Slickfm UE Diary

[Slickfm]

Re: Slickfm UE Diary

I would send something like this back to Rectums and attach a copy of the CCA Request you sent to Cabot for their records. It is vague for a reason, we don't want them to actually comply with s.78 because if it remains in default then they cannot enforce (s.78(6)) but we don't want to tell them that of course

Dear Sirs,

Ref: xxxxxxx

I write with reference to your letter dated 5th October 2015, the content having been noted.

A CCA Request was sent to Cabot on 3rd September 2015 which remains in default; a copy of my request is attached for your perusal.

I suggest you seek clarity from Cabot.

Yours faithfully,


Sign Digitally.

Hi all,

Received a response from Restons today regarding the letter I sent them (above). Letter says "Please find enclosed a draft letter which purports to come from you but which is unsigned. You will appreciate that we must ensure we are corresponding with the correct person and that anyone requesting information is entitled to receive it. Please ensure that all documentation is signed failing which we will not acknowledge receipt or provide any response."

Any thoughts folks?

Cheers
Slick

I'll sort you a response shortly. Time to rip rectums a new arsehole.

Please clarify -

1. Did you ever contact them or did they make first contact with you, and what date did they first write?
2. Were you sent a letter by the OC / DCA saying it was sold to Restons and if so what date and who sent that letter?

Thanks

* your CCA request is still valid. They're screwed if they issue a claim. Jo would destroy them

Haha thanks Niddy. Sorry for late reply (been away for the weekend). Answers to your questions below.

1. No, Restons made first contact with me letter dated 05.10.15
2. Cabot sent me a letter dated 24.09.15 in which they mention that they are referring the account to Restons.

As always, i really appreciate your help

I would send something like the below, and attach a copy (not the original) of their last letter and your last letter........

Dear Sirs,

Ref: xxxxxxxx

I write with reference to previous correspondence the content of which has been noted.

I'd like to draw your attention to the fact that the Consumer Credit Act 1974 does not require that I supply you a copy of my signature. If it is for Data Protection purposes then I can supply you with documentation to substantiate my identity to you however the question that must first be asked is why did you write to me, using my name, at my home address on 5th October 2015 if you were not certain it was me?

The person who sent the 'purported letter' used the same name, address and reference that you used when you made initial contact and as you've now admitted in writing that you have deliberately sent letters of a legal and sensitive nature to a person that you were not certain resided there, let alone that it was the person you intended to speak to I can only assume you're prepared for the formal complaints that will now be raised.

You and your clients have happily sent statements and correspondence containing extensive sensitive private information to my address and so I have to ask, if you are so concerned that you are corresponding with the correct person why has it taken you so long to raise this and why did you write to me on 5th October 2015 if you weren't sure it was me you were writing to (bear in mind no details have changed since the last account activity..)?

As you are aware, disclosing data without adequate checks of identity is contrary to the 7th principal of Data Protection, listed in schedule 1 of the Data protection Act 1998:

Appropriate technical and organisational measures shall be taken against unauthorised or unlawful processing of personal data and against accidental loss or destruction of, or damage to, personal data.

I note that there is no provision that removes the requirements of the act to provide this information on time, even if you are unsure of my identity; which therefore means that this account looks likely to become unenforceable until such time you actually respond to my lawful request for a copy of the agreement.

I am not going to sign anything as there is nothing that formally allows you to demand such information. Any future failings will be swiftly reported to the regulatory bodies so I politely suggest you adhere to this refusal.

I have nothing left to say to you. My position is now crystal clear.

Yours faithfully,


Sign Digitally

Hi all,

I sent the above letter to Restons yesterday, but they have already applied to the county court as this morning i have received a claim form from Northampton

I will drop Niddy an email to let him know this latest development.

Cheers
Slick

[Never-In-Doubt]

Re: Slickfm UE Diary

Idiots.

Thanks. Email me the N1 claim. Copy in planb@all-about-debt.co.uk too please.

ive already alerted Jo to your thread

[Slickfm]

Re: Slickfm UE Diary

Idiots.

