spent2much UE diary

[Spent2much]

Re: spent2much UE diary

Ignore 1st Crud's annual statement, it's just routine. Let's hope Niddy finds the CCA UE!

hopefully

[Spent2much]

Re: spent2much UE diary

Ignore 1st Crud's annual statement, it's just routine. Let's hope Niddy finds the CCA UE!

Haven't heard back yet from niddy

[ScabHunter]

Re: spent2much UE diary

Haven't heard back yet from niddy

I don't think he's been on here much since Friday morning – probably extremely busy.

SH

[Spent2much]

Re: spent2much UE diary

I don't think he's been on here much since Friday morning – probably extremely busy.

SH

Thanks

[Spent2much]

Re: spent2much UE diary

update

received 10.10/2012

Thank you for your recent letter the content has been noted.

We confrim our client has complied with your request for a CCA on the 16the July

If you have any furthere queries regarding the prouduction of these documents you should refer this matter to our client direct.

we have not recveived any CCA only the updates which i have posted so far .


update

received this today 16/10/2012

Thank you for writing back to me about your request for us to provid you with a true copy of your credit agreement.

We have previously provided you with a copy of your defaulted terms and conditions and a reconstituted copy of your original agreement. You were also provided with a statement of your account. Therefore, we have fully complied with the requirements of S78 of the consumer credit act.

I acknowledge your reference to section 127(3) which, in summation means that a court will not make an enforcement order unless the agreement was signed by the debtor. As confrimed by the Judgment of His Honour Judge Waksman QC in Carey v HSBC[2009]3417(Q) providing a reconstituted copy of your client's agreement. His Honour Judge Waksman also confirmed that pursuant to Regulation 3(1) of the consumer credit (cancellation notices and copies of documents)Regulations 1983 the signature box, signatre and date of signature may aslo be omitted from any copy agreement provided.

Furthermore prior to signature your clint was provided with a full copy of the trms of the origianl agreement to keep and was sent a further copy of their origianl agreement with their first crdit card.

As we have complied with our obligations under s78, we will not be entering into any further correspondence regarding the provision of copy agreements. Your agreement is enforceable and we will to treat it as such.

You advise the agreement is not enforceable. I refer you to the decisions of Mr Justice Flaux in McGuffick v HSBC[2009]EWHC 2385 (Comm)
(McGiffick') and HH Judge Waksman in Carey v-HSBC [2009]EWHC 3147 (QB) (Care).

It was clearly established in McGuffick that the following steps do not amount to enforcement.

Reporting or threatening to report information of a credit agreement to a credit reference agency;

Passing on, or threatening to pass on, personal data in respect of a credit agreement;
Demanding payment from a debtor;

issuing a default notice;
istructing a third party to demand payment or otherwise to seek to procure payment,

threatening legal action ; and
bringing legal proceedings.

THIS JUST GOES ON AN ON ABOUT THE CAREY CASE .

SO NOW WHAT, CAP ONE HAVEN'T SENT US ANY TERMS AND CONDITIONS OR STATEMENTS OR ANYTHING THAT RESEMBLES A CCA .

22/10/2012 Received a post card much like a voting card today with the following on it .

CONFIRMED RESIDENT

capital One (Europe) plc

This account is seriously in arrears and you have failed to reply to correspondence or make a payment arrangement despite trace enquiries showing you as living at this address.
Contact us now on0845 8396196 to arrange a payment or your account will passed to solicitors with authorisation to proceed with immediate litigation procedeeings against you at the above address .

FREDRICSON INTERNATION LTD

update

[ScabHunter]

Re: spent2much UE diary

update

I would send this -

Our Templates | Unenforceability Templates | Threat by Creditor - Threat-o-Gram Letter Before Action

SH

[Spent2much]

Re: spent2much UE diary

I would send this -

Our Templates | Unenforceability Templates | Threat by Creditor - Threat-o-Gram Letter Before Action

SH

will send this on wednesday thank you

[Never-In-Doubt]

Re: spent2much UE diary

Haven't heard back yet from niddy

what was this you sent me? Sorry not accessed emails for a few days.....

[Spent2much]

Re: spent2much UE diary

what was this you sent me? Sorry not accessed emails for a few days.....

good evening niddy, i sent a cca which i received from 1st credit for you look at please .

[Never-In-Doubt]

Re: spent2much UE diary

good evening niddy, i sent a cca which i received from 1st credit for you look at please .

Please go to your sent items and forward it back to me (agreements@all-about-debt.co.uk), sorry I must have missed it

[Spent2much]

Re: spent2much UE diary

Please go to your sent items and forward it back to me (agreements@all-about-debt.co.uk), sorry I must have missed it

will no problem

[Never-In-Doubt]

Re: spent2much UE diary

good evening niddy, i sent a cca which i received from 1st credit for you look at please .

Well that isn't a CCA, not really. It will pass mind you but the fact they've absorbed an arrangement fee within the overall agreement is naughty, now of past I would say s.18 protects you but recently Paul. stated that is not always the case, so to be frank, and with the clear lack of any PT's within the agreement I would respond to 1st with a copy of this --> Our Templates | Unenforceability Templates | CCA Query - Missing Prescribed Terms

[Spent2much]

Re: spent2much UE diary

Well that isn't a CCA, not really. It will pass mind you but the fact they've absorbed an arrangement fee within the overall agreement is naughty, now of past I would say s.18 protects you but recently Paul. stated that is not always the case, so to be frank, and with the clear lack of any PT's within the agreement I would respond to 1st with a copy of this --> Our Templates | Unenforceability Templates | CCA Query - Missing Prescribed Terms

thank you niddy :niddy

[Spent2much]

Re: spent2much UE diary

I would send this -

Our Templates | Unenforceability Templates | Threat by Creditor - Threat-o-Gram Letter Before Action

SH

Just checked and i sent a threa o gram letter before action to fredrickson on 15/10/2012, so shall i still send another one ?

[Spent2much]

Re: spent2much UE diary

Originally Posted by Spent2much
Type of account (loan in joint names)

Date commenced (2004)

Approx balance.( £1,957

Date last paid (22/06/2012)

Are you on arrangement or not paying (stopping dmp )

Status ( cca being sent, but sent them a sar request in 2008 and they never complied but we believe they took the £10 paid which was meant for the sar off the balance instead )

Account owner (citifinancial ) now with 1st credit

received today 24/09/2012

Legal proceedings being considered

We regret the sum detailed remains outstanding. We are considering issuing County Court proceedings against and any claim will include a claim for legal costs and interest.

If we obtain a judgement against you and it remains unpaid for 30 days it will be entered int he Register of Judgments, Orders and Fines, making i difficult to obtain credit at competitive rates .

Susequent failure to make payment of the judgement could result in enforcement action .

* an application to your employer for an attachment of earnings.
*an application for seizure of our assets by county court bailiff.
*an application for a charging order against your property (if owned by you)

we have not received anything in the form of a cca to the request sent in July so what should we do now please

received today 01/10/2012

pay within 7days YOU PAY 70% DISCOUNT OF 30%

niddy said to resend the cca request again, shall i add to the template that i sent this request on the 9/07/2012 with a £1.00 postal order ? shall simply just addd that bit in the letter ?


11/10/2012 sent copy of cca request and cover letter saying they
haven't responded yet .

update

13/10/2012
you pay 70% discount of 30%

19/10/2012
received a cca have sent it to niddy waiting for his response

20/10/2012 annual statement from 1st credit .

update

niddy says[/QUOTE]

update