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Reliable Collections HELP PLEASE
freyjavous
Posts: 9 Forumite
can someone advise please
received this from reliable collections....can anyone advise????
Dear Miss Smith
Thank you for your recent letter which we received on 1st June 2010, the contents of which we note.
This account was originally opened as a personal credit account on 11th April 2008 and was payable on a 28 day basis. Credit charges were applicable at the rate of 2.26 pence in the pound, (equal to 39.9% APR variable) every 28 days.
Since the account was opened 8 payments have been made to Viva La Diva to the date of re-assignment totaling £331
.16.
Please find enclosed a "True Copy" of your credit agreement, along with the current terms and conditions applicable to your account, to which you have agreed.
We have also enclosed an itemised breakdown of the account dating back to April 2008 when the account was opened.
When responding to a section 78 request, a lender does not have to provide a photocopy or other literal copy of the executed agreement nor provide a copy bearing or some other proof of the customer actual signature.
I also note that you have attached copies of previous letters that you advise were sent to us to advise a change of address. We have no record of receiving a notice or change of address, therefore, we continued in our duty to send out statements to the address that we had on file for you.
You have confirmed that you were fully aware that monies were still owed to Viva La Diva and we received no contact from you to advise that you were not in receipt of your statements. We remain of the opinion that it was your responsibility to ensure that payment reached the account using an alternative method.
Our records show that we received a payment of £510.00 by debit/credit card on the 24th May 2010, in full and final settlement of this account.
A letter of No Further Action was sent the The BCW Group to request that they cease all collections activity on this account. At this point a Notice of Correction was sent to Experian UK to record the account as settles on your credit file.
There is no legal requirement to provide you with a copy of the deed of any assignment. A notice from the assignee, The BCW Group, is sufficient under the Law of Property Act 1925 to require you to pay the assignee. This will not carry your signature, as debts are freely assignable without this.
As previously explained, this is not the same !!! issuing a default notice as defined under sections 88 of the Consumer Credit Act 1974. Any defaults, which we file with credit reference agencies, are filed in accordance with guidance issued by the Information Commissioner's Office. The term 'default' on credit reference files is used to refer to the situation when the relationship between lender and borrower has broken down.
We owe a duty to other credit lenders to ensure that the information lodged with the credit reference agencies provides a reliable reflection of an individuals credit standing and your request to have this information removed is therefore denied.
We trust that this clarifies our position.
Yours sincerely,
this was their reply to the below letter
ACCOUNT IN DISPUTE
Date:
Ref:
Dear Sir/Madam
Thank you for your letter of xx/xx/xx, the contents of which have been noted.
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 consumer credit Act 1974 s77/8. This was signed for as delivered on the **DATE**
You have failed to comply with my request, and as such the account entered default on **DATE** (12+2 days after you made the initial request).
The document that you are obliged to send me is a true copy of the executed agreement that contained all of the prescribed terms, all other required terms and statutory notices and was signed by both your company and myself as defined in section 61(1) of CCA 74 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 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 you/your client enters into a default situation.
This limit has expired.
As you are no doubt aware section 78(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. 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 counterclaim that any such action constitutes unlawful harassment.
Please note you may also consider this letter as a statutory notice under section 10 of the Data Protection Act 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 21 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 14 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 14 days from receiving this letter to contact me with your intentions to resolve this matter which is now a formal complaint.
If it is your view that you are not the creditor, s.175 of the CCA 1974 applies in the case of a simple assignment, and places a duty upon you to pass this request to the creditor. In the case of an absolute assignment, you are a creditor as defined by s.189. If you contend that you purchased the rights but not the duties of any agreement, you are reminded that s.189 of the Act is clear that an assignment is of both rights and duties.
I would appreciate your due diligence in this matter.
I look forward to hearing from you in writing.
Yours faithfully
( filled in appropriately)
received this from reliable collections....can anyone advise????
Dear Miss Smith
Thank you for your recent letter which we received on 1st June 2010, the contents of which we note.
This account was originally opened as a personal credit account on 11th April 2008 and was payable on a 28 day basis. Credit charges were applicable at the rate of 2.26 pence in the pound, (equal to 39.9% APR variable) every 28 days.
Since the account was opened 8 payments have been made to Viva La Diva to the date of re-assignment totaling £331
.16.
Please find enclosed a "True Copy" of your credit agreement, along with the current terms and conditions applicable to your account, to which you have agreed.
We have also enclosed an itemised breakdown of the account dating back to April 2008 when the account was opened.
