LCS Civil Enforcement, 1st Locate and Levi Black and Associates

ed_165

Hello I don't know if this is the correct place to commence this thread. I am here on behalf of my wife who is being chased for money on behalf of sky.

Thanks to the help from this forum I have drafted and sent two letters which are copied below. I was wondering what I should do next as I haven't heard from them since they emailed saying that they were getting the request I asked for:

"

Wif'es name

xxxxxx

xxxxxx

Company X
XXXXXXXX
XXXXXXXX

[THEIR REFERENCE]

[DATE]

Dear Sir/Madam

I have no record of this debt with your client Sky and therefore do not acknowledge liability for the same.

With reference to the above, I would be grateful if you would send a copy of this credit agreement, statement of account and notice of assignment.

I understand that under the Consumer Credit Act 1974 (Sections 77−79), I am entitled to receive a signed ‘true’ copy of the credit agreement on request. For this and this only, I enclose a postal order in payment of £1.00 which represents the fee payable under the Consumer Credit Act. This £1.00 is not to be used against the debt that you are seeking.

I understand a copy of the credit agreement should be supplied within 12 working days.

I understand that under the Consumer Credit Act, creditors are unable to enforce an agreement if they fail to comply with a request for a copy of the agreement under these sections of the Act.

I would ask that no further contact be made concerning the above account unless you can provide evidence as to my liability for the debt in question. This liability is strictly denied.

If I do not receive such a statement within the ‘prescribed period’[1]and you continue to contact me about this debt, without providing this information, then I will not delay in complaining to the Office of Fair Trading: a body with whom your client is bound to be regulated.

Finally, you mention that you may arrange to contact me at my home address. Should it become your intention to arrange such a “doorstep visit”, please be advised that under OFT rules, you can only visit me at my home if you make an appointment and I have no wish to make such an appointment with you.





(Continued...)

There is an implied licence under common law for people to be able to visit me on my property without express permission; such the postman and people asking for directions etc (Armstrong v Sheppard & Short Ltd [1959] 2 QB 384. per Lord Evershed M.R.). Therefore take note that I revoke this implied licence under common law for you, or your representatives, or any person appointed in this matter, to visit me at my property and, if you do so, you will be liable to damages for a tort of trespass (for which there is no requirement for any physical damage). Following such a tort, action will be taken, including but not limited to, police attendance.

I look forward to hearing from you.

Yours faithfully,

Name Printed
Enc:. Postal Order for £1.00 PO Number: XXXXXXXXXXX

[1]This phrase has the same meaning as defined in the Consumer Credit Act 1974

"


They came back advising that it was not their responsibility to attain the agreement and that it was my wife's duty.

I said:

Name

Address

xxxxxxx

xxxx

Company X
xxxxxx
xxxxxxx
xxxxxxx

[THEIR REFERENCE]

[DATE]

Dear Sir/Madam


I have no record of this debt with your client Sky and therefore do not acknowledge liability for the same

Thank you for your email of the xxxxxxx, the contents of which have been noted. If you are pursuing a debt which is unproven, it is inconceivable that you do not already have a copy of the credit agreement from your client, as you would require to this prove any court case. It is not my obligation to obtain any documentation from Sky, it is yours

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.

In the letter you received dated xxxxxxxxx, I made a formal request for a true signed agreement for the alleged account under consumer credit Act 1974 s77/8.

You have failed to comply with my request, and as such the account entered default on xxxxxxxxxxx.

The document that you are obliged to send, is a true copy of the executed agreement that contained all of the prescribed terms, all other required terms, statutory notices having been signed by both your client and the debtor. This is as defined in section 61(1) of CCA 1974 and subsequent Statutory Instruments. If the executed agreement contained any reference to any other document, you are also obliged to send the debtor 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 are aware that the Consumer Credit Act allows 12 working days for a request for a true copy of a credit agreement to be carried out before your client's account enters into a default situation.

This limit has expired.




Continued...

As you are no doubt aware sections 77/78 state:

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.

