PriorityOne & CPUTR 2008 (ex P1 CAG CPUTR 2008)

[Leixlip1]

Re: CPUTR 2008.....

Halifax & 1st Credit are also "dancing" around the issue with me so I'm in the process of complaints to FOS & OFT. 1st claim to have compliant documentation but, following a request, have not produced it. This is no suprise as Halifax, original creditor, will not comply with my CPUTR request and in the past have failed to produce a compliant agreement.

[Never-In-Doubt]

Re: CPUTR 2008.....

Err do nothing - it's unenforceable until they comply

A quick question on this, as I'm not entirely sure the "correct" time, or stage of correspondence to use this.

Example.

I've cca'd crapquest (acting on behalf of C1)which has been duly ignored. They wrote saying I had to phone C1 to get the info (yeh right!!)
Sent the usual letter - it's your obligation to pass on the request etc = ignored.

Just sent another letter strongly telling them it's their duty to pass it on and they are in default, stop playing silly buggers as you are getting on my tits now and rubbing the Chip up the wrong way!

So,
If they ignore this (likely), do I;

a. CCA C1 direct (even though I shouldn't have to)
b. CPUTR knobquest

....?

[Never-In-Doubt]

Re: CPUTR 2008.....

Calls dealt with here ---> Free Number to Issue Creditors - allaboutFORUMS

[PriorityOne]

Re: CPUTR 2008.....

Err do nothing - it's unenforceable until they comply

It is unenforceable.... I agree.... but a lack of response won't necessarily stop them from issuing court papers. I know that this scenario can be dealt with on here but some people really don't want that headache.

When I "CCA'd everyone in sight", it was to stop court papers from landing. My A&L account was already with Shoosmiths and the Freds. one was already with Bryan Carter.

Just thought it needed a bit more explanation in case you thought I was losing the plot a bit....

[Seamus]

Re: CPUTR 2008.....

Just to say that I followed P1's advice with CPUTR (from another forum) and sent out letters to the DCAs with most of them coming back to me saying that they dont have the paperwork and while not having it the accounts are unenforceable. Those letters are safely filed away for future reference. Only one company (Varde/Experto) are still hassling me though, insisting that an application form with T&Cs that dont correspond with the time the account was started, is enforceable.

Seamus

[Never-In-Doubt]

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.

[nightwatch]

Re: CPUTR 2008.....

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

[Never-In-Doubt]

Re: CPUTR 2008.....

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

[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

[Never-In-Doubt]

Re: CPUTR 2008.....

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

Exactly

[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.

[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!!

[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.

[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

[Undercover Elsa]

Re: CPUTR 2008 Thread

Excellent! Well done Seamus