All Letters For Debt/CCA/Credit Agency/DCA's

by Ben Wed Apr 28, 2010 7:47 pm

letter when solicitors are threatening you with legal action whilst a company are
in default of your request for your Consumer Credit Agreement or Legally Binding
Contract.
Name here
Address here
Date here
Ref No:
Dear Sirs
I refer to your letter of XXXXX 2009, the content of which is noted. No debt to your
client is acknowledged.
On (date) I made a formal request to your client pursuant to s.78(1) of the
Consumer Credit Act 1974. They have failed to comply within the statutory time
limit, or at all. It should not be necessary to have to remind solicitors that the
provisions of s.78(6) now apply.
In the circumstances, your/your clients threat of legal action would appear to be a
breach of the Consumer Protection from Unfair Trading Regulations 2008 and the
Office of Fair Trading Guidance on debt collection. Should you or your client bring
proceedings, they will be robustly defended, and the Court's attention drawn to
the above statutory breaches . Furthermore, I reserve the right to bring the
conduct of your client to the Court when the issue of costs is being considered.
Yours faithfully
..................................................................................................................................
...............................
Your name here
Address here
Date here
REF:
Account/Reference Number
Dear Sir/Madam
This letter is a formal request pursuant to s.77/78 of the Consumer Credit Act
1974. I require you to provide me with a true copy of the credit agreement
relating to the above account, together with any other documentation the Act
requires you to provide.

I expect you to comply fully and properly with this request, within the statutory
time limit. You are reminded that should you fail to comply with my request, the
provisions of s.77 will apply.
If it is your view that you are not the creditor, s.175 of the CCA 1974 applies in the
case of a simple assignment, and places a duty upon you to pass this request to
the creditor. In the case of an absolute assignment, you are a creditor as defined
by s.189. If you contend that you purchased the rights but not the duties of any
agreement, you are reminded that s.189 of the Act is clear that an assignment is
of both rights and duties.
Your attention is drawn to ss.5(2), 3(b),6 and 7 of the Consumer Protection from
Unfair Trading Regulations 2008 (CPUTR).
I enclose the sum of 1.00, which is the statutory fee. Note that these funds are
not to be used for any other purpose.
If you are unable to comply fully and properly with this request, you should
confirm this in writing at the earliest opportunity, and certainly within the
statutory time limit for compliance, and return the fee.
I look forward to hearing from you.
Yours faithfully
Print name then sign adding two straight lines completely through the
signature
This is so the signature cannot be lifted
Never send a cheque as they can get your signature, always use Postal
Orders and send recorded delivery, they have 12 + 2 days to comply or
they are in default.After this time you may either get notification
informing you they do not hold a valid agreement or they may try and
send you a copy of your original application form, don't be fooled!!! this
is not enforceable. Once this has happened you need to send a letter of
account in dispute because they have dishonoured.
..................................................................................................................................
.............
http://www.fisa.co.uk/downloads/CCA%201 ... censing%22
This is a link to a PDF of the CCA 1974.
Further amendments which go in favour of a debtor are found here in the 2006
updates:
http://www.opsi.gov.uk/acts/acts2006/uk ... 60014_en_1

refer to the relevant sections as set out in the template named "asking for your
CCA the statute way.
..................................................................................................................................
...........
Heres who to contact and how, if you wish a copy of your credit file:
your full name -also any other names you have been known by e.g. your maiden
name;
your full address including postcode;
any addresses where you have lived over the past six years;
your date of birth; and
a cheque or postal order for 2 made payable to the credit reference agency.
You should keep a copy of your letter and you may want to send it by recorded
delivery. The credit reference agency has 7 working days to send you your file
after receiving your letter and fee.
The addresses of the credit reference agencies are:
Equifax Plc
Credit File Advice Centre
PO Box 1140
Bradford
BD1 5US
http://www.equifax.co.uk
Call Credit Plc
Consumer Services Team
PO Box 491
Leeds
LS3 1WZ
0870 060 1414
http://www.callcredit.co.uk
Experian Ltd
Consumer Help Service
PO Box 8000
Nottingham
NG80 7WF
0870 241 6212
http://www.experian.co.uk
..................................................................................................................................
......................
Name here
Address here

