letter to debt collection agencies

smashedbooboo

Hi all. Here is a letter you can send to the DCAs to ask for a true copy of you credit agreements. If they have bought the debts from banks etc then they should have this, i will post some more letters that could be usefull shortly


1 High Street,
Newtown,
Kent
R21 4RH


June 28, 2006


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

Dear Sir/Madam

Re:− Account/Reference Number 4563210025897412

With reference to the above agreement, we would be grateful if you would send us a copy of this credit agreement.

We understand that under the Consumer Credit Act 1974 (Sections 77−79), we are entitled to receive a copy of our credit agreement on request. We enclose a payment of £1.00 which represents the fee payable under the Consumer Credit Act.

We understand a copy of our credit agreement should be supplied within 12 working days.

We 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.

We look forward to hearing from you.

Yours faithfully
Mr A N Other
__________________

smashedbooboo

Dispute your liability for a debt where a creditor has not contacted you for over six years

Your address


Creditors address





June 28, 2006


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


Dear Sir/Madam

Acc/Ref No 4563210025897412

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

We would point out that under the Limitation Act 1980 Section 5 “an action founded on simple contract shall not be brought after the expiration of six years from the date on which the cause of action accrued.”

We would also point out that the OFT say under their Debt Collection Guidance on statute barred debt that “it is unfair to pursue the debt if the debtor has heard nothing from the creditor during the relevant limitation period”.

The last payment of this alleged debt was made over six years ago and no further acknowledgement or payment has been made since that time. Unless you can provide evidence of payment or written contact from us in the relevant period under Section 5 of the Limitation Act, we suggest that you are no longer able to take any court action against us to recover the alleged amount claimed.

The OFT Debt Collection Guidance states further that “continuing to press for payment after a debtor has stated that they will not be paying a debt because it is statute barred could amount to harassment contrary to section 40 (1) of the Administration of Justice Act 1970”.

We await your written confirmation that this matter is now closed and that no further contact will be made concerning the above account after that last letter.

We look forward to your reply.

Yours faithfully
Mr A N Other
_______________

tomterm8

Letters regarding phone harassment:

LETTER 1:

YOUR ADDRESS

DATE

CREDITOR ADDRESS


Dear Sir,

With regard to the above account, I ask that all future communication with your organisation should be in writting to the above address, as previous phone conversations have caused my family undue distress,

Yours Sincerely,


LETTER 2:

YOUR ADDRESS

DATE

CREDITOR ADDRESS


Dear Sir,

Ref. XXXXX

Despite my letters regarding ANY communication from your company, in which I stated that I require ALL communications in writing, your telephone calls continue.

This behaviour constitutes harassment; the letters stated quite clearly to you that I require ALL communications in writing for future Court use. Do not telephone me again - remove any telephone numbers you hold for me from your systems.

Your telephone calls are in breach of the Office of Fair Trading guidelines. If you continue with them after the receipt of this letter an official complaint, together with a log recording the times and frequency of the calls will be passed both to that office and to the Trading Standards office. For your information note that ALL telephone calls are taped.

This type of debt collection method is contrary to the ‘Administration of Justice Act 1970’ in that it is intended to cause alarm and distress to the recipient. Your methods will not be tolerated. A formal complaint, containing copies of all correspondence including yours, has now been submitted to the relevant authorities. This will be relevant to questions of your fitness to hold a licence under the Consumer Credit Act, whether or not it results in a prosecution.

Take further note that continued telephone calls after the receipt of a request not to call may constitute a criminal offence under Section 127 of the Communications Act 2003.

Communicate in writing and ONLY in writing, your telephone calls will NOT be answered.

HOWEVER, CALLS WILL TRIGGER COMPLAINTS TO THE REGULATORY BODIES.

I trust that I have made myself understood on this matter,

Yours faithfully,

ZTD

Better idea: Merge this thread with SS's "First time posters" and delete all the extraneous posts.

ZTD

smashedbooboo wrote: »

Now. will you stop using long words. Blonde you know.

