lookingforward's UE Diary

[Never-In-Doubt]

Re: fedupwiththeworry's UE Diary

[lookingforward]

Re: fedupwiththeworry's UE Diary

DLC/Citi C/C


24.5.10 CCA Request sent

27.5.10 Response received awaiting copy of original from CITI


8.7.10 Response received stating they are still awaiting a copy of requested documents and will forward when this becomes available.

29.7.10 Letter rec’d stating they are following up their request for the docs requested and will forward a copy when available.
26.8.10 Letter rec’d they are still wtg orig docs from their client.
4.9.10 Hillesden have sent letter stating that due to the age of the a/c the original executed agreement is no longer available, however the enclosed “True” copy is sufficient to satisfy the CCA 1974 regulations. Whilst we may not be able to enforce the agreement the monies remain o/s we are prevented from taking steps to enforce the credit agreement but the underlying obligation to pay remains in tact. They can report to credit ref agencies etc. They’ve also enclosed some copies of statements.

Today
25.11.10 Notice of sums in arrears letter rec’d - Ignoring

[lookingforward]

Re: fedupwiththeworry's UE Diary

2 letters today, 1st one is ref CL Finance/ASDA c/c

Story so far:
Last payment 27.04.10

24.5.10 CCA Request sent

1.6.10 Normal statement received showing £1.00 cca payment taken off as a cash payment.

3/06/10 CCA REMINDER SENT

4.6.10 CL Finance sent letter as the creditor in the matter. They do not hold a copy so are in process of retrieving. Confirm no enforcement action while request is o/s.

25.06.2010 Copy of original Application form rec’d.

29.06.2010 S10 Cease and Desist posted

6.7.10 Letter from CL rec’d in response to chase up stating they have responded and enclosing copy of details we rec’d 25.6.10

8.7.10 Normal statement received

2.8.10 Normal statement rec’d plus a letter advising I’ve failed to make concessionary payment. If no payments agreement will be cancelled, default registered etc wtg Niddy to see if I ignore

12.8.10 Default notice and default charges letters rec’d-no action req’d on these re niddy

13.8.10 Debtors final response cca recd letter sent to cl finance

25.8.10 Letter rec’d from CL stating they have fullfilled their obligations and sent a copy of the same info again.

4.9.10 Normal statement rec’d

6.9.10 Refusal by lender to accept UE letter sent to cl finance

5.10.10 letter from CL re my letter 6.9.10 saying they have noted but not accepted the contents. It remains their contention that they have provided a true copy of the original agreement and the T&C's that were incoroprated on the reverse of my agreement.

They have no further comments to add to the matter and therefore look forward to receiving my payment proposals by return.........

Ignore re Niddy

16.10.10 Statement rec’d from CL (Oct 08-Jul 10) ignore re Niddy

22.10.10 2 seperate letters rec'd from CL today1 is a statement and 1 is stating that I've failed to make the agreed payments, if payment is not rec'd the arrangement will be cancelled and further action will be taken to recover the full balance. Please treat this letter as formal notification that if I do not make the agreed payment a default will be registered at the credit ref agencies etc etc.
5.11.10 Letter rec’d from CL Finance with notice of default sums £12.00 total

5.11.10 Default notice served under section 87(1) of the CCA 1974 received with OFT info sheet included. Payment needs to be made by 20.11.10 if not then my a/c will be closed and solicitors may be instructed to issue legal proceedings against me for recovery of the full o/s balance.


Todays Letter rec’d from Lewis Debt Recovery Final Demand. Notice issued on behalf of CL Finance Ltd, payment due 30.11.10 must pay or contact them to discuss options available. If not further action may result in extra collection charges and a debt collector may be instructed to visit my home to personally collect the debt.

Sorry couldn't carry on with the colour coding the page kept skipping about

[lookingforward]

Re: fedupwiththeworry's UE Diary

The other letter is from 1st credit re the MBNA loan Threat O Gram letter I sent them last week saying they have passed to the appropriate dept who shall respond in due course...ignoring.

[Never-In-Doubt]

Re: fedupwiththeworry's UE Diary

DLC/Citi C/C

24.5.10 CCA Request sent

Today
25.11.10 Notice of sums in arrears letter rec’d - Ignoring

Just continue to ignore......

[Never-In-Doubt]

Re: fedupwiththeworry's UE Diary

2 letters today, 1st one is ref CL Finance/ASDA c/c

Todays Letter rec’d from Lewis Debt Recovery Final Demand. Notice issued on behalf of CL Finance Ltd, payment due 30.11.10 must pay or contact them to discuss options available. If not further action may result in extra collection charges and a debt collector may be instructed to visit my home to personally collect the debt.

