Snudgerchops UE Diary.

[snudgerchops]

Re: Snudgerchops UE Diary.

Recieved the following letter today from Arrow in response to this (advised by Niddy to send)
http://www.all-about-debt.co.uk/temp...lity/s2-t5.php

Dear Snudgerchops.

Arrow Global Receivables Management Limited is acting as agent for Britannica Recoveries S.a.r.l - Arrow.

In reference to your recent contact, we note you contend the copy agreement provided is unenforceable. We do not agree with your interpretation of the statute. We believe the agreement complies with the statute and we intend to pursue payment of the debt. You have remedy available to you by way of applying to the court for the appropriate decleration. In the absence of any such decleration and/or notice of application for the same, we will pursue the action previously advised, if any.

We have previously provided a copy of the credit agreement that would have been signed at the time of inception. We believe the agreement complies with the statute and we intend to pursue payment of the debt. We are not required to provide a copy of the signed agreement and would suggest that you consider the matter of Carey -v- HSBC and the judgment His Honour Judge Waksman makes therein.

Copy of complaints procedure attached.

Any Ideas?

Thanks in advance.

Snudgerchops

[Deepie]

Re: Snudgerchops UE Diary.

Thank's.

Is the fact that they replied late of any consequence?

there in default until they do............

[snudgerchops]

Re: Snudgerchops UE Diary.

Just sit and wait....... for them to get back to you

Thank's.

Is the fact that they replied late of any consequence?

[Deepie]

Re: Snudgerchops UE Diary.

Barclaycard CC


Balance: £8700
Default: Not Defaulted - AP marker on credit file.
Account Opened: 01/2004.

CCA request sent by recorded delivery. 03/03/2012.
Received response to CCA request. Letter dated 22nd March. (This date is outwith the 12+2).

Does it matter that the letter was dated the 22nd? As far as I can see this is one day longer??

Thoughts on the letter itself?

Details of letter below.

Dear XXXX

Account NumBer: XXX XXXX XXXXX

Reference: Section 78 of the Consumer Credit Act 1974.

We acknowledge receipt of your request for information under section 78 of the Consumer Credit Act 1974 dated 03/03/2012.

We are dealing with your request and will respond as soon as possible.



Thanks in adavance.

Just sit and wait....... for them to get back to you

[snudgerchops]

Re: Snudgerchops UE Diary.

Barclaycard CC


Balance: £8700
Default: Not Defaulted - AP marker on credit file.
Account Opened: 01/2004.

CCA request sent by recorded delivery. 03/03/2012.
Received response to CCA request. Letter dated 22nd March. (This date is outwith the 12+2).

Does it matter that the letter was dated the 22nd? As far as I can see this is one day longer??

Thoughts on the letter itself?

Details of letter below.

Dear XXXX

Account NumBer: XXX XXXX XXXXX

Reference: Section 78 of the Consumer Credit Act 1974.

We acknowledge receipt of your request for information under section 78 of the Consumer Credit Act 1974 dated 03/03/2012.

We are dealing with your request and will respond as soon as possible.



Thanks in adavance.

[snudgerchops]

Re: Snudgerchops UE Diary.

sorry send to arrow

My bad

Phew - Thank's again....

[Never-In-Doubt]

Re: Snudgerchops UE Diary.

Brilliant Niddy - Thank's.

Just one more question - I've never heard of "NCO", I don't ever remember receiving any correspondence from them.

Would anyone know where to contact them or who they are?

Thank's in advance.

sorry send to arrow

My bad

[snudgerchops]

Re: Snudgerchops UE Diary.

You ought to send this back to NCO ---> Our Templates | Unenforceability Templates | CCA Query - Forged Document Received

You will edit the bullets at the top to read similar to this;

1. The account was applied for over the phone, there was never any agreement
2. This agreement alludes to an online agreement and has provision for The Consumer Credit Act 1974 (Electronic Communications) Order 2004, something a telephone application does not

You'll be referring to this here: ---> The Consumer Credit Act 1974 (Electronic Communications) Order 2004

in particular s.4(1) ---> The Consumer Credit Act 1974 (Electronic Communications) Order 2004

Brilliant Niddy - Thank's.

Just one more question - I've never heard of "NCO", I don't ever remember receiving any correspondence from them.

