DNW's UE Diary

[Deepie]

Re: DNW's UE Diary

Thanks I2D, sorry, I meant I couldn't find the account sold whilst in dispute, but had looked all through from the F&F section right through to the FAQ

So it's the account sold whilst in dispute one I'm looking for, the one Dopey said to send.

Harassment & Threat of Doorstep-Visit
Account Sold whilst in Dispute
Send them both

[garlok]

Re: DNW's UE Diary

Hi DNW,

Here is account sold in dispute template:-

http://forums.all-about-debt.co.uk/showthread.php?t=445


its all in Unenforcability Templates section 3. However in this instance I would do as I2D suggests with Mercers. They are and will be a pain particularly on the 'phone. Discuss nothing at all with them, tell them in writing only and put the phone down. No security nothing. They will still be ranting when you put the phone down but they will slither off. Whne they hotted up their campaign aginst us I used to tell them to bend over and stick their head up their own backside as they would speak less bovine excreta that way. Another retort is to tell them to go to an adult and get them to come to the phone whilst they get their nappy changed.

Its all relative as to just how much you want to annoy them. They can DO NOTHING, they have NO legal powers and as they are a dormant company not allowed to particpate in any commercial activity whatsoever, evry phone call they make, every letter they send is unlawful. Their default notices (big red ones) are useful because they are defective usually (not seen a good one yet) which you can then use to to tell the next level of thuggery (Calders) to clear off as impolitely as you like.

The doorstep crowd will be Power2Contact and all you need to do with them is send the "Doorstep" letter and have the garden hose or a big dog ready and they will clear off and not come nigh nor by again. Niddy hates them and one day AAD will flush them down the sewer I promise. Threatened a number of times but they won't risk coming here after one of my specials was sent recorded delivery.

Don't be fooled into signing anything by the way. It is not necessary. Templates are available

regards
Garlok

[DNW]

Re: DNW's UE Diary

Thanks In2 and Garlock, I'll get that sent out.

I've no intention of talking to these muppets either on the phone or doorstep. We've had a visit from P2C already about one of the other barclaycard accounts and I just left the guy standing on the doorstep in the rain for as long as he wanted to carry on waiting for me to answer!

I've had a few letters now that must be really IMPORTANT and most definitely URGENT as they've used bold font and caps.... Like that's gonna make me take any more notice of them

Oh and I most definitely won't be signing anything, if they don't already know what my scrawl looks like then they won't be finding out from me

[Never-In-Doubt]

Re: DNW's UE Diary

Waiting to see what Niddy says about the CCA on this one, but just as an aside, should they have sent me anything if they've told me they can't action my request without a signature?

This is good, sorry but it is enforceable - am gobsmacked at that, but for once they seem to have it right. Everything is there, in format, detailing the terms with your siggy at the base.

Sorry

[DNW]

Re: DNW's UE Diary

No worries, it can go on the 'I'll get round to paying you when I really have to pile' !! Thanks for checking it

I don't suppose the fact they said they couldn't deal with my request without a signature and then sent it anyway will hold any clout with them when it comes to holding the dogs off will it?

[Never-In-Doubt]

Re: DNW's UE Diary

I don't suppose the fact they said they couldn't deal with my request without a signature and then sent it anyway will hold any clout with them when it comes to holding the dogs off will it?

Nope cos the fact they asked for the signature was a breach, the fact they sent the info brought them out of the breach and actually rectified things as a siggy is NOT necessary to comply with s.78

[DNW]

Re: DNW's UE Diary

Okey dokes, makes sense. Thanks for explaining

[DNW]

Re: DNW's UE Diary

Taking on board the signature request explanation, I'm wondering whether I should just ignore Hitachi's letter saying that they can't deal with my CCA request without a signature? I was going to send Unenforceability Templates - CCA Request - Demand of Signature by Creditor but haven't actually got round to it yet.

(Hitachi Capital - Loan - May 10 - £825 - In Arrears (DN Rec'd))

I'm sure should they send the CCA it will be enforceable due to the very young age - but is it enforceable while this request is still outstanding? Is there any point in me spending £1.50 on postage to tell them that I'm not going to sign anything?

[Deepie]

Re: DNW's UE Diary

Taking on board the signature request explanation, I'm wondering whether I should just ignore Hitachi's letter saying that they can't deal with my CCA request without a signature? I was going to send Unenforceability Templates - CCA Request - Demand of Signature by Creditor but haven't actually got round to it yet.

(Hitachi Capital - Loan - May 10 - £825 - In Arrears (DN Rec'd))

I'm sure should they send the CCA it will be enforceable due to the very young age - but is it enforceable while this request is still outstanding? Is there any point in me spending £1.50 on postage to tell them that I'm not going to sign anything?

I would still send that letter , then see what they come back with

[DNW]

Re: DNW's UE Diary

Thanks, will do. I better make sure I do actually send it this time then

[Deepie]

Re: DNW's UE Diary

postage should be £1.23 not £1.50

[DNW]

Re: DNW's UE Diary

It was near enough I rarely send a single RD letter, I've usually got a pile of around 14 to send at a time.... Besides, it's more than a pound and less than £2 so I rounded it up!

[DNW]

Re: DNW's UE Diary

Hitachi Capital

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

1. 13/04/2011 DD cancelled letter
2. 14/04/2011 Refuse £1 and will default than pass to Recovery
3. 09/06/2011 Arrears Notice
4. 12/07/2011 Default notice and now passed to Recovery
5. 12/07/2011 Discount offer rec'd - 30% of £825.91 (£247) within 14 days
6. 24/07/2011 My letter - counter offer £150
7. 27/07/2011 Letter rec'd - £150 refused
8. 17/08/2011 CCA Request sent
9. 27/08/2011 Letter from Hitachi refusing request for as my letter was unsigned. My letter returned to me for signature.
   
10. 14/09/2011 Returned my original letter to them and sent 'I don't need to sign anything'
    

Update:

Letter received in response to my 'I'm not signing':

"Regarding my receipt of a letter dated 14/09/11 and sent in your name; I apologise if I have not made my position clear previously.

We activated a contract based on verified information, including a signature and proof of identity, that you live at the above address. We consequently sent letters to you at the verified address.

The letters I have received in your name making a request for information do not bear your signature and therefore I cannot compare the signature with documents already in our position to verify that you have made the request for information. It is therefore not possible to establish beyond reasonable doubt that you have submitted a request.

I am not prepared to release information until I have a signed request that I can validate."

Do I need to send them anything?

[Fribourg]

Re: DNW's UE Diary

Yes, send this template

Unenforceability Templates - Section 1 Demand of Signature by Creditor

[DNW]

Re: DNW's UE Diary

Yes, send this template

Unenforceability Templates - Section 1 Demand of Signature by Creditor

Thanks, I sent them that exact letter last week though