Originally posted by what2donext
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Dated Commenced - 25/5/06
Approx. Balance - £5297
Last Full Payment Paid - 23/5/11
DMP Payment Paid - 22/6/11 (no more payments being made)
07/07/11 CCA request sent
06/08/11 Recieved letter with CCA request and postal order in asking for a signature before they can process as part of security procedure
08/08/11 CCA Request-Demand of Signature by Creditor letter sent
13/08/11 Recieved letter with CCA request & postal order returned again stating
"Whilst we acknowledge the fact that the Consumer Credit Act 1974 does not require that you supply a copy of your signature before response with a s77/78 request, the data protection principles under the Data Protection Act 1998 (as amended from the original Data Protection Act 1984) requires us to excercise proper security with the disclosure of personal data.
I return your original copy of which i have kept for our records,and should be grateful if you would sign it.Alternatively,if you cannot sign it,please send me appropriate copy documentationto prove the bona fides of this request
In the meantime i will assemble the neccesary documentation which will be released upon receipt of your response validating this enquiry"
15/08/11 Signature Request - Formal Response letter sent
20/08/11 Recieved letter returning all our previous letters stating
"In our previous correspondence we have already acknowledged the fact that the Consumer Credit Act 1974 does not requre that you supply a copy of your signature before response with a s77/78 request,however the data protection principles under the Data Protection Act 1998 (as amended from the original Data Protection Act 1984) requires us to excercise proper security with the disclosure of personal data. I can confirm we are in possesion of your signed agreement, as we posses this document we have been able to send monthly account statements and letters in relation to your agreement with us. Letters which you send to us require manual intervention, therefore the agreement cannot be used in this instance".
In your correspondence you state "if it is for Data Protection purposes then i can supply you with documentation to substantiate my identity to you " Therefore we require this to enable us to send our response to you.
I have tried contacting you via telephone to validate this request, but have been unable to contact you,should you wish to verbally confirm this request please contact me directly.
10/09/11 Received letter stating : you have failed to maintain your temporary repayment arrangement with us,which was agreed to assist you, if we do not receive a payment within 7 days ,we will have no option but to assume you are unwilling to pay,your account will return to standard inteest rate and we will resume collections activity.This could include, The issue of a court summons etc etc. We have attempted to support you etc but without your cooperation we canot continue to do so.
16/11/11 Received general arrears letter
23/11/11 Received another general arrears letter
01/11/12 Received leter stating - Final opportunity to respond before we take further action and issue a default notice etc etc
02/12/11 Sent Niddy special
10/12/11 Received Default Notice
31/12/11 Received termination letter we do not understand why you have not contacted us etc etc.
07/01/12 Received letter stating-As we have not been able to contact you recently we have arranged for one of our representatives to call at your adress etc etc
07/01/12 Sent Harassment & Threat of Doorstep-Visit letter
01/02/12 Received CCA
04/02/12Niddy says Unenforceable
04/02/12 Sent Missing Prescribed Terms letter
03/04/12 Received a letter from Drydens lawyers -We are solicitors instructed by the above to whom you are indebted in the above sum in respect of credit card. Despite reminders issued by our client you have failed to make a payment.
Our client has issued and served a default notice upon you under the CCA1974. Your failure to comply with the notice now results in the termination of your credit agreement as at the date of this letter. Our client therefore demands repayment in the sum of £*****
Please be advised that unless we hear from you beforehand legal proceedings may be issued against you in 14 days. Our intention is to obtain a County Court Judgmentagainst you.
When a judgment is obtained the costs of the action are usually added to the debt. Once a judgment has been obtained and it remains unsatisfied, our client will seek to enforce it by way of a Charging Order which would secure the debt against your property.
03/04/12 Sent Threat-o-Gram Letter Before Action
07/04/12 Received letter from -drydensfairfax solicitors - We acknowledge safe receipt of your letter dated 3 April 2012. In accordance with our complaints procedure your letter has been referred to a member of the firm's compliance team for ivestigation. We aim to sendyou a detailed reply by 19th April 2012.
20/04/12 Received another letter from drydensfairfax - We write further to our letter of 5 April 2012 unfortunately we have not been able to complete our enquiries into this matter,we hope to complete our investigation and send you a detailed reply by 3 May 2012 etc etc.
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