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Re: Radioactive Jan - Time to stop being a pushover!
wish we could celebrate with more than coffee on Tuesday!
Jane x
wish we could celebrate with more than coffee on Tuesday! Jane x
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Re: Radioactive Jan - Time to stop being a pushover!
This is the second thread in a row I've read this morning which has had a positive result. The more the better. Well done.Originally posted by Radioactive Jan View PostHooray. Letter recieved from Barclaycard in which they say that they can't supply me with a copy of my CCA and the debt is unenforcable
. They would like me to continue paying though! I think I know what my approach to that one.
You can get free cloud storage from Amazon, Dropbox and probably a few other places. I always think it is worth uploading a digital copy of anything crucially important to one of those.Originally posted by Undercover Elsa View PostExcellent!! Keep that letter very safe Jan..scan it too as backup and ready to print off in future if any chancers try their hand.
Well done!!!
Couldn't you put a little something in it? I'm sure no-one would notice.Originally posted by tastyjane View Post wish we could celebrate with more than coffee on Tuesday!
Jane x
SH
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Re: Radioactive Jan - Tesco
14/03/2013 Sent template letter (signed for) stating no signature required.Originally posted by Radioactive Jan View PostComment
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Re: Radioactive Jan - Time to stop being a pushover!
20/03/2013 Recieved CALL US NOW LETTER YOU HAVE MISSED A PAYMENTOriginally posted by Never-In-Doubt View PostAdditional info....
Morning
Just re-checking this on a PC (as was on phone last night) - I note that the PT's do show to the left of the signed application however there should be some general terms and conditions as well, as detailed in the signature strip. These are missing, so whilst I am saying it is UE - that is easy to remedy so don't rely on the UE status too much.
If you notice, they say in their own terms (second page - part 1 - Credit Limit) that you must refer to terms 18.2 & 18.3 - however scroll down, there is no 18.3. Similarly, in section 3 they mention 18.4 which is also missing (unless there was another page you never sent?) and also note the terms they sent is +5% higher APR than the originals - hence it is temporarily
23/03/2013 Sent missing PT letter
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Re: Radioactive Jan - Nat West
23/03/2013 Sent appropriate letter to bank, Thanks ElsaOriginally posted by Radioactive Jan View Post
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Re: Radioactive Jan - Paragon
12/03/2012 failed to make a minimum payment letter received. I have received no CCA dispite having waited 6 weeks , should I send them another letter or do nothing?Originally posted by Radioactive Jan View Post
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Re: Radioactive Jan - Time to stop being a pushover!
Morning Jan,
That will just be churned out automatically by their debtometer.
I wouldn't bother responding if I were you. Have you checked online that they signed for the CCA Request?
Elsa xComment
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Re: Radioactive Jan - Time to stop being a pushover!
Yep, signed for on 18/02/2013Originally posted by Undercover Elsa View PostComment
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Re: Radioactive Jan - Tesco
14/03/2013 Sent template letter (signed for) stating no signature required.Originally posted by Radioactive Jan View Post
11-4-2013 letter recieved from TESCO saying that regards less of the fact that CCA doesn't require signature their procedure does!
Should I ignore/get hubbie to sign in my name or write to them again?
Comments on a postcard please
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Re: Radioactive Jan - Tesco
That is just par for the course for this rabble. I've seen that response many times before.Originally posted by Radioactive Jan View Post
Personally, I wouldn't even entertain the thought of humouring them. Do they really believe that they are so big that their own procedures override the laws of the land?
The facts are simple enough – The request is made pursuant to Section 78 of the Consumer Credit Act 1974, not to any company's internal procedures. If 14 days elapse from the date of the request, it goes into default and the alleged debt becomes unenforceable. Surely, it is far more in their interests to alter that situation than it is in yours?
I'd just write back and point out the facts to them. Let me know if you want me to draft something.
SHComment
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Re: Radioactive Jan - Time to stop being a pushover!
This is a credit card, isn't it? I can't tell from this page of the thread.
If not, the letter will need amending slightly.
