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Wescot :( help needed

2»

Comments

  • RAS
    RAS Posts: 36,149 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Send them this

    I do not acknowledge ANY debt to your company. Further to my letter of x March 2008 requiring you to supply the following documentation. This was recieved by yourselves on yyyy March 2008 but to date I received nothing.

    1. 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).

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

    3. A statement of account

    Non-compliance with my request is a criminal offence under the above Act and your company is currently in default.

    Unless the required documenation is provided in the next 30 days this will result in a report being submitted to the relevant statutory authorities, including 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.

    Until such time as the required documentation is provided, any further contact by your company will be forwarded to the relevant authorities as evidence of haressment under the OFT's Debt Collection Guidelines.


    Can I also remind you that You recioeved correspondence requiring that all communications should be in writing on xxx March and if I recieve any further telephone calls, they will be recorded and I shal complain to Trading Standards and the CSA>




    If you've have not made a mistake, you've made nothing
  • [Deleted User]
    [Deleted User] Posts: 2,714 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    Wrote to the letter to them, they just phoned now and I just got silence on the other end, harassment and now nuisance calls grr despite me writing to them and telling them not to phone 3 times now.
  • stapeley
    stapeley Posts: 2,315 Forumite
    Did you request a notice of Assignment , without that and a copy of a CCA they have no claim on you . Stand firm . Continue to pay the £5 a month if you wish by cheque , it will be good proof of your efforts to pay something . Just put the phone down if they call .
  • [Deleted User]
    [Deleted User] Posts: 2,714 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    What is a notice of assignment?
  • stapeley
    stapeley Posts: 2,315 Forumite
    I letter from the OC that states the account has been sold to the DCA .
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