Debt Help UK Forum - Standard Letters

ModOne Topic Starter	Standard Letters Nov 16^th, 2005, 7:19pm A collection of standard letters submitted and used by members of this forum.
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ski

Trusted Member

Posts: 2293

Re: Standard Letters
Reply #1 - Dec 1^st, 2005, 11:30am

Just to clear things up. This letter MUST be sent to the CREDITOR, and not the debt collector. So, if, for example, Wescot are collecting on behalf of XYZ co., the letter MUST be sent to XYZ company. If, however, the debt has been sold to someone like Thames, you MUST be informed in WRITING. In that case Thames will be the creditor. Clear? If not IM me and I'll try to help(Rameses)

Copy of letter to use if debt has been purchased by a debt-buyer. Enclose a £1 postal order in payment of the statutory fee and send by Recorded Delivery. They have 12 (working) days to respond. If they don't supply it within 30 days, they've committed a criminal offence. Report them to your local Trading Standards office.

Quote:

I do not acknowledge ANY debt to your company. I require you to supply the following documentation before I will correspond further on this matter.

1. You must supply me with a true copy of the alleged agreement you refer to. This is my right under your obligation to supply a copy of the agreement under the legislation contained within s.78 (1) Consumer Credit Act 1974 (s.77 (1) for fixed sum credit) - your obligation also extends to providing a statement of account. I enclose a £1 postal order in payment of the statutory fee, PO Serial Number xxxxx.

2. A signed true copy of the deed of assignment of the above referenced agreement that you allege exists.

3. You are notified that you are obliged to supply these documents, whether you are the original creditor or not under S189 of the CCA 1974.

As you are aware, a credit agreement that is not properly documented and signed by the customer is totally unenforceable under the CCA and therefore is a complete defence to any court claim that is issued.

Take note at this stage, that any legal action you may contemplate will be both vigorously defended and contested.

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« Last Edit: Jul 22^nd, 2010, 6:59am by rameses_qc. »

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plumduff

Administrator

Posts: 10053

Re: Standard Letters
Reply #2 - Mar 4^th, 2006, 5:01pm

Ski's letter re nuisance phone calls:

Quote:

By Recorded Delivery

Dear Sir,

Ref. XXXXX

Despite my letters regarding ANY communication from your company, which stated that I require ALL communications in writing, your telephone calls continue.

This behaviour constitutes harassment; the letters stated quite clearly to you that I require ALL communications in writing for future Court use. Do not telephone me again - remove any telephone numbers you hold for me from your systems.

Your telephone calls are in breach of the Office of Fair Trading guidelines. If you continue with them after the receipt of this letter an official complaint, together with a log recording the times and frequency of the calls will be passed both to that office and to the Trading Standards office. For your information note that ALL telephone calls are taped.

This type of debt collection method is contrary to the ‘Administration of Justice Act 1970’ in that it is intended to cause alarm and distress to the recipient. Your methods will not be tolerated. A formal complaint, containing copies of all correspondence including yours, has now been submitted to the relevant authorities. This will be relevant to questions of your fitness to hold a licence under the Consumer Credit Act, whether or not it results in a prosecution.

Take further note that continued telephone calls after the receipt of a request not to call may constitute a criminal offence under Section 127 of the Communications Act 2003.

Communicate in writing and ONLY in writing, your telephone calls will NOT be answered.

HOWEVER, CALLS WILL TRIGGER COMPLAINTS TO THE REGULATORY BODIES.

I trust that I have made myself understood on this matter,

Yours faithfully,

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rameses_qc.

Administrator

Posts: 7331

Re: Standard Letters
Reply #3 - May 5^th, 2006, 10:51am

Quote from skiannach on Dec 1^st, 2005, 11:30am:

Copy of letter to use if debt has been purchased by a debt-buyer. Enclose a £1 postal order in payment of the statutory fee and send by Recorded Delivery. They have 12 (working) days to respond. If they don't supply it within 30 days, they've committed a criminal offence. Report them to your local Trading Standards office.

