PriorityOne & CPUTR 2008 (ex P1 CAG CPUTR 2008)

[Never-In-Doubt]

Re: CPUTR 2008 Thread

Thanks P1!
A nice ( and pleasant) surprise to see you on this forum, and a sensible answer rather than asking me to check if I've checked my cra file, which is all the help people seem to get "on the other side" these days LOL! ;-)

[PriorityOne]

Re: CPUTR 2008 Thread

No.... the ball is still in their court. File away and ignore.

If you start getting any written demands for payment, start a new thread and let us know what's been sent.

[vorwerk]

Re: CPUTR 2008 Thread

I was/am dealing with a DCA who was acting on behalf on mnba. The o/c had sent a blank copy of a Credit Card Application form ( blank apart from my name and address - no other details or sigs they had been blanked out). I had disputed this CCA with the DCA on the grounds it was illegible and improperly executed ( blanked out sigs).

In my last letter to the DCA I included the following:

"I am therefore making a formal request under The Consumer Protection From Unfair Trading Regulations (CPUTR) 2008

I require your organisation to provide written confirmation that states clearly whether you or your client currently hold an original signed Consumer Credit Agreement, or whether you do not hold an original signed Consumer Credit Agreement pertaining to this alleged agreement.

For the avoidance of doubt, an original signed Consumer Credit Agreement is just that, not a blank application for credit and neither a reconstructed document from other sources.

Please note that until such times as a legally enforceable, original Consumer Credit Agreement can be produced and a copy sent to me by return, then this letter is not an acknowledgement of any debt.

Please also note that failure to provide a direct answer to this request may be brought before the court, should you decide to ignore the content of this letter and escalate your recovery processes."

That was sent in October last year by recorded delivery, I have not had any response.
However in the past week I ( like so many others!) have recieved a NOA from mnba and globalarrow assigning the debt and saying I should continue to pay the DCA. Now I'm sure the DCA is aware of this NOA, they are also aware of my last letter, which is why I am going to wait for them to contact me again first. Although it does say on the NOA "If you believe that you have recieved this communication in error or that the outstanding balance is incorrect or not owed, please contact ( DCA) with all relevant information asap"
Should I write again to DCA or is the ball still in their court?

[still looking]

Re: CPUTR 2008 Thread

Yep agree with one of the comments. Used it on Freds thanks to P1's great work on another forum. All have backed off when asked to state have they or have they not. Even got in writing that four of my debts are UE..... but we can still blah de blah de blah and you have a moral duty blah de blah.

[PriorityOne]

Re: CPUTR 2008 Thread

Just a quickie..

If a lender has not supplied a cca at all, despite reminders and account in dispute letters etc, would you cputr them before they have chance to send a recon, or would you do it after a recon is sent(if that's the route they take)??

Seamus has already said it (below).... If they send a duff CCA and you tell them and hear no more, then no point asking under CPUTR. If they decide to fob you off with a recon. howeber, then you need to know if they have an original or not and if not, then upon what information were they able to construct that recon?

IME, this normally ties them up in a tight knot...

I've done it after they sent a recon, letting them know that I know its a recon, so, do you have the original.

Seamus

[Seamus]

Re: CPUTR 2008 Thread

Just a quickie..

If a lender has not supplied a cca at all, despite reminders and account in dispute letters etc, would you cputr them before they have chance to send a recon, or would you do it after a recon is sent(if that's the route they take)??

I've done it after they sent a recon, letting them know that I know its a recon, so, do you have the original.

Seamus

[thechippy]

Re: CPUTR 2008 Thread

Just a quickie..

If a lender has not supplied a cca at all, despite reminders and account in dispute letters etc, would you cputr them before they have chance to send a recon, or would you do it after a recon is sent(if that's the route they take)??

[PriorityOne]

Re: CPUTR 2008 Thread

And another one bites the dust after sending the CPUTR letter!

Received a letter from Lowells stating:



Seamus

Bloody Hell.... even I've not had a definitive response like that one!! Do you think thy're learning???

Brilliant!!!!

[Undercover Elsa]

Re: CPUTR 2008 Thread

Excellent! Well done Seamus

[Seamus]

Re: CPUTR 2008 Thread

And another one bites the dust after sending the CPUTR letter!

Received a letter from Lowells stating:

After liasing with Barclaycard in an effort to obtain this document (original agreement) we have been advised that it is no longer available due to the length of time since the account was opened to you.

We are closing your account.
At this time we have closed our file and will not make any further contact with you concerning payment against this account unless a copy of the agreement is received at some point in the future from Barclaycard

Seamus

[BBoo]

Re: CPUTR 2008.....

It makes sense to use it at this stage, as at virtually every other stage there is an equally effective method of 'diverting the creditor's attention.'

Many people are absolutely terrified of court proceedings, and my experience tells me they associate it with a full judge and jury (not the much less formal scenario it usually is) and that they will be having bailiffs knocking on their doors within days.

We know that is not the case, but the fact remains if people believe that, and many do, CPUTR can be extremely effective in putting their minds at ease a this critical stage.

[PriorityOne]

Re: CPUTR 2008.....

P1 yep I see where you're coming from and yea, they can't enforce anyway so long as there's an outstanding s.78 request. As you say we deal with that here, and if you think just prior to court papers that a CPUTR request works then I'll incorporate it into our metholigy and see how things pan out. So technically it'd be used at stalemate point - ie when you've done cca and it's being sold between dca's... Or earlier?

What do you find works best?

I'm updating *all* templates as I type so good time to add the CPUTR requests to the updates.

At stalemate point, yes..... when unenforceable docs. are sent in response to a CCA request and DCAs still justify pursuing for payment; either re. a sold account or in-house.

My current saga is a UE credit card still with the OC but the OC has fluffed around the issue of enforceable docs. under CPUTR for the past 18 months; passing from one DCA to another, who have all returned it back to them..... giving me a loooooong paper trail of companies trying to fudge around the issue. I'm expecting it to be flogged out at the end of this tax year as they must be well p*ssed off now.... and out of pocket as well, I would imagine....

Hi P1

sent your CPUTR template to Lloyds re hubbys cc acount { thread Lloyds 1978cc} as they kept saying they were sure the account was enforcable, and that they did'nt have to send proof because of the age of the account

got letter back saying this was their final responce and having re-considered all aspects of our complaint there is nothing further they can add,

following day received SAR from Lloyds and in the middle of it is a print out of a couple of emails sent internaly
1, request for copy of signed application
2, reply from General support, UNABLE to find application in gen supp and proc, request not sent to aquire as account opened prior to there records

copy is attatched in the thread for you to see

NW

ps brilliant thread by the way x

I love these "final" responses..... it usually tells me that all their toys have come flying out at once and they're not speaking to us any more..... so there!!

[pompeyfaith]

Re: CPUTR 2008.....

Exactly

Many will try of course, but that is where this site comes into it's own as they would have dug a bigger hole than they already had.

[Never-In-Doubt]

Re: CPUTR 2008.....

Yup and they cannot create a recon from nothing, as per the judgment

Exactly

[pompeyfaith]

Re: CPUTR 2008.....

Awesome result. Keep that note handy lol. You'll need it cos anything sent now will be a recon

Yup and they cannot create a recon from nothing, as per the judgment