Debt:: Letter Templates

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Harassment by Telephone - Response Letter

Your Street

Town

City

Postcode

DATE HERE

Company Name

Road

Town

City / County

Postcode


Dear Sirs

Harassment by telephone


Account Number: XXXXXXX

I am writing in relation to the quantity and frequency of telephone calls that I have received from your company, which I deem to be personally harassing.

I have verbally requested that these stop, but I am still receiving calls. (Delete if necessary)

I now require all further correspondence from your company to be made in writing only.

I am of the view that your continued harassment of me by telephone puts you in breach of Section 40 of the Administration of Justice Act 1970, and the Protection from Harassment Act 1997.

If you continue to harass me by telephone, you will also be in breach of the Communications Act (2003) s.127 and I will report you to OFCOM, Trading Standards and The Office of Fair Trading, meaning that you will be liable to a substantial fine.

Be advised that any further telephone calls from your company will be recorded. (**Even if you don‘t yet have recording equipment!!**)


Yours faithfully,


[NAME HERE]



Credit Reference Agencies - Multiple defaults for same debt.

Date

Dear Sir Or Madam

FORMAL COMPLAINT UNDER YOUR CONSUMER CREDIT ACT 2006 COMPLAINTS PROCEDURE

NOTICE TO CORECT DATA UNDER DATA PROTECTION ACT 1998


I note that you have [NUMBER] of defaults registered against me in relation to account XXX originally issued by XXX. This is against the guidelines issued by the information commissioner, and is an unfair practice.

Please take this as a request to correct data under the Data Protection Act 1998.

Please send me a copy of your complaints procedure as required by law, with acknowledgement of this formal complaint.

Yours Faithfully,

XXXX.



Make sure you get proof of postage...


DCA - Response to demands after F&FS been accepted

Date

Dear Sir Or Madam

FORMAL COMPLAINT UNDER YOUR CONSUMER CREDIT ACT 2006 COMPLAINTS PROCEDURE

IMPORTANT : LETTER BEFORE COMPLAINT TO POLICE.


I have recieved your letter of the Xth, whose contents are duly noted.

Please find enclosed [ DESCRIBE WRITTEN PROOF OF F&FS, EVIDENCE OF PAYMENT ETC ] , and [ BANK STATEMENT OR EVIDENCE SHOWING YOU PAID THE SETTLEMENT ] which shows that I paid the debt in FULL / OR A SETTLEMENT on DATE. There is no outstanding debt on this account.

Claiming that money is owed when it is not is a criminal offence under s40 of the Administration Of Justice Act 1970.

Please note that unless you correct any information recorded on my credit reference I will take further legal action. Further, I require you to cease processing my data beyond that necessary to respond to this complaint.

Continued collection activity WILL cause me to complain to the police, and FOS.

Yours faithfully,

XXXX.

Enc copies of letter Dated X, dated Y, Dated Z.


Make sure you send it special delivery.

DCA / Creditor- demand for a specimen signature before complying with S77/78 CCA

Dear Sirs,

RE Account NO XXXXXXXX

Thank you for your letter dated xx/xx/2008 the contents of which are noted.

In your letter you make reference to requiring my signed authorisation /specimen signature** 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 S77/78** request.

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?

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:

7. Appropriate technical and organisational measures shall be taken against unauthorised or unlawful processing of personal data and against accidental loss or destruction of, or damage to, personal data.

My request for a true copy of my credit agreement under section 77/78** was made on xx/xx/2008 and the 12 working days for your compliance expire on xx/xx/2008. I note that there is no provision that removes the requirements of the act to provide this information on time, even if you are unsure of my identity.

I look forward to receiving the documentation requested

Yours faithfully

Print dont Sign


** Edit as needed


DCA -response to threats of home visits

Dear xxxx

Account Ref xxxx

Please be advised that I will only communicate with you in writing. I have noted your repeated attempts to contact me by telephone over the past few weeks/months and these have been duly logged by time and date.

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.

Yours faithfully,