Solicitors Letter Help!

[vintagekatyjane]

Re: Solicitors Letter Help!

Thanks for your replies. The charges are from 2006-2010, I did think about the interest, but to be honest I just want it sorted and them off my backs as I have alot to try to deal with and find it difficult with my health.

Thanks your all fab so glad I found this forum...middenmess I posted my letter this afternoon recorded delivery with the added content you so kindly helped me with

[middenmess]

Re: Solicitors Letter Help!

Thanks for your replies. The charges are from 2006-2010, I did think about the interest, but to be honest I just want it sorted and them off my backs as I have alot to try to deal with and find it difficult with my health.

Thanks your all fab so glad I found this forum...middenmess I posted my letter this afternoon recorded delivery with the added content you so kindly helped me with

Fingers crossed that it will soon be all over:tinysmile_grin_t:

[di30]

Re: Solicitors Letter Help!

Good luck to you and fingers crossed it will all be resolved very soon.

And please do come along on the thread I posted above earlier today when your up to it. X

[vintagekatyjane]

Re: Solicitors Letter Help!

I got a letter from Triton on behalf of Mint saying they acknowledge my letter and the content but if I don't ring them and tell them how I'm going to pay them they will take legal action.

help??

[Caspar]

Re: Solicitors Letter Help!

Hi There,
Sorry, can't get this to justify to the left!


Firstly do not worry! The first rule of thumb when you get a letter from a debt collection agency DCA is to file it and ignore it and wait to see if they send anything further.



In the meantime I'd personalise the letter below and send that to Mint / RBS. They know you're disputing the account, if not make sure you specify that in this letter. This then makes their actions wrong.


The letter asks them to recall the debt from the DCA (if you read it carefully I bet it is full of we MAY do this, this MIGHT happen etc... that doesn't mean it WILL).

Hope this helps, if not just post again!

David

xx

Letter to recall a debt from a DCA (Account in Dispute)

Your Address
Date

Company Name & Address




REF ACCOUNT NUMBER: XXXXXXX

Dear Sir / Madam,

I am in receipt of your letter dated in which you informed me that you have referred my account to xxxxxxxxxxxxxxxx for recovery of the debt.

This account is in dispute. As you are no doubt aware to refer an account which is in dispute, is a clear breach of the BankingCode, of which you are a member.

I also note from your letter that you have registered this information with credit reference agencies. You have a responsibility in law to ensure that personal data that you hold is accurate, relevant and up to date. The fact that this matter is in dispute is both relevant and makes any entry on a credit file inaccurate.

I consider these matters to be a serious breach of both the Banking Code and the Data Protection Act. I require that you immediately remedy this situation by:-

Recalling the debt from xxxxxxxxxxxxxxxxxxxxx Ltd
Removing any reference to this debt from any credit reference file
Inform me in writing within 7 days that you have done this and forward to me copies of all correspondence relating to this.

If the above is not done within 7 days, I will make a formal complaint under the Banking Code and to the Information Commissioner.

Yours faithfully,

[vintagekatyjane]

Re: Solicitors Letter Help!

Thanks David, I sent a letter to Mint, Triton and the solicitors basically saying talk to each other as per middenmass' help, all recorded delivery. I will send the letter above to them. more stress!!

xx

[Caspar]

Re: Solicitors Letter Help!

Not more stress - try and look on it as a game of chess with each trying to out-manouvre the other. Just remember with the help of this site you're a Grand Master!

I would send this to Mint. If you really want cc the solicitors. I would not send it to the DCA - you really don't want them involved!

David
xxx

[vintagekatyjane]

Re: Solicitors Letter Help!

I've received a letter from DCA asking me to ring them! I have also received a letter from Mint saying they will not refund the charges as the charges are in line with the OFT guidelines...where do I go from here?

They have also said they have sent a copy of my letter to DCA who will contact me separately I presume this is the letter saying ring us!!

xxx

[Judge mental]

Re: Solicitors Letter Help!

Here is a letter you might consider sending to Mint in reply, hope it helps.

Regards

Stuart

.................................................. .................................................. .................


Account Number xxxxxxx

Account in dispute.

Further to our recent correspondence in respect of a disputed debt.

The matters in dispute are that the charges applied to the account are not consistent with legislation and regulations and established common law.

In the OFT Guidance on credit card charges published in 2006 it clearly states that default charges should not exceed the reasonable administrative costs incurred as a direct result of the breach.

