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

weightgain

Just wondering if anyone can have a read through and give me the thumbs up or down - this is my letter to go off to Assest Link - 3 main points are it's in dispute so you can't pass it on, issues around the specimen signiture (Not sure if I need to get rid of s.77 or 78 ?) and the points at the end of the letter talk about monies I've paid being returned to me - I haven't paid any to this company that I recall so do I just leave in or take out ??
Many thanks in advance.....


oh and do the dates look ok ?? I'm terrible with them.....:o


Dear Sir/Madam

Re:−
Your Client Ref:

I do not acknowledge any debt to your company

In your letter dated 30th May 2008 you make reference to requiring my specimen signature before you comply. I draw your attention to the fact that the Consumer Credit Act 1974 does not require that i supply you a copy of my signature before you comply with my S77/78** request.

I would also like to remind you, as I'm sure you are aware while my Consumer Credit Act request remains in default, enforcement action is NOT permitted, under s127 this constitutes a complete defence at law.

I refer to my letter dated 16th May 2008 which was delivered via Recorded Delivery to your offices on 19th May 2008.

You have failed to acknowledge this request by not supplying the requested documents. The documents I requested should be readily available as proof of your legal right to collect this account.

In my letter of the 16th May 2008 I made a formal request for a copy of the signed, executed credit agreement for the above account under Section 77(1) and Section 78(1) of the Consumer Credit Act 1974 and a true signed copy of the Deed of Assignment. In addition a full statement of my account should have been sent to me detailing all debits and credits to the account from the time Assest Link purchased this account, along with any other documents mentioned in the credit agreement.

You are reminded that you are obliged to supply these documents, whether you are the original creditor or not, as defined under Section 189 of the CCA 1974.

The Consumer Credit Act allows 12 working days for this request to be carried out before your company enter into a default situation. If the request is not satisfied after a further 30 calendar days, your company commit an offence. These time limits expired on 31st May 2008 and 30th June 2008 respectively.

As you are no doubt aware, Section 78(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.

Therefore on 1st May 2008 this account became unenforceable at law and no further payment will be made by myself to the account, as you have failed to comply with a request for a true signed copy of the said agreement, and other relevant documents mentioned in it, and failed to send a full statement of the account and failed to provide a true copy of the Deed of Assignment, under the relevant sections of the Consumer Credit Act 1974. Further, i do not acknowledge any debt to Assest Link.

I require the following action from Assest Link :

1. All payments made to date to Assest Link for this account should be refunded in full, including interest at the rate of 8% per annum.

2. Removal of all defaults entered by Assest Link. Note this is to be a complete deletion and not merely an amendment.

3. I look forward to compensation under Section 13 of the Data Protection Act 1998 to be offered for the processing of my data in the manner it has been done over the past number of years.

4. After a full refund of all payments with interest and compensation are received by myself, you will be required under Section 10 and Section 12 of the Data Protection Act 1998 to cease and desist all manual and automatic processing of my data within your company and any other company within your group.

If you do not respond positively to my request, court action may be taken under Section 14 of the Data Protection Act 1998 to force Assest Link or any other company within the group to comply with the refund of all monies paid, removal of all defaults maintained and compensation for damage and distress as a result of unlawful data processing. I may also pass the matter to the relevant enforcement authorities including, but not limited to, the OFT, the Information Commissioners Office, Trading Standards, the CSA, the FOS and my local MP.

I look forward to your reply within 14 days to resolve the matter amicably.

RAS

leave out the section on debt repayments. That was a weller special. In at least one instance, she had paid a debt that was not hers and got it returned.

weightgain

Thanks - does this look better ?

edit - redid it as missed something

Dear Sir/Madam

Re:−
Your Client Ref:

I do not acknowledge any debt to your company

In your letter dated 30th May 2008 you make reference to requiring my specimen signature before you comply. I draw your attention to the fact that the Consumer Credit Act 1974 does not require that i supply you a copy of my signature before you comply with my S77/78** request.

I would also like to remind you, as I'm sure you are aware while my Consumer Credit Act request remains in default, enforcement action is NOT permitted, under s127 this constitutes a complete defence at law.

I refer to my letter dated 16th May 2008 which was delivered via Recorded Delivery to your offices on 19th May 2008.

You have failed to acknowledge this request by not supplying the requested documents. The documents I requested should be readily available as proof of your legal right to collect this account.

In my letter of the 16th May 2008 I made a formal request for a copy of the signed, executed credit agreement for the above account under Section 77(1) and Section 78(1) of the Consumer Credit Act 1974 and a true signed copy of the Deed of Assignment. In addition a full statement of my account should have been sent to me detailing all debits and credits to the account from the time Assest Link purchased this account, along with any other documents mentioned in the credit agreement.

You are reminded that you are obliged to supply these documents, whether you are the original creditor or not, as defined under Section 189 of the CCA 1974.

The Consumer Credit Act allows 12 working days for this request to be carried out before your company enter into a default situation. If the request is not satisfied after a further 30 calendar days, your company commit an offence. These time limits expired on 31st May 2008 and 30th June 2008 respectively.

As you are no doubt aware, Section 78(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.

Therefore on 1st May 2008 this account became unenforceable at law and no further payment will be made by myself to the account, as you have failed to comply with a request for a true signed copy of the said agreement, and other relevant documents mentioned in it, and failed to send a full statement of the account and failed to provide a true copy of the Deed of Assignment, under the relevant sections of the Consumer Credit Act 1974. Further, i do not acknowledge any debt to Assest Link.

I require the following action from Assest Link :

1. Removal of all defaults entered by Assest Link. Note this is to be a complete deletion and not merely an amendment.
2. You will be required under Section 10 and Section 12 of the Data Protection Act 1998 to cease and desist all manual and automatic processing of my data within your company and any other company within your group.

If you do not respond positively to my request, court action may be taken under Section 14 of the Data Protection Act 1998 to force Assest Link or any other company within the group to comply with the removal of all defaults maintained and compensation for damage and distress as a result of unlawful data processing. I may also pass the matter to the relevant enforcement authorities including, but not limited to, the OFT, the Information Commissioners Office, Trading Standards, the CSA, the FOS and my local MP.

I look forward to your reply within 14 days to resolve the matter amicably.

weightgain

Oh and is it s77 or 78 I need to delete from the first paragraph?

GeorgeUK

Here's what's referred to under S77/78
http://forums.moneysavingexpert.com/showpost.html?p=1226844&postcount=10

So it will depend on the type of debt it is.
As you refer to 78 seperately in the letter, I would personally just leave it as "before you comply with my request".

weightgain

Received a follow up letter from Lowell Portfolio - it seems they are enquiring about £100 odd from a old bank account of mine.

They returned my postal order saying that as it's a bank account it is exempt - is it worth me just paying this to settle it?

weightgain

Anyone any thoughts ??

GeorgeUK

The debt from Lowell - is this a "new" debt?
Does this relate to an overdraft? This is the only thing that may not require a cca.

Would this debt be statute barred (6 years since last payment?)
Edit: When you sent the letter to lowell - was it a cca request and did you request a statement of account at the same time? If so then they are still required to send this.

weightgain

Hi GeorgeUK. I believe this relates to a overdraft, yes.

I sent the usual template for requesting a CCA. I believe this fell through the 'gaps' along with the other debt from my previous marriage split up / leaving area. I wasn't trying to avoid it at all.......