Maui Jim's UE Diary

[mauijim]

Re: Maui Jim's UE Diary

You send the CCA request to whoever is writing to you at the time. They may claim otherwise but it's upto them to then request it from the original creditor.

Yes but what generally happens is they renege on their responsibility and I just spend more money on postage. I have never had a DCA act properly yet...still there is always hope!

[garlok]

Re: Maui Jim's UE Diary

Ah but MJ look at it this way, if you have made the request formally and you can prove it (postal receipt etc cashing of PO etc) then it is they that are in default legally until they do comply. Yes its a pain, yes its not right but we do these things to remain as much in control of the situation as we can.

Everytime they step out of line is another little bit of ammunition to use against them. That is why the template letters are structured the way they are. designed to exploit the flaws in their procedures and actions and documents. This being the way to keep it from the court door if all possible and get them to back down. If they don't then the odds may have just moved enough in your favour for the court to see them off.

Don't forget you can always use the CPUTR method on them if you have to. There are cases on record of the DCAs you mention who have backed down when faced with such a request.

regards
Garlok

[mauijim]

Re: Maui Jim's UE Diary

Update Barclaycard

10/12/11 I had a reply from Barclaycard today, there was a lot of in it but they claim it is a valid CCA, the account is not in dispute and they will continue to pursue the debt according to Barclaycard conditions.

Niddy, would you like me to scan a copy of the letter and post it here or in the secure section?

MJ

[Deepie]

Re: Maui Jim's UE Diary

Update Barclaycard

10/12/11 I had a reply from Barclaycard today, there was a lot of in it but they claim it is a valid CCA, the account is not in dispute and they will continue to pursue the debt according to Barclaycard conditions.

Niddy, would you like me to scan a copy of the letter and post it here or in the secure section?

MJ

He will have seen 100s of those letters.....

[mauijim]

Re: Maui Jim's UE Diary

He will have seen 100s of those letters.....

I thought as much but felt it was best to ask the question.

[Never-In-Doubt]

Re: Maui Jim's UE Diary

Update RBS

09/12/11 Letter received from Green & Co Solicitors, Telford. Our client Triton Service acting for RBS have instructed us to collect We may do this

I will now make an apology to all AAD forumites. I need to request a CCA from these people.

I just wanted to update my diary and ask to whom should I post the CCA to? As I know Triton and Green & Co are likely to return my request reneging on their responsibility should I simply send it to RBS direct?

Cheers

MJ

Send to the owners so in this case, Try-it-On - send it asap!

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

[Never-In-Doubt]

Re: Maui Jim's UE Diary

Update..new demand from Arvato Limited

Any thoughts? I am just going to ignore them unless you guys say otherwise!

Ignore them and see what happens, if they get snotty then fight it - it's up to you really what you do, probably fight it anyway - email the top-dog and see what that does....

[Never-In-Doubt]

Re: Maui Jim's UE Diary

Update Crap West Credit Card

09/12/11 Letter received from Green & Co Solicitors, Telford. Our client Triton Service acting for RBS have instructed us to collect We may do this

I will now make an apology to all AAD forumites. I need to request a CCA from these people.

I just wanted to update my diary and ask to whom should I post the CCA to? As I know Triton and Green & Co are likely to return my request reneging on their responsibility should I simply send it to Crap West direct?

Cheers

MJ

As above, funny how both have been handed over at the same time..... send a CCA request - one for each account, in one envelope but with two postal orders/cheques @ £1 each.....

[Never-In-Doubt]

Re: Maui Jim's UE Diary

Yes but what generally happens is they renege on their responsibility and I just spend more money on postage. I have never had a DCA act properly yet...still there is always hope!

No in this case the DCA (Try-it-On) should be dealing with the s.78 request and if they try it on (lol no pun intended) then simply quote them s.175 (CCA1974).....

[Never-In-Doubt]

Re: Maui Jim's UE Diary

Update Barclaycard

10/12/11 I had a reply from Barclaycard today, there was a lot of in it but they claim it is a valid CCA, the account is not in dispute and they will continue to pursue the debt according to Barclaycard conditions.

Niddy, would you like me to scan a copy of the letter and post it here or in the secure section?

MJ

Same old shyte I see from them daily no doubt - no need to email, just ignore for now and see what happens next

[helmsman]

Re: Maui Jim's UE Diary

Update Barclaycard

10/12/11 I had a reply from Barclaycard today, there was a lot of in it but they claim it is a valid CCA, the account is not in dispute and they will continue to pursue the debt according to Barclaycard conditions.

Niddy, would you like me to scan a copy of the letter and post it here or in the secure section?

MJ

Had the same letter last week they must have copied a few thousand.

[mauijim]

Re: Maui Jim's UE Diary

Duly ignored...back to the Rugby

MJ

[mauijim]

Re: Maui Jim's UE Diary

As above, funny how both have been handed over at the same time..... send a CCA request - one for each account, in one envelope but with two postal orders/cheques @ £1 each.....

Cheers, I will get onto this on Monday

MJ

[mauijim]

Re: Maui Jim's UE Diary

No in this case the DCA (Try-it-On) should be dealing with the s.78 request and if they try it on (lol no pun intended) then simply quote them s.175 (CCA1974).....

That's fine, I'll send the CCA request as advised in the other post.

MJ

[mauijim]

Re: Maui Jim's UE Diary

The Royal Mail national computer system has crashed I visited a few post offices before someone told me they hadn't just closed for lunch!

I have printed the postage ready to send to Tryiton but I'll have to wait until tomorrow now!

Their website has been awful for weeks and today it is very bad! I think I would be better off with a pigeon!

MJ