Rhinoman UE Diary

[rhinoman]

Re: Rhinoman UE Diary

Hi Niddy
I don't wish to hassle you as I know you are very busy, but as you had not received my e-mails yesterday, I'm just checking that you have received them now and I am waiting patiently for your advice.
Regards Rhinoman

Yep got them, i'll sort over the next day or so - bear with me please

Thanks Niddy I will wait patiently with bated breath for your words of wisdom.

[Never-In-Doubt]

Re: Rhinoman UE Diary

show off & smart arse lol

[rhinoman]

Re: Rhinoman UE Diary

show off & smart arse lol

Those are some good words of wisdom

[Never-In-Doubt]

Re: Rhinoman UE Diary

Hiya

I've found some stray emails from you, can you please confirm are we up to date or do I need to check the emails? I am confused today - sorry, long old night!

Please advise if I am meant to be answering the emails and if so can you please quote the relevant post here so I know why you've sent them cos i'm buggered if I have the energy to check through everything again - sorry mate.

Cheers

[Never-In-Doubt]

Re: Rhinoman UE Diary

Hiya

I've found some stray emails from you, can you please confirm are we up to date or do I need to check the emails? I am confused today - sorry, long old night!

Please advise if I am meant to be answering the emails and if so can you please quote the relevant post here so I know why you've sent them cos i'm buggered if I have the energy to check through everything again - sorry mate.

Cheers

Ooops, I know what these are for now! (Told you it was a late night)....

They have issued duplicate defaults lol, for the same debt! What muppets! Oh well, time to get them wiped and the whole balance wiped as unlawful.

I'll be back soon with a response for you.....

[Never-In-Doubt]

Re: Rhinoman UE Diary

Send the following to CL Finance - then see what they come back at you with yea? You need to print and send a copy of each of the 4 default notices you have, to back up your claim that they have messed up. The rest is self explanitory if you read the letter.....

Spell check it cos it is late early lol and Niddy is knackered!

Dear Sirs,

Ref: XXXXXXXX & XXXXXXXX

I write with reference to the above numbered accounts, and your major mistakes which have now rendered both accounts as exhausted and unenforceable due to your irresponsible issuance of duplicate default notices. Need I remind you that you can only be defaulted once, per account lifecycle? Therefore, the attached documents will be interesting because it clearly shows that you have registered duplicate defaults for both accounts - something forbidden within the realms of s.87 & s.88 (CCA1974).

You'll see from the 4 attached "Default Notices" where you went wrong, hopefully you'll look at this as a learning curve and ensure you don't do it too frequently otherwise it may cause you bother with the amount of counterclaims you'll receive... Now, going on the basis of these 4 incorrect and unlawful default notices; you'll notice that;

Account ending XXXX

• Default Notice 1 (s.87(1) CCA1974) was issued on XX/XX/XXXX and was claiming the amount owing (defaulted sum) as being £XXX.XX
  
• Default Notice 2 (s.87(1) CCA1974) was issued on XX/XX/XXXX and was claiming the amount owing (defaulted sum) as being £XXX.XX

Account ending XXXX

• Default Notice 1 (s.87(1) CCA1974) was issued on XX/XX/XXXX and was claiming the amount owing (defaulted sum) as being £XXX.XX
  
  
• Default Notice 2 (s.87(1) CCA1974) was issued on XX/XX/XXXX and was claiming the amount owing (defaulted sum) as being £XXX.XX

As you can only issue one default, per account (lifecycle) both the above defaults are in fact unlawful in line with s.87 & s.88 of CCA1974 and as such the balances of both accounts are hereby considered to be formally extinguished; an account should be terminated after a faulty default notice basically meaning that the debt has been rescinded in totality, i.e. puts both parties back where they were before the agreement, and the clause that states you can sell it on is rescinded with it. I refer you to the relevant case law of Woodchester Lease Management Services Ltd v Swain and Co (Failure of a default notice to be accurate not only invalidates the default notice (Woodchester Lease Management Services Ltd v Swain and Co - [2001] GCCR 2255) but is a unlawful rescission of contract which would not only prevent the court enforcing any alleged debt, but gives rise to a counter claim for damages Kpohraror v Woolwich Building Society [1996] 4 All ER 119)

As such i'd like you to request removal of all default(s) and trace entries with all 3 Credit Reference Agencies as there should be no entry present due to these breaches. Whilst I retain the right to, but not restricted, complain to the ICO and FOS about your underhand and unlawful tactics; all based on actual reconsitituted agreements, that for the record I would put you to strict proof thereof, to provide an original, that hold no legal merit whatsoever.