Real? (Gotta get more "perv votes")

tomterm8

FULL AND FINAL SETTLEMENT LETTER ( From the National Debt Line website : http://www.nationaldebtline.co.uk ):

YOUR ADDRESS

DATE

CREDITORS ADDRESS

WITHOUT PREJUDICE:

Dear Sir/Madam
Re: AC NUMBER

We write with reference to the money which you are claming on the above account.

We can confirm that we are unable to offer to pay the money which we owe in full.

However, I can raise £AMOUNT and I want to offer this an ex−gratia payment in full and final settlement of the account. This offer is made on the clear understanding that, if accepted, neither you nor any associate company will take any other action to enforce or pursue this debt in any way whatsoever and that we will be released for any liability.

We also request that, if accepted, you will make an entry on a credit reference agency file relating to the above account as "satisfied" in full.
Payment can be made within 2 weeks of receiving your written agreement of this offer and method of payment.

We look forward to receiving your reply.

Yours faithfully

YOUR NAME

tomterm8

CHANGE OF CIRCUMSTANCES ( From the National Debt Line website : http://www.nationaldebtline.co.uk ):

YOUR ADDRESS

DATE

LOAN COMPANY ADDRESS

Dear Sir/Madam
Re Account No/Reference No:− AC NUMBER

Since making that above agreement with you, our circumstances have changed.

We cannot now afford to agreed monthly payments because ... [REASONS]

We enclose a Personal Budget sheet which shows our total income from all sources, and the total outgoings of our household. As you can see we have no money left to make offers of payment to my creditors.

In view of our circumstances, would you please accept no payment at present to be reviewed in six months. If interest or other charges are being added to the account, we would be grateful if you would freeze these so our
debt does not increase.

Should my circumstances improve we will contact you again.

Thank you for your assistance. We look forward to hearing from you as soon as possible.

Yours faithfully
YOUR NAME

smashedbooboo

Ask creditors to write off the debt due to your circumstances



1 High Street,
Newtown,
Kent
R21 4RH

June 28, 2006


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

Dear Sir/Madam

Acc/Ref No 4563210025897412

Further to our recent letter, we enclose a copy of our Personal Budget sheet which gives details of our present financial circumstances.

As you can see our outgoings are more than our income and we are experiencing extreme financial hardship. We would be very grateful if you would consider writing off the outstanding debt owing. We have always taken very seriously our financial responsibilities but unfortunately our circumstances are so bad that we cannot realistically maintain payments of any kind.

Please take the following special information into account when making your decision.
Paragraph outlining the special circumstances you have that you want the creditor to take into account.

As you can see our situation is very unlikely to improve in the future, and our continued high debt level may have a serious effect on our physical and mental wellbeing. We would therefore be grateful if you would seriously consider our request for the debt to be written off.

We would appreciate any help you can give us.

Yours faithfully
Mr A N Other
_______________.

smashedbooboo

Title of tomterms last post is CHANGE OF CIRCUMSTANCES

tomterm8

REFUSAL OF PRO RATA AMOUNT ( From the National Debt Line website : http://www.nationaldebtline.co.uk ):


YOUR ADDRESS

DATE

LOAND COMPANY ADDRESS

Dear Sir/Madam
Acc/Ref No AC NO

Thank you for your letter of DATE concerning the above account.
We are are sorry that you feel unable to accept the offer which we have made. The majority of our other creditors have accepted the offers made to them and we have commenced payments. We cannot offer you
more because we can only afford £AMOUNT per month between all our other creditors, and it would be wrong to cease or reduce payments to our other creditors in favour of your company. The offer made to you is on a pro
rata basis, as used by the county court.

In the light of the other creditors agreeing to our repayment plan, please would you reconsider our offer. We will be making the payments in line with the offer to your company, on a weekly basis, as a gesture of
goodwill.

We look forward to hearing from you as soon as possible.

Yours faithfully
YOUR NAME

ZTD

smashedbooboo wrote: »

Sorry tomterm. been backwards and forwards to other threads. Thank you for posting the letters. Am going to ask if southern scouser would be kind enough to let us merge our threads. And as ZTD said take out the extra thingy he said.

I would never take a thingy out until it was all finished...