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

GeorgeUK

Sorry - rushed through the reply a little as on rereading the thread it sounded a little mixed up.

Right - from the top

I sent a letter to simplybe about a debt ive been paying monthly to them on a payment plan (with reliable collections) who is part of their company.. The letter i wrote asked for my signed credit agreement.. they sent me a letter saying they dont have this, but sent an agreement (no sig from me) along with statements from when i opened account years ago.. and also said in the letter they can not force me to pay etc etc..

This was the part that threw me. I wondered if it was an application form rather than a credit agreement they had sent you.

As rayday's link for national debtline states

Catalogue debts are usually regulated by the Consumer Credit Act 1974, unless the agreement requires less than 5 payments in 12 months, or where the credit you have been given has never been more than £50. The Consumer Credit Act 1974 requires a written credit agreement which must be signed by both the borrower and the lender.

I had read somewhere that a CCA may still be valid without the borrowers signature but have not been able to find this again. If they themselves say they can't provide you with an "executed agreement" then my knee jerk reaction was unwarranted - sorry about that, just paniced a bit.

It has now been more than 12+2+30 days and they are committing a criminal offence by writing to you.

If you have not yet sent the 12+2+30 day letter then please do so. Add this paragraph before the last sentence. I believe that entire letter was a Weller special.

Data Protection Act (Data Protection Act 1998)

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.

You don't have a default on your credit file for this debt, do you? If you do you should also be insisting that this is removed.

Again, sorry for jmping off the deep end there - i just saw you mention they had sent a CCA and went a bit bananas.

Edit: If they continue to send any letter after this, definately complain to all the governing bodies, but i would also send a letter to the director of the company so that he is aware of what his staff have been doing. They have admitted they do not have an executable agreement but are ignoring the legislation governing debt collection and their legal duties.

redpoison

ahh thanks for that george

I have actually already sent them this letter (recorded and its been signed for) yet they are still harrassing me.. ? this is what i am asking now what my next step would be?

Data Protection Act (Data Protection Act 1998)

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.

oh the stress! lol

and yes they are on my credit file, as bad the only debt i may add (rest has been taken off as its longer than 6 years) ..

whats my next approach ?

thanks onece again george you are great

GeorgeUK

I'll have a look at this again tomorrow.

The next letter you send them should state clearly:
What legislation they have breached and how the breach occurred,
How they can rectify this within a set time period including confirmation that the default on your credit file be removed (was it reliable clollections that put it on your file?)
And what your intentions are if they fail to meet your requirements.

And i'll try not to throw any more wobblies.

Hopefully we'll get this sorted soon - and i'll also have a hunt to see who you should be contacting to complain and the nature of the complaint - although i think you are correct that you will need to go through their internal complaints procedure first.

One of the letters asked for details of their complaints procedure didn't it?
Did they provide these details?

Edit: Might also be worth editting your 1st post and changing the title so that people know what the thread is about - now 12+2+30 days is up and you are still receiving demands for payment.

redpoison

Hi george he he this was the last letter i sent them (edited obviousley), and they havent even responded to it (sent recorded and its been signed for) .. stil sending me harrassing letters.. simplybe put me on my credit file! but reliable collections are part of the company just a different departement!

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

GeorgeUK

Not got much time right now - need to do some work.
Basically the last letter you sent was the 12+2 letter.
You could either send the 12+2+30 letter i linked to in post 29 and add that extra paragraph i put on post 33.
Or, the letter you quoted on post 18 - might be worth putting something in about getting the default removed. Haven't found a suitable way to request this though.

I'll also put this link here for reference. There are a few good letters on it that we may be able to select data from if required
http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/106494-argos-card-jb-debt-7.html

redpoison

ahh this is the last letter i sent, just checked my records!! (sorry:eek: )

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

redpoison

bumpety bump :money:

crazychickuk

Hi, i am in the same situation as you, please can you help me get these creditors of my back.

thankyou

GeorgeUK

Crazychick - it would be better if you could start your own thread and tell us what the debts are for and how they are harrassing you. You'll get alot more help that way.

Redpoison - i haven't forgotten about you. As they are ignoring all your letters right now, if you haven't already sent the 12+2+30 day letter to them i'd send it now just to be thorough. I was looking at threads to bossibly appeal against the default on your file and came across this. Makes very interesting reading - just not sure how to apply it yet.
http://www.consumeractiongroup.co.uk/forum/legalities/24013-defaults-proposed-method-removal.html

I'll get back to this later - hopefully we'll have some others looking in and advising soon.

redpoison

the last letter i sent them is in post #38 ..

what action do i take now please? they are still harrassing me..

thanks