Difference between revisions of "Debt:: Letter Templates"
(5 intermediate revisions by 3 users not shown) | |||
Line 17: | Line 17: | ||
Road | Road | ||
+ | |||
Town | Town | ||
Line 141: | Line 142: | ||
Thank you for your letter dated <span style="color:red">xx/xx/2008</SPAN> the contents of which are noted. | Thank you for your letter dated <span style="color:red">xx/xx/2008</SPAN> the contents of which are noted. | ||
− | In your letter you make reference to requiring my <span style="color:red">signed authorisation /specimen signature** </SPAN> before you comply. I draw your attention to the fact that the Consumer Credit Act 1974 does not require that | + | In your letter you make reference to requiring my <span style="color:red">signed authorisation /specimen signature** </SPAN> before you comply. I draw your attention to the fact that the Consumer Credit Act 1974 does not require that I supply you a copy of my signature before you comply with my <span style="color:red">S77/78** </SPAN> request. |
− | If it is for Data Protection purposes then | + | If it is for Data Protection purposes then I can happily supply you with documentation to substantiate my identity to you. |
− | However please note that to date you have happily sent statements and correspondence containing extensive sensitive private information to my address. I have to ask if you are concerned that you are corresponding with the correct person why has it taken so long to raise this? | + | However please note that to date you have happily sent statements and correspondence containing extensive sensitive private information to my address. I have to ask, if you are concerned that you are corresponding with the correct person, why has it taken so long to raise this? |
As you are aware, disclosing data without adequate checks of identity is contrary to the 7th principal of data protection, listed in schedule 1 of the Data protection Act 1998: | As you are aware, disclosing data without adequate checks of identity is contrary to the 7th principal of data protection, listed in schedule 1 of the Data protection Act 1998: | ||
Line 163: | Line 164: | ||
<span style="color:red">** Edit as needed </SPAN> | <span style="color:red">** Edit as needed </SPAN> | ||
− | |||
== DCA -response to threats of home visits == | == DCA -response to threats of home visits == | ||
Line 186: | Line 186: | ||
</div></blockquote> | </div></blockquote> | ||
|} | |} | ||
+ | == DCA - Debt that is already in dispute passed to another DCA == | ||
+ | |||
+ | {| border="0" cellpadding="10" cellspacing="0" align="center" width="95%" style="background-color: #EEEEEE;" | ||
+ | |----- | ||
+ | | | ||
+ | <blockquote><div style= "font-size:95%;"><font color = #EEEEEE> — </font> | ||
+ | Dear Sir or Madam, | ||
+ | |||
+ | Account number: <span style="color:red">XXXX XXXX XXXX XXXX </SPAN> | ||
+ | |||
+ | '''ACCOUNT IN DISPUTE''' | ||
+ | |||
+ | I must admit that I am rather bemused as to why this account has been passed to yourselves, as it is in dispute with the <span style="color:red">**original/DCA** </SPAN> and has been since <span style="color:red">DATE </SPAN> 2008. | ||
+ | Not only is this a breach of OFT collection guidelines, but also in breach of the Consumer Credit Act 1974 and Data Protection Act 1998 | ||
+ | |||
+ | As <span style="color:red">**original/DCA** </SPAN> are now in default of my Consumer Credit Act request, OFT Collection Guidelines, Subject Access request and have also breached s10 Data Protection Act request , I consider this account to be in SERIOUS DISPUTE. | ||
+ | |||
+ | As you are aware while my Consumer Credit Act request remains in default enforcement action is NOT permitted, under s127 this constitutes a complete defence at law. | ||
+ | |||
+ | Consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS. | ||
+ | |||
+ | Now I would respectfully suggest that this account is returned to the <span style="color:red">**original/DCA** </SPAN> for resolution of these defaults and breaches, as <span style="color:red">**New DCA** </SPAN>cannot lawfully pursue any enforcement activities. | ||
+ | |||
+ | If <span style="color:red">**New DCA** </SPAN> chooses to ignore my dispute and attempt enforcement, I will initiate legal action and file reports with the appropriate authorities, including, but not limited to, Trading Standards, Office of Fair Trading, Information Commissioners Office, Financial Ombudsman Service and possible court action. | ||
+ | |||
+ | After taking advice, I am of the opinion that any continued pursuit is in violation of the Administration of Justice Act 1970 section 40 as well as breaching a number of the OFT Collection Guidelines | ||
+ | |||
+ | Also be advised that I will only communicate with you in writing. | ||
+ | |||
+ | Furthermore, should it be your intention to arrange a “doorstep call”, please be advised that under OFT rules, you can only visit me at my home if you make an appointment and I have no wish to make an appointment with you. | ||
+ | |||
+ | There is only an implied license under English Common Law for people to be able to visit me on my property without express permission; the postman and people asking for directions etc (Armstrong v. Sheppard and Short Ltd [1959] 2 Q.B. per Lord Evershed M.R.). Therefore take note that I revoke license under Common Law for you, or your representatives to visit me at my property and if you do so, then you will be liable to damages for a tort of trespass and action will be taken, including but not limited to, police attendance. | ||
+ | |||
+ | I hope that this will not be necessary and an acceptable solution can be accomplished. | ||
+ | |||
+ | I would appreciate your due diligence in this matter. | ||
+ | |||
+ | I look forward to hearing from you in writing. | ||
+ | |||
+ | Yours faithfully </div></blockquote> | ||
+ | |} | ||
+ | |||
+ | |||
+ | |||
Line 201: | Line 245: | ||
'''2.''' All records you hold on me relevant to this case, including but not limited to: | '''2.''' All records you hold on me relevant to this case, including but not limited to: | ||
− | '''a.''' A transcript of all transactions, including charges, fees, interest, repayments and payments and both the original amount of the loan and any repayments made to | + | '''a.''' A transcript of all transactions, including charges, fees, interest, repayments and payments and both the original amount of the loan and any repayments made to the account. |
'''b.''' Transcriptions of all telephone conversations recorded and any notes made in relation to telephone conversations | '''b.''' Transcriptions of all telephone conversations recorded and any notes made in relation to telephone conversations |
Latest revision as of 17:34, 7 April 2011
Contents
- 1 Harassment by Telephone - Response Letter
- 2 Credit Reference Agencies - Multiple defaults for same debt.
- 3 DCA - Response to demands after F&FS been accepted
- 4 DCA / Creditor- demand for a specimen signature before complying with S77/78 CCA
- 5 DCA -response to threats of home visits
- 6 DCA - Debt that is already in dispute passed to another DCA
- 7 Request For Information Under Civil Procedure Rules
Harassment by Telephone - Response Letter
|
Credit Reference Agencies - Multiple defaults for same debt.
|
Make sure you get proof of postage...
DCA - Response to demands after F&FS been accepted
|
Make sure you send it special delivery.
DCA / Creditor- demand for a specimen signature before complying with S77/78 CCA
|
** Edit as needed
DCA -response to threats of home visits
|
DCA - Debt that is already in dispute passed to another DCA
|
Request For Information Under Civil Procedure Rules
|