Unenforceability & Template Letters II

never-in-doubt

Lloyds_Dad wrote: »

Good evening all CCA request 12 + 2 days have now gone with MBNA without any acknowledgment but I didnt pay the £ 1.00.

Do you think this will eventually come back to bit me in the backside and therefore should I resend my letter with a new date and the £ 1.00 fee

Hiya,

of course you need to send £1 - why didn't you? But yes, send it again with £1 this time and they should respond.

See here: 1. CCA Request

Lloyds_Dad

never-in-doubt wrote: »

Hiya,

of course you need to send £1 - why didn't you? But yes, send it again with £1 this time and they should respond.

See here: 1. CCA Request

Many thanks no idea why the £ 1.00 didnt go it did with the others will send the fee and the letter tomorrow recorded delivery and start again

never-in-doubt

Wispa1 wrote: »

Hi - I need some advice in relation to "crappy one" please. On the 18th November I sent letter 1 requesting CCA to Capquest DCA. They responded on 20th saying the account is on hold for 28 days (until 18th December) while they obtain the information required. On the 27th capquest then sent a copy of a signed application form which literally has a name, address and signature from both parties with nothing else, ie no prescribed terms etc. I cancelled my dd as payment was due out on the 30th. On 1/12/09 "Crappy One" sent me a generic "terms of your agreement" with no signatures etc & could relate to anyones ac. I then sent the dispute letter to capquest dated 4/12/09 saying the ac was now in dispute as they had not responded to my request. I have just received a sols letter acting on behalf of Capquest for my payment of £30 which I did not make as I cancelled the dd & they want payment by 12/12/09.

I am not sure of what to say & to whom now as there are 3 parties involved. Please help & many thanks.

Hiya,

Ok you send the following letter to the solicitor first of all. You also send a copy of the CapQuest letter, found below this one....

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 this account is in severe dispute with the DCA, CapQuest.

As CapQuest have failed to comply with a lawful request for a true, signed copy of the consumer credit 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, any legal action you pursue will be averred as both unlawful & vexatious. Furthermore I shall counterclaim that any such action constitutes unlawful harassment.

The ‘Office of Fair Trading Debt Collection Guidance’ 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.

Ignoring and 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 account and suggest you speak to CapQuest. A copy of my letter to them is attached for your perusal.

I await your written confirmation that this matter is now closed, and returned to the rightful owner (CapQuest), within the next 14 days.

Yours faithfully




Sign digitally

I assume the above is self explanitory - you should also print a copy of the letter below (to CapQuest) and send it to the lawyers, with the letter above.

Make sense?

Right, as for CapQuest - you should send them the following letter with a copy of the letter above, to the lawyer (so in essence both know what you said to the other!). You need to amend the red bits below...

Dear Sirs,

Account No: XXXXXXXX

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 the Consumer Credit Act 1974 (s.77/s.78).

As you have failed to comply with my request, the account is now defaulted by you. Therefore I was rather bemused to receive a letter from XXXXX solicitors, demanding full repayment, I assume you do not need me to remind you that it is unlawful to pursue a debt that is being disputed?

The document that you are obliged to send me is a true copy of the executed agreement that contains the prescribed terms, all other required terms and statutory notices and was signed by both your company and myself as defined in s.61(1) of the CCA(1974) 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.

Furthermore; you should be aware that the Consumer Credit Act allows 12 (+2) days for a request for a true copy of a credit agreement to be carried out before your client enters into a default situation. This limit has expired; as you are no doubt aware s.77(6) states:

"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, signed 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, any legal action you pursue will be averred as both unlawful & vexatious. Furthermore I shall counterclaim that any such action constitutes unlawful harassment.

Please note you may also consider this letter as a statutory notice under s.10 of the Data Protection Act (1998) to cease processing any data in relation to this account with immediate effect. This means you must remove all information regarding this account from your own internal records and from my records with any credit reference agencies.

Should you refuse to comply, you must within 30 days provide me with a detailed breakdown of your reasoning behind continuing to process my data. It is not sufficient to simply state that you have a ‘legal right’; You must outline your reasoning in this matter and state upon which legislation this reasoning depends. Should you not respond within 30 days I expect that this means you agree to remove all such data.

Furthermore you should be aware that a creditor is not permitted to take ANY action against an account whilst it remains in dispute. The lack of a credit agreement is a very clear dispute and as such the following applies.

* You may not demand any payment on the account, nor am I obliged to offer any payment to you.
* You may not add further interest or any charges to the account.
* You may not pass the account to a third party.
* You may not register any information in respect of the account with any credit reference agency.
* You may not issue a default notice related to the account.

I reserve the right to report your actions to any such regulatory authorities as I see fit. You have 30 days from receiving this letter to contact me with your intentions to resolve this matter which is now a formal complaint. I therefore request a copy of your official complaints procedure which you are obliged to supply.

I would appreciate your due diligence in this matter and look forward to hearing from you, in writing within 30 days.

Yours faithfully

Sign digitally

Kudox

Kudox wrote: »

Thing is I know I should've stopped paying months ago I just need a kick up the **** to actually do it:rolleyes:
Ok so I'll get my credit files and see what they say, how would that affect the issue if there was no default

Hi again with regards My Marbles(Halifax) account that I've recieved a letter from 1st credit about I have checked my credit files and don't think Halifax have issued a default, it's showing on the status as "query", does that refer to me asking for the CCA? Also it's showing as still being with Halifax no mention of 1st credit at all.
So question is do I just stop paying and ignore 1st credit altogether?

never-in-doubt

Kudox wrote: »

Hi again with regards My Marbles(Halifax) account that I've recieved a letter from 1st credit about I have checked my credit files and don't think Halifax have issued a default, it's showing on the status as "query", does that refer to me asking for the CCA? Also it's showing as still being with Halifax no mention of 1st credit at all.
So question is do I just stop paying and ignore 1st credit altogether?

exactly mate

Kudox

never-in-doubt wrote: »

exactly mate

Hi N-I-D, Sorry if I'm being a bit thick here but is it a good thing that there's been no default added?

never-in-doubt

Kudox wrote: »

Hi N-I-D, Sorry if I'm being a bit thick here but is it a good thing that there's been no default added?

yes thus its best to ignore them lol

If you write to them, they may add a default! But even so, they will add one at some point, they usually do :mad:

terimon

Hello NID

Another silly question from me

What should my parents say when anybody calls about the debt. They currently just say i am out ant tell them to ring my mobile.

Shall i tell them to say something different.

Would it be worth investing in Truecall?

thanks again

never-in-doubt

terimon wrote: »

Hello NID

Another silly question from me

What should my parents say when anybody calls about the debt. They currently just say i am out ant tell them to ring my mobile.

Shall i tell them to say something different.

Would it be worth investing in Truecall?

thanks again

Mate come on, lol..... be serious! They tell them to !!!!!! off and hang up!

The best option is to pay BT pennies a month to block restricted numbers (i.e. witheld numbers).... most DCA's don't give their direct dial out so they will not be able to get through,. :rolleyes:

Kudox

never-in-doubt wrote: »

yes thus its best to ignore them lol

If you write to them, they may add a default! But even so, they will add one at some point, they usually do :mad:

Ok, think I'm just having a blonde moment.:rotfl:
Thanks again I'm just a bit nervous about taking the final step and stopping paying so want to check everything first.
Decision making has never been my strong point :rolleyes:
Cheers:beer: