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**garlok** · 22 October 2011, 11:33

Re: DNW's UE Diary

As I am aware that Wragge & Co don't usually mess about, they are certainly not one of the "letterheads for rent" mob that we are all used to, I thought that we should move something quite quickly as without seeing it myself the agreement had been declared enforceable. If Wragge & Co had/do issue(d) on Monday as suggested in their letter then at least something would be on the table, if nothing else as a stalling tactic. If they do issue and there were no mitigating circumstances like a benefactor offer or a monthly plan (£1 a month) it is possible the cause could fall on the facts as presented here.

I still think they are applying the pressure couched in legal terms but there is always the chance they will do what they say. Depends a lot on how much business they do with Honda.

Garlok

**DNW** · 22 October 2011, 11:37

Re: DNW's UE Diary

Would it be of any benefit if I de-sensitised and posted the agreements up in here too?

**garlok** · 22 October 2011, 11:45

Re: DNW's UE Diary

I don't think thats necessary DNW thanks. Niddy will re-examine the issue for you. The main thing is not to panic. Your letter has gone and cannot be retrieved but you have given them the opportunity to come back to you with something. The ball is firmly now in their court (forgive the pun). Plus you appear to still have the goods anyway that they think you don't. Good card to hold and don't tell 'em.

As you have seen I am not renowned as a "pay up get a life" person, quite the reverse but on some occasions bowing to an inevitable, a slice of humble pie can pay some dividends much as it goes against the grain.

Garlok

**Never-In-Doubt** · 22 October 2011, 11:50

Re: DNW's UE Diary

Cheers Garlok, agreed - no harm done, lets see what they come back with eh.....

**DNW** · 22 October 2011, 11:52

Re: DNW's UE Diary

Thanks Garlok, I did panic but I'm very aware that this is only the first in a long line of debts with agreements that are enforceable and sadly we don't have a bottomless pit of money with which to pay these off (else they would be long gone by now).

I think a priority for me now has to be getting together an up to date and realistic CFS, ready for the next few hits we will inevitably receive.

I've got an update to do on another of my enforceables as well now the postie has been... just off to gather the info.

**garlok** · 22 October 2011, 11:59

Re: DNW's UE Diary

Stick with it DNW, we are all on your side here and we do understand your position.

Garlok

**DNW** · 22 October 2011, 12:01

Re: DNW's UE Diary

Originally posted by Drowning Not Waving View Post

Hitachi Capital

Code:

Name                     - Hitachi Capital
Type of account          - Loan
Date commenced           - May 10
Approx balance           - £825
Date last paid           - Mar-11    
Arrangement/not paying   - Not paying
Status                   - In Arrears (DN Rec'd)
Account owner            - Lender

Key:
Them
Me
Other

Activity

13/04/11 DD cancelled letter
14/04/11 Refuse £1 and will default than pass to Recovery
09/06/11 Arrears Notice
12/07/11 Default notice and now passed to Recovery
12/07/11 Discount offer rec'd - 30% of £825.91 (£247) within 14 days
24/07/11 My letter - counter offer £150
27/07/11 Letter rec'd - £150 refused
17/08/11 CCA Request sent
27/08/11 Letter from Hitachi refusing request for as my letter was unsigned. My letter returned to me for signature.
14/09/11 Returned my original letter to them and sent CCA Request - Demand of Signature by Creditor
19/09/11 Letter rec'd from Hitachi still refusing my CCA request until I sign my letter
11/10/11 Letter sent - Unenforceability Templates - Section 3
22/10/11 Letter rec'd - They will still not send CCA without a signed request and will enter into no further correspondance until signature is received

Received a letter today which did amuse me slightly...

Regarding a letter dated 11/10/11, and apparently from you (

), relating to an information request; The situation is clear and will not be changed by repeated submissions of essentially the same request.

Blah blah... shall not undertake any future correspondence... until I receive a signed written request.

Should I respond to this?

**garlok** · 22 October 2011, 12:12

Re: DNW's UE Diary

Hi Niddy, you're still here I was just away looking the CPUTR stuff. Maybe a bit early but for reference here it is for DNW to take a look.

> New Templates - CPUTR - allaboutFORUMS

Garlok

**Never-In-Doubt** · 22 October 2011, 12:14

Re: DNW's UE Diary

Originally posted by Drowning Not Waving View Post

Received a letter today which did amuse me slightly...

Should I respond to this?

Is this for the CCA or a SAR?

If the CCA then simply respond with the following custom letter - see how that works:

Dear Sirs,

Account No: XXXXXXXX

Thank you for your letter dated XX/XX/XXXX, the contents of which have been noted.

I see we're going round in circles here, regards your absolutely ridiculous request to requiring my signed authorisation before you will comply with my CCA Request. I have told you on numerous occasion now that I do not need to supply a signature to you, your constant refusal leaves me no alternative but to now formally report you to the ICO for your clear breaches and lack of knowledge in your role as a Data Processor.

I have previously drawn your attention to the fact that the Consumer Credit Act 1974 does not require that I supply you a copy of my signature and I also explained that if it is for Data Protection purposes then I don't see why you suddenly require this when for the last few years you've been happily communicating with me at the same address. One must only presume that you want my signature in order to fudge an agreement, something more commonly known as fraud, thus my refusal to supply you with it stands based on my uncertainty of your bizarre and unlawful request.

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:

7. 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.

Similarly, as you're now in breach of my formal s.78 request any action you attempt to take to enforce this debt will be vehemently disputed based on your lack of diligence in responding to my formal CCA Request.

I have nothing left to say to you, we will await the ICO's input, with my formal request remaining outstanding and your ability to enforce this rendered unsuitable based within s.127 (CCA 1974).

Yours faithfully

Sign digitally

**Never-In-Doubt** · 22 October 2011, 12:17

Re: DNW's UE Diary

^^^^^^ p.s. don't go to the ICO - No need as the creditor is in default so they can go and swing

**DNW** · 22 October 2011, 12:25

Re: DNW's UE Diary

Thanks Niddy, it was CCA request so I'll send the muppets your letter as above.

**Never-In-Doubt** · 22 October 2011, 12:28

Re: DNW's UE Diary

Originally posted by Drowning Not Waving View Post

Thanks Niddy, it was CCA request so I'll send the muppets your letter as above.

**DNW** · 25 October 2011, 18:27

Re: DNW's UE Diary

Originally posted by Drowning Not Waving View Post

Barclaycard 3

Code:

Name                     - Barclaycard Goldfish
Type of account          - Credit Card
Date commenced           - May 98 
Approx balance           - £14,738
Date last paid           - Mar-11    
Arrangement/not paying   - Not paying
Status                   - In Arrears (DN Rec'd)
Account owner            - DCA (Mercers)

Key:
Them
Me
Other

Activity

15/04/11 Acknowledgement letter, refuse £1 payment no reduction in interest or charges
04/05/11 Request for payment
13/05/11 Reduced credit limit
08/06/11 Payment reminder & notice of passing to Mercers
27/06/11 Mercers - Default notice
06/07/11 Mercers - Unable to contact and will send doorstep collector
24/07/11 My letter - no doorstep visits, no phone calls
28/07/11 Mercers - local collecter will call
17/08/11 CCA request sent
26/08/11 Letters from Mercers and BCard accepting £1 month and freezing interest (bit late now as token payments have stopped awaiting CCA)
30/08/11 Acknowledge CCA request
15/10/11 Letter from Calder Financial (dated 03/10/11, rec'd 15/10/11) - 7 day notice before further action including sending local rep.
17/10/11 'Dont' Visit' me template sent to Calders Templates - Harassment
**** UPDATE BELOW ****
25/10/11 Letter from Barclaycard stating that they are "unable to provide a copy of the credit agreement and they therefore accept that they are prevented from enforcing".

Update as per #15 above... I think I can categorically say, in Barclaycard own words, this is now

They refer to the case of McGuffick v RBoS [2009] in terms of what constitutes enforcement, and also Carey v HSBC [2009] as to unfair relationships.

Despite the 'we can't enforce' part, the legal quotes don't mean a lot to me - I'm guessing they just mean they can send 'the heavies'

if they want to?

**Pixie** · 25 October 2011, 18:29

Re: DNW's UE Diary

Keep that letter safe - very safe!! And make some copies too!

It means that they can't take you to court to get the debt repaid but they can, and will, carry on hassling you.

**swanfan** · 25 October 2011, 18:33

Re: DNW's UE Diary

That means they can ask you to pay but cannot enforce it. Result.

Anyone who contacts you re this account send a copy of barclaycards letter with this--> Unenforceability Templates - Section 2

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