Adinuff's UE Diary

[ScabHunter]

Re: Adinuff's UE Diary

Hi Scabhunter,
I have replied 4 times to them. Stating everything possible.

Be patient. There may be a few more replies needed yet.

Seems they are just not playing game.

Playing a game is exactly what they are doing, but it is a game which in the end they cannot win. If the deadlock endures for six years, they will lose due to the limitation clock expiring.

I have stopped payments to them anyhow.

Good. That is essential, as each payment or written acknowledgment of the alleged debt restarts the limitation clock.

You think a complaint to ombudsman is next correct thing to do?

I wouldn't do that just yet. In the first place, you can only go to the Ombudsman once you have exhausted the complaints procedure of the organisation itself. Secondly, the Ombudsman is always reluctant to become involved in disputes surrounding legislation, as they deem this to be a matter for the courts. Finally, and most importantly, why should you need to do anything? They have put themselves into a situation of default due to their own intransigence, so why do anything which would help them escape from that?

SH

[Adinuff]

Re: Adinuff's UE Diary

Ha! Ha!

So, now they think they have the right to override the laws which have been passed by our elected Parliament! Is there no end to their arrogance?

The request was made pursuant to the Consumer Credit Act 1974, and not to any idiotic “procedure” they may have invented. The facts remain unchanged – the request remains legitimate, they are in default of it by refusing to respond, and while the default endures, enforcement is prohibited.

Simply point this out to them.

SH

Hi Scabhunter,
I have replied 4 times to them. Stating everything possible. Seems they are just not playing game. I have stopped payments to them anyhow. You think a complaint to ombudsman is next correct thing to do?

Adinuff

[ScabHunter]

Re: Adinuff's UE Diary

have had a response back saying its not CCA1974 procedure but there own procedure that requires a signature f

Ha! Ha!

So, now they think they have the right to override the laws which have been passed by our elected Parliament! Is there no end to their arrogance?

The request was made pursuant to the Consumer Credit Act 1974, and not to any idiotic “procedure” they may have invented. The facts remain unchanged – the request remains legitimate, they are in default of it by refusing to respond, and while the default endures, enforcement is prohibited.

Simply point this out to them.

SH

[Adinuff]

Re: Adinuff's UE Diary

Noooo - you do not need to do this!!!

Send this back!

Hi Niddy,
have had a response back saying its not CCA1974 procedure but there own procedure that requires a signature

Adinuff

[Deepie]

Re: Adinuff's UE Diary

hI NIDDY,
So do i follow up with the "response template" and the original letter sent again?

adinuff

Just send -----Part 2 - The Response

[Adinuff]

Re: Adinuff's UE Diary

Use the s.74 overdraft templates....

--> Overdrafts - CCA Information - allaboutFORUMS

hI NIDDY,
So do i follow up with the "response template" and the original letter sent again?

adinuff

[Never-In-Doubt]

Re: Adinuff's UE Diary

Use the s.74 overdraft templates....

--> Overdrafts - CCA Information - allaboutFORUMS

[Adinuff]

Re: Adinuff's UE Diary

Barclays Bank (joint current account)

Balance approx £4785.11

Default date 08/2006

Default amount £6011

DMP (Payplan) - £13.89 monthly

Barclays Bank Plc CDS Collections

21/01/13 - SAR sent
21/02/13 - SAR received. All statements received.Need advice on claiming back charges and validity of OD if applicable

06/03/13 - CCA request sent as per template on Overdrafts section

07/03/13 - reduced payment to £1

14/03/13 - Received letter back from Barclays stating : You have asked copies referring to Consumer Credit Act. Sections 77 and 79 do not apply to running account credit agreements, such as overdrafts. therefore they are irrelevant to your current account overdraft. Section 78 does apply to running account credit agreements, but it refers to "executed agreements(if any)"
Barclays standard practice means that customers did not sign agreeements for overdrafts on current accounts so no executed agreement within the meaning of section 78. (provided at relevant time) that overdrafts on current accounts do not need to be documented in the same way as loans and CC agreeements. Section 78 also refers to a statement of accounts, which will be provided upon payment of £1.

Hi Everyone,
Recieved reply back from Barclays about current account. Can you please advise.