This is due to the fact that you have failed to comply with a lawful request for a true copy of the said agreement and other relevant documents mentioned in it. You have failed to send a full statement of the account and failed to provide any of the documentation requested.

You will also be aware of the CPUTR 2008 and the OFT's guidelines on debt collection which state under the title Deceptive and/or unfair methods - Examples of unfair practices are as follows - 2.8

(i) - 'Failing to investigate and/or provide details as appropriate, when a debt is queried or disputed, possibly resulting in debtors being wrongly pursued'

(k) - 'Not ceasing collection activity whilst investigating a reasonable queried or disputed debt'

Consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS.

Furthermore I shall counter-claim that any such action constitutes unlawful harassment.

I reserve the right to report your actions to any such regulatory authorities as I see fit.

You have 14 days from receiving this letter to contact me with your intentions to resolve this matter which is now a formal complaint.

I would appreciate your due diligence in this matter.

I look forward to hearing from you in the post. This is the only method of communication I will accept in relation to this matter. To any further emails you will receive no response.


Yours faithfully,


Name Printed


After this they just advised that they would attain the credit agreement.

What should I do next?

Thanks

DarkConvict

[STRIKE]If your going down the CCA route, it is explained here. http://forums.moneysavingexpert.com/showthread.html?t=2305463

After 14 days - http://forums.moneysavingexpert.com/showpost.html?p=30355889&postcount=3

After 14+30 days - http://forums.moneysavingexpert.com/showpost.html?p=30355901&postcount=4

CCAs have been ruled on by the courts now.

Only Pre april 2007 agreements are covered by CCA 1974, anything after this date is enforceable in court, under CCA 2006.

The debt does still exist, so even without a CCA they can still send demands for payment, add charges for non payment, issue negative information like missed payments and default notices on your credit file.[/STRIKE]

*Correction* This is for Sky TV, it is a service agreement not a credit agreement. Therefore the CCA Request process cannot be used as no Credit Agreement exists.

ed_165

thanks for your post.

You say that "if your going down the CCA route"... what other routes are there?

It was a pre-2007 agreement; we essentially want to know what the £120 is for.

Sky and the D/C have refused to comment on what the debt is, informing us to contact the other for further information.

This is quite out of the blue also, because my wife cancelled her sky subscription after the first year because she didn't use it, continued to live at her residence and didn't hear anything from them for several years.

She since moved to live with me recently and these letters have started arriving.

I wondered if you have come across similar situations with regards Sky and this amount of debt as we still have the sky box and wonder if it's the money for that they're after.

many many thanks

DarkConvict

Hi,

I have just reread your original post, i saw the CCA bit but not who the debt was for, if the debt is with Sky (TV), then this is a service agreement not a credit agreement, so there is no credit agreement thus your CCA Request will never be actioned.

All you can do is keep sending the prove it letters to the DCA.

Send a letter of complaint to Sky regarding the matter, you may find you get a better response from them, than the generic CS agent saying well the computer says you owe £xxx but it doesn't say why. Under OFT guidelines creditors should investigate disputed debts - http://www.oft.gov.uk/shared_oft/business_leaflets/consumer_credit/oft664.pdf

h. ignoring and/or disregarding claims that debts have been settled or are
disputed and continuing to make unjustified demands for payment

If neither sky or the debt collector tells you the reason for the debt even after issuing a complaint, start complaining to the OFT - http://www.oft.gov.uk/advice_and_resources/resource_base/legal/cca/debt-collection#named1

joey75

hi there, we are having similar problems with sky, we joined for a year and as a result got free instalation to the value of £120. towards the end of the year being up my hubby phoned to say that once our year was up we would like to end our subscription they told him to phone back on a certain date and request this which we did. next thing you know we are sent a bill for £120 for us ending our subscription 1 day before the contract ended this was in 2007 and we have phoned several times to ask how come when they were the ones who cut it off a day early we had no arrears and all bills where paid in full! and this morning we receive a debt collection letter from slr its a losing battle we are sick of it sky have said if we rejoin then they will waiver the £120!!!