DCA advice

artnoble

Hey all.

Sorry I haven't been around a while, I have been made redundant so have trying to sort out work. Which is hard.

Any who.

Some of you may remember that AIC have aquired a debt from a natwest credit card I used to have.

I have requested my CCA, the 12+2 days were up in Jan, and another 30 days were up I think 28th Feb.

However this has been falling on deaf ears, today they said they are disapointed that I have not contaced them and are sending round a client to my house to collect payment.

Obviously i dont want a nock on the door when my folks are in, I dont really want to talk to them on the phone, and all my letters have been ignored (all send recorded with proof of delivery).

Do you know what I should do now folks.

All the best and hope each and everyone are ok.

kind regards

itsnever2lateisit?

Check with Royal Mail that they have received your letters
Check that the Postal Order is cashed

If both of the above are positives then write to the DCA informing them that you are dissappointed that they have ignored your letters. That they have committed an offence under the Administration of Justice Act 1970. That the debt is now unenforcable, that you will not be paying anything. Further in accordance with the data protection act you instruct them not to share your data with any other person or body, and that they remove your record from their database. Also that as they have committed an offence you will report them to their local Trading Standards Dept and the Office of Fair Trading regarding their actions, and will petition the relevant authorities to revoke their consumer credit licence.

As to some hapless person turning up to collect. That person has the same rights as the paperboy, in the unlikely event that they do show they should leave when asked to do so. You are not obliged to enter into dialogue with them in any other way.

BTW DO report them to TS and OFT

'They dont like it up em'

artnoble

thanks for that.

yep postal order was cashed (well cheque) and both letter have been received and paid for.

they are based in scotland and im in the midlands, so it would be quite a trek for them.

Is there a template letter I can send them now.

How do I report someone to trading standards? never done this before.

GeorgeUK

Did you take a photocopy/scan of the cheque? Just incase a CCA materialises that is an EXACT copy of that signature. Hopefully they don't do this though.

Here's a letter if they haven't given a CCA after 12+2 working days, then another 30 days (and are now committing a criminal offence)
http://forums.moneysavingexpert.com/showthread.html?p=9970513

RAS

here you go - contact the TS where AIC are based as they licence the DCA.

Left details for the Information Commisioner, if they are try to sell on the debt after you have sent the letter, you will need to compalin to him as well.


The Information Commissioners Office, Complaints page: http://www.ico.gov.uk/complaints.aspx
(note: I chose to complete and download the .pdf form on Data Protection, which I am also sending to the other offices, with an accompanying letter)

Trading Standards, Central office homepage: http://www.tradingstandards.gov.uk/
-Please note, you can search by inserting the postcode in the top right hand corner, remember to use the postcode of the DCA rather than your own-

Consumer Credit Association, enquiries page: http://www.ccauk.org/consenquiries.htm

artnoble

itsnever2lateisit? wrote: »

Check with Royal Mail that they have received your letters
Check that the Postal Order is cashed

If both of the above are positives then write to the DCA informing them that you are dissappointed that they have ignored your letters. That they have committed an offence under the Administration of Justice Act 1970. That the debt is now unenforcable, that you will not be paying anything. Further in accordance with the data protection act you instruct them not to share your data with any other person or body, and that they remove your record from their database. Also that as they have committed an offence you will report them to their local Trading Standards Dept and the Office of Fair Trading regarding their actions, and will petition the relevant authorities to revoke their consumer credit licence.

As to some hapless person turning up to collect. That person has the same rights as the paperboy, in the unlikely event that they do show they should leave when asked to do so. You are not obliged to enter into dialogue with them in any other way.

BTW DO report them to TS and OFT

'They dont like it up em'

hey,

does anybody know if theres a template that I can send or if anybody could help me construct a message as i dont want to make a mistake.

GeorgeUK

Is the letter from Weller that i linked to not the one you need?

What letter are you looking for?

artnoble

GeorgeUK wrote: »

Is the letter from Weller that i linked to not the one you need?

What letter are you looking for?