Section(s) 87 & 88 of the CCA 1974 are quite clear, I quote:

s.87 - Need for default notice
(1) Service of a notice on the debtor or hirer in accordance with section 88 (a “default notice”) is necessary before the creditor or owner can become entitled, by reason of any breach by the debtor or hirer of a regulated agreement,

(a) to terminate the agreement, or
(b) to demand earlier payment of any sum, or
(c) to recover possession of any goods or land, or
(d) to treat any right conferred on the debtor or hirer by the agreement as terminated, restricted or deferred, or
(e) to enforce any security.

(2) Subsection (1) does not prevent the creditor from treating the right to draw upon any credit as restricted or deferred, and taking such steps as may be necessary to make the restriction or deferment effective.

(3) The doing of an act by which a floating charge becomes fixed is not enforcement of a security.

(4) Regulations may provide that subsection (1) is not to apply to agreements described by the regulations.

s.88 - Contents and effect of default notice
(1) The default notice must be in the prescribed form and specify

(a) the nature of the alleged breach;
(b) if the breach is capable of remedy, what action is required to remedy it and the date before which that action is to be taken;
(c) if the breach is not capable of remedy, the sum (if any) required to be paid as compensation for the breach, and the date before which it is to be paid.

(2) A date specified under subsection (1) must not be less than fourteen days after the date of service of the default notice, and the creditor or owner shall not take action such as is mentioned in section 87(1) before the date so specified or (if no requirement is made under subsection (1)) before those seven days have elapsed.

(3) The default notice must not treat as a breach failure to comply with a provision of the agreement which becomes operative only on breach of some other provision, but if the breach of that other provision is not duly remedied or compensation demanded under subsection (1) is not duly paid, or (where no requirement is made under subsection (1)) if the fourteen days mentioned in subsection (2) have elapsed, the creditor or owner may treat the failure as a breach and section 87(1) shall not apply to it.

(4) The default notice must contain information in the prescribed terms about the consequences of failure to comply with it.

(5) A default notice making a requirement under subsection (1) may include a provision for the taking of action such as is mentioned in section 87(1) at any time after the restriction imposed by subsection (2) will cease, together with a statement that the provision will be ineffective if the breach is duly remedied or the compensation duly paid.

Subsequently, s.87(1) of the CCA1974 clearly states that a lawful default notice must be served before the creditor or owner can become entitled, by reason of any breach by the debtor. As you have failed to, and continually fail to, recognise the importance of this legal document you leave me with little option to force removal by way of formal complaints, notwithstanding a request for compensation with the possibility of civil action, plus a claim for libel unless you deal with this amicably and professionally.

Remove all trace of both accounts from all 3 CRA's and confirm you've closed both accounts and I agree to walk away, failure to agree to this simple request will result in more formal action being considered.

I look forward to your response within the next 21 days.

Yours faithfully


Sign Digitally

[rhinoman]

Re: Rhinoman UE Diary

Ooops, I know what these are for now! (Told you it was a late night)....

They have issued duplicate defaults lol, for the same debt! What muppets! Oh well, time to get them wiped and the whole balance wiped as unlawful.

I'll be back soon with a response for you.....

Hi Niddy
Thank you for looking at this problem for me as I said in my previous posts I don't think that they have put it on my credit file will that make any difference I did send you the screenshots I think.
Regards
Rhinoman

[rhinoman]

Re: Rhinoman UE Diary

Hiya

I've found some stray emails from you, can you please confirm are we up to date or do I need to check the emails? I am confused today - sorry, long old night!

Please advise if I am meant to be answering the emails and if so can you please quote the relevant post here so I know why you've sent them cos i'm buggered if I have the energy to check through everything again - sorry mate.

