not getting anywhere

magoogy

i have waited and waited all the 12 weeks,etc, with my catalogue debts, sent 1,2,3 letters and still receiving the same letter back - we are concerned you havent made a payment, etc - they arent even acknowledging my letters or the fact i havent received a proper cca off them - they are all unfilled in ones they have sent - the £1 fees have gone onto my account and they continue saying if i dont pay they will pass it onto a debt collector

what do i do?

can i be took to court?

am quite worried now even though i know they cant really do anything without the signed cca - am scared of the bailiffs coming but, i have really got myself into a mess with the catalogues and the comfort spending while my late mum was ill.....should i have gone down the route of asking if i could pay £1 a month? is it too late for that?

thanks

Crown

Hi, I assume you mean that you have sent the letters requesting a signed copy of the Consumer Credit Agreement?

If you have sent this to them and they have cahsed your paymentthen you should receive this from them within 30 days. If you havent received it then they are in breach of contract.

Did you use the standard template letters we post on this site with regards to this? If you did then you should report them to the OFT.

Until they send it to you you should not be legally obliged to make any payments. Without them giving you this paperwork they have no legal proof you owe anything!

magoogy

thanks crown - could you help me again - how do i go about reporting them to oft? and can i get into a worse state by doing so? what would the outcome be?

thanks

Crown

Hi the Office of fair trading can be reached on 08457 22 44 99. I personally hate these 0845 Numbers as they charge you to make the call. So like all good money saving experts try these landline numbers for them on 020 7 211 8131 for the switchboard and ask to be transfered. this was the number I found on saynoto0870.com

As for getting into a worst state I cannot see how it is posible? They may not even have a legal right to claim the debt so no court in the country would even entertain them unless they can show the Signed CCA to the Judge.

You still didnt confirm what you actually sent them in the letters. As I said before if they were the standard letters from here they need to send you the paperwork. You could also write to them and claim back the money you have paid to them if so wish.

Here is the letter that is normally used for this although im not sure if you have already sent it? You didnt send them all at once did you??

Crown

I refer to my letter dated {enter date} which was delivered via Recorded Delivery to your offices on {enter delivery date}.

You have failed to acknowledge this request by not supplying the requested documents. The documents I requested should be readily available as proof of your legal right to collect this account.

In my letter of the {enter date} I made a formal request for a copy of the signed, executed credit agreement for the above account under Section 77(1) and Section 78(1) of the Consumer Credit Act 1974 and a true signed copy of the Deed of Assignment. In addition a full statement of my account should have been sent to me detailing all debits and credits to the account from the time {debt agency name} purchased this account, along with any other documents mentioned in the credit agreement.

You are reminded that you are obliged to supply these documents, whether you are the original creditor or not, as defined under Section 189 of the CCA 1974.

The Consumer Credit Act allows 12 working days for this request to be carried out before your company enter into a default situation. If the request is not satisfied after a further 30 calendar days, your company commit an offence. These time limits expired on {enter date} and {enter date} respectively.

As you are no doubt aware, Section 78(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.

Therefore on {enter offence date} this account became unenforceable at law and no further payment will be made by myself to the account, as you have failed to comply with a request for a true signed copy of the said agreement, and other relevant documents mentioned in it, and failed to send a full statement of the account and failed to provide a true copy of the Deed of Assignment, under the relevant sections of the Consumer Credit Act 1974. Further, i do not acknowledge any debt to {debt agency name}.

I require the following action from {debt agency name} :

1. All payments made to date to {debt agency name} for this account should be refunded in full, including interest at the rate of 8% per annum.

2. Removal of all defaults entered by {debt agency name}. Note this is to be a complete deletion and not merely an amendment.

3. I look forward to compensation under Section 13 of the Data Protection Act 1998 to be offered for the processing of my data in the manner it has been done over the past number of years.

4. After a full refund of all payments with interest and compensation are received by myself, you will be required under Section 10 and Section 12 of the Data Protection Act 1998 to cease and desist all manual and automatic processing of my data within your company and any other company within your group.

If you do not respond positively to my request, court action may be taken under Section 14 of the Data Protection Act 1998 to force {debt agency name} or any other company within the group to comply with the refund of all monies paid, removal of all defaults maintained and compensation for damage and distress as a result of unlawful data processing. I may also pass the matter to the relevant enforcement authorities including, but not limited to, the OFT, the Information Commissioners Office, Trading Standards, the CSA, the FOS and my local MP.

I look forward to your reply within 14 days to resolve the matter amicably.

magoogy

thanks crown - to answer your questions;-

i used the template letters off here as advised - send 1st, wait 12 days, send 2nd, etc

i sent them separate

thanks for your help....i will phone them on the other number you provided not the 0800 number...thanks

Crown

If you have a 0800 freephone numer then use it. could you also share it with us as I thoughtthere number was a 0845 number?

magoogy

whoops, sorry - i meant the 0845 number lol

thanks again