I'm confused...can anyone help please?

Kathy220559

Hi

I'll try to keep this short and explain it without too much confusion.

Basically, I was having a problem with a debt collector...phone calls...demands for more money etc. I posted on here and was advised to send them the letter to request my CCA etc.

I sent the letter on 5/5/2007 and enclosed a cheque for £1. Stupidly, I sent this letter bog standard Royal Mail. On 4/6/2007 I noticed that my cheque had not been cashed. I asked again for advice and it was suggested that I send another letter recorded delivery so they couldn't deny receiving it. I sent this on 4/06/2007 with another cheque for £1.

The day after, 5/5/2007 they cashed the first cheque!! I may be being a little cynical in thinking that they cashed the original cheque the day they after they received my recorded delivery letter and realised I wasn't giving up, but hey.

So the upshot is that I sent the first letter 5/5

The 2nd letter 4/6 (rec.) Both with cheques.

They cashed cheque sent with original letter (5/5) on the 5/6/2007

So far I have heard nothing. Is is safe to assume now that they received the original letter, as they have cashed the cheque, the day after it was posted or thereabouts....or do I rely on the 2nd letter.

Sorry I know all this is very confusing but I don't have a clue what to do now.

Anyone????

Cheers
Kathy

They cashed the cheque with the original letter 5/6

angelavdavis

Just wait and see is all i can suggest.

It doesn't matter that the original letter wasn't sent recorded - they cashed the cheque which is proof that they have received the letter. You will just have to retain a copy of your bank statement proving the cheques encashment should nothing come of it.

Hope that helps

immoral_angeluk

What time scale did you give them to reply?

Kathy220559

I gave them 14 days as in the letter template on here. I have heard absolutely nothing from them so far.

angelavdavis

Then I would send them another letter:
__________

Dear Sir or Madam

Your Ref : xxxxxxxxxxxxxxxxxxxxxxxxxxx
Account number - xxxxxxxx
Sort Code – xxxxxx

I wrote to you on the xxxxx (letter 1) and followed this up with a further letter sent (letter 2) sent xxxx asking for some relevant information. I enclose copies of the two letters, the second of which was sent via recorded delivery.

Although I note that my original cheque was cashed on xxxx but you have still not sent the information I requested.

As 28 days has now passed from the date of the 1st letter you are now in breach of your duties under Section 78 of the Consumer Credit Act. If you do not provide the requested and paid for information and reply within 7 days I will have no choice but to escalate the matter to the relevant authorities including the Banking Ombudsman, Office of Fair Trading and the Information Commissioner's Office.

Yours faithfully

Mrs Kathy220559

_____________
I suspect they are leaving it until the date of the recorded letter date (this is why its so important to send recorded).

Kathy220559

Shall I do that now then and not wait for the 28days from the second letter...or from when they cashed the cheque?

angelavdavis

Its a tricky one.

If you want to be by the book, you will have to wait for the 28 days at least from the cheque clearance date (so amend the letter to reflect that this is the timescale you are working to - para 3 should read As 28 days have now passed from the date of the cheque encashment .....etc)

Basically, it gives the organisation a bit of leeway legally because you didn't send recorded, they could argue that they didn't receive the letter until the day they cashed the cheque and therefore that you haven't given them sufficient time. I suspect they open the recorded letters first and put the rest in a tray so they are not opened until later.

Kathy220559

Sorry I messed up. I mean I gave them 14 days (not 28). They cashed the cheque on the 5th so the 14 days were up on the 19th. Does that mean I can send them the letter now?

moonlightpjs

Hi Kathy

No, you have to allow them 12+2 days to respond with a CCA, if this date has passed they are in default and as such you can stop nay payments to them (if you are making any) after another 30 calender days the debt becomes unenforceable etc if they have not supplied the CCA. Start your dates from the date you sent the 2nd CCA request. Hope this makes sense.

Sorry, have just checked your OP, they were in default on Tuesday. (From the date you posted your 2nd CCA request.) If they are still hounding you after this date - until the date after 30 more days, send them this letter if you want otherwise you can wait until the 12+2+30 days is up and send them the non-compliance letter.

DEFAULT UNDER THE CONSUMER CREDIT ACT 1974
FAILURE TO PRODUCE AGREEMENT

Dear Sir/Madam

ACCOUNT NUMBER: *******************

I wrote to you by Special Delivery/Recorded Delivery ( Ref ******) on ***** 2007 asking for a copy of the above agreement together with the relevant information under Section 77-79 of the Consumer Credit Act 1974, enclosing a 1.00 postal order as the fee payable. This letter was delivered and signed for on *****, 2007.

The Consumer Credit Act allows 12 working days for this request to be carried out before your company enters into a default situation. This occurred on *****, 2007. If the request is not satisfied after a further calendar month, your company commits an offence. Therefore on ********** 2007 this time limit will have expired.

I have still neither received a copy of the agreement as required by S78 Consumer Credit Act 1974, nor any other information relating to same. As such, this account has become unenforceable by law. As you are no doubt aware subsection (6) states:

If the creditor under an agreement fails to comply with subsection (1)—

(a) He is not entitled, while the default continues, to enforce the agreement; and
(b) If the default continues for one month he commits an offence.

As such, now that the 12 working days have expired (from your receipt of the request for the agreement and supporting documents) the account is now in dispute. Whilst it remains in dispute the agreement is unenforceable.

Whilst it is unenforceable, no interest is to be added to the account. No action can be taken against me. No adverse credit references or defaults can be listed against me with Credit Reference Agencies. The account cannot be passed to a Debt Collection Agency. And lastly, I am not obliged to make any further payments to the account. Essentially, the account is ‘held’ as it was on the date of the CCA request expiring (****, 2007)


Data Protection Act (Data Protection Act 199

Furthermore, under the Data Protection Act (D10), you are also denied the authority to pass on any of my personal data. To do so in the circumstances is I understand a breach of the Data Protection Act 1998, and also the OFT guidelines, and should you ignore my request it would again result in you being further reported to the relevant authorities.

I also require that you remove all my data from your files within the next 7 days and look forward to receiving a letter from you within 10 days confirming that you have complied with this request.

Yours faithfully,

Hope this helps

Kathy220559

Hi weller...well this is the problem...I haven't heard anything at all from them..they have given up phoning since I sent them the letter asking for everything in writing. I have been making the payments...although stupdily they hassled me that much that I upped them from £1 to £5..which my poor Mum is paying for me.

Maybe I would be better waiting until after the 30 days and not rocking the boat! I am a wimp aren't I?

moonlightpjs

Thats fine Kathy, if they are not hounding you, there is no need to remind them of their duties so to speak. Enjoy the silence and don't make any payments