Adinuff

[Adinuff]

Re: Adinuff's UE Diary

Adinuff, please ask your friend to register adding you as the referrer so we don't ban him, thinking he's a spammer from Sweden!! Ask him to start a UE diary listing all debts as you have done and Niddy will see if he can help.

IF...x

thanks soo much. Have sent an email to him already. Hopefully he can get started and Niddy can help him too

Adinuff

[IF]

Re: Adinuff's UE Diary

Adinuff, please ask your friend to register adding you as the referrer so we don't ban him, thinking he's a spammer from Sweden!! Ask him to start a UE diary listing all debts as you have done and Niddy will see if he can help.

IF...x

[Adinuff]

Re: Adinuff's UE Diary

Hi Niddy,
Thanks for the template.I have a question about a friend who is in Sweden. He is currently in the same situation as me. Cant service his debt to creditors. I mentioned this site and all the help i am getting. Is there anyone who knows anything that could help him. He could lose his house if his situation doesn't change immediately.

Adniff

[Never-In-Doubt]

Re: Adinuff's UE Diary

Hi Mate,
Same lender. thought i can kick start both. Iff CCA found i can look at charges PPI and interest to claim back.

Adniuff

Ahh do the CCA first - that saves a tenner. Trust us, deal with CCA then see what transpires from that

Dear Sirs

Account No/Reference No: XXXXXXXX

I hereby formally request a copy of my Consumer Credit Agreement, pursuant to s.77-79 of the Consumer Credit Act 1974 (CCA1974).

I require you to provide me with a true copy, or reconstituted copy of the credit agreement relating to any account you deem to be mine, together with any other documentation the Act requires you to provide. I expect you to comply fully and properly with this request, within the statutory time limit (12 + 2 days).

If it is your view that you are not the creditor, s.175 of the CCA1974 applies in the case of a simple assignment, and places a duty upon you to pass this request to the creditor. In the case of an absolute assignment, you are a creditor as defined by s.189. If you contend that you purchased the rights but not the duties of any agreement, you are reminded that s.189 of the Act is clear that an assignment is of both rights and duties. Your attention is drawn to ss.5(2), 3(b), 6 and 7 of the Consumer Protection from Unfair Trading Regulations 2008 (CPUTR).

I also remind you of your duties, in line with recent OFT Guidance (issued Oct 2010) surrounding Unenforceability, I presume you're aware that the OFT has stipulated that 'sections 77-79 of the Consumer Credit Act 1974 outline the information creditors must provide to debtors under fixed-term, running account & Hire Agreements'. This simply means that under these sections a debtor can pay £1 to get:

• a copy of their agreement
• copies of some of the other documents mentioned in their agreement
• a statement of account

If this information is not provided within 12 working days the debt becomes unenforceable. This means a creditor cannot:

• make the debtor pay the debt before they're supposed to
• get a court judgment against the debtor

So, in line with the OFT Guidance, and the Consumer Credit Act, please find attached my £1 payment, which is the statutory fee - note that these funds are not to be used for any other purpose. If you are unable to comply fully and properly with this request, you should confirm this in writing at the earliest opportunity, and certainly within the statutory time limit for compliance, and return the fee and then remove the incorrect entry from your systems.

I do, expect the main actions to be dealt with, as matter of course, and look forward to hearing from you within the prescribed time-scales quoted however, in the meantime, I require that you clarify your position on this point as failure to do so, even by omission or lack of a response, will be regarded as an attempt to deliberately misrepresent or conceal the legal position regarding this matter to which an appropriate complaint will be made to the OFT.

Yours faithfully,



Sign Digitally

[Adinuff]

Re: Adinuff's UE Diary

Also why do you need a SAR & CCA? Is this for separate lenders or the same one...?

Hi Mate,
Same lender. thought i can kick start both. Iff CCA found i can look at charges PPI and interest to claim back.

Adniuff

[Never-In-Doubt]

Re: Adinuff's UE Diary

Also why do you need a SAR & CCA? Is this for separate lenders or the same one...?

[Never-In-Doubt]

Re: Adinuff's UE Diary

Hi niddy,
Would you be so kind and too post me the CCA and SAR request Templates.I need to send off to a creditor today

many thanks

Adinuff

No post till Monday - they'll be back later - give me a couple hours