No, you don't need to do anymore except ensure you keep that letter in a safe and secure place. If they ever try again, you could provide a copy to the OFT, claiming they unfairly gave backword on their written notice...further causing you unnecessary harassment.

It would appear that either the original bank never had a copy of the original agreement, or their records were insufficient, in order to provide a accurate reconstituted copy......that would explain their earlier offer of a reduced settlement, because they never had access to sufficient reliable records or data... relating to the alleged debt.

Congratulations.!

Dear Conmankiller,

Wish You a Very Happy New Year!

I have received a letter from the debt collection agency at last. They mentioned that they contacted the bank for the credit agreement and that the bank had failed to supply them. They mentioned that they were closing my account on their systems and that they would not contact me anymore regarding this matter. Would this be the end of my agony? Do I need to do anything else regarding this matter?

Thanks a million for all your advice.

Regards, TAFan:-)

No, do nothing until you are contacted, see my next post up.

Keep your letters so far, the ball is in their court... so to speak.!

Hi Conmankiller,

It's been more than 5 months since they told me that they would look into my complaint (in response to the pre court protocol letter). I haven't heard anything back from them since then. Is there any possibility that they might pass it on to some other debt agency? Is there anything that I could do so that they close the file permanently and or remove my details from their systems?

Thank you for all your help. Regards, TA Fan.

TA Fan:) - Can you please let me know what I need to do now?

Enjoy the Sun. ! = Wait until they provide the response that they have agreed, whether that takes 5, 25, 50 days... or forever. : -- )

Hi Conmankiller,

I have sent the letter and received a response from them saying that they received a complaint from me and it will be dealt with soon. They enclosed a leaflet explaining their complaints handling procedure in which they mentioned that they will resolve the complaint either with in 5 days or 25 days or 50 days etc. Can you please let me know what I need to do now?

Many thanks and kind regards.

Thank you very much conmankiller. I will get back to you on this as soon as I receive any response from them or after the 14 days have finished. Thank you once again.

Send them a copy of the pre-court protocol letter by recorded this asks for a correctly signed / executed agreement that they would need to produce as evidence. Without this existance and production of a correctly signed and legally prescribed agreement there is no possibility of legal enforcement.

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

Your name address & date.

I DO NOT ACKNOWLEDGE ANY DEBT TO YOUR COMPANY

Dear Sir/Madam

Account number XXXX

I write with regards to the above account with your organisation.

I respectfully request that you provide me by return a copy of the credit agreement which bears my signature. I require this as I have reason to believe that there may be discrepancies within the agreement which may leave it improperly executed.

Obviously if the agreement is improperly executed I would be entitled to ask the court to consider the agreement and make a declaration of the rights of parties to the agreement.

I must stress this request is NOT made pursuant to section 78 Consumer Credit Act 1974 but is made pursuant to the Civil Procedure Rules ( Pre action protocols and Part 31.16) and therefore an unsigned copy, or application form, will not suffice, only a copy of the original contract in its unaltered form will suffice in these circumstances.

Please confirm if you still hold a copy of my signed agreement and that you will provide me with this document.

I do not view this as an unreasonable request given that by supplying the document which I have asked for it will allow me to assess if my case has merit and will help to resolve matters possibly without the need to involve the court and will undoubtedly save costs on both sides.

I look forward to your reply and would ask for a response by give them 14 days.

Regards

Print name, don’t sign

Hi conmankiller,

I have finally received the so called 'true copy' of the credit agreement which has not got any details like the date of the agreement, neither my signature nor their signature, no reference number etc; accompanied a letter telling that the true copy does not need to show signatures on it. Also there is no mention of how much repayment or what payments I have made. I will post both the true copy of the CCA and their letter supporting it soon.

But do you think this is a valid or enforceable CCA, from the details I have given? Please advise.

Many thanks and kind regards.

If this new DCA is totally different to the collector mentioned in your first post, then you should send a new request for a valid signed CCA and go through the process again, they are not entitled to take any action or add any costs while they produce it and as you know if they do fail altogether, then they cannot legally pursue you any further. I don't think that a valid signed CCA exists...otherwise you would almost certainly have seen it before now. !!!

If on the other hand you wish to accept their offer for full and final settlement and have the matter finally finished, then you need this confirming in writing from them that it is accepted by them as a F&F, always keep it in a safe place ....otherwise it may just come back to haunt you in a few years time.

Hi Conmankiller, Happy New Year! As I was about to send the above letter to the debt collector, the DCA using this debt collector have directly contacted me first time saying that they have bought this loan from the bank and now they are asking for much smaller amount..

Could you please tell me what I should do now? Can I send the above letter to the DCA, even if I haven't sent the CCA request directly to them?

In all honesty, I want to come out of this. How can I close the matter forever? I am worried that these people might sell the remaining debt, even if I pay the amount now. How can I make sure that I am closing the account fully by paying the requested amount? But till now nobody have supplied me the CCA, (or the deed of assignment) neither the bank nor the DCA's. Also the debt is not seen in any of the 3 credit reports/

Thank you.