When responding to a section 78 request, a lender does not have to provide a photocopy or other literal copy of the executed agreement nor provide a copy bearing or some other proof of the customer actual signature.
I also note that you have attached copies of previous letters that you advise were sent to us to advise a change of address. We have no record of receiving a notice or change of address, therefore, we continued in our duty to send out statements to the address that we had on file for you.
You have confirmed that you were fully aware that monies were still owed to Viva La Diva and we received no contact from you to advise that you were not in receipt of your statements. We remain of the opinion that it was your responsibility to ensure that payment reached the account using an alternative method.
Our records show that we received a payment of £510.00 by debit/credit card on the 24th May 2010, in full and final settlement of this account.
A letter of No Further Action was sent the The BCW Group to request that they cease all collections activity on this account. At this point a Notice of Correction was sent to Experian UK to record the account as settles on your credit file.
There is no legal requirement to provide you with a copy of the deed of any assignment. A notice from the assignee, The BCW Group, is sufficient under the Law of Property Act 1925 to require you to pay the assignee. This will not carry your signature, as debts are freely assignable without this.
As previously explained, this is not the same !!! issuing a default notice as defined under sections 88 of the Consumer Credit Act 1974. Any defaults, which we file with credit reference agencies, are filed in accordance with guidance issued by the Information Commissioner's Office. The term 'default' on credit reference files is used to refer to the situation when the relationship between lender and borrower has broken down.
We owe a duty to other credit lenders to ensure that the information lodged with the credit reference agencies provides a reliable reflection of an individuals credit standing and your request to have this information removed is therefore denied.
We trust that this clarifies our position.
Yours sincerely,
this was their reply to the below letter
ACCOUNT IN DISPUTE
Date:
Ref:
Dear Sir/Madam
Thank you for your letter of xx/xx/xx, the contents of which have been noted.
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 consumer credit Act 1974 s77/8. This was signed for as delivered on the **DATE**
You have failed to comply with my request, and as such the account entered default on **DATE** (12+2 days after you made the initial request).
The document that you are obliged to send me is a true copy of the executed agreement that contained all of the prescribed terms, all other required terms and statutory notices and was signed by both your company and myself as defined in section 61(1) of CCA 74 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 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 you/your client enters into a default situation.
This limit has expired.
As you are no doubt aware section 78(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. 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 counterclaim that any such action constitutes unlawful harassment.
Please note you may also consider this letter as a statutory notice under section 10 of the Data Protection Act 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 21 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 14 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 14 days from receiving this letter to contact me with your intentions to resolve this matter which is now a formal complaint.
If it is your view that you are not the creditor, s.175 of the CCA 1974 applies in the case of a simple assignment, and places a duty upon you to pass this request to the creditor. In the case of an absolute assignment, you are a creditor as defined by s.189. If you contend that you purchased the rights but not the duties of any agreement, you are reminded that s.189 of the Act is clear that an assignment is of both rights and duties.
I would appreciate your due diligence in this matter.
I look forward to hearing from you in writing.
Yours faithfully
( filled in appropriately)
0
Comments
-
freyjavous wrote: »Our records show that we received a payment of £510.00 by debit/credit card on the 24th May 2010, in full and final settlement of this account.
A letter of No Further Action was sent the The BCW Group to request that they cease all collections activity on this account. At this point a Notice of Correction was sent to Experian UK to record the account as settles on your credit file.
The debt's gone. What were you trying to achieve?0 -
to have the default removed, i only refused to pay until i had a detailed statement so i could see what i had paid and what was left and how it was made up. they refused to change my address also so nothing ever received.0
-
They won't remove the default if you stopped paying the debt.0
-
i only stopped as i was quering the amount and had changed address, i needed the address on account to be the same as my card and also to receive statements0
-
So you defaulted.0
-
no i disputed the amount, which put the account in dispute.0
-
No CCA = no enforcable debt = end of.
Report them to the OFT,trading standards & every other authority you can think of.
Maybe even go for a full refund?0 -
No CCA = no enforcable debt = end of.
Report them to the OFT,trading standards & every other authority you can think of.
Maybe even go for a full refund?
No because...freyjavous wrote: »This account was originally opened as a personal credit account on 11th April 20080 -
Yes...but the DCA have not supplied a CCA - so no CCA = no enforcable debt = end of.0
-
Either way the debt is gone. The OP defaulted regardless of whether the debt was in dispute so they won't remove the default. Doing a CCA request is pointless as the debt's been settled!Total 'Failed Business' Debt £29,043
Que sera, sera.
0
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