What do I do Now Please??

curvygal

Hello all

I posted awhile back about two companies chasing me for money i do not owe, i was kindly advised to write two letters..

1st to Debt managers on the 20th Jan 08 stating i do not have any knowledge of said debt to AKTIV KAPITAL and to provide evidence etc etc...

I have had no reply or knowleadgement of them receiving said letter, in fact i have now received a letter today from BCW demanding payment from A/KAPITAL the same claimed debt Debt mangers are chasing me for???

Can i ask what i do now in the case, what letters do i now send out to both debt companies please?? I didnt think Debt Managers were allowed to pass it on ???

Ok the 2nd letter was sent out also on 20th Jan 08 to Fredrickson Internation LTD who are chasing me for a c/card debt i dont owe, i know this because i have only ever owned 2 credit cards and i am paying them off.
my letter asked for a ture copy under the consumer credit act enclosing a £1 postal order..

I have also not received anything from them not even a knoweledgement they received it..

Is there a second letter i should now send to them as they are in default.

Please help i dont owe this money to either companies and its really getting me down.

Many thanks in advance

CGirl x

itsnever2lateisit?

Debt Managers should not have passed your account to BCW as it was in dispute, and you should report them to their local Trading Standards Office.
There is a further letter to send Debt Managers informing them that they have failed to supply the CCA in the required time, and that should it not appear within afuther 30 days they will have committed a criminal offence. I am at work at the mo, and will post a link later if Fermi or Rog2 haven't beaten me to it

rayday2

I requested a CCA from Fredricksons and strangely enough today it should have been due and I have not heard from them at all, I paid via cheque which they cashed but they have not even moaned I did not pay this month. I requested my CCA because they were saying I owed more than I did and it was cheaper to request that than pay £5 per cheque to prove I made payments.

There is a thread somewhere around about BCW by an ex employee - you could write to them and enclose a copy of the letter (no payment) you sent to the original DCA and say you are suprised they have broken the OFT guidelines and took an account on which is in dispute.

curvygal

Hi Itsnevertoolateisit

Many thanks for the advice, could you or some kind soul give me a link to the next set of letters please, i really cant cope with this anymore, we have to play by the rules but they dont and constantly give you grief by phone/mail :0( :0(

Many thanks
CGirl

curvygal

Hi All

Sorry to be a pain but can no one help me with what to send next??

Many thanks

RAS

Here is wellers 12+2+30 day letter

Send the letter below, after the 12+2+30 days, you could always amend if they havent actually passed the 12+2+30 days ITMS


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'.

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



I would suggest pointing out to dent nanagers that they are breaching the DPA by passing false records to anopther company. Although I would not be surprised to find that they are owned by the same people.

Also complain formally to the CSA and to the Trading Standards that AK are using multiple DCas to chase a non-existant debt. AK are responsible for the action of the DCas as welll as their own.

jacki

I have now rec'd original credit agreement, Proof it's not me. which i,ve told them for years, I,ve managed to find out lots of info about other chap including NI no. (i haven,t presented them with this though) What do i do now?