Just to clear things up. This letter MUST be sent to the CREDITOR, and not the debt collector. So, if, for example, Wescot are collecting on behalf of XYZ co., the letter MUST be sent to XYZ company. If, however, the debt has been sold to someone like Thames, you MUST be informed in WRITING. In that case Thames will be the creditor. Clear? If not IM me and I'll try to help

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ski

Trusted Member

Posts: 2293

Re: Standard Letters
Reply #4 - Aug 5^th, 2007, 10:37am

Updated Statute Barred letter.

Quote:

WITHOUT PREJUDICE

Dear Sir/Madam

Re: Account No/Reference No:

No debt is acknowledged to you. You have contacted me regarding the account with the above reference number, which you claim is owed by myself.

I would point out that under the Limitation Act 1980 Section 5 “an action founded on simple contract shall not be brought after the expiration of six years from the date on which the cause of action accrued.”.

The last payment or acknowledgement of this debt was made over six years ago and no further acknowledgement or payment has been made since that time. Unless you can provide evidence of payment or written acknowledgment from me in the relevant period under Section 5 of the Limitation Act, I suggest that you are no longer able to take any court action against me to recover the alleged amount claimed. Any such action WILL be defended and challenged on the above grounds.

I await your written confirmation that no further contact will be made concerning the above account and confirmation that this matter is now closed. If you do not supply such confirmation, I will be making a complaint to the Financial Services Ombudsman. Also, continuing to press for payment after a debtor has stated that they will not be paying a debt because it is statute barred could amount to harassment contrary to section 40 (1) of the Administration of Justice Act 1970 .

I look forward to your reply.

Yours faithfully

(Your signature)

http://www.lawcom.gov.uk/docs/cp151apa.pdf

http://www.nationaldebtline.co.uk/england_wales/factsheet.php?page=25_liability_for_debts_and_the_limitation_act

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« Last Edit: Jan 8^th, 2008, 4:18pm by plumduff »

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At_Last

Member

Posts: 80

Re: Standard Letters
Reply #5 - Sep 26^th, 2007, 2:56pm

Letter to send re: Full and finals

Dear Sir/Madam

Re: Greedy gets credit card

We write with reference to the money which you are claming on the above account.

We can confirm that we are unable to offer to pay the money which we owe in full. However, I can raise £XXX and I want to offer this as an ex−gratia 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 we will be released for any liability.

We 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 2 weeks of receiving your written agreement of this offer and method of payment.

We look forward to receiving your reply.

Yours faithfully

A N Other

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« Last Edit: Jan 8^th, 2008, 4:16pm by plumduff »

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tel

Gold Member

Posts: 1460

Re: Standard Letters
Reply #6 - Sep 26^th, 2007, 3:03pm

Quote from At_Last on Sep 26^th, 2007, 2:56pm:

Full and finals

Dear Sir/Madam

Re: Greedy gets credit card

We write with reference to the money which you are claming on the above account.

We can confirm that we are unable to offer to pay the money which we owe in full. However, I can raise £XXX and I want to offer this as an ex−gratia 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 we will be released for any liability.

We 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 2 weeks of receiving your written agreement of this offer and method of payment.

We look forward to receiving your reply.

Yours faithfully

A N Other

If accepted, please ensure the payment comes from a 3rd party such as a friend or relative. This is to ensure the matter is legally watertight and the creditor can't possibly come after you again.

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At_Last Member Posts: 80	Re: Standard Letters Reply #7 - Sep 27^th, 2007, 12:10pm Yes, infact forgot to add that you should apparently write "full and final settlement" on the back of any cheque etc you send to them, and in cashing said cheque they are accepting that amount, and only that amount.
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rameses_qc.

Administrator

Posts: 7331

Re: Standard Letters
Reply #8 - Nov 20^th, 2007, 11:02am

Quote from At_Last on Sep 27^th, 2007, 12:10pm:

Yes, infact forgot to add that you should apparently write "full and final settlement" on the back of any cheque etc you send to them, and in cashing said cheque they are accepting that amount, and only that amount.

Not really true. Doesn't matter what you write on the cheque, they can still come back for more

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rameses_qc.

