Collections - question

RAS

here goes, thanks to Crown

If a debt collecting agency is chasing you send them this by registered post:

I do not acknowledge ANY debt to your company. I require you to supply the following documentation before I will correspond further on this matter.

1. You must supply me with a true copy of the alleged agreement you refer to. This is my right under your obligation to supply a copy of the agreement under the legislation contained within s.78 (1) Consumer Credit Act 1974 (s.77 (1) for fixed sum credit) - your obligation also extends to providing a statement of account. I enclose £1 in payment of the statutory fee.

2. A signed true copy of the deed of assignment of the above referenced agreement that you allege exists.

3. You are notified that you are obliged to supply these documents, whether you are the original creditor or not under S189 of the CCA 1974.

4. I would also like to 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

Non-compliance with my request is a criminal offence under the above Act and will result in a report being submitted to the relevant statutory authorities, therefore if I do not receive evidence that I owe your company any monies by 6th February 2006, I will have no hesitation in passing your details to the Office of Fair Trading.

As you are aware, a credit agreement that is not properly documented and signed by the customer is totally unenforceable under the CCA and therefore is a complete defence to any court claim that is issued.

Take note at this stage, that any legal action you may contemplate will be both vigorously defended and contested.

Regarding your threat that a Doorstep Collector will call the owner of this property is denying you or anybody working on your behalf access onto their estate or grounds in relation to this disputed debt, should you or any agent acting for you attempt to gain access to the estate or its grounds, then you will be ignoring your denial of access and the owner of "insert your address", will take legal steps to sue both you and or your agents for trespass, please also note that having a letterbox on the property gives you or anyone working on your behalf neither implied nor expressed rights to enter the properties boundaries, again any instances of trespass WILL lead the property owner to sue both yourselves or any agents working on your behalf

Yours,

adoy

Thanks, you guys are heros!
Two questions arise:

a. What happens if the alleged creditor is a utility company which provided service without any written agreement at all? (This isn't the case here, but I'm really curious - does that mean that no enforcement is possible? Sometimes you move to a new rented home and they just put the account in your name with no agreement being signed.)

b. Actually, more relevant, is whether the Consumer Credit Act cited in your most helpful posts above can be used where the allged debt and the account is in a private individual's name BUT the the service provided was in the course of a home business that the person tried to establish. The company provides equivalent service to both businesses and consumers, but if the company believed the person was using the service to 'trade' then could my neighbour still rely on the Consumer Credit Act as the account and allgeged debt are in her name and not in the name of any business?

Thanks!

RAS

adoy wrote: »

Thanks, you guys are heros!
Two questions arise:

a. What happens if the alleged creditor is a utility company which provided service without any written agreement at all? (This isn't the case here, but I'm really curious - does that mean that no enforcement is possible? Sometimes you move to a new rented home and they just put the account in your name with no agreement being signed.)

Hi Depends what the utility was providing. If it was a new boiler on credit, then the CCA applies. If is is power say, then no.

Re the second point, I suspect that since the debt is in her private name it applies. Also would the company know about the business?

RAS

Adoy

Try here

http://www.oft.gov.uk/advice_and_resources/publications/guidance/consumer_credit_act/oft664