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  • #16
    Re: Miss-Treated's UE Diary

    OK, here is a letter. I would send it to Greenies by first class recorded mail tomorrow. Let me know if you want it amending.

    "Dear Sirs

    Re your letter dated xxth June 2013.

    Thank you for your letter, the contents of which I have noted. Since your letter clearly refers to the threat of litigation, I am treating it as a formal letter of claim, albeit an entirely defective one. I refer you to the Civil Procedure Rules Pre-Action Protocol practice direction, in particular Annex A and Annex B. You will note your letter fails spectacularly to comply with either of the aforesaid Annexes.

    Since you are a firm of solicitors, I cannot excuse such failures, and place you on notice that any litigation on the back of this letter will result in an immediate application to the Court requesting the matter stayed, with costs against you and your client on the indemnity basis. I refer you to Para 4.6 of the Practice Direction which explains the consequences of non compliance with the Pre-Action Protocol.

    Turning to the subject matter of your letter, this matter is the subject of disputes which have been raised with your clients representatives, and therefore it would be appropriate before you threaten litigation for your clients to actively deal with the issues which I have raised.

    The main crux of my dispute is your clients' persistent failure to comply with the legislation under which this issue falls, namely the Consumer Credit Act 1974. The way in which they have sought to evade their obligations has left me in a position where I am unable to ascertain whether or not any liability exists to your clients, nor to quantify any liability should it exist.

    Firstly, you appear to have lumped together three separate accounts into one, so as to create confusion and obfuscate the reality of each individual situation. Obviously, the circumstances surrounding the dispute on each individual alleged account is different. I will now detail these disputes in chronological order of opening.

    The first part of the alleged debt for which you are claiming appears to relate to an extremely old Advantage Gold account. The paperwork which the alleged creditor is required to provide for this type of account, by the provisions of The Consumer Credit (EU Directive) Regulations 2010 and also c.39 (s.74 (A&B) (VA)) CCA(1974), has never been forthcoming. Consequently, I am entirely unsure of any possible liability, or its possible extent. I have now formally requested such paperwork once again, so I refer you back to the account holder to liaise with them to provide the required documentation.

    A similar situation exists with the second component account, which appears to be a Current Account Plus of slightly more recent vintage. No compliant paperwork has been received in this case either, and it has also been requested once again. In this case, though, the overriding consideration is that the last payment or written acknowledgement of the alleged debt occurred in 2006. The consequence of this is that it is barred from action by the provisions of Section 5 of the Limitation Act 1980.

    The third and final component appears to relate to a slightly more recent personal loan. On 24th September 2012, I forwarded a request for information pursuant to Section 77 of the Consumer Credit Act 1974. The response from the alleged creditor, dated 12th October 2012, was that “the original loan agreement had been 'misfiled'”, and "the loan has insufficient detail to enable us to recreate this agreement". Conformation of this was received in a further communication on 18th April 2013.

    Consequently, the request remains in default to this day, and while this default endures, enforcement is prohibited. Without the required documentation, I am in no position to assess the possibility of being liable to the alleged creditor, nor, if indeed liable, to quantify any such liability.

    Accordingly, and in accordance with the CPR Pre Action Protocol practice direction, I look forward to your reply setting out correctly the nature of your clients claim and answering my disputes as stated above.

    Yours Faithfully,"



    At the same time, I would send the two overdraft letters to Tryiton. Don't worry about the possible SB issue for two reasons. Firstly, if it is SB, nothing can then take it back to being not SB, and this letter does not acknowledge the alleged debt in any case.

    SH

    Comment


    • #17
      Re: Miss-Treated's UE Diary

      ^^^ very good SH
      I'm the forum administrator and I look after the theme & features, our volunteers & users and also look after any complaints or Data Protection queries that pass through the forum or main website. I am extremely busy so if you do contact me or need a reply to a forum post then use the email or PM features offered because I do miss things and get tied up for days at a time!

      If you spot any spammers, AE's, abusive or libellous posts or anything else that just doesn't feel right then please report them to me as soon as you spot them at: webmaster@all-about-debt.co.uk

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      • #18
        Re: Miss-Treated's UE Diary

        Originally posted by Never-In-Doubt View Post
        ^^^ very good SH
        Thank you.

        I must give credit to the esteemed Mr T as well, whose outline it is that we compose such epistles within.

        SH

        Comment


        • #19
          Re: Miss-Treated's UE Diary

          Mr T was away to collect his kebab when I just spoke to him.

          Never changes
          I'm the forum administrator and I look after the theme & features, our volunteers & users and also look after any complaints or Data Protection queries that pass through the forum or main website. I am extremely busy so if you do contact me or need a reply to a forum post then use the email or PM features offered because I do miss things and get tied up for days at a time!

          If you spot any spammers, AE's, abusive or libellous posts or anything else that just doesn't feel right then please report them to me as soon as you spot them at: webmaster@all-about-debt.co.uk

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          • #20
            Re: Miss-Treated's UE Diary

            Originally posted by ScabHunter View Post
            Thank you.

            I must give credit to the esteemed Mr T as well, whose outline it is that we compose such epistles within.

            SH
            Its still a bloody good letter.

            Comment


            • #21
              Re: Miss-Treated's UE Diary

              Originally posted by helmsman View Post
              Its still a bloody good letter.
              It is a damned good, bloody good letter and I shall follow it to the... err ... letter.

              Thank you very much SH.