Administrator

Posts: 7331

Re: Standard Letters
Reply #9 - Jan 31^st, 2009, 8:19pm

This is a letter to send to creditors (especially the Odious Bryan Carter) if you get a unexpected Claim form without warning

Quote:

REQUEST FOR INFORMATION

I have received a recent court claim from your organisation. In order to
file a defence and counter claim I require some information. Given that
this matter is now the subject of legal proceedings, you are obliged to
disclose under the Civil Procedure Rules, the information and documents
detailed below.

The information must be furnished within fourteen days of the receipt of
this letter. If you fail to comply, this will be reported to the Court,
a copy of this letter will be provided as evidence to the same and an
Order enforcing your compliance will be sought.

1. A true copy of the executed credit agreement and any terms and
conditions that applied to the account at the time of default and at the
time the account was opened.
2. All records you hold on me relevant to this case, including but not
limited to:

a. Transcriptions of all telephone conversations recorded and any notes
made in relation to telephone conversations by your company, or by any
previous creditor
b. Where there has been any event in my account history over this period
which has required manual intervention by any person, I require
disclosure of any indication or notes which have either caused or
resulted in that manual intervention, or other evidence of that manual
intervention in relation to my account formerly held with ORIGINAL
CREDITOR.
c. True copies of any notice of assignment and/or default notice or
enforcement notice that you or the original creditor sent me, with a
copy of any proof of postage that you hold.
d.Documents relating to any insurance added to the account, including
the insurance contract and terms and conditions, date it was added and
deleted (if applicable).
e. Details of any collection charge added to the account; specifically,
the date it was levied, the amount of the charge, a detailed financial
breakdown of how the charge was calculated, and what the charge covers.
f. Specific details of the fees/charges levied by any other agency in
respect of this account and a detailed breakdown of said fees/charges
and what each charge relates to and on what date said fees/charges were
levied.
g. A genuine copy of any notice of fair use of my data as required by
the Data Protection Act 1998
h. A list of third party agencies to whom you have disclosed my personal
data and a summary of the nature of the information you have disclosed.
i. Copies of statements for the entire duration of the credit agreement.

3. Any other documents you seek to rely on in court.

I will require this information within the next fourteen days. I must
advise you that if the information is not forthcoming, it will be
reported to the Court that you are trying to frustrate proceedings and
denying me the opportunity to file a defence and counter claim.

Yours sincerely,

XXXX (type, don't sign).

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DHUK

Site Administrator

Posts: 278

Re: Standard Letters
Reply #10 - May 5^th, 2009, 9:29am

This is an example of the Subject Access Request letter.

Quote:

Dear Sir/Madam

ACCOUNT NUMBER: ****************

Please supply me with All my personal data you hold including a complete list of transactions and charges (or alternatively a set of statements) relating to my account history with your organisation. I also require a complete breakdown of each Late Payment fee and Over Limit fee charged to this account, or any similar related charges. The complete breakdown of each charge must contain the following:

Hourly rate of each member of staff involved with each administration of the fees / charges. The time each member of staff spent on the administration of the fees/charges. Details of the work carried out and completed by each member of staff involved with each administration of the fees/charges. Total cost of the paper, envelopes, ink, and postage of each automated and manually written letter relevant to the issuing of the fees/charges, and any other costs incurred in each fee/charge including other employee’s involvement, their hourly rate, time spent on the involvement, and what their involvement consisted of.

Additionally, where there has been any event in my account history over this period which has required manual intervention by any member of your staff, or any other person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to my banking business with you. If you are unable to supply this data because there has been no such manual intervention, then please be so kind as to confirm this in your response.

I enclose the statutory maximum fee of £10. You have 40 days in which to comply. Furthermore, if I discover that you have levied disproportionate penalties against me, then I shall be reclaiming them, and also reclaiming the enclosed £10 Data Protection Act subject access request fee.
Furthermore please provide me with a copy of my contracts with you, and a copy of my original terms and conditions. I make this request under the Data Protection Act 1984 and 1998, and including the right of subject access under these acts.

If there is specific information which you require in order to satisfy yourself as to my identity, please let me know by return. However, please note that the above address is the one which you normally use to communicate my private business to me and which you have hitherto found to be acceptable.

Please note that the Postal orders I have supplied are NOT to be applied to any alleged debt but used only for purposes supplied.

I look forward to hearing from you.

Yours faithfully,

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