now 12+2+30 days is up and iam still receiving demands for payment.

redpoison

hi yes i did, i heard nothing, i sent them a letter yet again recorded delivery with proof of sig then i had the agreement sent to me (unsigned) with statements of all transactions since starting (years and years ago) and also al etter from them basicly sayign they know i do not have to pay etc..

so that was that i ignored them ever since till today ?

want to write them a letter basiclly telling them to stop harrassing me or i will prosecute? but dont know how to word it ?

GeorgeUK

You may want to try amending the 12+2 letters in this thread (there are 2 versions). Sorry not got time to try myself - a bit busy right now.
http://forums.moneysavingexpert.com/showthread.html?p=11570525#post11570525

redpoison

thanks george checking it all out now

GeorgeUK

Can you tell us exactly what the last letter they sent to your said?

redpoison

I was happily paying the debt back to reliable collections (on behalf of simplybe) of an agreed amount of £50 a month, then i get a statement and it stated £48.99 credit charge (which i used to get when i was with simplybe hence requesting to go over to reliable colelctions to get all interest froze), and customer services upon ringing them denied this (it was infront of me in black and white) so this was making my balance go up, i rang national debt line and they adviced me to request my signed copy agreement etc and they can not chase me if they can not provide me with this. I have since recieved 2 further statements with £48.99 credit charge.

OK here is a bit of the letter they sent me with my UNSIGNED credit agreement and statements after my request with £1 postal order:

Please find enclosed a detailed breakdown of the account dating back to january 2003, which includes transactions against the account, for your information

The absence of an executed agreement will affect our ability to persue this matter through courts, but not our right to seek payment through our normal collections methods, short of court proceedings.

i then did not reply, and have recieved 2 statements from them along with the odd letter asking me to contact them by phone and pay debt in full within 48 hours etc..

This is the letter i came home too (after being a way)..

Your contact in this matter is unacceptable and will not be tolerated. Our client has delivered goods to your address and little effort has been made to pay for them. We are currently considering further steps to recover this debt.

Take notice that a payment needs to be paid within the next 48 hours to prevent further action.


national debt line adviced me i have 3 options:

1) write to them stating i do not have to pay for the goods as i have no signed an agreement and you could not proove that i did however, and out of a good will gesture i will pay for goods only if you take off all interest and charges of my balance since i been with you..

2) ignore all letters as i do not have to respond as they could not supply me with a signed agreement. nor can they take further action because of this.

3) write to them again stating i would like them to leave me alone as they wrre unable to send me a copy of my signuture on an agreement, and therefore they are harrassing me for a debt thats uninforcable or i will take it further under section blah blah..

i would liek to go with option 3)

can anyone help please?

thankyou

redpoison

Thanks just copied and pasted the letter, does this sound ok?

ACCOUNT:xxxxxxxxxx

Dear Sir/Madam,


I refer to my recent correspondence with your company concerning an alleged debt.

I note with incredulity that you are still sending me statements of account and letters in relation to this alleged debt.

As You have failed to comply with my Consumer Credit Act request and admitted that the alleged signed executed agreement is unavailable, enforcement action is impossible under section 127 (3) of the Act.

This account is unenforceable at law and it is now my intention to refer this matter to the enforcement authorities.

If You make any further contact regarding the alleged account I will initiate legal action and file reports with the appropriate authorities, including, but not limited to, Trading Standards, Office of Fair Trading, Information Commissioners Office, Financial Ombudsman Service and possible court action.

It is also my belief that your continued pursuance of this matter constitutes an offence under Section 40 of the Administration of Justice Act 1970.

Failure to respond favourably to this letter within fourteen (14) days of receipt will result in immediate litigation being commenced against your company without further notice.

To explicate; I require that you cease ALL activity corresponding to the alleged account immediately.

I also require a copy of your internal complaints procedure as further action may be necessary.

If you do not understand any of the contents of this letter you should consult a qualified solicitor

I look forward to hearing from you in writing.

Regards

GeorgeUK

I've amended slightly the 12(+2) day CCA template letter. You may want to have a read through and see if this covers everything.

Dear Sir/Madam,

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 signed copy of the original Consumer Credit Agreement for the above account.

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 Sections 77-79 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 you enter into a default situation.

These limits have expired.

As you are no doubt aware section the Consumer Credit Act 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 is in dispute and has become unenforceable at law 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.

Essentially, the account is ‘held’ as it was on the date of the CCA request expiring (****)

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

Furthermore I shall counter-claim 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.

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.

Please supply me with a copy of your complaints procedure in writing.

I would appreciate your due diligence in this matter.

I look forward to hearing from you in writing.

Yours faithfully

From the letter they have sent, this seems to suggest that they are aware that the debt is unenforcable.

The absence of an executed agreement will affect our ability to persue this matter through courts, but not our right to seek payment through our normal collections methods, short of court proceedings

In other words they know that going to court may not be an option, but will continue with their normal collections method. ie asking you to pay.

Are they aware that you will be going overseas soon? Not sure if that will have any bearing in their response.

redpoison

wow thanks george great letter, am going to print it out and send it them..

i understand it all though except this bit? (sorry to sound dim)

Essentially, the account is ‘held’ as it was on the date of the CCA request expiring (****)

I am not moving overseas just moving 200 miles away out of wales and into lovely leicester .. cant wait..

GeorgeUK

That line basically means - the account should be frozen, incurring no charges or interest from the date the CCA was due to be sent to you.

I can't take credit for the letter. Someone else worked the magic, i just trimmed it a bit to make it more relevent to your situation.

Make sure to fill in the missing dates and double check there is nothing missing or added in that shouldn't be.

redpoison

thanks so much for the help george your a star will update if i he ar from them again..

moving in 3 weeks (will get all mail directed without telling company)..

thanks again