Unenforceability & Template Letters II

never-in-doubt

Pressers wrote: »

Help please! Truly amazing advice in this thread but as a newbie I'm a little confused.
We are currently being chased for CC debt by two companies - Mercers and Newman & Company. My question is - do we send the CCA request letter to the credit card companies or to Mercers and Newman? Or both?
Would really appreciate any help/advice as we are at the end of our tether with letters and phone calls - up to 15 per day!
Many thanks.

Ok, you would send the CCA Request (1. CCA Request) to the DCA (whoever own the debt) - so in your case you'd send them to: Mercers and Newman & Company, with a cheque for £1 made payable to Mercers and another payable to Newman & Company.

Regards to the phone calls, you need to send this letter (send recorded for proof of delivery) to whoever is calling you, i.e. the DCA.

Dear Sirs,

Account No: XXXXXXXX

I am writing in relation to the quantity and frequency of telephone calls that I have received from your company, which I deem to be personally harassing.

I have verbally requested that these stop, but I am still receiving calls and I now require all further correspondence from your company to be made in writing only. I am of the view that your continued harassment of me by telephone puts you in breach of Section 40 of the Administration of Justice Act 1970, and the Protection from Harassment Act 1997.

If you continue to harass me by telephone, you will also be in breach of the Communications Act (2003) s.127 and I will report you to OFCOM, Trading Standards and The Office of Fair Trading, meaning that you will be liable to a substantial fine.

Be advised that any further telephone calls from your company may be recorded and used in evidence and I expect this harassment to cease immediately.

Yours faithfully




Sign digitally

If it continues, after you've sent the letter and it's been signed for, follow the advice given here: Dealing with Bailiffs Harassment

never-in-doubt

Dojo_Jo_Jo wrote: »

Hi N.I.D,

Just received this from B'card. Had a quick look at the templates, not sure what to do next? They claim that they will not reply to any further letters without a legal case made. HELP

I can't read page 1 - too small....

Dojo_Jo_Jo

Are the other two pages ok? Assume you have a zoom facility when the site opens?

Sorry not used Photobucket before. Is there an email address you can pm me if you still can't read them and I can send you a PDF?

Ta

never-in-doubt

Dojo_Jo_Jo wrote: »

Are the other two pages ok? Assume you have a zoom facility when the site opens?

Sorry not used this before. Is there an email address you can pm me if you still can't read them and I can send you a PDF?

Ta

Hiya

Pages 2 & 3 let me zoom - not page 1.

PM sent to you...

never-in-doubt

Ok, their reply is the bog standard reply there are sending everyone.

It would be best to just ignore them assuming that letter was never received. It is not worth the paper it is written on..... however lets await the outcome of the 12 test cases; which should shed some light on this once and for all. Pointless arguing too much right now, hold fire a couple of weeks....

However, to clarify - they talk rubbish and although they can send a true copy, you cvan SAR them which should then contain a copy of the original which is all you really want (to check for compliance)......

Make sense?

Dojo_Jo_Jo

Ok Niddy,

Will sit tight.

Will diary forward a few weeks and will do the same if I get any similar replies from others I have written to.

Thanks for your continuing good advice.

Dojo_Jo_Jo

Oh Niddy, just thought, all the time the account is in dispute, they are not supposed to charge fees or interest. So do I not have to respond to keep the account in dispute?

Pressers

Thank you so much NID! It's amazing that there are so many people out there experiencing the same problems and even more astonishing that people like you are so willing to help total strangers. I really appreciate this especially as stress levels are reaching tsunami proportions! Thanks again. I will keep you posted.

never-in-doubt

Dojo_Jo_Jo wrote: »

Oh Niddy, just thought, all the time the account is in dispute, they are not supposed to charge fees or interest. So do I not have to respond to keep the account in dispute?

Well they have said they will not accept the dispute so you have to ignore them..... forget charges and interest - you'll never pay it will you?

never-in-doubt

Pressers wrote: »

Thank you so much NID! It's amazing that there are so many people out there experiencing the same problems and even more astonishing that people like you are so willing to help total strangers. I really appreciate this especially as stress levels are reaching tsunami proportions! Thanks again. I will keep you posted.

Good Luck - and whatever you do, stop worrying. No need. If they hassle you or do something you're unsure of, ask here and we'll help you the best we can.

Keep us posted please - the law is totally on your side here, if they harass you then follow the link to the Bailiffs thread - Dealing with Bailiffs Harassment -(it includes all aspects and the actual law - not the DCA's version of the law lol)....