Hi -- As you have paid nothing to the DCA yet they will not send anything, so you can edit that scentence out of the letter, they are just standard general purpose templates, just edit to suit your own personal requirement.

Carbon copy the letter to the other new company, with a brief note stating the CCA request has been made and statutory fee paid to the other DCA..... Include the comment, that it is also a breach of OFT guidelines on fair debt recovery practice to assign more than one debt collector to deal simultaneously with the same alleged debt, and this matter will be reported.

The 30 days starts after the initial Twelve days has expired.

Thank you conmankiller. I have couple of doubts. Except to the bank, I have not paid any money to the new DCA. So, can I still include the following sentence in the letter? "1. All payments made to date to (enter DCA name) for this account should be refunded in full, including interest at the rate of 8% per annum."

Also the new DCA is not the one who is directly contacting me. The DCA are using yet another company, which is contacting me and this company is mentioning the DCA name as their client. I have sent the CCA request only to the company that is contacting me. So, should I be sending this letter both to the DCA and the company that is contacting me on their behalf? The new DCA have never directly contacted me. Until now, I am also communicating only with the company that is contacting me.

Also does the 30 calendar days period start after the 12 working days or from the date of requesting for the CCA?

Thank you once again conmankiller.
TAFan.

TAF -- Don't worry unduly..... no news is good news, no provision of a legally valid CCA = no means of enforcing the alleged debt any further. You are supposed to leave it for 30 days then send a follow on copy of the letter below by Recorded delivery, if they have still failed to comply with your request. You could send it early if you require, just edit the dates accordingly.

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

Your name address & date

Dear Sir/Madam

Re:− Your Account ref ......


I refer to my letter dated (enter date) which was delivered via Recorded Delivery to your offices on (enter date).

You have failed to acknowledge this request by not supplying the requested documents. The documents I requested should be readily available as proof of your legal right to collect this account.

In my letter of the (enter date) I made a formal request for a copy of the signed, executed credit agreement for the above account under Section 77(1) and Section 78(1) of the Consumer Credit Act 1974 and a true signed copy of the Deed of Assignment. In addition a full statement of my account should have been sent to me detailing all debits and credits to the account from the time (enter DCA name) purchased this account, along with any other documents mentioned in the credit agreement.

You are reminded that you are obliged to supply these documents, whether you are the original creditor or not, as defined under Section 189 of the CCA 1974.

The Consumer Credit Act allows 12 working days for this request to be carried out before your company enter into a default situation. If the request is not satisfied after a further 30 calendar days, your company commit an offence. These time limits expired on (enter date) and (enter date) respectively.

As you are no doubt aware, Section 78(6) states:

If the creditor under an agreement fails to comply with subsection (1) -

(a) He is not entitled, while the default continues, to enforce the agreement; and
(b) If the default continues for one month he commits an offence.

Therefore on (enter date) this account became unenforceable at law and no further payment will be made by myself to the account, as you have failed to comply with a request for a true signed copy of the said agreement, and other relevant documents mentioned in it, and failed to send a full statement of the account and failed to provide a true copy of the Deed of Assignment, under the relevant sections of the Consumer Credit Act 1974. Further, I do not acknowledge any debt to (enter DCA name).

I require the following action from (enter DCA Name) :

1. All payments made to date to (enter DCA name) for this account should be refunded in full, including interest at the rate of 8% per annum.

2. Removal of all defaults entered by (enter DCA name). Note this is to be a complete deletion and not merely an amendment.

3. I look forward to compensation under Section 13 of the Data Protection Act 1998 to be offered for the processing of my data in the manner it has been done over the past number of years.

4. After a full refund of all payments with interest and compensation are received by myself, you will be required under Section 10 and Section 12 of the Data Protection Act 1998 to cease and desist all manual and automatic processing of my data within your company and any other company within your group.

If you do not respond positively to my request, court action may be taken under Section 14 of the Data Protection Act 1998 to force (enter DCA name) or any other company within the group to comply with the refund of all monies paid, removal of all defaults maintained and compensation for damage and distress as a result of unlawful data processing. I may also pass the matter to the relevant enforcement authorities including, but not limited to, the OFT, the Information Commissioners Office, Trading Standards, the CSA, the FOS and my local MP.


Data Protection Act (Data Protection Act 199

Furthermore, under the Data Protection Act (D10), you are also denied the authority to pass on any of my personal data. To do so in the circumstances is I understand a breach of the Data Protection Act 1998, and also the OFT guidelines, and should you ignore my request it would again result in you being further reported to the relevant authorities.

I look forward to your reply within 14 days to resolve the matter amicably.


Yours faithfully (print don't sign name)

Hi conmankiller, it's been 14 days since I have requested for the CCA. The DCA has not responded to my request so far. Could you please let me know what I need to do now? Many thanks.