Cheers

Hi
I see from your next post that you did realise what the e-mails related to and have mentioned that 1 was about the double defaults on the two CL finance, accounts.
Did you also see the other one from the Cabot sent via my old solicitor what did you think about that.what do I need to do about that one.
Thank you

[rhinoman]

Re: Rhinoman UE Diary

Send the following to CL Finance - then see what they come back at you with yea? You need to print and send a copy of each of the 4 default notices you have, to back up your claim that they have messed up. The rest is self explanitory if you read the letter.....

Spell check it cos it is late early lol and Niddy is knackered!

Hi Niddy
Just checking with you as per my previous post I take it doesn't matter that they've not actually registered it with the credit reference agencies?

Also just checking 4 copies of the same letter do they all go in the same registered post envelope or do they have to have one each per default and is it 4 identical copies of the letter although do I have to edit them,only a bit confused because in the letter you have written it does mention the 2 accounts numbers and the 4 different default notices?

I will run it through the spell checker before I send them out But as I said before spell checkers are not always the best thing for someone with dyslexia e.g. words that sound the same but are spelt differently can sometimes be a problem.

Sorry I'm a little bit confused. If you could spare a moment just to clarify
Thanks
Rhinoman

[Never-In-Doubt]

Re: Rhinoman UE Diary

Hi

4 copies of the same letter? Where does it say that?

In your email there were 4 defaults, 2 for each account. So you copy the 4 separate pages, the same ones u sent me.

No it doesnt matter about the credit agencies - just leave that part in the template. And your last point, Cabot? Which letter exactly? I'm kinda head mashed with things so u need to do the work here. I done what you needed to get the defaults removed, what's the problem exactly? As for Cabot, what have they got to do with this?

[rhinoman]

Re: Rhinoman UE Diary

Hi

4 copies of the same letter? Where does it say that?

Sorry you're right it doesn't say that, It's just me being a total Muppet, Should have read it twice before I responded.
Sorry and thank you for clarifying what I need to do.

[rhinoman]

Re: Rhinoman UE Diary

Hi Niddy

Sorry to come back to this issue again. But I was about to send off the letter below, and I know that you were tired and you did this letter for me late last night but I just wanted to check out about the highlighted paragraph (see letter below) Because in the past you have said that my CL finance, accounts (8) (9) were and the CCA's are correct, So do I just leave out the highlighted section , but I think the paragraph about the complaint to the ICO and FOS needs to be finished off with something.

Thank you
Regards
Rhinoman

about your underhand and unlawful tactics; all based on actual reconsitituted agreements, that for the record I would put you to strict proof thereof, to provide an original, that hold no legal merit whatsoever.

[Never-In-Doubt]

Re: Rhinoman UE Diary

Hi Niddy

Sorry to come back to this issue again. But I was about to send off the letter below, and I know that you were tired and you did this letter for me late last night but I just wanted to check out about the highlighted paragraph (see letter below) Because in the past you have said that my CL finance, accounts (8) (9) were and the CCA's are correct, So do I just leave out the highlighted section , but I think the paragraph about the complaint to the ICO and FOS needs to be finished off with something.

Thank you
Regards
Rhinoman

Hiya, nope the letter is spot on - don't worry about it, i'm not disputing the enforceability of anything - I am disputing the default notices which extinguish the debt. That part you highlighted was put in to finish the sentence - its fine, we want to put them to strict proof thereof and this will suggest that you think they don't have an original....

Look at the bigger picture, the default notices are unlawful. This may mean you taking them to court for removal as well, if they point blank refuse... however it'd be many moons away cos first you send that, then you complain to ICO/FOS and then the CRA's - if none of them authorise removal then you have to sue the data processor for removal and damages...... sometimes it takes that long to sort default removal that they auto fall off your record prior to action being taken - lol...

Make sense?

[MustGetStraigh]

Re: Rhinoman Unenforceable Diaries

Hiya, ok you need to send the following off to them - and please, do not question the content! Just trust me and send it as is - yea?

Stonking letter, Niddy. I wouldn't want to be in their shoes when they receive it!!! Go Rhinoman!

[billypre]

Re: Rhinoman UE Diary

Yeah, couple of sweet letters their Nid. Hats off on this one again !