Send this to Lewis: ---> viewtopic.php?p=20203#p20203 and merge this into it at the bottom, after the last paragraph:

Should it be your intention to arrange a doorstep visit, please be advised that under OFT rules, you can only visit me at my home if you make an appointment and I have no wish to make such an appointment with you.

There is an implied license under English Common Law for people to be able to visit me on my property without express permission; the postman and people asking for directions etc (Armstrong v Sheppard & Short Ltd [1959] 2 QB 384. per Lord Evershed M.R.). Therefore take note that I revoke license under Common Law for you, or your representatives to visit me at my property and, if you do so, you will be liable to damages for a tort of trespass and action will be taken, including but not limited to, police attendance.

Sorry couldn't carry on with the colour coding the page kept skipping about

Its cool, thanks for trying! Its best to just add a link to the original post if you can - when it gets this long ;;L

[Never-In-Doubt]

Re: fedupwiththeworry's UE Diary

The other letter is from 1st credit re the MBNA loan Threat O Gram letter I sent them last week saying they have passed to the appropriate dept who shall respond in due course...ignoring.

Just ignore til they respond.

[lookingforward]

Re: fedupwiththeworry's UE Diary

Hi Niddy, re the CL/ASDA letter, sorry if I'm being thick today but where you mention deleting ref's to S77-S79 if you have a card (this one is a credit card) if I delete all the hi-lighted sections below would that be correct ?

Dear Sirs,

Account No: XXXXXXXX

I write with reference to the above numbered account. I would like to point out that this account is formally in dispute with *Original Creditor* and has been since they failed to acknowledge my Consumer Credit Agreement (CCA) Request, in line with s.77-s.79 of the Consumer Credit Act 1974 (CCA1974).
As you are no doubt aware, your continual harassment not only breaches the Consumer Credit Act (1974), but also the Data Protection Act (1998), the Consumer Protection From Unfair Trading Regulations (2008) and the Office Of Fair Trading's Debt Collection Guidelines. Being that the Original Creditor is now in default of my CCA Request and OFT Debt Collection Guidelines, I consider this account to be in serious dispute, especially due to the fact that whilst my CCA Request remains in default (outstanding), enforcement action is not permitted in line with s.127(3) of the CCA1974.

Similarly, in line with recent OFT Guidance surrounding Unenforceability, I presume you're aware that you, as a creditor / debt collection agency will be aware, the OFT has stipulated the following;

Sections 77-79 of the Consumer Credit Act 1974 outline the information creditors must provide to debtors under fixed-term, running account & Hire Agreements. 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

As this account is clearly unenforceable, I expect you to write back and confirm that no further action will be taken and that the account is now closed and no further correspondence will take place; irrespective, unless you do supply a lawful agreement I will not correspond with you again and any threats will be averred and unlawful and vexatious with a counter-claim forthcoming. 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.

Consequently, any legal action you pursue will not only be fully and vigorously defended, it will also be averred as both unlawful and vexatious. As such I respectfully suggest that this account is returned to the original creditor for immediate resolution prior to my seeking legal advice; due to the fact you cannot lawfully pursue any enforcement activities as the account was already in dispute at the time you became involved.

Yours faithfully

[lookingforward]

Re: fedupwiththeworry's UE Diary

Also received from 1st Credit a copy of the MBNA Loan agreement, I'll emailing it through Niddy

Thanks as always

[Never-In-Doubt]

Re: fedupwiththeworry's UE Diary

Hi Niddy, re the CL/ASDA letter, sorry if I'm being thick today but where you mention deleting ref's to S77-S79 if you have a card (this one is a credit card) if I delete all the hi-lighted sections below would that be correct ?

Hiya

I explained what to do! If you'd deleted your highlighted sections (in blue) - the letter would be a dogs dinner! You edit the highlighted parts, ie bold parts! ;;L

I'll do it for you then yea? ;D

Send this!

• Dear Sirs,
  
  Account No: XXXXXXXX
  
  I write with reference to the above numbered account. I would like to point out that this account is formally in dispute with Asda (GE Money) being they are the Original Creditor. It has been in dispute since they failed to acknowledge my Consumer Credit Agreement (CCA) Request, in line with s.78 of the Consumer Credit Act 1974 (CCA1974).
  
  As you are no doubt aware, your continual harassment not only breaches the Consumer Credit Act (1974), but also the Data Protection Act (1998), the Consumer Protection From Unfair Trading Regulations (2008) and the Office Of Fair Trading's Debt Collection Guidelines. Being that the Original Creditor is now in default of my CCA Request and OFT Debt Collection Guidelines, I consider this account to be in serious dispute, especially due to the fact that whilst my CCA Request remains in default (outstanding), enforcement action is not permitted in line with s.127(3) of the CCA1974.
  
