Course of action

[DiaShan]

Hi everybody

First off I want to say hi as this is my first post on the site.

Ive been having some trouble with this lot. Randomly earlier in the year I had a default pop up on may credit that was a couple of years old or so it says.

I basically sent them a letter 12 days ago with a postal order for £1 asking for the credit agreement, deed of ownership and ect. So today I got a letter saying that. Tesco mobile could not find the paperwork I requested so, they would not pursue the debt. Although they felt that I owed the debt and were going to leave it on my credit report.

Big things are I never received any form of communication from lowell what so ever. Also I know when I closed the account they say I owe on. Which is a year and a bit before when they say the account defaulted.

So guess what I'd like to know is what do I need to send them in the post now to get them to remove this? Do I need to threaten them with the ombudsman?

Thanks so much for your help in advance.

Daniel

[Kati]

Re: Course of action

[MENTION=48934]Debt Camel[/MENTION] ... any advice??

[DiaShan]

Re: Course of action

Ok I have to go away to the states for some work first thing Monday so thinking of sending this off to them.

Account In Dispute: I DO NOT ACKNOWLEDGE ANY DEBT TO YOUR COMPANY


Ref:


To Whom It May Concern


DO NOT IGNORE THIS LETTER - LITIGATION ADVICE


Thank you for your letter of 22nd of May 2017, the contents of which have been noted.
You have failed to respond to my legal request to supply me a true copy of the original Consumer Credit Agreement for the above account.
On the 15th of May 2017 I wrote to you requesting a copy of the credit agreement and other information under the Consumer Credit Act 1974 (Sections 77-79).
On the 16th of May2017 a member of your staff signed for delivery of my written request and I have an electronic proof of delivery showing their signature and the date.
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 15th of May 2017 I made a formal request for a copy of the signed, executed credit agreement for the above account under section 77(1) 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 your client enters into a default situation.
This period has expired.
As you are no doubt aware section 77(6) states:
If the creditor fails to comply with Subsection (1)
(a) He is not entitled , while the default continues, to enforce the agreement.


Therefore this account has become unenforceable at law.
You have failed to comply with a lawful request for a true, signed copy of the said agreement and other relevant documents mentioned in it, failed to send a full statement of the account and failed to provide any of the documentation requested.
Consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS.
Furthermore I shall counterclaim 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.
Furthermore you should be aware that a creditor is not permitted to take ANY Action against an account whilst it remains in dispute.


The lack of a credit agreement is a very clear dispute 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.

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.
A formal complaint, containing copies of all correspondence including yours, will be submitted submitted to the relevant authorities. Providing the conditions in this letter are not met. This will be relevant to questions of your fitness to hold a licence under the Consumer Credit Act, whether or not it results in a prosecution.
Communicate in writing and ONLY in writing, your telephone calls will NOT be answered.
HOWEVER, CALLS WILL TRIGGER COMPLAINTS TO THE REGULATORY BODIES.
I would appreciate your due diligence in this matter.
I look forward to hearing from you in writing.


Yours faithfully

[seduraed]

Re: Course of action

If the account is for a mobile phone then it is for the supply of service those particular parts of cca don't apply.

[DiaShan]

Re: Course of action

They said it was for unpaid air time. If those don't apply what should I send them then?

[seduraed]

Re: Course of action

Try a subject DATA access request cost of 10 pounds. Eliminate the bit about s77to 79. However if they have issued a claim then there is a lot you can do.

[DiaShan]

Re: Course of action

I can post up what I sent to them and what they sent back if that helps?

[Debt Camel]

Re: Course of action

I am not sure what the point of that long letter is - they have agreed the debt is unenforceable so there is no point in going on at great length about that.

The lack of a credit agreement is a very clear dispute 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.

I don't know where you got this from but I don't think it's right at all. This debt is unenforceable, it still exists and as such it can be sold on and can appear on your credit file.

If you want to dispute there is a debt at all because you can prove you paid it, you need to complain about this to Tesco. Not ask for documentation about enforceability - they have already conceded that point.

[DiaShan]

Re: Course of action

I forgot to mention that the balance on the account said £0 on the letter they sent. So to me that looks like they acknowledge there was no debit. I just really want to know what to send them to have it taken off my credit report. Failing that how do I get them to put a more realistic default date on it. As the one they have is well over a year after I closed the account.

Thanks again for all your help!!

[MIKE770]

Re: Course of action

if sold creditor will state £0 as sold a new buyer will add an amount in default as original the only change is the owner rest stays the same regarding bought defaults as far as removing will not happen if a true record