This dispute shall remain until you either -

a) Provide a full breakdown of each of the charges imposed showing clearly the cost of each component/process which makes up the charge, or

b) Provide a full refund of the charges and any interest added on those charges.

Failure to provide the requested information would be considered to be unfair practices according to the Guidance on the collection of debts issued by the office of Fair Trading which states -
2.8 (i) failing to investigate and/or provide details as appropriate, when a debt is queried or disputed, possibly resulting in debtors being wrongly pursued

The OFT Guidance also provides that whilst an account is in dispute, you are not entitled to demand payments, add interest or default charges, pursue enforcement or collection activities and pass on my details to any third party including Credit reference agencies.

I request that all future correspondence in this matter is in writing only so I am able to provide a considered responses.

Thank you in anticipation of your co-operation.

[Caspar]

Re: Solicitors Letter Help!

I've received a letter from DCA asking me to ring them! I have also received a letter from Mint saying they will not refund the charges as the charges are in line with the OFT guidelines...where do I go from here?

They have also said they have sent a copy of my letter to DCA who will contact me separately I presume this is the letter saying ring us!!

xxx

Hi, firstly DO NOT RING THEM!

Right, I have read the letter below and would send it, but with a prefix stating Firstly may I refer you to my letter dated........ to which I would respectfully ask for a reply.

Secondly.....(do this letter)

Next thing may be to get a bit tougher with them. Let's see how they respond and knowing you a bit now, do not worry.

A couple of golden rules for DCA's:
1. If they can't be bothered to write to you, you have nothing to say to them.
2. Always ignore their first letter.

Keep everything as evidence. They're gradually digging a nice hole for themselves here. You've stated it's in dispute. This means they cannot continue enforcing it until the dispute is resolved. They've breached the Data Protection Act 1998 by passing on your details to a third party without your consent.

Finally, when did you send my last letter. If the 7 days are up do as you said you would at the end.

But above all, no stress, don't worry, we'll look after you!

David
xx

[vintagekatyjane]

Re: Solicitors Letter Help!

Thanks David I am sending your letter today, I have had a reply from Simply Be they have refunded my charges direct to my account so still some outstanding money owed to them.

Should I send both letters together?

xx

[middenmess]

Re: Solicitors Letter Help!

You've stated it's in dispute. This means they cannot continue enforcing it until the dispute is resolved.
Read more at: Solicitors Letter Help! - Legal Beagles Consumer Forum

IMO-Until they agree or admit that the account is in dispute--which will probably be on the twelfth of never-- they will continue collection activities.

They've breached the Data Protection Act 1998 by passing on your details to a third party without your consent.

Read more at: Legal Beagles Consumer Forum - Reply to Topic

IMO-You gave them that permission when you applied for the account.

[Angry Cat]

Re: Solicitors Letter Help!

I've received a letter from DCA asking me to ring them! I have also received a letter from Mint saying they will not refund the charges as the charges are in line with the OFT guidelines...where do I go from here?

They have also said they have sent a copy of my letter to DCA who will contact me separately I presume this is the letter saying ring us!!

xxx

I've had more of those, than you've had hot dinners LOL!

[Caspar]

Re: Solicitors Letter Help!

Thanks David I am sending your letter today, I have had a reply from Simply Be they have refunded my charges direct to my account so still some outstanding money owed to them.

Should I send both letters together?

xx

Sorry katyjane, when you say both letters, what do you mean? You may have misunderstood my post. I was suggesting that you add something along the lines of what I wrote at 15.27pm to the letter posted at 14.49pm. If it's something different I'm confused (not hard to confuse me - you have to bear with me!!!!) so could you please specify.
Don't contact the DCA at all for now. Never speak to them on the phone - full stop. Ignore first letter, respond to second letter depending what is in it.

I'm out now till 10pm, but will check in for an answer on my return - I'm not ignoring you, just not here!

David
xx
------------------------------- merged -------------------------------
Apologies if I'm being bolshy, but please can we keep this thread to the facts with no quips. The OP is VERY nervous about her situation and needs just the information she needs, nothing else.

Sorry, but feel a bit protective to dear Katyjane!

David

[vintagekatyjane]

Re: Solicitors Letter Help!

Sorry, I meant the letter you suggested to me last week and also the one suggested today, thanks again for your help

Thanks for the little bit at the end David

xx