  Similarly, in line with recent OFT Guidance surrounding Unenforceability, I presume you're aware that you, as an authorised collection service for the Original Creditor; that the OFT has stipulated the following;
  
  • Section 78 of the Consumer Credit Act 1974 clearly outlines the information creditors must provide to debtors under fixed-term, running account & Hire Agreements. 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[/\*]
    [/\*]
  
  
  As this account is clearly unenforceable, I expect you to write back and confirm that no further action will be taken and that the account is now closed and no further correspondence will take place; irrespective, unless you do supply a lawful agreement I will not correspond with you again and any threats will be averred and unlawful and vexatious with a counter-claim forthcoming. 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.
  
  Consequently, any legal action you pursue will not only be fully and vigorously defended, it will also be averred as both unlawful and vexatious. As such I respectfully suggest that this account is returned to the original creditor for immediate resolution prior to my seeking legal advice; due to the fact you cannot lawfully pursue any enforcement activities as the account was already in dispute at the time you became involved.
  
  Should it be your intention to arrange a doorstep visit, please be advised that under OFT rules, you can only visit me at my home if you make an appointment and I have no wish to make such an appointment with you. There is an implied license under English Common Law for people to be able to visit me on my property without express permission; the postman and people asking for directions etc (Armstrong v Sheppard & Short Ltd [1959] 2 QB 384. per Lord Evershed M.R.). Therefore take note that I revoke license under Common Law for you, or your representatives to visit me at my property and, if you do so, you will be liable to damages for a tort of trespass and action will be taken, including but not limited to, police attendance.
  
  Yours faithfully
  
  
  Sign digitally[/\*]

[Never-In-Doubt]

Re: fedupwiththeworry's UE Diary

Also received from 1st Credit a copy of the MBNA Loan agreement, I'll emailing it through Niddy

Thanks as always

This is a right mess, MBNA have cost themselves over £20k with this balls up ;;L

Ok, i'll put you out your misery - it is unenforceable nah

Why?

See here: ---> viewtopic.php?p=12111#p12111

This should be a multiple agreement with separate details and separate apr etc shown for the PPI (as it is in essence a separate loan) - as they have omitted all this, ooops!

Respond to 1st Crappy Credit with the following: ---> viewtopic.php?p=1503#p1503

Well done - result!

[lookingforward]

Re: fedupwiththeworry's UE Diary

Thanks Niddy, much appreciated, greAt news re MBNA

[Never-In-Doubt]

Re: fedupwiththeworry's UE Diary

[lookingforward]

Re: fedupwiththeworry's UE Diary

Hi everyone, hope you are all well, been quiet around here recently thank goodness. Today however a letter from NCO Europe.

Story so far:

RBS Mint C/C

24.5.10 CCA Request sent

3.6.10 Normal statement received.

10.06.10 CCA showing as still in Royal mails system!

10.06.10 CCA Reminder Sent

19.6.10 CCA Received enforceable but try to blag it re Niddy

29.06.2010 S10 Cease & Desist sent

8.7.10 Normal statement received

15.7.10 Final demand for payment letter received saying if payment is not received they will send to DCA. Need to ask Niddy’s advice.

28.7.10 Letter received 15.7.10 need payment in 14 days or going to DCA

2.8.10 Normal Statement rec’d

11.8.10 Sent debtors final response cca rec’d letter re Niddy

21.8.10 Letter rec’d stating do not consider in dispute

28.8.10 Letter rec’d from RMA states instructed by their client Mint to collect the full overdue balance, call ….. to make payment by credit/debit card or call ….. to discuss repayment proposals.

6.9.10 A/C sold whilst in default of cca req letter to RMA 6.9.2010

20.11.10 letter from Westminster Solicitors acting on behalf of RMA threatening legal action.

23.11.10 Threat O Gram letter before action letter to RMA

23.11.10 Threat by lender/dca to commence litigation letter to westminsters


Todays letter from NCO (RMA) states they are in receipt of my letter and the content is duly noted.
As a 3rd party representitive, they can confirm there has been no purchase of the account and therefore they are not in a position to supply a copy of my credit agreement. There is no record in their system notes of any prev requests being rec'd.
To obtain a copy of my credit agreement send a written request along with £1.00 to RBS at the foll address etc etc

In order to ensure full satisfaction in this matter they can advise that the a/c has been placed into a holding status, meaning no further communication written or telephone based will be made until there is satisfaction reached. However should you wish to speak directly we provide a direct contact who will seek to resolve any o/s concerns in this matter (as if ;;L )

We trust the issues have been addressed etc etc.

So that's them fended off then and I asume I ignore

[Never-In-Doubt]

Re: fedupwiththeworry's UE Diary

Yes, ignore for the moment.......