              Comment


              • #22
                Re: Miss-Treated's UE Diary

                The three letters are done and will be in the post tomorrow.

                Thanks SH and everyone.

                Comment


                • #23
                  Re: Miss-Treated's UE Diary

                  Originally posted by Miss-Treated View Post
                  The three letters are done and will be in the post tomorrow.

                  Thanks SH and everyone.
                  Brilliant Miss-Treated

                  Well done SH from me too
                  "If wishes were horses, beggars would ride"

                  Comment


                  • #24
                    Re: Miss-Treated's UE Diary

                    This is the last of my five debts.

                    Type of account: Credit Card
                    Date commenced:1998
                    Approx balance: almost £5000
                    Date last paid: Dec 2012
                    Are you on arrangement: Was paying £22 pm - now stopped
                    Status: Default (2006)
                    Account owner: NatWest

                    21-05-2012 F&F offer letter sent offering £1300
                    .
                    29-05-2012 Refusal of F&F offer, but they will accept £4148.66.
                    27-09-2012 s.78 Consumer Credit Agreement request letter sent.
                    02-10-12. PPI claim sent.
                    02-10-12. SAR sent.

                    13-10-12 Letter dated 08-10-12 confirming PPI claim received
                    13-11-12 PPI claim refused

                    30-11-12 PPI claim referred to FOS
                    23-10-12 Letter sent as follow-up to not receiving the CCA
                    30-10-12 Reconstituted CCA arrived (letter dated 17-10-12)
                    14-01-13 Letter saying payment arrangement is due for review.
                    Niddy says the CCA is as just T&Cs received.
                    PPI claim is now with the FOS.
                    SAR information just received including a short note saying, 'We were unable to obtain a copy of the original application form'.
                    03-04-13 FOS are "unable to uphold complaint".
                    24-03-13 FOS complaint referred to an Ombudsman.
                    14-01-13. NW letter - please contact us.
                    08-04-13. NW letter - they are disappointed - failed to comply with agreement.
                    24-04-13. NW letter - still disappointed - will pass to a DCA.
                    17-05-13. Letter from Triton Credit Services. Payment demand for full amount.

                    29-05-13 'Terms and Conditions Received' letter to NatWest.
                    03-06-13 Triton letter - urgent action required.

                    Comment


                    • #25
                      Re: Miss-Treated's UE Diary

                      Reference my Nat West credit card (previous post).

                      I have just received a letter from Green & Co Solicitors - it is attached. I have had no reply to my 'T&Cs received' of 29th May.

                      What should I do/send, please?
                      Attached Files

                      Comment


                      • #26
                        Re: Miss-Treated's UE Diary

                        Originally posted by Miss-Treated View Post
                        Reference my Nat West credit card (previous post).

                        I have just received a letter from Green & Co Solicitors - it is attached. I have had no reply to my 'T&Cs received' of 29th May.

                        What should I do/send, please?
                        --> Threat-o-Gram Letter Before Action - allaboutDEBT UK

                        Are you a homeowner?
                        I'm the forum administrator and I look after the theme & features, our volunteers & users and also look after any complaints or Data Protection queries that pass through the forum or main website. I am extremely busy so if you do contact me or need a reply to a forum post then use the email or PM features offered because I do miss things and get tied up for days at a time!

                        If you spot any spammers, AE's, abusive or libellous posts or anything else that just doesn't feel right then please report them to me as soon as you spot them at: webmaster@all-about-debt.co.uk

                        Comment


                        • #27
                          Re: Miss-Treated's UE Diary

                          Originally posted by Never-In-Doubt View Post
                          Yes, but it is on the market at present. Mortgage is with Nat West too.

                          Comment


                          • #28
                            Re: Miss-Treated's UE Diary

                            Originally posted by Miss-Treated View Post
                            Yes, but it is on the market at present. Mortgage is with Nat West too.
                            You should be fine, get it sold quick smart
                            I'm the forum administrator and I look after the theme & features, our volunteers & users and also look after any complaints or Data Protection queries that pass through the forum or main website. I am extremely busy so if you do contact me or need a reply to a forum post then use the email or PM features offered because I do miss things and get tied up for days at a time!

                            If you spot any spammers, AE's, abusive or libellous posts or anything else that just doesn't feel right then please report them to me as soon as you spot them at: webmaster@all-about-debt.co.uk

                            Comment


                            • #29
                              Re: Miss-Treated's UE Diary

                              Originally posted by Never-In-Doubt View Post
                              You should be fine, get it sold quick smart
                              Thanks for that.

                              Get it sold quick? OK, will try everything. Do you fancy a sea-front flat in the North East?

                              Comment


                              • #30
                                Re: Miss-Treated's UE Diary

                                Originally posted by Miss-Treated View Post
                                Thanks for that.

                                Get it sold quick? OK, will try everything. Do you fancy a sea-front flat in the North East?
                                haha - not that quick!

                                I mean, are you getting a new place on mortgage or renting after it sells?
                                I'm the forum administrator and I look after the theme & features, our volunteers & users and also look after any complaints or Data Protection queries that pass through the forum or main website. I am extremely busy so if you do contact me or need a reply to a forum post then use the email or PM features offered because I do miss things and get tied up for days at a time!

                                If you spot any spammers, AE's, abusive or libellous posts or anything else that just doesn't feel right then please report them to me as soon as you spot them at: webmaster@all-about-debt.co.uk

                                Comment

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