The full process was followed debt sold on to DCA - dispatched in 1 letter then this arrived today - enjoy!
Dear Mr Stawman
Thank you for your letter/invoice of 15 January 2011, which was received in Customer Feedback on 21 February 2011.
Having reviewed our file, I note that no additional issues or concerns have been raised which have not already been responded to. Our final response was sent on 19 October 2010 and our decision remains unchanged.
I respectfully refer you to a press release by The Office of Fair Trading (OFT) which states:
‘If the lender fails to provide the requested information the agreement becomes ‘unenforceable’ which means the lender cannot get a court judgement against the borrower, take back hired items or items bought on credit, or take anything used as security (like a car) when the agreement was made.
However, the guide warns that, even if a credit or hire agreement becomes ‘unenforceable’ , consumers would still owe any outstanding money to the lender, interest could be added to their loan or hire agreement, default charges could be made, and any failure to pay could impact on their credit record. The guide also explains that the debt is enforceable again as soon as the lender provides this information’.
Ray Watson, Director of the OFT’s Consumer Credit Group, said:
‘Consumers have a right to information on debts they owe, but it is important that they realise that these sections of the Act cannot be used to write off legitimately owed debts (sections 77/78/79 of the CA 1974)'.
‘Although the debt can be classified as unenforceable until the right paperwork is provided, people are encouraged to seek advice and help on how they can continue to repay the money they owe. Consumers can get free advice on debt by contacting Citizens Advice or the CCCS’.
In conclusion, I can confirm that we do not consider the account to be in legal dispute and that you remain liable for the debt.
Any further correspondence received regarding these matters will, therefore, be held on file without response.
As you will be aware, you may refer the matter to the Financial Ombudsman Service within six months from the date of our final letter. If you chose to do this, we will of course provide every assistance with any investigation they may undertake.
Executive Feedback Consultan
Seems like they've been beaten and still insist that there is no legal dispute - on the contrary my dear - you'll not have a penny from me.
Hunker down for 6 years now and bat them off when they return as many of you have previously stated. My credit file could be affected - who gives a damn?
No fear - so they admit the debt is unenforceable - check mate
See you on the beach
You have your way. I have my way. As for the right way, the correct way, and the only way, it does not exist.” Friedrich Nietzsche