Would anyone know where to contact them or who they are?

Thank's in advance.

[Never-In-Doubt]

Re: Snudgerchops UE Diary.

You ought to send this back to Arrow ---> Our Templates | Unenforceability Templates | CCA Query - Forged Document Received

You will edit the bullets at the top to read similar to this;

1. The account was applied for over the phone, there was never any agreement
2. This agreement alludes to an online agreement and has provision for The Consumer Credit Act 1974 (Electronic Communications) Order 2004, something a telephone application does not

You'll be referring to this here: ---> The Consumer Credit Act 1974 (Electronic Communications) Order 2004

in particular s.4(1) ---> The Consumer Credit Act 1974 (Electronic Communications) Order 2004

[snudgerchops]

Re: Snudgerchops UE Diary.

Ahh so they've done a recon against an online agreement for one you completed over the phone? tsk - naughty naughty......

Who sent the CCA to you?

Hi Niddy,

Arrow Global was on the letterhead.

Thanks

[Never-In-Doubt]

Re: Snudgerchops UE Diary.

Ahh so they've done a recon against an online agreement for one you completed over the phone? tsk - naughty naughty......

Who sent the CCA to you?

[snudgerchops]

Re: Snudgerchops UE Diary.

Received this today from Arrow Global. Not looking good.

Dear xxxx

Debt Owed to Britannica Recoveries

Arrow Global Receivables Management Limited is acting as agent for Britannica Recoveries - Arrow.

In response to a request for copy documents under Section 77 of the Consumer Credit Act 1974, we enclose:

1. A copy of the agreement;
2. A copy of the terms & conditions;

We confirm:

A. The total sum outstanding £xxxx
B. The amounts which will become payable comprise interest and costs, depending on what enforcement action is taken against you;

We return your £1.00 cheque.

This account is currently being operated on our behalf by NCO. We deal with this document request only and all other enquiries should be directed to them.

I am now more confused than ever, this letter as far as I can see related to three different organisations?????

The oriiginal Egg Loan was from APRIL 2006 - They have supplied an agreement which contains two tick boxes instead of a signature. This is odd as I applied for this loan over the telephone....

Any ideas?

Any advice appreciated.

[swanfan]

Re: Snudgerchops UE Diary.

There remains a contractual liability for the customer to maintain payments, which will have a positive effect on you credit file.

Not when they've already defaulted you, muppets!

[MrsD]

Re: Snudgerchops UE Diary.

think I've got about 30 different versions of that, just ignore until they actually produce something....................

[snudgerchops]

Re: Snudgerchops UE Diary.

Received this from Experto Credite today.

Letter was dated 5th March 2012.

Dear Snudgerchops

We write further to your letter dated 03/03/2012 and you request for documents under section 78 of the Consumer Credit Act 1974. We are in the process of liaising with MBNA for these documents and will make evry effort to provide these within a reasonable time frame.

Whilst we are aware of your statutory right to request documentation under the Act, please be aware that the purpose of Section 78, is to ensure you have been informed of your rights and not to provide that an agreement exists.

Should we not provide the documentation within 12 working days, we understand we will enter into a period of non-compliance. During the period of non-compliance, this agreement will be deemed as being unenforcible until such a time as the period non-compliance is remedied.

The case law in the matter of McGuffick -v- Royal Bank Of Scotland Plc (available on-line) adds clarity to the term "enforcement" (paragraph 74 to 85), under the heading " The Meaning of Enforcement". In any event, should it transpire that the agreement is unenforcible, we will of course notify you of this.

The Office of Fair Trading has produced an informative guidance for consumers within their Guidance on Sections 77/78/79 of the Consumer Credit Act 1974. We enclose a copy of this guidance for your attention. If you are unsure of what to do next, we urge you to seek advice from a non-fee charging organisation detailed at the back of the guide.

You will see that requesting payment from a customer during a period of non-compliance or unenforcibility is not deemed to be "enforcement". There remains a contractual liability for the customer to maintain payments, which will have a positive effect on you credit file.

We want to work with you to progress this matter constructively and look forward to hearing from you in due course.

Yours Sincerely

Please note:

They did not enclose the "guidance"

The letter was not signed.

I have updated my diary.

Any thoughts? Just standard?

Thanks

Snudgerchops.