spent2much UE diary

[ScabHunter]

Re: spent2much UE diary

If they haven't sent anything, and are blatantly in default of s. 78, then I would keep it short and simple.

"Dear Sirs

Re your letter dated [DATE]

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 the failure of the alleged original creditor, Capital One Bank, to comply with the request for documentation pursuant to Section 78 of the Consumer Credit Act 1974 which I submitted on 9th July 2012. You will note that when such a request remains unanswered for fourteen days, it enters a state of default, and, while this default endures, enforcement is prohibited.

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 client's claim and answering my dispute as stated above.

Yours Faithfully,"


SH

[Spent2much]

Re: spent2much UE diary

If they haven't sent anything, and are blatantly in default of s. 78, then I would keep it short and simple.

"Dear Sirs

Re your letter dated [DATE]

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 the failure of the alleged original creditor, Capital One Bank, to comply with the request for documentation pursuant to Section 78 of the Consumer Credit Act 1974 which I submitted on 9th July 2012. You will note that when such a request remains unanswered for fourteen days, it enters a state of default, and, while this default endures, enforcement is prohibited.

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 client's claim and answering my dispute as stated above.

Yours Faithfully,"


SH

thank you , i am a bit dippy sometimes :
shall i put the account number on it ?

[ScabHunter]

Re: spent2much UE diary

shall I put the account number on it ?

Put on it whatever Carter has put on his, as it is a direct refutation of that.

SH

[Spent2much]

Re: spent2much UE diary

Put on it whatever Carter has put on his, as it is a direct refutation of that.

SH

Carter have the cap one account number and our ref

[Spent2much]

Re: spent2much UE diary

• Type of account (overdraft with lloydstsb) mine
• Date commenced (2005)
• Approx balance.( £644.67
• Date last paid (22/06/2012)
• Are you on arrangement or not paying (stopping dmp )
• Status (default/letter recieved today, )
• Account owner (iQor on behalf of their client )

9/7/12 sent cca request
1/8/12 solicitor letter
22/8/12 threat of legal action
28/8/12 re-sent cca reminder
28/9/12 letter saying passed to dca Robinson way
1/10/12 pay now letter NIDDY say's ignore
12/10/12home visit threat
15/10/12 sent threatogram
29/10/12 letter confirming phone number taken off file
24/11/12 letter from HORWICH FARRELLY pay now may take cort action


21/02/13 from robinson way

WHERE HAVE WE GONE WRONG ?

We have sent you a number of letters, tried to telephone you, and our local representative may have called at your home,(COULD THIS BE MALCOM ?) but your account remains unpaid.

Full payment is due and payable. We know how worrying it can be to work out how to pay debts. If you cannot pay in full, we will listen and take into account your circumstances. the most important thing for you to do is get intouch.

We may offer a reduction to your balance, we can agree a payment plan that is affordable and which you can keep to.

Unpaid debts don't just go away or get forgotten no matter how much people want that to happen. Our staff are waiting to take your call, If you prefer , deal with this online at robway.co.uk or ypu can email us at : payline@robinson-way.com

25/02/2013
sent sold while in dispute letter to Robinson way

7/03/2013 from robinson way (letter dated 4/03/13

with reference to your recent contact , this balance relates to a current account and as such is expempt from part V of the Conusmer Credit Act 1974.

There is therefore no requirement to produce a copy agreement.

We now require you to resume your payments or to contact us with your repayment proposals within 14 days

update

[Spent2much]

Re: spent2much UE diary

Type of account (credit card) husband's

Date commenced (2005) i put 2005 but they may be before this also

Approx balance.( £2,242.71

Date last paid (22/06/2012)

Are you on arrangement or not paying (stopping dmp )

Status (default received but don't have it as was burgled in 2010 and some of our personal papers were scattered in the snow and could not be recovered )

Account owner (originally monument but passed to Barclaycard )

9/7/12 sent cca request
27/7/12 letter saying they are dealing with request

12/02/2013 from barclaycard

cca recon sent to niddy

sending missing pt's 13/02/13

22/02/2013 from Barclaycard

About your complaint

Thank you for contacting us on 13 Feb 2013 regarding your Barclaycard account.
I am sorry that you have had reason to complain.

I understand you are not satisfied that we have complied with our obligations under section78 of CCA . We believe your credit agreement is to be fully compliant with the Act and any allegations that it is not will be opposed . I realise this is not the answer you wanted, so I have given the details below so you can see the reasons behind our decision.

I am aware that we made errors in our previous response which i have amended accordingly. Feedback has been given to the member of staff who made this error.

I would like to assure you that the provision of a high level of service is of paramount importance to us and apologise for the oversight in the information provided with our previous letter.

I would like to acknowledge your request for a copy of your original agrement and I am able to confirm that this has been sent to the relevant department who will contact you directly regarding this.

