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

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

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    Name hereAddress hereDate hereRef No:Dear Sirs

    I refer to your letter of XXXXX 2009, the content of which is noted. No debt toyour 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 clientbring proceedings, they will be robustly defended, and the Court's attention drawn to the above statutory breaches . Furthermore, I reserve the right to bringthe conduct of your client to the Court when the issue of costs is being considered.

    Yours faithfully

    ................................................................................................................................................................

    .

    Your name hereAddress hereDate 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 requiresyou 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 appliesin 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 dut

    ies 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 fromUnfair 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 con

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    firm 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