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Re: Advice needed please regarding notice of pending legal action
you are going off tangent here = stick to the main proven path, the content if read would mean to a lot of people who even have the time to read as a person with very little knowledge, = use the letters supplied for each and every issue but not mumble jumbled all in one, if I was a clerk I would take one look and say , file 13 this one
Originally posted by julies
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Hi to all,
Just posting my 2pence on this subject.
Wouldn't it be better for the original poster to go on the offense now to the debt collector so to prevent them just selling the debt off to another creditor and therefore having to just repeat all of this process again later?
Maybe state to the debt collector that they have actually committed a criminal offense now as they have not supplied the document within 12+2+30 days and ask them to have the full and final settlement of let's say £10 without admitting the alleged debt or just to have it written off now so you do not report them to the authorities?
Something along the lines of the letter listed below, that I have found on another older thread from another forum....... Do edit out the points that are not relevant to this case obviously
LETTER SAMPLE FOR EDITING
------------
Re: my request under s78 of the Consumer Credit Act 1974.
Thank you for your recent letter sent to me dated **DATE**, the contents of which are noted. However, the reply received by me does not fulfil your requirements under the Consumer Credit Act 1974.
The Act demands that I be supplied with a true copy of any properly executed credit agreement that exists in relation to the above account. I may ask for this on demand providing that a fee of £1.00 is paid. This fee was sent with my original letter, dated **DATE**. Upon receipt of the original request the specified account legally entered into disputed status.
My request remains outstanding. An application form does not constitute a true copy of a credit agreement and that which you sent doesn't even contain all the prescribed terms and is not 'properly executed'.
As you will know, under the Consumer Credit Act 1974, a judge is not permitted to make any enforcement order unless the creditor can provide a true signed copy of the original credit agreement. This means that unless you can produce such an agreement, this alleged debt is not enforceable in law.
You had until **12 days DATE** to provide me with the true copy I requested. After that date you entered into default of my request. Whilst the account is in dispute, you are not permitted to ask for any payment, nor am I obliged to offer any payment to you. Furthermore, whilst the dispute remains, you are not entitled to charge any interest on the account, nor make any further charges to the account. Additionally, you are not entitled to register any information on this account with any credit reference agencies (or any third party).
To register information with a credit reference agency, you must have written consent from the data subject to collate and share such information. This consent is given in the form of a signed credit agreement, so until you produce such an agreement, you may not do this.
The requirement for consent to share data is a clear requirement of the Data Protection Act 1998. Any such attempts to share my data without my consent will be met with a complaint to the Information Commissioners Office.
The time limits, which are laid down in the Consumer Credit (Prescribed Periods for Giving Information) Regulations 1983 are clear. You must supply an executed credit agreement within 12 working days of a proper CCA request. If you fail to comply with a legitimate request the account enters a default situation and if you fail to comply after a further 30 days you commit an offence. You entered into a default on **12 Days DATE** and will commit a criminal offence on **MONTH DATE** is the requested document is not supplied.
You therefore have until **30 days date** to contact me with your intentions to resolve this matter which is now a formal complaint, otherwise your conduct will be reported to the Office of Fair Trading, the Financial Ombudsman and Trading Standards. Any investigation undertaken by them may affect your ability to hold a consumer credit license in the future.
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.
To sum up, I will not be making any further payments to you until you provide me with the document I have requested. Should you not have any signed credit agreement in relation to this alleged debt, please confirm this in writing to me.
I would appreciate your due diligence in this matter.
I look forward to your reply.
Yours faithfully
Just posting my 2pence on this subject.
Wouldn't it be better for the original poster to go on the offense now to the debt collector so to prevent them just selling the debt off to another creditor and therefore having to just repeat all of this process again later?
Maybe state to the debt collector that they have actually committed a criminal offense now as they have not supplied the document within 12+2+30 days and ask them to have the full and final settlement of let's say £10 without admitting the alleged debt or just to have it written off now so you do not report them to the authorities?
Something along the lines of the letter listed below, that I have found on another older thread from another forum....... Do edit out the points that are not relevant to this case obviously
LETTER SAMPLE FOR EDITING
------------
Re: my request under s78 of the Consumer Credit Act 1974.
Thank you for your recent letter sent to me dated **DATE**, the contents of which are noted. However, the reply received by me does not fulfil your requirements under the Consumer Credit Act 1974.
The Act demands that I be supplied with a true copy of any properly executed credit agreement that exists in relation to the above account. I may ask for this on demand providing that a fee of £1.00 is paid. This fee was sent with my original letter, dated **DATE**. Upon receipt of the original request the specified account legally entered into disputed status.
My request remains outstanding. An application form does not constitute a true copy of a credit agreement and that which you sent doesn't even contain all the prescribed terms and is not 'properly executed'.
As you will know, under the Consumer Credit Act 1974, a judge is not permitted to make any enforcement order unless the creditor can provide a true signed copy of the original credit agreement. This means that unless you can produce such an agreement, this alleged debt is not enforceable in law.
You had until **12 days DATE** to provide me with the true copy I requested. After that date you entered into default of my request. Whilst the account is in dispute, you are not permitted to ask for any payment, nor am I obliged to offer any payment to you. Furthermore, whilst the dispute remains, you are not entitled to charge any interest on the account, nor make any further charges to the account. Additionally, you are not entitled to register any information on this account with any credit reference agencies (or any third party).
To register information with a credit reference agency, you must have written consent from the data subject to collate and share such information. This consent is given in the form of a signed credit agreement, so until you produce such an agreement, you may not do this.
The requirement for consent to share data is a clear requirement of the Data Protection Act 1998. Any such attempts to share my data without my consent will be met with a complaint to the Information Commissioners Office.
The time limits, which are laid down in the Consumer Credit (Prescribed Periods for Giving Information) Regulations 1983 are clear. You must supply an executed credit agreement within 12 working days of a proper CCA request. If you fail to comply with a legitimate request the account enters a default situation and if you fail to comply after a further 30 days you commit an offence. You entered into a default on **12 Days DATE** and will commit a criminal offence on **MONTH DATE** is the requested document is not supplied.
You therefore have until **30 days date** to contact me with your intentions to resolve this matter which is now a formal complaint, otherwise your conduct will be reported to the Office of Fair Trading, the Financial Ombudsman and Trading Standards. Any investigation undertaken by them may affect your ability to hold a consumer credit license in the future.
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.
To sum up, I will not be making any further payments to you until you provide me with the document I have requested. Should you not have any signed credit agreement in relation to this alleged debt, please confirm this in writing to me.
I would appreciate your due diligence in this matter.
I look forward to your reply.
Yours faithfully
you are going off tangent here = stick to the main proven path, the content if read would mean to a lot of people who even have the time to read as a person with very little knowledge, = use the letters supplied for each and every issue but not mumble jumbled all in one, if I was a clerk I would take one look and say , file 13 this one
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