______

It goes on to explain about the case of Carey v HSBC

then about the statement of the terms of the agreement as varied

regulation 7 of CNC regulations provides that , where an agreement has been varied in accordance with section 82(1) of the Act ( as is the case with your credit agreement|)

___________

another 2 pages of statement of account

compliance with section 61 of th Act

office of fair trading

timescales

your options

Please take this letter as our final response to your complaint. If anything is unclear or if you are unhappy with the way we have handled your complaint, please write to the oabove address. I will do all I can to answer your questions and reach an agreement with your.

28/02/2013 from barclaycard

Thank you for contacting Barclaycard.

Arrangements have been made for a copy of your ofiginal agreement to be issued to you, under separate cover, in due course.

May i also advise that your other queries are being handled by another deprartment and they will reply to you shortly.

I hope this information is of some assistance to you.


07/03/2013 from Barclaycard

they have sent an application form saying it is a cca, I have sent it to niddy

update

[Spent2much]

Re: spent2much UE diary

Type of account (credit card)husband's

Date commenced (2003)

Approx balance (£467

Date last paid (22 June 2012)

Are you on arrangement or not paying (was on dmp now stopped paying)

Status (default/cca being sent )

Account owner (Capitol one)

9/7/12 cca request
1/9/12 account passed to Fredrickson's
21/9/12 Fredrickson demanding payment
24/9/12 sold in dispute letter also copy sent to Cap One
6/10/12 account on hold while they refer back to Cap one.
10/10/12 Fredrickons saying their client has complied with the cca on 16/7/12)not received a thing)
12/10/12 threat of court action
15/10/12 threatogram sent letter before action
22/10/12 threat before action postcard advised threatogram letter again
24/10/12 Fredrickson They have rreferred the account back to Cap One no longer instructed to deal with it.


11/01/13
from cap one letter scanned

24/01/13 sent a one liner asking them to re-send the two letters they said they sent me July 12 and oct 12.
08/02/2013 from Cap one

Thank you for your recent letter.

I would like to be able to help you with your query, but unfortunately you did not sign your letter. To enable me to answer your query, please write to us at the address below including and example of your signature and your 16 digit account number as a reference:

Alternatively , you can call one of our specialist account managers who will go though a security check with you and answer your query immediatley.
I'm sorry for the inconveience this may cause you. I realise how frustrating it to have to go to the trouble of contacting us again. However , we need to do this to protect the security of your account and personal details.

what a load of crap , if they said they sent me the cca twice before or whatever they are referring to without a signature then why now ? i don't believe they sent anything and do they think we are that stupid to send them a signature :

02/03/2013 from Bryan Carter solicitors LLP

We write with regard to this outstanding debt.

Payment must be made in full within the next fourteen days failing which we will recommend to our client that proceedings be issued without further notice.

Should proceeddings be issued, additional charges will be added to the existing balance as shown below.

Outstanding balance £467.90
Interest £ 37.90
Court fees £ 30.00
Solicitors Costs £ 50.00
New Balance £ 585.33 if proceedings are issued.

If you dispute liability for this debt please state your reasons in writing and supply us with documents in support of your defence to any claim.

Before the account is referred to us to litigate you still have an opportunity to contact Fredrickson International Ltd with your payment proposals. In order to avoid further action you should telephone them immediately on 000000000

This is a serious matter and you wish to seek independent legal advice.


08/03/2013 from Bryan Carter solicitors

We write further to your letter dated 4 March 2013, the contents of which we note.

We believe that our client has complied with the Pre-Action Protocol so far as it applies to this matter.

For the avoidance of doubt however the monies due may be paid to our client's debt collection agents, Fredrickson International Limited, by direct debt, bank standing order, cash, cheque, debit card, payment card or postal order. Please see Fredrickson International Limited's notepaper for details of their address ad telephone number.

You may contact us between .....bla bla bla

We confirm that a list of organisations where independent advice could be obtained was provided on the overleaf of Fredricksons notepaper.

In relation to your request for documents, it is our client's policy to provided agreements to its customers at the point of contract and statements throughout and therefore you have already been provided with validation of the debt.

Our client confirms that they have fulfilled their obligations under section 78 of the consumer credit act 1974 in their letter to you dated 16 July 2012 and the debt remains enforceable .

At this time we have no instructions to litigate this account, however if Fredrickson International Limited does not hear from you with your payment proposals by 21 March 2013 we will seek further instructions from our client.

update

[Still Waving]

Re: spent2much UE diary

Are they serious? I thought it was their own letter which did not comply with Pre-Action Protocols?

[ScabHunter]

Re: spent2much UE diary

Are they serious? I thought it was their own letter which did not comply with Pre-Action Protocols?

That is exactly right. Carter is a joke, and now you can see why.

He won't litigate, not after receiving the letter which he knows would have him stuffed if he did. That reply you have just received is a standard template which I have seen before.

I'll leave it up to you whether you want to reply. If you do, let me know, and I'll sort something out for you.

