GDPR Cookie Consent by SimpleServe Privacy Script C1 / Cr@pquest Vs the chippy - they really are silly billies! - AAD Consumer Forum

Announcement

Collapse
No announcement yet.

C1 / Cr@pquest Vs the chippy - they really are silly billies!

Collapse
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

  • #61
    Re: C1 / Cr@pquest Vs the chippy - they really are silly billies!

    Hi again,

    This is one occasion where I would not mind some help with the actual wording.

    I sent a cputr request when they were continuing to play silly buggers and all they done was write to say they had already fulfilled their obligations. Wormed their way around it and again said they had sent me a copy of the front signature page signed by me (they didn't)....

    They also sent ANOTHER set of t&c's – but were different to the first set sent. I think they were earlier terms as the interest rates were lower. The odd thing is that these terms state the late payment fee being £10?? - even cheaper than the later terms. I know for a fact though, that even in 2003, their late payment fee was £20??

    Basically, all they have done is send 2 different set of t&c's, one current and one older. They admit in writing they do not keep the original agreements, but only scan the signature page (they keep saying they have sent me this, but have not). They did send a scan of the application form / front page – but this did not have a signature area anyway?............and they always state that the terms would have been on the reverse of said page.....

    Normally, as Scabhunter says, I'd draft my own reply, as I'm quite used to advising others on these kind of things on here and other forums.

    However, I think you guys know me well enough that I try to be honest.......and as such..
    I've been battling cancer since early 2012 – in remission now, but still on high doses of Chemo. (Please don't give a sympathy vote here! - just being honest)

    Trouble is, the Chemo can make me quite fuzzy and the brain not thinking too well and I need a decent response to these cretins.....don't really want to feck it up, so a hand with a decent response would be appreciated from you guys....

    Thanks

    G.
    -----------------------------------------------

    Happiness, is screwing over a DCA.......

    Comment


    • #62
      Re: C1 / Cr@pquest Vs the chippy - they really are silly billies!

      Good morning!

      It is 3:30am here. I've just finished installing Linux Mint 14 on two of my PCs, and yours is the first thread I've seen on the new installations. I may as well see if I can work a letter out for you before I go to kip. I know there are some site changes planned for tonight, so if I don't get it posted, it will be because the site has gone offline. I'm not the only one who is busy tonight.

      SH

      Comment


      • #63
        Re: C1 / Cr@pquest Vs the chippy - they really are silly billies!

        Originally posted by ScabHunter View Post
        I know there are some site changes planned for tonight, so if I don't get it posted, it will be because the site has gone offline. I'm not the only one who is busy tonight.
        Hiya

        The changes are to the main site, not the forum and we're finished for tonight now - I have to do some real work for a couple of hours then off home for some sleep

        Have you been up all night? Mad - I thought I was the only all-nighter here
        I'm the forum administrator and I look after the theme & features, our volunteers & users and also look after any complaints or Data Protection queries that pass through the forum or main website. I am extremely busy so if you do contact me or need a reply to a forum post then use the email or PM features offered because I do miss things and get tied up for days at a time!

        If you spot any spammers, AE's, abusive or libellous posts or anything else that just doesn't feel right then please report them to me as soon as you spot them at: webmaster@all-about-debt.co.uk

        Comment


        • #64
          Re: C1 / Cr@pquest Vs the chippy - they really are silly billies!

          Originally posted by Never-In-Doubt View Post
          Have you been up all night? Mad - I thought I was the only all-nighter here
          It wasn't intended. I started on the stroke of midnight to install Linux Mint on a couple of my PCs, intending to go to bed when I finished. After the second installation, I found this guy needed a letter writing.

          A couple of hours later, I've managed to put something together which you can work with. I don't have exact dates, because they aren't included in the thread. Anyway, here is the rough draft -

          "Dear Sirs

          Re your letter dated xxth January 2013.

          Thank you for your letter, the contents of which I have noted.

          Since your letter clearly refers to the threat of litigation, I am treating it as a formal letter of claim, albeit an entirely defective one.

          I refer you to the Civil Procedure Rules Pre-Action Protocol practice direction, in particular Annex A and Annex B. You will note your letter fails spectacularly to comply with either of the aforesaid Annexes.

          Since you are a firm of solicitors, I cannot excuse such failures, and place you on notice that any litigation on the back of this letter will result in an immediate application to the Court requesting the matter stayed, with costs against you and your client on the indemnity basis. I refer you to Para 4.6 of the Practice Direction which explains the consequences of non compliance with the Pre-Action Protocol.

          Turning to the subject matter of your letter, this matter is the subject of a dispute which has been raised with your clients representatives, and therefore it would be appropriate before you threaten litigation for your clients to actively deal with the issues which I have raised.

          The main crux of my dispute is your clients' persistent failure to comply with the legislation under which this issue falls, namely the Consumer Credit Act 1974, and the Consumer Protection from Unfair Trading Regulations 2008. The deceitful way in which they have sought to evade their obligations has left me in a position where I am unable to ascertain whether or not any liability exists to your clients, nor to quantify any liability should it exist.

          Section 78 Consumer Credit Act 1974

          You will no doubt be aware that Section 78 of the Consumer Credit Act offers a provision whereby the holder of a running credit account can obtain vital information. This information is needed to determine the exact terms under which a financial account is administered, and complying with the provision is a statutory requirement.

          On xxth xxmonth 2012 I forwarded a statutory request pursuant to the aforementioned section of the Act to Capital One Bank. In response, I received what can only be described as an irrelevant set of Terms and Conditions. Notwithstanding the consideration that Terms and Conditions alone cannot satisfy a statutory request under Section 78, the documents I received were not even related to the account in question. This can be proven by the fact that quoted amounts for late penalty charges are plainly fabricated, and from a different period of time.

          Not only that, but at no time has any document been provided which would qualify as a credit agreement, whether or not it could satisfy the requirements of Section 61 (1) (a), or the Consumer Credit Agreements Regulations 1983, Schedules 1, 2 and 6, as amended. Consequently, my request pursuant to Section 78 submitted on xxth xxxmonth 2012 remains firmly in default. While this default endures, enforcement is prohibited.

          Section 87 Consumer Credit Act 1974


          Note that a Default Notice compliant with Section 87 of the Consumer Credit Act 1974 needs to be issued before lawful termination of a running credit account can occur. This default notice must be in the form prescribed by Section 88 (2) of the Act, and it must offer the recipient a period of fourteen days in which to remedy any alleged breach.

          The document received in July 2011 did not satisfy either requirement, and the termination was consequently unlawful. The consequence of this is that the creditor loses the rights awarded by Section 88 of the Act, and is only entitled, upon termination, to claim any existing arrears.

          Consumer Protection from Unfair Trading Regulations 2008

          On xxth July 2012, I submitted a formal request pursuant to the Consumer Protection from Unfair Trading Regulations 2008, that Capital One Bank inform me whether or not they hold the original signed agreement for this alleged account. Far from doing the obvious thing and providing a copy of the document should they have it in their possession, Capital One Bank provided a response which can only be described as evasive and misleading.

          Having previously admitted that they do not own the document, they were on this occasion unprepared to make any statement other than a vague assertion that the requested document had already been dispatched. In reality, more Terms and Conditions relating to accounts from different eras were sent, but no agreement of any kind, either compliant or otherwise, has ever been forthcoming.

          Accordingly, and in accordance with the CPR Pre Action Protocol practice direction, I look forward to your reply setting out correctly the nature of your clients claim and answering my dispute as stated above.

          Yours Faithfully,"


          SH

          Comment


          • #65
            Re: C1 / Cr@pquest Vs the chippy - they really are silly billies!

            SH,

            You're a star mate..........

            Dates put in, checked and is now being posted by Mrs Chippy.

            I feel another donation coming on when payday arrives........
            -----------------------------------------------

            Happiness, is screwing over a DCA.......

            Comment


            • #66
              Re: C1 / Cr@pquest Vs the chippy - they really are silly billies!

              Another kebab eh...!
              I'm the forum administrator and I look after the theme & features, our volunteers & users and also look after any complaints or Data Protection queries that pass through the forum or main website. I am extremely busy so if you do contact me or need a reply to a forum post then use the email or PM features offered because I do miss things and get tied up for days at a time!

              If you spot any spammers, AE's, abusive or libellous posts or anything else that just doesn't feel right then please report them to me as soon as you spot them at: webmaster@all-about-debt.co.uk

              Comment


              • #67
                Re: C1 / Cr@pquest Vs the chippy - they really are silly billies!

                Originally posted by Never-In-Doubt View Post
                Another kebab eh...!
                .......Or three...
                -----------------------------------------------

                Happiness, is screwing over a DCA.......

                Comment


                • #68
                  Re: C1 / Cr@pquest Vs the chippy - they really are silly billies!

                  Sorry not been in for a bit guys, been feeling ropey.

                  Anyway, the letter worked a treat and has put them on their back feet again.

                  A bunch of stars you are.....
                  -----------------------------------------------

                  Happiness, is screwing over a DCA.......

                  Comment


                  • #69
                    Re: C1 / Cr@pquest Vs the chippy - they really are silly billies!

                    Just you get well again Chips and it's lovely to hear from you too
                    "If wishes were horses, beggars would ride"

                    Comment


                    • #70
                      Re: C1 / Cr@pquest Vs the chippy - they really are silly billies!

                      Originally posted by IF View Post
                      Just you get well again Chips and it's lovely to hear from you too
                      And you IF.

                      I'll be fine in the end, no worries.

                      You guys and gals take care...
                      -----------------------------------------------

                      Happiness, is screwing over a DCA.......

                      Comment


                      • #71
                        Re: C1 / Cr@pquest Vs the chippy - they really are silly billies!

                        Too much fast food matey
                        I'm the forum administrator and I look after the theme & features, our volunteers & users and also look after any complaints or Data Protection queries that pass through the forum or main website. I am extremely busy so if you do contact me or need a reply to a forum post then use the email or PM features offered because I do miss things and get tied up for days at a time!

                        If you spot any spammers, AE's, abusive or libellous posts or anything else that just doesn't feel right then please report them to me as soon as you spot them at: webmaster@all-about-debt.co.uk

                        Comment


                        • #72
                          Re: C1 / Cr@pquest Vs the chippy - they really are silly billies!

                          Originally posted by Never-In-Doubt View Post
                          Too much fast food matey
                          Ha!

                          Probably was!!

                          Kebab's and maccy D......
                          -----------------------------------------------

                          Happiness, is screwing over a DCA.......

                          Comment

                          Working...
                          X