Odd kinda Credit blast from the past....Advice would appreciated! NEW INFO 24/06

weightgain

Just wanted to give a heads up on this topic -

I posted my letter off to the company on the 16th of this month, recorded delivery.

No reply as of yet - can someone point me in the direction of what to do next pretty please

GeorgeUK

I think they have about another week to reply 12(+2) working days.

There are some more template links in this thread.
http://forums.moneysavingexpert.com/showthread.html?t=578486

weightgain

So, received a reply today, dated the 30th on the letter (exactly 14 days from my first letter). This letter says that they note my request but as I do not acknowledge the debt, under the data protection act they are unable to send me a copy UNLESS I provide six (!!) specimen signatures inc a passport or driving license so that they can proceed......

Ummmmmm this may be silly but if they don't know who I am, how can it be my debt ?? Or do I need to do as they ask ?? Also, they have not followed up the original phone call with any more - it kinda feels like I'm doing all the running !!! And they took my pound postal order !!!

Any advice people ??

GeorgeUK

If it isn't your debt then they have obviously breached the Data protection act by giving you details of someone elses debt.

Were they born this stupid? or did they need to practice?

It has now been 12+2 working days since you requested a copy of the CCA. They have not provided it and so the debt is not enforcable unless a court says otherwise. There is a letter somewhere around that you can send to them detailing the breaches they have made in the various Acts (not including the data protection). I think at this stage they have committed a civil offence. In 30 days time if they are still persuing the debt, it will be a CRIMINAL offence.

weightgain

Thanks man. Don't suppose you got any links to further info / letter templates have you ?? Had a quick look but couldn't see anything.....

RAS

Weller711 special below.

Normally, we suggest waiting until they have committed the crminal offence, but in these circs, this might be a good idea.

Send this letter after the 12+2 days if you have not received a CCA but they are still bothering you. If after another 30 calender days have passed (12+2+30) and they have not supplied the true CCA send them the letter Rog has posted a link to. HTH xx

DEFAULT UNDER THE CONSUMER CREDIT ACT 1974
FAILURE TO PRODUCE AGREEMENT

Dear Sir/Madam

ACCOUNT NUMBER: *******************

I wrote to you by Special Delivery/Recorded Delivery ( Ref ******) on ***** 2007 asking for a copy of the above agreement together with the relevant information under Section 77-79 of the Consumer Credit Act 1974, enclosing a 1.00 postal order as the fee payable. This letter was delivered and signed for on *****, 2007.

The Consumer Credit Act allows 12 working days for this request to be carried out before your company enters into a default situation. This occurred on *****, 2007. If the request is not satisfied after a further calendar month, your company commits an offence. Therefore on ********** 2007 this time limit will have expired.

I have still neither received a copy of the agreement as required by S78 Consumer Credit Act 1974, nor any other information relating to same. As such, this account has become unenforceable by law. As you are no doubt aware subsection (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.

As such, now that the 12 working days have expired (from your receipt of the request for the agreement and supporting documents) the account is now in dispute. Whilst it remains in dispute the agreement is unenforceable.

Whilst it is unenforceable, no interest is to be added to the account. No action can be taken against me. No adverse credit references or defaults can be listed against me with Credit Reference Agencies. The account cannot be passed to a Debt Collection Agency. And lastly, I am not obliged to make any further payments to the account. Essentially, the account is ‘held’ as it was on the date of the CCA request expiring (****, 2007)


Data Protection Act (Data Protection Act 199

Furthermore, under the Data Protection Act (D10), you are also denied the authority to pass on any of my personal data. To do so in the circumstances is I understand a breach of the Data Protection Act 1998, and also the OFT guidelines, and should you ignore my request it would again result in you being further reported to the relevant authorities.

I also require that you remove all my data from your files within the next 7 days and look forward to receiving a letter from you within 10 days confirming that you have complied with this request.

Yours faithfully,

weightgain

so, before I fire this off tomorrow (Tuesday) is the general concencious that I do indeed send the letter off ?? Just being a little apprehensive for some reason....

tealady

YES!!! Send it (Sorry forgetting my manners I should say Hello 1st). It is vital you show these people you know what you are talking about. There are companies who buy unenfoceable debts for a few pennies and try to screw someone over (sorry persuade) someone to cough up for a non- enforceable debt.

weightgain

righto!! Off it goes tomorrow... Will update as soon as....

weightgain

Just need to check something ;

I wrote to you by Recorded Delivery ( Ref DW 0000 0000 0GB) on 16/05/08 asking for a copy of the above agreement together with the relevant information under Section 77-79 of the Consumer Credit Act 1974, enclosing a 1.00 postal order as the fee payable. This letter was delivered and signed for on 19/05/08.

The Consumer Credit Act allows 12 working days for this request to be carried out before your company enters into a default situation. This occurred on 31/05/08 . If the request is not satisfied after a further calendar month, your company commits an offence. Therefore on 16/06/08 this time limit will have expired.

The first and second date are easy - sent and recieved by the company.

The 3rd date - 31/5 is 12 days after the letter was recieved.
The last date is the month expiry.

Does that look right ?? I'm majorally confused - I believe the letter should go ASAP but it's freaked me out that they have a month to respond.............Anyone help ?