SH

[Spent2much]

Re: spent2much UE diary

Type of account (credit card) husband's

Date commenced (2005) i put 2005 but they may be before this also

Approx balance.( £2,242.71

Date last paid (22/06/2012)

Are you on arrangement or not paying (stopping dmp )

Status (default received but don't have it as was burgled in 2010 and some of our personal papers were scattered in the snow and could not be recovered )

Account owner (originally monument but passed to Barclaycard )

9/7/12 sent cca request
27/7/12 letter saying they are dealing with request

12/02/2013 from barclaycard

cca recon sent to niddy

sending missing pt's 13/02/13

22/02/2013 from Barclaycard

About your complaint

Thank you for contacting us on 13 Feb 2013 regarding your Barclaycard account.
I am sorry that you have had reason to complain.

I understand you are not satisfied that we have complied with our obligations under section78 of CCA . We believe your credit agreement is to be fully compliant with the Act and any allegations that it is not will be opposed . I realise this is not the answer you wanted, so I have given the details below so you can see the reasons behind our decision.

I am aware that we made errors in our previous response which i have amended accordingly. Feedback has been given to the member of staff who made this error.

I would like to assure you that the provision of a high level of service is of paramount importance to us and apologise for the oversight in the information provided with our previous letter.

I would like to acknowledge your request for a copy of your original agrement and I am able to confirm that this has been sent to the relevant department who will contact you directly regarding this.

______

It goes on to explain about the case of Carey v HSBC

then about the statement of the terms of the agreement as varied

regulation 7 of CNC regulations provides that , where an agreement has been varied in accordance with section 82(1) of the Act ( as is the case with your credit agreement|)

___________

another 2 pages of statement of account

compliance with section 61 of th Act

office of fair trading

timescales

your options

Please take this letter as our final response to your complaint. If anything is unclear or if you are unhappy with the way we have handled your complaint, please write to the oabove address. I will do all I can to answer your questions and reach an agreement with your.

28/02/2013 from barclaycard

Thank you for contacting Barclaycard.

Arrangements have been made for a copy of your ofiginal agreement to be issued to you, under separate cover, in due course.

May i also advise that your other queries are being handled by another deprartment and they will reply to you shortly.

I hope this information is of some assistance to you.


07/03/2013 from Barclaycard

they have sent an application form saying it is a cca, I have sent it to niddy

Niddy says its still

update

shall send another missing p&t template for this or just leave it for now ?

[Spent2much]

Re: spent2much UE diary

That is exactly right. Carter is a joke, and now you can see why.

He won't litigate, not after receiving the letter which he knows would have him stuffed if he did. That reply you have just received is a standard template which I have seen before.

I'll leave it up to you whether you want to reply. If you do, let me know, and I'll sort something out for you.

SH

thanks is there any threat with this then ?

[ScabHunter]

Re: spent2much UE diary

thanks is there any threat with this then ?

I don't believe there is, no. I believe that Carter will already have decided not to issue proceedings, because he will know that you are not the type of easy target which he constantly seeks to exploit.

Having said that, I don't have any psychic powers and cannot give any guarantees. If I was in your situation, I would write a further letter pointing out his errors just to be on the safe side. I would time the sending of that letter so that it arrived just before Carter's idiotic “deadline”.

SH

[Spent2much]

Re: spent2much UE diary

I don't believe there is, no. I believe that Carter will already have decided not to issue proceedings, because he will know that you are not the type of easy target which he constantly seeks to exploit.

Having said that, I don't have any psychic powers and cannot give any guarantees. If I was in your situation, I would write a further letter pointing out his errors just to be on the safe side. I would time the sending of that letter so that it arrived just before Carter's idiotic “deadline”.

SH

Hi thanks again, i will do that then , can you sort a reply out for me again please ?

[ScabHunter]

Re: spent2much UE diary

I'd send them this -

“Dear Sirs,

I am in receipt of your letter of xxth March 2013, and note its contents.

For the avoidance of doubt, it was your own letter of claim which failed to comply with the relevant Pre-Action protocols, and not any action performed by your clients.

Note also that I have received no response to my legitimate request pursuant to Section 78 of the Consumer Credit Act 1974, either on or near the date of 16 July 2012 or at any other time. This request therefore remains firmly in default, and, while this default endures, enforcement is prohibited.

I suggest that you refer this matter back to your clients permanently, or at least until they make an effort to comply with the relevant legislation and to resolve this ongoing dispute. My position remains unchanged.

Yours Faithfully”

You'll need to fill in the date of Carter's letter on the first line.

I would send this on Monday 18th March, giving it just enough time to reach Carter by his own pompous and entirely inappropriate deadline.

SH

[Never-In-Doubt]

Re: spent2much UE diary

Thanks for helping here so much SH, however S2M - please try and do things yourself, then we'll come by and check it. We only really do replies like this for complex cases, you're more than able to do these simple replies yourself.

There are hundreds of variations on here to help you get started.