Thanks. Email me the N1 claim. Copy in planb@all-about-debt.co.uk too please.

ive already alerted Jo to your thread

Cheers mate,

I cannot scan and email until Monday. If I take pictures on my iPhone and email them will that do for now?

[Never-In-Doubt]

Re: Slickfm UE Diary

Monday is fine pal. Try and relax. How much is being claimed?

[Slickfm]

Re: Slickfm UE Diary

I will thanks mate and i will make sure to email on Monday. I have been through this claim process before with another account albeit about 3 years ago, so i am ready for whatever i need to do?

Claiming £10341.48 + Court fee and costs of £565.37.

Cheers

[Never-In-Doubt]

Re: Slickfm UE Diary

Oh and fast track too. Jo should be able to cause Restons some issues with this I'd suspect

[Never-In-Doubt]

Re: Slickfm UE Diary

Don't do ANYTHING. Once you send the N1 (& your original CCA request plus copy letters) to us then Jo will be in touch. Right now don't respond or do anything to the claim.

[PlanB]

Re: Slickfm UE Diary

they have already applied to the county court as this morning i have received a claim form from Northampton

I'm sorry to hear this Slick. Try not to let it spoil your weekend

Is the claim for your Lloyds TSB loan which Niddy said was enforceable last December?

So you received a CCA in December 2014 which Niddy said was enforceable?

There is more than one way for a claim to fail not just s.78 so let's see what we can come up with

Plan B x

[Slickfm]

Re: Slickfm UE Diary

I'm sorry to hear this Slick. Try not to let it spoil your weekend

Is the claim for your Lloyds TSB loan which Niddy said was enforceable last December?



There is more than one way for a claim to fail not just s.78 so let's see what we can come up with

Plan B x

Hi PlanB, yeah its the same account. I really appreciate your help and comments. Thanks so much

Cheers
Slick

[Slickfm]

Re: Slickfm UE Diary

Don't do ANYTHING. Once you send the N1 (& your original CCA request plus copy letters) to us then Jo will be in touch. Right now don't respond or do anything to the claim.

Just one last thing Niddy before i go and chill. When you say original CCA request do you mean the one i sent to marlin last year or the one sent to Cabot (Marlin) 8 weeks ago?

Signing off now promise

Cheers

[Never-In-Doubt]

Re: Slickfm UE Diary

Just one last thing Niddy before i go and chill. When you say original CCA request do you mean the one i sent to marlin last year or the one sent to Cabot (Marlin) 8 weeks ago?

Signing off now promise

Cheers

both mate. Please PDF as follows;

1. Original CCA request & their response (in one PDF)
2. All letters you sent and latest CCA plus replies received in a new PDF.
3. The N1 claim in a new PDF.

Thanks mate

** I know the letters I've done are here but we don't expect Jo to read a thousand posts to get the info needed hence we ask for a PDF

[PlanB]

Re: Slickfm UE Diary

When you say original CCA request do you mean the one i sent to marlin last year or the one sent to Cabot (Marlin) 8 weeks ago?

I'll email you a list of documents needed

No need to worry about all this today.

Plan B x

[Never-In-Doubt]

Re: Slickfm UE Diary

Hi PlanB, yeah its the same account. I really appreciate your help and comments. Thanks so much

Cheers
Slick

What may have been enforceable a year ago may not be so now. Plus I'm sure there WERE a few (albeit remediable) errors?

[Never-In-Doubt]

Re: Slickfm UE Diary

I'll email you a list of documents needed

no need.

both mate. Please PDF as follows;

1. Original CCA request & their response (in one PDF)
2. All letters you sent and latest CCA plus replies received in a new PDF.
3. The N1 claim in a new PDF.

Thanks mate

** I know the letters I've done are here but we don't expect Jo to read a thousand posts to get the info needed hence we ask for a PDF

[PlanB]

Re: Slickfm UE Diary

Slickfm one more thing.

Can you start another thread specifically for this claim here http://forums.all-about-debt.co.uk/s...l=1#post461134

Once you've done that we can then move across the posts from your Diary and keep everything private in the Legal Section in AAD+ since you are a member.

Plan B x