Date here
Ref No here:
To whom it may concern,
I acknowledge your recent communication to me sent on ( ) which i received on ( )
and have noted its contents. I feel that it is vexatious in its contents and pure
bullying tactics used to harrass and alarm people into submission, neither of
which i am prepared to enter into.
I would therefore like to inform you that i do NOT agree to any such action by your
company and i shall wilfully refuse anyone entry to my home, as this is my lawfull
right under True Common Law to do so.
I should expect that you know enough about Consumer Law to fully comply with
my request and refusal to enter into your contract on this particular matter and i
would ask that threats of such action will not be made against myself the human
being again.
I hope i can rely on your better nature as a fellow human being and that you will
respond accordingly,
Thanking you in anticipation that common sense will prevail,
Yours sincerely
Print name placing 2 lines through it
..................................................................................................................................
..............................
This template is for if you receive a letter about a debt you know nothing about or
it is for an ex partner or someone who lived at your address before you etc , in
other words, not your debt!!!! :
A letter used when a debt collection agency contacts you about an unknown debt.
Blue is for you to edit as appropriate.
Name/Address:
Date:
Dear Sir/Madam
You have contacted me/us regarding the account with the above reference
number, which you claim is owed by myself/ourselves.
I/we would point out that I/we have no knowledge of any such debt being owed to
(insert company name).
I am/we are familiar with the CPUTR 2008 and the Office of Fair Trading's
Guidance on debt collection, which states that it unfair to send demands for
payment to an individual when it is uncertain that they are the debtor in question.
I/we would also point out that the OFT say under the Guidance that it is unfair to

pursue third parties for payment when they are not liable. AND in not ceasing
collection activity whilst investigating a reasonably queried or disputed debt you
are using deceptive/and or unfair methods.
Furthermore, ignoring and/or disregarding claims that debts have been settled or
are disputed and continuing to make unjustified demands for payment, amounts
to physical/psychological harassment.
I/we would ask that no further contact be made concerning the above account
unless you can provide evidence as to my/our liability for the debt in question,
this is to be done by a copy of a contract binding both parties or a sufficiently
legal Consumer Credit Agreement that bears all credible signatures and terms.
I/we await your written confirmation that this matter is now closed. Otherwise I
will have no option but to make a complaint to Trading Standards and also inform
the Office Of Fair Trading of your actions.
I/we look forward to your reply.
Yours faithfully
..................................................................................................................................
.................
Your name,
Address
Date here.
Address of Company.
Dear Sir/Madam
Re: xxxxxxxxxxxxx
I write with reference to the money which you are claiming on the above account.
I can confirm that we are unable to offer to pay the money which we allegedly
owe in full. However, I can raise xxx and I want to offer this as an exgratia
payment in full and final settlement of the account. This offer is made on the clear
understanding that, if accepted, neither you nor any associate company will take
any other action to enforce or pursue this debt in any way whatsoever and that I
will be released for any liability.
I also request that, if accepted, you will make an entry on a credit reference
agency file relating to the above account as "satisfied" in full.
Payment can be made within 4 weeks( or whatever you deem suitable) of
receiving your written agreement of this offer and method of payment.

I look forward to receiving your reply.

Yours faithfully
..................................................................................................................................
...............................
Name
Address
Date
Ref No:
Dear sir/madam
Thank you for your response to my request under the Consumer Credit Act section
78.
I am pleased to see that you confirm this as a true copy of the original agreement
executed by yourselves on the XXXXX.
As you must realise this agreement does not conform to sections 60(1) and 61(1)
of the Consumer Credit Act 1974 and would therefore only be enforceable by a
court under s65. However, the absence of any (prescribed terms / signature)
means that a court would be prevented from enforcing it under s127(3).
Just supplying a copy of your current terms and conditions and a copy of what
looks like, my original application form does not constitute what I originally
required of you to furnish me with.
Unless you can produce a copy of an executable agreement within 14 days I will
consider that the above account is now closed and that you will not pursue the
alleged debt and that this will render the account in dispute.
Should you fail to respond within 14 days, I will expect that this means you agree
to remove all such data and that you will deem the matter fully closed and shall
not seek to pass the alleged account to an outside third party such as a Debt
Collection Agency.I need not remind you that if an alleged debt is rendered
unenforceable taking this action would be a breach of my consumer rights not to
mention the Consumer Credit Act 1974/2006, therefore if you try to take this
inappropriate action at any stage before providing me with what I have requested
from yourselves would leave me no option but to report such behaviour to the
Office of Fair Trading and Trading Standards.
I hope this will not be necessary,
yours faithfully

This can be sent when a company tries to send you a copy of its current terms
and conditions or an agreement that does not have any signatures, or even a
copy of the original application form as none of thses constitutes a valid
agreement.
..................................................................................................................................
................................................
Name here
Address here
Address of creditor or DCA here
Dear Sir/Madam
Re Account No/Reference No:
Since making that above agreement with you, our circumstances have changed.
We cannot now afford to agreed monthly payments because ...
[your paragraph added here]
We enclose a Personal Budget sheet which shows our total income from all
sources, and our outgoings. As you can see we have only xxx per month left for
our creditors. The offers we have made to our creditors have worked out on a
prorata basis, and we have written to all our creditors asking them to accept
reduced payments.
In view of our circumstances, please would you agree to accept a reduced offer of
xx per month. If interest or other charges are being added to the account we
would be grateful if you would freeze these so that all payments made will reduce
what I owe you.
Should our circumstances improve we will contact you again.
We would be grateful if you would send a payingin book to make it easier to pay
you. Thank you for your assistance. We look forward to hearing from you as soon
as possible.
Yours faithfully