Unenforceability & Template Letters - Help

jaycee101

Hi

I was contactacted by NCO Europe for a debt passed to them from orange Mobile

i sent the prove it letter.... Therefore, I hereby formally request a copy of my Consumer CreditAgreement, pursuant to s.77/78 of the Consumer Credit Act 1974.....

I received a letter this AM with the following statement:

We are in receipt of your letter dated .... concerning your request for a copy of your signed credit agreement.

NCOE would like to advise you that, your agremeent with Orange Personal Communications is regulated through telecommunications provisions and not that of the Consumer Credit Act. On this basis there is no signed agreement and NCOE are unable to process your request...

Have i sent the wrong template for this company to justify the debt?

does this make sense to any learned memebers?

I would be very grateful if someone could advise how i should respond

J

ILW

Are you disputing that you owe the money?

jaycee101

i was dealing with a previous debt collection company prior to nco contacting me.

i am asking them, or thought i was asking them to justify they have the authority/paperwork to chase the claim.

the value they are claiming is not what is owed, i spoke to them but i didnt confirm any personel details, so they got stroppy and said see you in court

i want justification they own the debt, if thats the correct language??

fermi

jaycee101 wrote: »

i sent the prove it letter.... Therefore, I hereby formally request a copy of my Consumer CreditAgreement, pursuant to s.77/78 of the Consumer Credit Act 1974.....

That is NOT a "prove it" letter.

The one in this link is.

https://forums.moneysavingexpert.com/discussion/2607247

And they are correct. Mobile phone accounts are not regulated under the Consumer Credit Acts.

jaycee101

ahhhh

they ntemplate i downloaded from another site merged the two?

does this matter letter below:

The Loan Company
Company House,
Church Street,
Newtown,
Kent,
R1 7HG

Dear Sir/Madam

Ref: xxxxxxxxxxx

You have contacted me regarding the account with the above reference number,which you claim is owed by myself.

I would point out that we have no knowledge of any such debt being owed to The Loan Company.

We are familiar with the ‘Office of Fair Trading Debt Collection Guidance’,which states that it is unfair to send demands for payment to an individualwhen it is uncertain that they are the debtors in question.

We would also point out that the OFT say under the Guidance that it is unfairto pursue third parties for payment when they are not liable. In not ceasing collectionactivity whilst investigating a reasonably queried or disputed debt you areusing deceptive/and or unfair methods.

Furthermore, ignoring and/or disregarding claims that debts have been disputedand continuing to make unjustified demands for payment amounts tophysical/psychological harassment.

We would ask that no further contact be made concerning the above accountsunless you can provide evidence as to my liability for the debt in question.

Therefore, I hereby formally request a copy of my Consumer Credit Agreement,pursuant to s.77/78 of the Consumer Credit Act 1974.

I require you to provide me with a true copy of the credit agreement relatingto any account you deem to be mine, together with any other documentation theAct requires you to provide. I expect you to comply fully and properly withthis request, within the statutory time limit (12 + 2 days). You are remindedthat should you fail to comply with my request; the provisions of s.77 willapply.

If it is your view that you are not the creditor, s.175 of the CCA 1974 appliesin the case of a simple assignment, and places a duty upon you to pass thisrequest to the creditor. In the case of an absolute assignment, you are acreditor as defined by s.189. If you contend that you purchased the rights butnot the duties of any agreement, you are reminded that s.189 of the Act isclear that an assignment is of both rights and duties.

Your attention is drawn to ss.5(2), 3(b),6 and 7 of the Consumer Protectionfrom Unfair Trading Regulations 2008 (CPUTR). I enclose a postal order inthe sum of £1.00, which is the statutory fee. Note that these funds are not tobe used for any other purpose.

If you are unable to comply fully and properly with this request, you shouldconfirm this in writing at the earliest opportunity, and certainly within thestatutory time limit for compliance, and return the fee and then remove theincorrect entry from your systems.

I do, expect the main actions to be dealt with, as matter of course, and lookforward to hearing from you within the prescribed timescales quoted.


Yours faithfully

fermi

Phone accounts don't have credit agreements. So requesting that they send you a copy of one makes no sense whatsover.

The letter in the link in my previous post rerquires them to send proof in whatever form they might have.

jaycee101

thanks for the reply

i (incorrectly) assumed that a mobile phone pay monthly account would have had a credit agreement.

but moving forward, if i reply to the NCO letter with the above linked letter, they would need to send what they have?

am i correct in thinking that debt collectors of mobile phone contracts do not need to justify the debt, even if the amount is in dispute?

jaycee101

hi all

i sent the "prove it letter", never heard anything for two weeks, but today i received the following from Westminsters solicitors

'NOTICE BEFORE LEGAL PROCEESINGS
We have been instructed by NCOS Europe LTD acting on behalf of Orange to issue legal proceedings against you in the local County Court for recovery of the full amount outstanding above, together with statutory interest and additional costs. If you wish to avoid Court action then you must either pay the full amount within 14 days or alternatively contact NCO direct on 01772 765195.

THERE WILL BE NO FURTHER WARNING.

Upon judgement, enforcement action will be taken against you, whereby the following methods of litigation will be considered:

*attachment order on your salary
*charging order or bankruptcy may also be considered where applicable

Please note all contact and correspondence must be sent to:

do i respond? i am still waitng on a response from NCO??

please help, this has unsettled me...................