Unenforceability & Template Letters II

scarednshakin

Hi NID, just wondered if I leave Capone after they sent out that letter, post #480, and wait and see what they do? Thanks

daz10277

Hi NID (or anyone who may know the answer!)

Last week I sent off the CCA query letter to my DCA as you kindly had a look at the CCA and was of the opinion that the CCA they produced had errors and did not comply with the prescribed terms. They are now phoning me constantly for payment, despite the letter and my request for them not to contact me by phone.

I thought that as the account is in dispute they weren't allowed to continue pursuing me for collection?

Should I complain they are ignoring my request to contact me in writing only and if so to whom?

Many thanks

never-in-doubt

Go_on_martin_lewis wrote: »

Hello everybody,

I am about to start writting letter 1 to Barclays, for my dad's master and visacard! If anyone else is on the same boat please inbox me! We can see how each others doing and what barclays says to each of us!

first question: does anyone know which barclay address to send the letter to??? Thanks!!

Barclays will send the bog standard letter to you, as previous pages in this thread will show you.... Please try and let people post them on here for all to see and not stick to PM's - if that's what you want please start your own thread as on here we like to share things with everyone cos it could help them!

never-in-doubt

putty71 wrote: »

Slightly worried now as PPI claim is being looked at by them, but CCA letter with them too. They have acknowledged PPI claim and quoted 40 days. My understanding is though, that any refund for this PPI would be offset against the account rather than a refund, unless of course it outweighs the outsatnding balance in which case I would close account and get balance refunded

Don't worry about anything, you're right the refund will be offset against the debt but just sit tight and see what happens with this before pushing CCA. If they are in default etc of the CCA then ignore it for the time being until the PPI is sorted.....

never-in-doubt

scarednshakin wrote: »

Hi NID, just wondered if I leave Capone after they sent out that letter, post #480, and wait and see what they do? Thanks

Yes mate you ignore them now. If they write back let us know what they say and we'll sort it.... ideally we want to sit tight until january and see what happens with the test case judgement

never-in-doubt

daz10277 wrote: »

Hi NID (or anyone who may know the answer!)

Last week I sent off the CCA query letter to my DCA as you kindly had a look at the CCA and was of the opinion that the CCA they produced had errors and did not comply with the prescribed terms. They are now phoning me constantly for payment, despite the letter and my request for them not to contact me by phone.

I thought that as the account is in dispute they weren't allowed to continue pursuing me for collection?

Should I complain they are ignoring my request to contact me in writing only and if so to whom?

Many thanks

Hiya - stop worrying. It may be worth changing your number or paying BT to block the number (its only £1 per month or something to block witheld numbers)....

In any case, send the DCA the following letter:

Dear Sirs,

Account No: XXXXXXXX

You have contacted me regarding the account with the above reference number, which you claim is owed. I would like to point out that I am in the process of of questioning the validity of the agreement, a CCA Request was sent to you on XX Month 2009.

In light of my not receiving a lawful Consumer Credit Agreement or Notice of Assignment paperwork, this account remains in dispute and unenforceable. Until such time you follow proper process and arrange for a lawful copy of my original agreement and Assignment documents to be sent to me, the account will remain in dispute and will most definitely remain unenforceable in line with s.127 CCA(1974).

Need I remind you that engaging in any collection activity is a serious breach of OFT rules and will not be tolerated? Their guidance clearly states that it is unfair to send demands for payment to an individual when it is uncertain that they are the debtor in question. They also state 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 unfair methods. Similarly, disregarding claims that debts have been settled or are disputed and continuing to make unjustified demands for payment, amounts to physical and psychological harassment.

In light of the above, I formally request that no further contact be made concerning the above accounts unless you can provide evidence as to my liability for the debt in question, in particular a lawful copy of the original agreement and all Notice of Assignment paperwork (which should have been sent whenever you took over the management of the alleged account).

On a separate issue, the quantity and frequency of telephone calls that I have received from your company are deemed 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.

I await your written confirmation that this matter is now closed, within the next 14 days.

Yours faithfully




Sign digitally

daz10277

Hiya NID

I know I shouldn't worry so much, easier said than done sometimes!

Their number always comes up withheld so I don't think I can't ban it.

Thanks for the letter although I sent the CCA request query letter to the DCA not the OC (HBOS). Should I send it to them instead?

Cheers

never-in-doubt

daz10277 wrote: »

Hiya NID

I know I shouldn't worry so much, easier said than done sometimes!

Their number always comes up withheld so I don't think I can't ban it.

Thanks for the letter although I sent the CCA request query letter to the DCA not the OC (HBOS). Should I send it to them instead?

Cheers

You sent the CCA letter to the DCA?

Ok, hold fire - i'll amend letter matey - give it 5 mins and refresh the page - letter will be changed

Regards to blocking the number, do you use BT? If so, then simply ask them to block all witheld numbers - this means if anyone wants to speak to you they must dial from a number that is recognised - this cuts out DCA calls and sales calls. I live by it.....

Only downside, I work in an office and press 9 to get outside line (0 is reception) in which case I cannot ring my landline, but hey - I simply ring a mobile instead.

never-in-doubt

Letter updated - just change the date (in red) to the actual date you originally sent the CCA Request off (i.e. the date of the letter). Notice I added a bit at the bottom about telephone calls? That should solve that issue as well matey.

daz10277

never-in-doubt wrote: »

Letter updated - just change the date (in red) to the actual date you originally sent the CCA Request off (i.e. the date of the letter). Notice I added a bit at the bottom about telephone calls? That should solve that issue as well matey.

Hiya NID

Thanks for this, I will send it off tomorrow and speak to BT about the calls.

Your help is really appreciated mate.

Think I'll stop thinking about money problems for now, try and sneak out to the local soon and hope the ball and chain doesn't realise I'm gone....If I make it, I'll have one for you