What if the debt collector steals the £1 Section 77/78 fee?

mikerouse

This is a bit of a new one to me.

Got a letter from Lewis Debt Recovery claiming I owe them money on behalf of Moneyway. Never heard of it, no recollection.

Sent the usual S.77/78 request with a postal order for £1.

The next chasing letter from Lewis Debt Recovery the amount owed was £1 lower. A later letter then said "The creditor is Moneyway and we are merely instructed to act on their behalf ... therefore suggest you submit your request to them directly"

I am about to write back and remind them that I told them Section 189 applied and it doesn't change the fact they've failed to comply with the request and provide the required information.

I want to also point out that they've basically stolen my £1 fee and would like them to send it back. How best to go about it? Theft Act 1968 or Fraud Act 2006? Or neither?

Thanks guys

Lensman_2

Neither. Unless you are a solicitor, I would stop quoting chapter and verse of the law.

Simply tell them that they appear to have used the £1 statutory fee to debit your account on date XX/XX/XXX. And that the fee was only to be used for your CCA request.

Keep a copy of this letter safe in case you need to use it in litigation for when the account becomes statute barred.

TakingControl

Actually it is illegal for them to do so. I had the same with Cougar and pointed this out to them using the following -

"I refer to my letter dated XX/XX/XXXX in which I made a formal request under the Consumer Credit Act 1974 (CCA1974) s.77-s.79 for a true copy of the regulated agreement referred to in the above account number; however I am saddened to learn that you have actually placed this £1 fee against the disputed balance which immediately puts you at breach of the CCA(1974) as you are not permitted to do this.

I await your prompt response in regards to the points raised above notwithstanding compliance of your statutory duties in line with s.78 & s.189 of the Consumer Credit Act as until delivered, you have defaulted in respect of this account which means that this account is in essence currently unenforceable; until such time as you come out of default or it is enforced by a court of law. "

Hope this helps




Just to add, this was drafted with the help from another forum

VitaK

I think a simple 'prove it' letter would be more appropriate if you have no knowledge of the alledged debt.

fermi

VitaK wrote: »

I think a simple 'prove it' letter would be more appropriate if you have no knowledge of the alledged debt.

https://forums.moneysavingexpert.com/discussion/comment/57422683#Comment_57422683