Sorry George I missed your post, yeah that is the one I need.

thank you very much

setmefree

throw this at them


Account In Dispute

Ref:

Dear Sir/Madam

DO NOT IGNORE THIS LETTER - LITIGATION ADVICE

Thank you for your letter of xx/xx/xx , the contents of which have been noted.

You have failed to respond to my legal request to supply me a true copy of the original Consumer Credit Agreement for the above account.

On the **DATE** I wrote to you requesting a copy of the credit agreement and other information under the Consumer Credit Act 1974 (Sections 77-79).

On **DATE** a member of your staff signed for delivery of my written request and I have an electronic proof of delivery showing their signature and the date.

To date you have failed to comply with these requests in any way, whether by confirmation of receipt of the request or by supplying the requested documents.

These documents I requested should be readily available as proof of your legal right to collect this account under the Consumer Credit Act 1974.

In my letter of the **DATE** I made a formal request for a copy of the signed, executed credit agreement for the above account under section 77(1) of the Consumer Credit Act 1974. In addition a full statement of this account should have been sent to me detailing all debits and credits to the account.

Furthermore, you are aware that the Consumer Credit Act allows 12 working days for a request for a true copy of a credit agreement to be carried out before your client enters into a default situation.

If that request is not satisfied after a further 30 calendar days your client commits a summary criminal offence.

These limits have expired.

As you are no doubt aware section 77(6) states:

If the creditor 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 this account has become unenforceable at law.

You have failed to comply with a lawful request for a true, signed copy of the said agreement and other relevant documents mentioned in it, failed to send a full statement of the account and failed to provide any of the documentation requested.

Consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS.

Furthermore I shall counterclaim that any such action constitutes unlawful harassment.

Please note you may also consider this letter as a statutory notice under section 10 of the Data Protection Act to cease processing any data in relation to this account with immediate effect.

This means you must remove all information regarding this account from your own internal records and from my records with any credit reference agencies.

Should you refuse to comply, you must within 21 days provide me with a detailed breakdown of your reasoning behind continuing to process my data.

It is not sufficient to simply state that you have a ‘legal right’; You must outline your reasoning in this matter and state upon which legislation this reasoning depends.

Should you not respond within 14 days I expect that this means you agree to remove all such data.

Furthermore you should be aware that a creditor is not permitted to take ANY Action against an account whilst it remains in dispute.

The lack of a credit agreement is a very clear dispute and as such the following applies.

* You may not demand any payment on the account, nor am I obliged to offer any payment to you.
* You may not add further interest or any charges to the account.
* You may not pass the account to a third party.
* You may not register any information in respect of the account with any credit reference agency.
* You may not issue a default notice related to the account.


I reserve the right to report your actions to any such regulatory authorities as I see fit. You have 14 days from receiving this letter to contact me with your intentions to resolve this matter which is now a formal complaint.

Despite my letter regarding ANY communication from your company, which stated that I require ALL communications in writing, your telephone calls continue.

This behaviour constitutes harassment; the letters stated quite clearly to you that I require ALL communications in writing for future use. Do not telephone me again - remove any telephone numbers you hold for me from your systems.

Your telephone calls are in breach of the Office of Fair Trading guidelines. If you continue with them after the receipt of this letter an official complaint, together with a log recording the times and frequency of the calls will be passed both to that office and to the Trading Standards office. For your information note that ALL telephone calls are taped.

This type of debt collection method is contrary to the ‘Administration of Justice Act 1970’ in that it is intended to cause alarm and distress to the recipient. Your methods will not be tolerated. A formal complaint, containing copies of all correspondence including yours, has now been submitted to the relevant authorities. This will be relevant to questions of your fitness to hold a licence under the Consumer Credit Act, whether or not it results in a prosecution.

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.

HOWEVER, CALLS WILL TRIGGER COMPLAINTS TO THE REGULATORY BODIES.

I would appreciate your due diligence in this matter.

I look forward to hearing from you in writing.

Yours faithfully

artnoble

cheers smf

Should I also email TS now or wait til i send this letter?

knowbody is going to come round my house are they?