep visits must give adequate notice of the
time and date of visit. The Armstrong v Sheppard (1959) case you quoted is dependant on
each individual circumstance and only such order to refuse access can come from a Court
and not from the individual.
In your letter you also state that your account with our client is currently in dispute as they
have failed to comply with your request under the Consumer Credit Act 1974.
In order for us to raise your dispute with our client we require more information regarding your
request.
We need to clarify the following:-
-/ Whether you have or have NOT received any documentation from the client since
your request was sent
-/ Whether your have paid the statue fee of £1.00 (your request would not have been
processed if this fee was not paid)
If you have received a copy of your Terms & Conditions since sending your request to our
client, then please note sending this documentation fulfills our client's obligation to provide
you with copy of agreements/applications under the Consumer Credit Act 1974.
Continues ...
Credit Solutions Limited Registered in England No. 2520932


L""VESTOR IN PEOPLE






(:0~~
o~
S
I can confirm that the Consumer Credit Act states that a copy contract can exclude certain
features i.e. a signatory box see below.

'You do not have to provide an exact copy of the credit agreement to satisfy section 77(1).
You are allowed to leave out certain details. Regulation 3 of the Consumer Credit
(Cancellation Notices and Copies of Documents) Regulations 1983 sets our rules about what
constitutes a "true copy" of an executed agreement. There are two types of information that
you are allowed to omit from the true copy. First, you can omit any information that is not
required to be provided under the CCA or any of the CCA Regulations which relate to the
customer and which are included for your use. This would include things such as detaJ1s of
the customers' occupation, direct debit or bank details and details about income. Secondly
and most significantly, you can omit any signature box, signature or date of signature.
Therefore if you can "construct" the rest of the information and provide this to the customer
you will have complied with section 77(1). This omission is expressly permitted by these
regulations. '

If you have not received any documentation from our client, then please let us know by io"
November 2009 and we will raise your dispute with our client. In the meantime your account
will be placed on hold with Credit Solutions Limited. However, if we do not receive a response
from you within the timeframe specified above, your account will be taken off hold and
collection activity will continue.

captainhaggis

Hi again, from the info you've posted it looks like you're scanning and using text recognition; you must, therefore, have access to a scanner (there are a few tell-tale signs). So can you please scan the whole document as an image, host it at http://www.photobucket.com and post the link on here?

Remember to black-out any personal data.

cejsmith

Here are the scans I hope!!!

cejsmith

try again , I will get the hang of this:mad:

http://s874.photobucket.com/albums/ab302/cejsmith/

captainhaggis

cejsmith wrote: »

try again , I will get the hang of this:mad:

http://s874.photobucket.com/albums/ab302/cejsmith/

Good job mate!

I'm no expert but I think I'm learning from NID et al every day, but from the looks of things that'd be no good.... There doesn't appear to be any space for your address and name on there, nor does there appear to be space for the creditor to have signed the agreement. It looks like a one page document missing those pieces of information.

I'll let NID give you more info about this - don't do anything until you've heard from him or someone else more in the know.

Goodtimesahead

Sorry to butt in here but can NID/etc help on this question?

I foolishly made a partial offer to settle a debt back in 2007 with 1st Credit Ltd. It shows on my CRA files a current balance as satisfied but a default balance of £2650. Id didn't realise until recently there is a default showing still. 1st Credit who are showing as the owner of the data refuse to remove it, saying I admitted the debt via settlement and it shows a true refelction of events etc.

I had little knowledge of these matters back in 2007 and was being pressurised into making a settlement via a string of threatening letters from 1st Credit Ltd etc (I know better now but not back then!)

I recall the original creditor was Goldfish (Now, I understand owned by Barclays PLC)

What can I do here, as I really want to get this default or entry removed from my file. Can I send Barclays a CCA or SAR indeed any other communication? Am I still able to do this even though I foolishly made a partial settlement back in 2007? 1st Credit Ltd I guess may think I'll come back to them to try and make a better settlement for them to agree to remove their data?

I don't know if there was any deed of assignment between Barclays PLC and 1st Credit Ltd, I guess Barclays having taken over Goldfish may even not be able to find the original data?

What are my options and chances please? Thank you

never-in-doubt

cejsmith wrote: »

try again , I will get the hang of this:mad:

http://s874.photobucket.com/albums/ab302/cejsmith/

Mate do us a favour and go back to the following posts and delete them cos its way too confusing (click edit then advanced and delete)....

#652 & #654 & #658

Cheers.

Regards to the agreement, it looks enforceable to me...... :mad: