How do respond to a letter of threat

[sidewinder]

from a bank when the matter is still with the FOS for appeal.
are there any templates.
It's with the FOS again because the matter of enforceability wasn't even address!!
they've said ( I'm sure it's a standard letter ) that as I couldn't reach agreement with THEIR agent cough up or we'll pursue legal action.
all this because I dared to challenge them over a lack of CCA.

[Never-In-Doubt]

Re: How do respond to a letter of threat

from a bank when the matter is still with the FOS for appeal.
are there any templates.
It's with the FOS again because the matter of enforceability wasn't even address!!
they've said ( I'm sure it's a standard letter ) that as I couldn't reach agreement with THEIR agent cough up or we'll pursue legal action.
all this because I dared to challenge them over a lack of CCA.

fancy actually back peddling and telling me some history - then we'll be able to sort things for you....

more to the point, why are you complaining to the FOS over a CCA - they will not help much, they rarely do

[sidewinder]

Re: How do respond to a letter of threat

Going back to a few months I complained as I thought the FOS was the place to go for impartiality... what a joke they are. Impartial my a**s as I'm now discovering.
The matter stems from NO CCA and lloyds saying I have 6 months to complain to the FOS so I did.
Yep waste of space and time.
Now that I've not agreed with the FOS decision ( obviously in the banks favour ) because they failed to even address the issues of enforceability ( why would I ). I'm going through the appeal process. and when that fails I'll lodge a complaint against the FOS themselves ( taking even more time )
However before the appeal has even started the bank are now getting on their high horse without a CCA and said 8 days to cough up before they start legal proceedings.

Their excuse for this cr*p is they don't have my CCA( in writing ) and they're only obliged to keep records for 6 year.. 6 years as far as I've read is the minimum not the max. they're free to hold records as long as they like because there's nothing ( that I've discovered so far ) that says it's ILLEGAL for them to hold records longer than 6 years.

Hope that helps.

[sidewinder]

Re: How do respond to a letter of threat

Looking at the section on properly executed agreements....my god have they made some mistakes... lots of them!!!!

[Never-In-Doubt]

Re: How do respond to a letter of threat

Going back to a few months I complained as I thought the FOS was the place to go for impartiality... what a joke they are. Impartial my a**s as I'm now discovering.
The matter stems from NO CCA and lloyds saying I have 6 months to complain to the FOS so I did.
Yep waste of space and time.
Now that I've not agreed with the FOS decision ( obviously in the banks favour ) because they failed to even address the issues of enforceability ( why would I ). I'm going through the appeal process. and when that fails I'll lodge a complaint against the FOS themselves ( taking even more time )
However before the appeal has even started the bank are now getting on their high horse without a CCA and said 8 days to cough up before they start legal proceedings.

Their excuse for this cr*p is they don't have my CCA( in writing ) and they're only obliged to keep records for 6 year.. 6 years as far as I've read is the minimum not the max. they're free to hold records as long as they like because there's nothing ( that I've discovered so far ) that says it's ILLEGAL for them to hold records longer than 6 years.

Hope that helps.

Right, so we need to treat this as two separate issues;

1. The FOS - you will be wasting time and effort as they do not side with us when it comes to anything CCA related - sorry but that's the way it is. I'd forget them and just move on - seriously, you're wasting time and effort that you could use elsewhere - we all know that the FOS side with the banks in most their efforts, after all - who do you think fund the FOS (£500 per investigation)....
   
2. The lack of CCA - as they have failed to respond to your CCA Request, you're in a strong position as they cannot enforce anything; your lawful s.78 request should have been acknowledged within 14 days - as it was not, it became unenforceable protected under s.127 of CCA1974, basically meaning they can't do a thing!

As a result, basing this advice on option 2 above; you ought to respond to the DCA with the following template: ---> Debtors Final Response - No CCA Received

Also, may be an idea to let us know on here prior to jumping in, it could save you wasted time, effort and most importantly - legal action (which would be rebuffed anyway)....

Make sense?

[Never-In-Doubt]

Re: How do respond to a letter of threat

Looking at the section on properly executed agreements....my god have they made some mistakes... lots of them!!!!

Yea, not sending one is the biggest!

[sidewinder]

Re: How do respond to a letter of threat

All makes perfect sense to me. Thank god I found this site.

A 1000 thanks you's, and I mean that.

[Never-In-Doubt]

Re: How do respond to a letter of threat

All makes perfect sense to me. Thank god I found this site.

A 1000 thanks you's, and I mean that.

You're welcome, just keep us updated before responding to anything else, we'll then be able to help you better.

[sidewinder]

Re: How do respond to a letter of threat

BUT before I go charging in. Can someone confirm this keeping records 6 years rubbish.

I've found NOTHING ( no statues and no FSA rules, or anything in the data protection act saying a bank CANNOT keep records for longer than 6 years or it is Illegal to keep records or HOLD records for LONGER THAN 6 years.

Could someone confirm this.

All this bank has done is provide statements of my account. NO CCA.

[MustGetStraigh]

Re: How do respond to a letter of threat

BUT before I go charging in. Can someone confirm this keeping records 6 years rubbish.

I've found NOTHING ( no statues and no FSA rules, or anything in the data protection act saying a bank CANNOT keep records for longer than 6 years or it is Illegal to keep records or HOLD records for LONGER THAN 6 years.

Could someone confirm this.

All this bank has done is provide statements of my account. NO CCA.

Sounds like a load of tosh to me. It's not illegal, unlawful or anthing to keep records longer than 6 years. If it is then maybe I can get MBNA arrested...

[sidewinder]

Re: How do respond to a letter of threat

Exactly. The 6 years is there for inland revenue purposes. That's all !!

[sidewinder]

Re: How do respond to a letter of threat

It's a different issue but it is linked. The bank are claiming it is enforcible because they only have to supply reconstituted statement and CCA can't be supplied because they're only obliged hold them for 6 years, hence me jumping and saying that's rubbish.
Sorry was just trying to give you more background info.

[Never-In-Doubt]

Re: How do respond to a letter of threat

Thread is now back to how I left it! For future advice, if I suggest sending a template it is therefore pointless asking again - all it does is confuse me and my mods. As i'd already answered what to send, why did you re-post the same question?

Anyway, moving on - send the template advised originally and wait for a reply. As for keeping records for 6yrs, this is a HMRC issue only. However keep their letter safe as you would use that against them if they ever got too clever (ie misleading a debtor).

Basically you let them make loads of errors, and stick to the plan, send the correct response - then at the end, you can play silly buggers and pick up their flaws, falts and errors. Ergo all templates are blanket responses - The Niddy Special Templates are where i've perconalised a response to a letter.....

Make sense?

[Never-In-Doubt]

Re: How do respond to a letter of threat

It's a different issue but it is linked. The bank are claiming it is enforcible because they only have to supply reconstituted statement and CCA can't be supplied because they're only obliged hold them for 6 years, hence me jumping and saying that's rubbish.
Sorry was just trying to give you more background info.

Hiya,

Yea but i'd already responded with the correct template so it confused everyone lol. Ok, send that and see what happens - the 6yr thing is utter nonsense, don't worry - they'll tell you anything to make you worry and make payment, don't give in - stand firm and post back (if you get any updates) and we'll guide you right