Allied international credit bothering me again surely this time they cannot be serious?

[smc1878]

Hello again folks

I have been posting on here for a while now (capquest victory was down to help from you guys!) I havent been on here for a month or so due to personal circumstances

 

Last year AIC were threatening the life out of me for an old debt and it was before I knew my rights and found this board

 

I CCA'd them in March last year and never had a response despite them getting my letter which according to the royal mail website was signed for

 

Then in the sumnmer a company called EQUIFAX had the debt and I did the same thing, they wrote back and told me the account was on hold

 

Round Mid December unfortunately I was admitted to hospital urgently and had surgery (I had a ectopic pregnancy) and on the day I came out some horrible scottish man rang and left a voice mail telling me to ring him urgently before 4pm. I had a horrible feeling it was them but given the circumstances it was the last of my concerns. My GP has signed me off work for 6 weeks and they are ringing the house phone by the minute and I am getting no rest. I wont answer the phone and as yet they have not written to me. I listened to one of this mans many voice mails this afternoon and the reference number relates to the same debt, they didnt respond to last year and sold on to this equidebt compnay. I wonder if the two are connected in some way??

 

To be honest I am physically and mentally not up to having them ring the house everyday and there is no way I am calling them back to get a torrent of abuse and rubbish threats hurled at me in my current condition.

 

What should I do next? I am aiming to simply CCA them again as I did last year reminding them of how they have broken the law by not responding to my original request? Would this be right?

 

I would also love to know how they got my phone number, I am ex directory and I have never given my number to them so this perplexises me a bit

[F_DCAs]

AIC have a name ignoring CCA requests. They're currently leaving me with messages and silent calls, and I understand they've got a name for these as well. I'm curious as to how they got my number also - I can only think from BT directly, even though I'm ex-directory as well. I'm leaving them a bit more rope to hang themselves with (I already CCAed them a few months back and heard nothing), and every call/time/date has been logged and recorded. I'd recommend you do the same.

 

 

But, AIC should not have passed the account on to another company while in default of a CCA request. It's AIC's fault for passing it on to Equidebt, therefore it's AIC's problem to resolve. If you've got proof of postage, then do nothing until the CCA request is fulfilled - if it ever is. Them receiving the CCA request means it began dispute status 14 days after they AIC signed for it, so I wouldn't re-CCA Equidebt. AIC has a Glasgow-based centre, so if Equidebt is Scottish, then they could be connected, yes.

 

 

But, I've not had much experience with Equidebt, so can't say for sure. I would certainly urge the telephone harassment letter (you'll find it in the templates library) - that's your own private line, which no company has the right to interfere with.

[twofoot]

Send this after you've edited to suit.

 

I DO NOT AKNOWLEDGE ANY DEBT TO YOUR COMPANY

 

 

 

Re: =

 

Dear Sir/Madam

 

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 you enter into a default situation.

 

 

 

This limit has expired.

 

As you are no doubt aware section 77(4) 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 21 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.

 

I will be reporting your actions to any such regulatory authorities as I see fit.

[upto the eyeballs]

Also check through letter library and send harassment letter for phone calls / excessive letters etc. They are low life ****, treat them like so!

 

Don't worry you're health is way more important than an alleged debt that they can't enforce.

 

Remember the letters are not personal just threat-o-gram sent out by monkeys!!!!

[rory32]

Another thing you can do to stop the calls is either get choose to refuse if your a BT customer or call barring if you're not. Alternatively you can just phone your telephone line supplier and inform them you are being harassed. They will change your number straight away free of charge.

 

As the account has now been passed to AIC the following letter may be more appropriate. Edit as required.

 

ACCOUNT IN DISPUTE

Dear Sir or Madam,

Account number: XXXX XXXX XXXX XXXX

 

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 **original creditor/DCA** and has been since DATE 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

 

My last letter from **original creditor/DCA** was DATE and intimated that my complaint would be

resolved on **DATE**, this obviously hasn’t happened.

As **original creditor/DCA** are now in default of my Consumer Credit 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.

 

Now I would respectfully suggest that this account is returned to the **original creditor/DCA** for resolution of these defaults and breaches, as **New DCA** cannot lawfully pursue any enforcement activities.

 

If **New DCA** 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.

Furthermore after taking advice, I am also 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

 

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 only.

Please note any future telephone calls will be considered as harassment and will be reported as such to any such regulatory authorities as I see fit.

 

Yours faithfully