debt agencies collectors

[Amy]

Re: debt agencies collectors

Have you sent the harassment letter yet?

http://www.legalbeagles.info/forums/showthread.php?t=81

[travelgirl]

Re: debt agencies collectors

well not a word from jd williams nothing at all so it has left me wondering what there next move is?
cabot think i got it right well they phoned me last week asking for vanquis payment in full i told them what had been happening and they said they will contact CAB themselves ive not heard any miore from them so what do i send them i have sent vanquis hardship expenditure same to jd williams but they refuse to write of the debr
hugs
TG

[travelgirl]

Re: debt agencies collectors

hi all well i still have not heard anything at all from jd williams
are they just waiting till they pounce on me again or not
im not to sure
ty for helping
now im trying to find the welcome fiance thread be back soon hugs
tg

[travelgirl]

Re: debt agencies collectors

oh no jd williams has now sent letter they are refering me to moorcroft then a door step collection
help what do i do please
hugs
tg

[Curlyben]

Re: debt agencies collectors

Other than laugh at them.
I assume JD still haven't complied with your CCA ?

[travelgirl]

Re: debt agencies collectors

hi curlyben,
all they sent was papers and the same as u no signing of an agreement etc
not heard in ages had silly replies from them well not silly ones yeah stupid none of which made sence like yourself and i just left well alone and out of the blue yesterday there it was so what do i do now
apart from laugh at them lol
tg

[Curlyben]

Re: debt agencies collectors

Nowt to worry about really, just wait and see who they pass it to and we'll deal with them from there.
Bear in mind No CCA = No Enforceable debt.
Basically they are on to a looser with this one.

[travelgirl]

Re: debt agencies collectors

they have now jd williams started sending statements again and a letter to let me know they are refering me to debt agency collectors
what do i do or say to them
please help needed on this one
tyvm
tg

[natweststaffmember]

Re: debt agencies collectors

BUMP on this one

[Curlyben]

Re: debt agencies collectors

Ok TG throw this at JD and see what they have to say for themselves:

Account In Dispute

Ref:

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 copy of the original Consumer Credit Agreement for the above account.

On the **DATE** I wrote to you requesting a copy of the credit agreement and other information under the Consumer Credit Act 1974 (Sections 77-79).

On **DATE** 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.

To date you have failed to comply with these requests in any way, whether by confirmation of receipt of the request or by supplying the requested documents.

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 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 limit 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.

As 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.
* You may not issue a default notice related to the account.

After taking advice, I am of the opinion that your continued pursuit is in violation of the Administration of Justice Act 1970 section 40, Protection from harassment Act 1997 section 3 as well as breaching a number of the OFT Collection Guidelines.

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.

I would appreciate your due diligence in this matter.

I look forward to hearing from you in writing.

Yours faithfully
BLAH

[travelgirl]

Re: debt agencies collectors

thankyou so much will keep you updated as and when i get a reply
tyvm
tg

[travelgirl]

Re: debt agencies collectors

ty all for your replies no i didnt know about a harrisment letter lol
ok i have heard ziltch from jd williams since sending the letter to them as sujjested from here and now i have recived a letter from moorcroft legi.......................
i have told them that it is in dispute but moorcroft still sent the letter and threatning to call to my house and court costs they have added
cabot is for vanquis
hugs
tg

[travelgirl]

Re: debt agencies collectors

hi curly ben i sent the letter to them and now got one back from the solicitors 1st one from her and stateing by law they dont have to prove a signed agreement etc i am going to post it when i have copied it if not i will hand type it it basical is the same one everyone gets from jd 's solicitors
------------------------------- merged -------------------------------
i sent them the letter you did for me above a while ago