Need Information Could someone Please Help!!!!

cross_lips

Thank you so much for that. yh you could kind of say I would rather they stayed away from our property. I sent the statute barred letter because the fact we cant be sure . What we are sure of we have heard nothing in the last 10 years. So would you advise that I resend the copy of the statute barred with this letter to keep them away from my house and a letter to say further harrassement will be dealt with.

cross_lips

It is very sad that people bully people like this and should not be allowed to get away with it. They actually say "as a consequence of your failure to contact us and agree a resolution to this long outstanding matter, we must advise you that we are left with no other option other than to proceed with a personal visitation by a debt investigation officer to your home address". This is a change from the previous letter threatening court.

RAS

cross_lips wrote: »

because the fact we cant be sure .

This does not make sense. what do you mean?

cross_lips wrote: »

What we are sure of we have heard nothing in the last 10 years.

OK, so you have not made any payment or written acknowledgement in more than 6 years, so it is statute barred unelss there is a CCJ.

Did you check to see if a CCj had been issued in the last 6 years?

defaulted

read my thread called DCA no CCA, it gets worse, but dont panic, dont sign like your already told, they cant come to your house without an appointment, dont talk on the phone ever! they will catch u out in the sense that they will trick u into ACKNOWLEDGING the debt

do not ACKNOWLEDGE this debt, they dont have a leg to stand on!!!!!!!!!!!!!!!!!!!!!!!!

send that CCA request that is very important for later trust me, after 14 days of them not be able to produce it u can send a letter kind of like what il put up in the next post for you..

there is a forum that will help u all the way to the end. its called the consumer forums/ debt action group

if u cant find it let me know....

defaulted

Dear chancer

Ref number:333333333333

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 22/04/10 I made a formal request for a true signed agreement for the alleged account under the Consumer Credit Act 1974 (s.77-s.79). A copy of which is enclosed for your perusal and ease of reference.

You have failed to comply with my request, and as such you are now in default and this account has become unenforceable. The document that you were obliged to send was 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 client 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 and as such, 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 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 counter-claim that any .such action constitutes unlawful harassment. 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

Any attempted argument regarding case law such as McGuffick v RBS will be dismissed as this particular case has no bearing on the legal reporting methods that a lender has with the CRA, namely adding derogatory data whilst an account is in dispute, this account clearly is disputed. 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.

Need I remind you 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.

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 sincerely

defaulted

if you had a ccj on ur credit report i think it would still be there after 6 yrs.....

Tixy

defaulted wrote: »

if you had a ccj on ur credit report i think it would still be there after 6 yrs.....

No, it will drop off the report after 6years whether it is settled or not.

Tixy

defaulted wrote: »

read my thread called DCA no CCA, it gets worse, but dont panic, dont sign like your already told, they cant come to your house without an appointment, dont talk on the phone ever! they will catch u out in the sense that they will trick u into ACKNOWLEDGING the debt

do not ACKNOWLEDGE this debt, they dont have a leg to stand on!!!!!!!!!!!!!!!!!!!!!!!!

send that CCA request that is very important for later trust me, after 14 days of them not be able to produce it u can send a letter kind of like what il put up in the next post for you..

there is a forum that will help u all the way to the end. its called the consumer forums/ debt action group

if u cant find it let me know....

This is not relevant. If the debt is statute barred then this 'trumps' whether there is or isn't an enforceable CCA in place. No need to be getting into these discussions with them if its statute barred, you tell them its SB and that you don't intend to pay and they have to stop chasing you. If they don't stop you send the third letter in this link http://forums.moneysavingexpert.com/showpost.php?p=11571227&postcount=3
If they still don't stop you report them to the ombudsman.

defaulted

nothing to worry about then... send that cca recorded delivery today i reckon cross lips

defaulted

I do not acknowledge ANY debt to your company. I require you to supply the following documentation before I will correspond further on this matter.

1. You must supply me with a true copy of the alleged agreement you refer to. This is my right under your obligation to supply a copy of the agreement under the legislation contained within s.78 (1) Consumer Credit Act 1974 (s.77 (1) for fixed sum credit) - your obligation also extends to providing a statement of account. I enclose a cheque made out for a £1 2. A signed true copy of the deed of assignment of the above referenced agreement that you allege exists.

3. You are notified that you are obliged to supply these documents, whether you are the original creditor or not under S189 of the CCA 1974.

Non-compliance with my request is a criminal offence under the above Act and will result in a report being submitted to the relevant statutory authorities.

As you are aware, a credit agreement that is not properly documented and signed by the customer is totally unenforceable under the CCA and therefore is a complete defense to any court claim that is issued.

Take note at this stage, that any legal action you may contemplate will be both vigorously defended and contested.