Unenforceability & Template Letters III

never-in-doubt

jadex wrote: »

any comments on this ??

Like what? lol - it is true, the OFT guidance that was issued in january as a result of recent cases confirmed that "reasonable collection activity" can commence....

That is a known fact - isn't it?

But just cos they think they can chase us, it has to be in line with CCA and OFT Debt Collection procedure... we can cease collection activity whilst in dispute ok? Then, if they come back with the agreement or whatever we simply allow them to remove it from dispute and either pay the debt (if enforceable) or refuse to pay (if unenforceable) - BUT the lender/DCA can still legally chase an outstanding debt until you prove in court that it is unenforceable....

Clear?

never-in-doubt

razer12121 wrote: »

im still getting letters from NDR, there the same threating ones telling me how they have added £12 on and also that there going to take further action bla bla bla, anyway ive sent the letter of to them telling them about additions being in default...this was a while ago now! should i send anouther letter or just ignore them?

Just ignore them - they can charge you £12 a day til the cows come home, an unenforceable agreement does not get repaid so why worry?

No need to - just relax and take a siesta

Playboy999

whisp wrote: »

That's great news Playboy, well done

Hope you don't mind me asking, but was your account still in house or with a DCA? Had they already defaulted you - guessing not if they were still adding charges and interest? I'm doing a CCA request for my old Kays/Shop Direct account, hence being nosey

No, course i dont mind. My Account was still in house. They had been sending letters from NDR which are Littlewoods anyway.

never-in-doubt

scarednshakin wrote: »

Got a reply from BOS on Friday (see was good and did not panic) regarding my letter that you so kindly wrote post #594

The letter says 'Thank you for your letter concerning the above credit card agreement, which is goverened by both English Law and the Laws of Scotland and regulated by the CCA 1974.

For the avoidance of doubt, the CCA 1974 does not prohibit collection activity when an account is in dispute.'

What do I do now? Any help/advice as always greatfully received :D

Hiya,

Ok send this back to them.....

Dear Sirs,

Account No: XXXXXXXX

I refer to previous correspondence regarding the above numbered account, and your lack of diligence in dealing with my formal complaint.

This is now my last warning to you, I clearly explained in my last letter why the agreement you sent me was unenforceable, without going into the finer points again I demand you look into my accusation of fraud (tampering with and creating a false document purporting to be a document I had seen) and respond as appropriate.

For the avoidance of doubt, if you still refuse to accept that you are breaking the law and continue to haggle for a silly outcome that we both know is non existant, i'll have no alternative but to seek legal action against you.

I have sent you several letters to date - telling you this alleged account is unenforceable and until you can provide me an original photocopy of the alleged signed agreement, you can go and run and jump. I dispute the legality of the debt and until such time I see an original photocopy of the agreement I am in no position to make any offer of payment.

As you are no doubt aware, your continual harassment not only breaches the Consumer Credit Act (1974), but also the Data Protection Act (1998), the Consumer Protection From Unfair Trading Regulations (2008) and the Office Of Fair Trading's Debt Collection Guidelines. Being that you are now in default of my CCA Request and OFT Debt Collection Guidelines, I consider this account to be in serious dispute, especially due to the fact that whilst my CCA Request remains in default (outstanding), enforcement action is not permitted in line with s.127(3) of the CCA1974.

Consequently, any legal action you decide to pursue will not only be fully and vigorously defended, it will also be averred as both unlawful and vexatious. If you decide to ignore my dispute and attempt enforcement, of an unenforceable account, I will initiate legal action and file reports with the appropriate authorities including, but not limited to, Trading Standards, Office of Fair Trading, Information Commissioners Office, Financial Ombudsman Service and possible court action.

The CCA does not prohibit collection activity on a disputed account, you're right. But unfortunately for you, I understand the finer details of this act and several others and let me tell you now, if your continual harassment continues you'll soon see how the law backs me and not you, assuming you're brave enough to break even more laws in order to attempt to bluff me (yet again)?

Need I remind you of the Protection from Harassment Act 1997?

I await your prompt response with my questions answered, in full, giving clear accountability for your actions. A forgery is not a reconstituted agreement and your bully-boy tactics will not wash with me.

Yours faithfully



Sign digitally

never-in-doubt

scarednshakin wrote: »

Hi Niddy, hope you had a fab weekend and didn't do too many naughty things

Oh yea, I was extremely naughty hehe

Playboy999

never-in-doubt wrote: »

Well done mate - that's it. Finished.

The account is closed, you leave it at that! Job done. Forget it and move on :T :T

Thanks so much NID - you have been a great help. I would never have done this without you. :j

never-in-doubt

Playboy999 wrote: »

No, course i dont mind. My Account was still in house. They had been sending letters from NDR which are Littlewoods anyway.

Although in-house this is still classed as being with a DCA

monlou

Afternoon NID

Hope you are well

You gave me some help with my CCA request from Freemans (post number 2233). I have sent the step 4 CCA Dispute for the CCA. But I have not received it yet although I have received a statement from Freemans Stating my balance is now £0 the debt was passed over to Moorcroft who I sent the letter to but they have yet to reply to me or to confirm that my balance is £0
what would you advise I do now

Also Do you have the address for Barclaycard CCA Request?

Thanks

Monlou

nemoo

never-in-doubt wrote: »

The official address is:

Old Docks House,
90 Watery Lane,
Preston,
England.
PR2 1AU

If it came from there then it is correct mate.....

NCO address is:

NCO Europe Ltd
PO box 175
Preston
Lancashire
PR2 1GN

But I understand that NCO bought RMA...... may be wrong but can't find much about it!

just thought it might help.... the companies house webcheck lists the following history for NCO Europe

Previous Names:
Date of change - Previous Name
15/11/1995 - EXPERIENCE LIMITED
03/01/2006 - RISK MANAGEMENT ALTERNATIVES INTERNATIONAL LIMITED
28/02/2000 - UNITED CREDITORS' ALLIANCE INTERNATIONAL LIMITED
02/07/1996 - UNITED CREDITORS' ALLIANCE EUROPE LIMITED

never-in-doubt

monlou wrote: »

Afternoon NID

Hope you are well

You gave me some help with my CCA request from Freemans (post number 2233). I have sent the step 4 CCA Dispute for the CCA. But I have not received it yet although I have received a statement from Freemans Stating my balance is now £0 the debt was passed over to Moorcroft who I sent the letter to but they have yet to reply to me or to confirm that my balance is £0
what would you advise I do now

Also Do you have the address for Barclaycard CCA Request?

Thanks

Monlou

You should send the CCA Reminder to Freemans and the address for Barclays is below.

Barclaycard
Customer Relations Department
PO BOX 9131
51 Saffron Road
Leicester
LE18 9DE