Pezman's Diary

[jon1965]

Re: Pezman's Diary

Agree with FP, if someone phones don't do security, if you get caught out just say everything in writing. Once they write there will be a nice little go forth letter in the templates .
Remember they are allowed to write and try to get you to pay but can not enforce so never acknowledge the debt . They will make veiled or not so veiled threats depending on who they are but they can soon be seen off

[pezman65]

Re: Pezman's Diary

Agree with FP, if someone phones don't do security, if you get caught out just say everything in writing. Once they write there will be a nice little go forth letter in the templates .
Remember they are allowed to write and try to get you to pay but can not enforce so never acknowledge the debt . They will make veiled or not so veiled threats depending on who they are but they can soon be seen off

Really appreciate your comments, many thanks

[Pixie]

Re: Pezman's Diary

Hi Guys, letter received from B/Card stating they are unable to provide documentation or information relating to the CCA on the above account. They state they have the right to instruct a third party who will continue to telephone, write and visit personally until a suitable agreement has been reached as this is their right. Shall I respond or sit tight, thanks Pez

Keep that letter very very safe.

You'll probably still get hassled by various dcas but you can always send a copy of the letter in reply to their threats.

[pezman65]

Re: Pezman's Diary

Keep that letter very very safe.

You'll probably still get hassled by various dcas but you can always send a copy of the letter in reply to their threats.

Thankns Pixie, I have set up a file for all the different DCA's and Banks. Wont make that mistake again, many thanks Pez

[pezman65]

Re: Pezman's Diary

Hi Guys, just received the following letter from Paranob:

"We refer to your correspondence dated 11.10.12 and reiterate that so far as we are concerned we have complied fully with our obligations under sec 77 of the Data Protection Act 1998 and accordingly are treating the matter as closed, I enclose a further copy of your loan agreement for your information, you are free to take whatever action you consider appropriate but we will not be releasing you from any obligation".

They have sent another illegible copy of the agreement that Niddy has said is unenforceable, why do they say sec 77 of DPA 1998 not sec77 CCA 74. Any suggestions on a response would be appreciated, many thanks Pez

[Deepie]

Re: Pezman's Diary

Hi Guys, just received the following letter from Paranob:

"We refer to your correspondence dated 11.10.12 and reiterate that so far as we are concerned we have complied fully with our obligations under sec 77 of the Data Protection Act 1998 and accordingly are treating the matter as closed, I enclose a further copy of your loan agreement for your information, you are free to take whatever action you consider appropriate but we will not be releasing you from any obligation".

They have sent another illegible copy of the agreement that Niddy has said is unenforceable, why do they say sec 77 of DPA 1998 not sec77 CCA 74. Any suggestions on a response would be appreciated, many thanks Pez

I would send this----------> Final Response - Unenforceable (CCA Received)

[pezman65]

Re: Pezman's Diary

I would send this----------> Final Response - Unenforceable (CCA Received)

Thats great, many thanks Pez

[jon1965]

Re: Pezman's Diary

Personally I would just ignore it. I read it as saying, this is our final response , we will not communicate with you about it any more . You do owe us the money and we will keep asking you for it (waksman or carey not sure which judgement defines what is allowed on a UE agreement)




Sorry didn't see the two posts above and bow to their recommendation

[pezman65]

Re: Pezman's Diary

Cheers Jon1965, I have already sent the suggestion above but appreciate you comments, cheers Pez

[jon1965]

Re: Pezman's Diary

Thank you FP. Whoever told you i wasn't stupid lied! The judgement i was referring to was referring to was McGuffick which said what was or wasn't enforcement. Hope i finally got that right.

Both are one and the same, it was Judge Waksman who ruled on the Carey case. The other judgment you're thinking of is McGuffick, which relates mostly to reporting to the CRAs and recording defaults.

CAREY v HSBC OTHERS [2009] - allaboutFORUMS

McGUFFICK v RBS [2009] - allaboutFORUMS

[pezman65]

Re: Pezman's Diary

Just received letter from RMA offering reduced settlement if I contact asap or I will loose the offer, this is the one where I have a letter saying they have no CCA. I assume I just sit tight? cheers Pez

[Deepie]

Re: Pezman's Diary

Just received letter from RMA offering reduced settlement if I contact asap or I will loose the offer, this is the one where I have a letter saying they have no CCA. I assume I just sit tight? cheers Pez

Thats what I would do............

[pezman65]

Re: Pezman's Diary

Thats what I would do............

Thanks, will do Pez

[pezman65]

Re: Pezman's Diary

Hi Guys, just received the following from Paranob:

Dear Mr P
With reference to the above account, Please be advised as there have been no payments on the account we have changed the interest rate to the full contractual amount. If you wish to discuss this matter further, please contact the office on the above telephone number. Thank you for your attention in this matter, we look forward to hearing from you, yours sincerely Etc Etc

This is the company who agreed to freeze interest in 2000 but charged it until 2009 when the change in the CCA regulatons stated they had to keep me informed of the balance on a yearly basis, they then froze interest but the loan had risen from £1900 to £22,343. If they charge interest on this amount it will mean over £100 a month going on to the bill, Niddy says it is UE but they state they have provided everything,any suggestions how I deal with this, many thanks Pezman

[Pixie]

Re: Pezman's Diary

Have you sent this Our Templates | Unenforceability Templates | CCA Query - Creditor Refusal to Accept UE Status

I assume they've defaulted you. I thought they couldn't charge interest once it's defaulted? (I may be wrong...)

BTW it would be an idea to link to the post of the debt on the first page of your diary so we know which one it is (click on the post number to bring up that post in a new window and then highlight the url and copy and paste it into your updating post.)