natwest credit card and the debt collection angency

SPANIEL36

it wouldn't hurt to get one

Fallenangel152

Ignoring Allied International Credit is no longer working. They've started ringing my workplace (a large University) and asking for me now.

I just want to pay this and have it over with. Is it a good idea to ring them and ask for their best settlement price? It's past their 12 days for giving me the CCA and i've probably got them over a barrel. I think.

RAS

Fallenangel152 wrote: »

Ignoring Allied International Credit is no longer working. They've started ringing my workplace (a large University) and asking for me now.

This is Bl&*&^y ridiculous and completely against OFT Guidelines, unless of course you asked them to ring you there?

You need to send a very stiff letter of complaint and advise them that any further antics and they will be reported to the OFT and Trading Standards.

Fallenangel152 wrote: »

I just want to pay this and have it over with. Is it a good idea to ring them and ask for their best settlement price? It's past their 12 days for giving me the CCA and i've probably got them over a barrel. I think.

My guess is that this is a frightner because they know they do not have the documents.

if anyone says anything at work, tell them you are being pursued for a debt you do not owe. Which is correct.

Will be back with the OFT Guideline link for a starter.

Fallenangel152

The only contact number they have for me is my mobile, which i don't answer - National Debtline simply told me not to talk to them over the phone, as it just allows them to use their bully tactics.

I have not given any such allowance for them to ring me at work. It can't be allowed, surely?

I'll call National Debtline again tonight.

RAS

here s the OFT link:

http://www.oft.gov.uk/shared_oft/bus...dit/oft664.pdf

And whilst you are about it, they need reminding that if they put you in a postion where anyone else can assume that you are in debt, they are breaking the Data Protection Act. So if hey speak to you again, ask for the name of their Data Controller and advise the twirrup onthe otehr end that a compalint is winging its way.

RAS

Fallenangel152 wrote: »

The only contact number they have for me is my mobile, which i don't answer - National Debtline simply told me not to talk to them over the phone, as it just allows them to use their bully tactics.

I have not given any such allowance for them to ring me at work. It can't be allowed, surely?

I'll call National Debtline again tonight.

it is not allowed. Read the OFT Guidelines.

Did you send them a letter telling them only to contact you in writing?

Fallenangel152

No, but i will do so. I'll tell them that they are past the twelve days to give me my CCA too.

RAS

Originally Posted by weller711

Re: my request under s78 of the Consumer Credit Act 1974.

Thank you for your recent letter sent to me dated **DATE**, the contents of which are noted. However, the reply received by me does not fulfil your requirements under the Consumer Credit Act 1974.

The Act demands that I be supplied with a true copy of any properly executed credit agreement that exists in relation to the above account. I may ask for this on demand providing that a fee of £1.00 is paid. This fee was sent with my original letter, dated **DATE**. Upon receipt of the original request the specified account legally entered into disputed status.

My request remains outstanding. An application form does not constitute a true copy of a credit agreement and that which you sent doesn't even contain all the prescribed terms and is not 'properly executed'. The statements sent do not correspond to the amount stated in your earliest correspondence and therefore they do not satisfy the requirement to supply me with a statement of account. This just means if they have sent you statements of account, which they should have done, as per your original CCA request, the amount doesnt tally with the amount they say you owe ITMS. Delete this if not needed

As you will know, under the Consumer Credit Act 1974, a judge is not permitted to make any enforcement order unless the creditor can provide a true signed copy of the original credit agreement. This means that unless you can produce such an agreement, this alleged debt is not enforceable in law.

You had until **12 days DATE** to provide me with the true copy I requested. After that date you entered into default of my request. Whilst the account is in dispute, you are not permitted to ask for any payment, nor am I obliged to offer any payment to you. Furthermore, whilst the dispute remains, you are not entitled to charge any interest on the account, nor make any further charges to the account. Additionally, you are not entitled to register any information on this account with any credit reference agencies (or any third party).

To register information with a credit reference agency, you must have written consent from the data subject to collate and share such information. This consent is given in the form of a signed credit agreement, so until you produce such an agreement, you may not do this.

The requirement for consent to share data is a clear requirement of the Data Protection Act 1998. Any such attempts to share my data without my consent will be met with a complaint to the Information Commissioners Office.

The time limits, which are laid down in the Consumer Credit (Prescribed Periods for Giving Information) Regulations 1983 are clear. You must supply an executed credit agreement within 12 working days of a proper CCA request. If you fail to comply with a legitimate request the account enters a default situation and if you fail to comply after a further 30 days you commit an offence. You entered into a default on **12 Days DATE** and subsequently committed a criminal offence on **MONTH DATE**.

Therefore you have 7 days from receiving this letter to contact me with your intentions to resolve this matter which is now a formal complaint, otherwise your conduct will be reported to the Office of Fair Trading, the Financial Ombudsman and Trading Standards. Any investigation undertaken by them may affect your ability to hold a consumer credit license in the future.

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.

To sum up, I will not be making any further payments to you until you provide me with the document I have requested. Should you not have any signed credit agreement in relation to this alleged debt, please confirm this in writing to me.


I would appreciate your due diligence in this matter.

I look forward to your reply.

Yours faithfully

Delete/amend as necessary. HTH.

To be honest I would wait until they HAVE committed an offence before sending this letter, hold fire, keep all correspondance etc and a log of all calls. Let them dig a deeper hole for themselves. legally there is nothing they can do now. PM if you need to.

Fallenangel152

Just spoken to ND and they suggested i send pretty much that exact letter, with plenty of emphasis on the contacting me at work bit.

I'm still a little confused though - after 5th June (the one month date) they can't pursue the debt at all right? So who do i owe it to? I think it's already on my account as a default.

If AIC can't take my money, can i appeal to Experian to remove it from my credit record?

cc99

Fallenangel

Firstly,
They cannot collect the debt if they do not have the correct paperwork, they have failed to supply you with this in the correct time scale, so they have no legal right to pursue the debt.

Second,
You need to send them a harrasment letter and ask them to desist from calling you at work. If they ignore you refuse to identify yourself on the phone when they ask you to to go through the security details. They will not be able to proceed with the call.

Thirdly

PLEASE READ THIS THREAD it gives you all you need to know.

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/126112-telephone-harassment-letters-not-2.html#post1318473
And this
http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/134978-aktif-kapital-cca-no.html#post1425137

It is up to the DCC to remove the information from your credit file.

If you read these threads you will get all you need for the correct procedure as to what you do now in the way of letters and what to say about the harassment etc.

Lastly, PLEASE, PLEASE ,PLEASE do not let them scare you, they are now clutching at straws, without a CCA they cant take you to court, a Judge would not proceed without the correct paperwork, they know this so scaring you and phoning you is the only power they have.
DO NOT LET THEM WIN.
Good luck and stay strong not