Hillside securities and information under the 1974 consumer credit act

[gillwall]

H L/B'
Can some one advice me plaese,
I requestes information under the 1974 consumer credit act, with regars Hillside securities apporximatley three months ago.
I have to day received a letter stateing

'That due to the age of the account thr original executed agreement is no longer availabl, however the enclosed reconstituted copy is sufficient to satisfy the Consumer Credit Act 1974 regulations. However we will be happy to supply a full copy of all staements to a judge when required in court.

They have sent me a copy of the 19774 credit agreement regulations and a copy of an account sale agreement.

What do you suggest.
Thank you
gillwall

[dave27]

Re: Hillside securities and information under the 1974 consumer credit act

when they say

'That due to the age of the account the original executed agreement is no longer available,

1. how old is it
2. when did you last make a payment or acknowledge the debt (if ever)

dave

[gillwall]

Re: Hillside securities and information under the 1974 consumer credit act

Hi Dave
The date on the document sent is 15th of December 2006, which is an account sale agreement, between citi cards and hillside securites,.

I have not acknowledged the account.
Thankyou
gill.

[dave27]

Re: Hillside securities and information under the 1974 consumer credit act

Hi Dave
The date on the document sent is 15th of December 2006, which is an account sale agreement, between citi cards and hillside securites,.

I have not acknowledged the account.
Thankyou
gill.

ok,

do you have a copy of the agreement. and when was your last payment on it, if you have not made any payment or admitted the debt for more than 6 years, then it is statued barred.

dave

[gillwall]

Re: Hillside securities and information under the 1974 consumer credit act

Hi Dave
I dont have a copy of the agreement or have I made any payments for a long long time
Thank you
gill

[dave27]

Re: Hillside securities and information under the 1974 consumer credit act

then if your pretty sure you could send them the SB letter,
adjust to suit.

Your full address

The Address of the Creditor/DCA

By Recorded Delivery

Date

I/we* do not acknowledge any debt to you or any other company or organisation that you claim to be representing

Dear Sir/Madam

Acc/Ref No 400000000000000

You have contacted us regarding the account with the above reference number, which you claim is owed by me/ourselves*. I/we* do not acknowledge any debt to you or any other company or organisation that you claim to be representing

I/We* would point out that under the Limitation Act 1980 Section 5 “an action founded on simple contract shall not be brought after the expiration of six years from the date on which the cause of action accrued.”

The last payment of this debt was made over six years ago and no further written acknowledgement or payment has been made since that time.

Unless you can provide evidence of payment by myself/us* or written acknowledgement of the debt from me/us* in the relevant period under Section 5 of the Limitation Act, I/we suggest that you are no longer able to take any court action against us to recover the alleged amount claimed, and should you try to proceed with court action I/we* must inform you that I/we* shall vigorously defend this action in court citing Section 5 as part of our defence.

The OFT Debt Collection Guidance states that “continuing to press for payment after a debtor has stated that they will not be paying a debt because it is statue barred could amount to harassment contrary to section 40 (1) of the Administration of Justice Act 1970”, which again should you try and proceed to court I/we* will also use this as a defence.

We await your written confirmation that no further contact will be made concerning the above account and confirmation that this matter is now closed.

We look forward to your reply.

Yours faithfully



Mr A N Other

[gillwall]

Re: Hillside securities and information under the 1974 consumer credit act

Thankyou, theres a letter on the way to hillside securities

[pompeyfaith]

Re: Hillside securities and information under the 1974 consumer credit act

Gillwall,

Before you send an SB letter you have to make sure it is SB you need to know exactly the date of last payment and whether you have acknowledged the debt in the last 6 years

Otherwise you will look a fool and the DCA will consider you easy game.

So make certain of the facts first and not fall into there hands

[gillwall]

Re: Hillside securities and information under the 1974 consumer credit act

OK, will do, thanks for the advice, how does tis letter read

[FONT='Verdana','sans-serif']Dated

Dear Sirs,

Re: Account number:

This is not a written acknowledgment of monies owing and therefore has no effect for the purpose of section 5 limitation Act 1980.

Thank you for your letter dated 09/11/2010

[/FONT][FONT='Verdana','sans-serif']You have chosen to respond to my CCA section 78 request by providing a reconstituted agreement. Section 78 CCA 1974 provides that the creditor is to supply a “true” copy of the “executed” agreement i.e: the document which was allegedly signed by myself and a representative of the creditor.

As it is denied that I signed the document you have supplied I therefore require you to supply me a “true” copy of the executed agreement.

If you cannot supply a “true” copy of the executed agreement can you confirm whether you intend to rely on the reconstituted agreement for enforcement?

I look forward to receiving your response within the next 7 days.


[/FONT]