If it is, I'd just send them something like this -
"Dear Sirs,
I am in receipt of your letter dated xxth April 2013, the contents of which are noted. Please note that the request submitted on [DATE] was made pursuant to the Section 78 of the Consumer Credit Act 1974, which I shall now quite in its entirety -
“78 Duty to give information to debtor under running-account credit agreement -
(1) The creditor under a regulated agreement for running-account credit, within the prescribed period after receiving a request in writing to that effect from the debtor and payment of a fee of £1, shall give the debtor a copy of the executed agreement (if any) and of any other document referred to in it, together with a statement signed by or on behalf of the creditor showing, according to the information to which it is practicable for him to refer,—
(a) the state of the account, and
(b) the amount, if any currently payable under the agreement by the debtor to the creditor, and
(c) the amounts and due dates of any payments which, if the debtor does not draw further on the account, will later become payable under the agreement by the debtor to the creditor.
(2) If the creditor possesses insufficient information to enable him to ascertain the amounts and dates mentioned in subsection (1)(c), he shall be taken to comply with that paragraph if his statement under subsection (1) gives the basis on which, under the regulated agreement, they would fall to be ascertained.
(3) Subsection (1) does not apply to—
(a) an agreement under which no sum is, or will or may become, payable by the debtor, or
(b) a request made less than one month after a previous request under that subsection relating to the same agreement was complied with.
(4) Where running-account credit is provided under a regulated agreement, the creditor shall give the debtor statements in the prescribed form, and with the prescribed contents—
(a) showing according to the information to which it is practicable for him to refer, the state of the account at regular intervals of not more than twelve months, and
(b) where the agreement provides, in relation to specified periods, for the making of payments by the debtor, or the charging against him of interest or any other sum, showing according to the information to which it is practicable for him to refer the state of the account at the end of each of those periods during which there is any movement in the account.
(4A) Regulations may require a statement under subsection (4) to contain also information in the prescribed terms about the consequences of the debtor—
(a) failing to make payments as required by the agreement; or
(b) only making payments of a prescribed description in prescribed circumstances.
(5) A statement under subsection (4) shall be given within the prescribed period after the end of the period to which the statement relates.
(6) If the creditor under an agreement fails to comply with subsection (1)—
(a) he is not entitled, while the default continues, to enforce the agreement.
(7) This section does not apply to a non-commercial agreement, and subsections (4) to (5) do not apply to a small agreement.
As you can clearly see from the above, there is no provision for the alleged creditor to make compliance with the request conditional upon any action by the alleged debtor, including the provision of signatures. There is also no provision for the internal procedures of any specific company or organisation to override statute.
As you can also see, from subsection 6, if the alleged creditor fails to comply with the requirements of Section 78 subsection 1, enforcement is prohibited until the default ends. Note that the request which is the subject of this letter has now entered this state of default, and will remain there until compliance occurs.
Yours Faithfully,”
SHComment
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Re: Radioactive Jan - Time to stop being a pushover!
12/4/2013 letter recieved saying that they BOS will come to my house on Tuesday! Which letter shall I send, and should I send it 1st class recorded next day delivery so that they get it quickly?Originally posted by Radioactive Jan View PostComment
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Re: Radioactive Jan - Time to stop being a pushover!
Originally posted by Radioactive Jan View Post
Exactly what does this letter state (CONTENTS)I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.
If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.Comment
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Re: Radioactive Jan - Time to stop being a pushover!
is this the credit card or an overdraft Jan?
I would bet good money they won't appear and even if they do, just ignore them. I do a more assertive version of the royal wave as in "piss off my property"
you could send this
Harassment Threat of Doorstep-Visit - allaboutDEBT UKComment
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Re: Radioactive Jan - Time to stop being a pushover!
It says"our representative will be calling at your home on 16th April 2013.PLEASE CALL 0845 x x x IF THIS IS NOT CONVENIENT.Originally posted by The Tech Clerk View Post
No ac no quoted or anything else. It came in one of those envelopes that you have to take three perforated edges off.
It is my HBOS AA credit card that Niddy deemed UE for now but could be easily sorted out if they spot their deliberate mistake.Comment
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