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Re: Nightwatch & Hubbys Diary of debt
Nice - you're getting good at this see 
Originally posted by CleverClogs
So tell them that.
Dear Curs,
On 31 January 2012, a person (name if known) at your company received (and signed for) a letter from me. That letter contained a formal request under section 78 (1) of the Consumer Credit Act 1974 for an executed copy of the agreement and the other documents required by that statute; the statutory fee of £1 was enclosed. Under the Consumer Credit (Prescribed Periods for Giving Information) Regulations 1983, your company had twelve days in which to do this, which it has failed to do.
Section 78 (6) of the Consumer Credit Act 1974 is quite plain on this matter, as it states:
This is, of course, contrary to the OFT Debt Collection Guidelines, which expressly forbid any creditor from threatening to take legal action when this is not something they can do. Hence, I will submit a complaint to the OFT about your company's recent antics which complaint may be tempered (but not altogether avoided) if your company were to apologise at once and offer compensation for the upset the letter caused.
Yours Faithfully,
Clever Clogs
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Dear Curs,
On 31 January 2012, a person (name if known) at your company received (and signed for) a letter from me. That letter contained a formal request under section 78 (1) of the Consumer Credit Act 1974 for an executed copy of the agreement and the other documents required by that statute; the statutory fee of £1 was enclosed. Under the Consumer Credit (Prescribed Periods for Giving Information) Regulations 1983, your company had twelve days in which to do this, which it has failed to do.
Section 78 (6) of the Consumer Credit Act 1974 is quite plain on this matter, as it states:
(6)If the creditor under an agreement fails to comply with subsection (1)—
(a)he is not entitled, while the default continues, to enforce the agreement;
Yet, regardless of the fact that your company could not lawfuly enforce any agreement whilst it has not complied with my request under section 78(1), your company has now threatened legal action to enforce an agreement it seems unable or unwilling to supply to the alleged debtor.(a)he is not entitled, while the default continues, to enforce the agreement;
This is, of course, contrary to the OFT Debt Collection Guidelines, which expressly forbid any creditor from threatening to take legal action when this is not something they can do. Hence, I will submit a complaint to the OFT about your company's recent antics which complaint may be tempered (but not altogether avoided) if your company were to apologise at once and offer compensation for the upset the letter caused.
Yours Faithfully,
Clever Clogs
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