Debt Questions forum. General questions on debt issues.

Moderators: TalbotWoods, JaneClack

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By Gazza1912
#178771 I am unsure of the procedures in Scotland, Wales and Ireland, but certainly in England, they CANNOT register your details with CRAs, unless they have actually bought the debt outright.
By Indebted
#191456 Just received a letter from this bunch saying they are coming round to collect the outstanding balance. Make sure I leave the rottweiler out in the garden. :mrgreen:
By Chris23
#472766 I've taken the liberty of combining, toning down (a bit) and cleaning up Gazza's excellent two letter. (Apologies to Gazza - but it had to be done!) I'll post my version here. No doubt a moderator will decide if it's appropriate. I'm being harassed by IJ. Just sent this to them. Worth a try. Many thanks to Gazza. Wouldn't have had the foggiest otherwise.

Without prejudice: I do not acknowledge any debt to your company, or to any of your associated companies, or to anyone else acting upon your behalf, or to anyone you claim to be acting on behalf of. Please send me the documents requested below before I will correspond with you any further in this matter. Please note that at this stage I am disputing any alleged debt, and any court action you may be considering will be strongly contested.

1. Documents you are obliged to supply under the Consumer Credit Act 1974

1.1. Please supply me with a true signed copy of any alleged agreement in relation to any alleged debt. You are obliged under Section 78 (1) of the Consumer Credit Act 1974 to supply a copy of the original agreement. You are also required to provide a fully itemised statement of account.

1.2. Please supply me with a signed true copy of the deed of assignment of the above referenced agreement, if any such agreement exists.

1.3. You are notified that you are obliged to supply these documents, whether you are the original creditor or not under Section 189 of the Consumer Credit Act 1974.

Non-compliance with my request is a criminal offence under the above Act and will result in a report being submitted to the relevant statutory authorities.

A ‘credit agreement' that is not properly documented and signed by the customer is unenforceable under the Consumer Credit Act. The lack of it is therefore a complete defence to any court claim that is issued.

Please find enclosed a postal order for £11.00. This amount includes the £1 statutory fee for the above documentation. Please send a receipt for this amount by return of post. Please note: this amount is not a payment towards any alleged debt.

2. Documents you are obliged to supply under the Data Protection Act

Please supply me with a complete list of transactions and charges relating to this alleged account from the date it was first opened to the date it was closed, or passed to your company. This includes the account history prior to the sale of the debt to your company. Please supply me with a copy of any default notices you hold.

Additionally, where there has been any event in my alleged account history over this period which has required manual intervention by any member of your staff, or your client's staff or by any other person acting on behalf of your client, your company or any of your associate companies, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention or other evidence of that manual intervention in relation to my business with you.

If you are unable to supply data relating to manual intervention because there has been no such manual intervention then please confirm this in your response to this request.

Please find enclosed a postal order for £11.00. This amount includes the £10 statutory fee for the documentation you are obliged to supply under the Data Protection Act. Please send a receipt for this amount by return of post. Please note: this amount is not a payment towards any alleged debt.

Please note that at this stage, any legal action you may contemplate will be vigorously defended and contested. You have twelve days from the date of this letter to supply me with the above documentation.

Failure to do so whilst continuing to take recovery action against me whilst I am disputing this alleged debt will be a serious criminal offence, which I will report to the relevant statutory authorities. If I discover that you have levied disproportionate penalties against me, added on any extra interest, or levied any other unfair, and illegal charges to my account then I shall be reclaiming them from you.

3. Your behaviour as a debt collection agency whilst the alleged debt is in dispute

Whilst this alleged debt is in dispute, if I receive any more threatening letters from your company, or anyone else acting upon your behalf, I will not hesitate to report your company to the Information Commissioner, your local Trading Standards Officer, the Consumer Credit Association, the Financial Services Ombudsman and any other relevant statutory authority.

I will not tolerate being illegally threatened by a debt collection agency. I will, if necessary, seek to have your licence to operate as a debt collection agency revoked. There might also be a case against you for a breach of the Data Protection Act by being in possession of my private and personal confidential details without my express written authority.

Please be advised: I do not take your threats lightly, and I will not hesitate to seek legal action against you if you continue to pursue the matter whilst it is in dispute. The law is very clear on this matter. You are not permitted to take any further recovery action whilst the alleged debt remains in dispute.

Any attempts to pursue this alleged debt whilst it is in dispute will be regarded as harassment and I shall not hesitate to instigate legal proceedings against you and report you the relevant statutory authorities.

Please be advised: I will only communicate with you in writing. I shall not hesitate to commence legal proceedings against you if you ignore this request. Telephone calls and home visits are not acceptable and will be treated as harassment. I suspect that recent ‘silent’ number-withheld calls I have received are from your company. I shall report these calls to the relevant authority.

Yours sincerely