Prove It Letters - What Next?

Fergie76

I have recently sent 5 prove it letters:

One came back saying (ScotCall): No longer dealing with Account contact BWC Group PLC.

2nd: Buchanan, Clark and Wells - We do not hold copies of Credit Agreements, as we are not the Creditor. However, account is on hold, while we request copies of documents.

Last 3: Mackenzie Hall: We have contacted our Client for copy of Credit Agreement and Statement of Account. Account is on Hold. If Client doesn't provide proof within in 40 days they will return file to Client.

A week after sending one of the letters, Mackenzie Hall, sent another letter threatening Door Step collection on one of the Accounts, despite it being on hold.

What should I do, sit tight and wait for them to make the next move?

DarkConvict

Did you send prove it or CCA? I find it odd they are looking for credit agreements without you doing a CCA Request.

For the door step visit - http://forums.moneysavingexpert.com/showpost.html?p=23624477&postcount=4

Tag in the debt is already in dispute with yourselves and you should not be making any further contact until proof of the debt is obtained.

Fergie76

I sent them the template at this link: www. saiweb.co.uk/uncategorized/lowell-portfolio-1-ltd

I enclosed the £1 postal order on all 5 letters and all £5 were returned. What waste of money.

What's a CCA?

DarkConvict

This explains CCA's, these require a £1 postal order - http://forums.moneysavingexpert.com/showthread.html?t=2305463

Fergie76

Did you not read my last post apart from the last bit?

I have already sent £1 postal orders and they were all returned.

Fergie76

Bump.

Can anybody to tell me what's best to do next?

Thanks.

DarkConvict

I did, so if they were returned you likely did not do a CCA request.

In the meantime seen the letter from post #2, and await responses.

Fergie76

DarkConvict wrote: »

I did, so if they were returned you likely did not do a CCA request.

In the meantime seen the letter from post #2, and await responses.

This is a copy of the letter I sent:

To Whom It May Concern:
Your Reference: xxxx
I DO NOT ACKNOWLEDGE ANY DEBT TO YOUR COMPANY
With reference to the above account, I request that you send me a true copy of this credit agreement before I will correspond further on this matter.
This is my right under the legislation contained within section 77 (1) and section 78 (1) of the Consumer Credit Act 1974, and I am entitled to receive a copy of my credit agreement on request.
Your obligation also extends to providing me with a statement of account. I enclose a £1
postal order, which represents payment of the statutory fee payable under the Consumer Credit Act.
I understand that a copy of my credit agreement should be supplied within 12 working days from the date of this letter.
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.
Also, since you are a Debt Collection Agency, I would also ask that you supply a signed true copy of the executed deed of assignment for the above referenced agreement.
This is an obligation, whether you are the original creditor or not, under section 189 of the Consumer Credit Act 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.
In summary,
I DO NOT ACKNOWLEDGE THIS DEBT AND THEREFORE REQUIRE YOU TO SUBSTANTIATE THIS BY PROVIDING THE FOLLOWING DOCUMENTATION BEFORE I CORRESPOND FURTHER:
1.True copy of original credit agreement
2.Statement of account
3.Copy of the executed deed of assignment from (INSERT COMPANY NAME HERE )
4.Fair Processing Notice.
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 defence 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.
Further to the above, please ensure that any contact by yourselves is made in writing only to the above address. Telephone calls and personal visits will not be accepted and viewed as harassment.
As this account is now in dispute, I would also draw your attention to The Banking Code section 13.6:-
We may give information to the Credit Reference Agencies about personal debts you owe us if:
·The Amount Owed is Not in Dispute.
·The Office of Fair Trading provided a Code of Guidance that is in relation to Debt Collection: OFT 664 Response to consultation paper and final guidance on unfair business practices dated July 2003
Deceptive and/or Unfair Methods-
2.8 Examples of unfair practices are as follows:-
k. Not ceasing collection activity whilst investigating a reasonably queried or disputed debt.
If you continue in your pursuance of this account I will have no other alternative than to report you to both, The Information Commissioner and The Office of Fair Trading.
Furthermore, I shall submit a Consumer Credit Act 1974 complaint to the OFT upon the basis that you have failed to comply with the OFT’s direction of 5 April 2006 and are therefore not a ‘fit and proper person’ to hold a consumer credit license under the 1974 Act.
If you do not understand what this means then seek advice from your legal department.
I look forward to hearing from you within the statutory time limit.
Yours faithfully
<< YOUR NAME HERE >>

Does that not constitute a CCA request?

never-in-doubt

Fergie76 wrote: »

This is a copy of the letter I sent:

Does that not constitute a CCA request?

Send this with the same cheque/postal order - CCA Request

The above version is tried and trusted and works every time ;)


edited cos Niddy is wasted lol :beer::beer:

DarkConvict

Oh yes, definitely. CCA = Consumer Credit Agreement.

I request that you send me a true copy of this credit agreement

And as you can see from the above it is mentioned alot.

In which case i am puzzled why they would return the £1 postal orders.

Prove it letter is asking them to prove you are the debtor in question.

CCA is asking them to provide the CCA you agreed to, its dubious grounds whether asking for a CCA is potential admission of a debt as only the account holder can be given the CCA, due to data protection.

Templates we use
Prove Letter - http://forums.moneysavingexpert.com/showpost.php?p=11570893&postcount=2
CCA Request Step 1 - http://forums.moneysavingexpert.com/showpost.html?p=30355981&postcount=8

---

Heh, it appears me and NID disagree. NID (above) by the way is the expert on the CCA process.

never-in-doubt

DarkConvict wrote: »

Oh yes, definitely. CCA = Consumer Credit Agreement. And as you can see from the above it is mentioned alot.

In which case i am puzzled why they would return the £1 postal orders..

Come on mate - you know why really................. They have returned the cheque cos it is too complex for them to grasp :rotfl::rotfl:

remember we're speaking about a DCA - i.e. layman terms only :eek:

But seriously, they probably do not recognise the debtor so have bailed - i'd just resend again..... stick to the formats on my thread and you can't go wrong (as you know)..