thetinman UE Diary

[Never-In-Doubt]

Re: thetinman UE Diary

Send arrow the cca request.... In it add a paragraph stating you're not happy at the actions of Restons and you want to formally complain about them. Something like this - add as a last paragraph to the cca -

"I'd like to formally complain about your unnecessary usage of heavy handed solicitors whom disregard the provisions of the consumer credit act (1974) specifically by refusing to honour my original request (copy attached). What they should have done is send it to you, the creditor. The fact they've returned it to me suggests they're trying to waste time and it's this behaviour and their bullying, quite alarming and threatening letters which requires immediate addressing."

[thetinman]

Re: thetinman diaries

Littlewoods

Type of account (mail order cat)

Date commenced. 97

Date last paid. oct 2009

Not paying

Status (in arrears)

Account owner. shop direct

cca sent, letter sent back saying no cca but please keep paying

Sept 11: cca received
Sept 11: Final Response - Unenforceability (General) sent
dec 11: default notice .
Feb 12: sold account to arrow global
Feb 12: letter asking for payment from Fredrickson
Feb 12: sent letter to Freds CCA Query - Letter Previously Confirming No CCA
Mar 12: received letter from Freds
April 12: received letter from Freds about home visit.
April 12: sending them Harassment & Threat of Doorstep-Visit
May 12: letter from freds solicitors.
May 12: sending sold while in dispute.
Sept 14: letter from arrow new solicitors agents
Sept 14: letter from reston

Hi all it has been very silent on all fronts lately until a letter from them pesty reston solicitors, saying pay up in 14 days or we may be instructed to issue court proceedings against you, and that we will not contact you again to warn you that proceedings will be issued.
so I sent them a cca request and the formal letter before action and I have received two replys on the cca they returned the letter and postal order and said they are not the creditor but a firm of solicitors, on the letter before action they say I rely heavily on the practice direction - pre action conduct and in particular annex a however, may we refer you to annex b which specifically relates to debt claims and the information that is to be provided, they then list how I can pay them stating that a discount was offered, contact details and details of free independent advice, they then say the claiment has acted in accordance with the relevant civil procedure rules furthermore annex b does not refer to the claimant having to list the documents it intends to rely on, they then corfirm the date the account was opened saying I would have received a copy of the terms and conditions and statements of account would have been sent monthly and that a default notice would have been served by shop direct as would the assignment once account sold to arrow.
they then finish if I have genuine dispute get in touch instead of relying on template letters from consumer forum websites which delay matters further, payment in 14 days or we may be instructed to commence legal proceedings.
phew after all that typing any ideas on what letter to send next to them or should I just send arrow a cca request and ignore restons.

[Never-In-Doubt]

Re: thetinman UE Diary

Wait and see what they send then send the template you mention

[thetinman]

Re: thetinman UE Diary

yes you did reply, you said it was unenforceable, there are no prescribed terms on the agreement, do I send them cca query - missing prescribed terms or wait and see what they send next, thanks for your help.

[Never-In-Doubt]

Re: thetinman UE Diary

Did I reply to you?

Sorry I've just cleared emails and can't remember

[Never-In-Doubt]

Re: thetinman UE Diary

I'll reply to you directly on email later - just catching up with the hundreds of emails I have got to deal with

[IF]

Re: thetinman UE Diary

Thank you TTM and Happy New Year to you too

[thetinman]

Re: thetinman diaries

northern rock

Type of account (loan)

Date commenced. 2004

Date last paid. oct 2009

paying £1 token payment

Status (in arrears)

Account owner. northern rock

got this over the internet in 2004, they sent me a agreement in 2004 which I signed and it is the only original agreement I have a copy of which I kept for some sad reason, dont think its worth a cca check.

Hi Happy new year to all, after starting the ue journey over two years ago now, I can now report that for the last 12 months not one letter off anyone ( touch wood ) so I have sent off for my last cca from northern rock and have now received it and will send it to niddy to see if it is enforceable or not.
so to anyone out there thinking should I check my agreements or carry on paying ££££s for 150 years, get a diary set up and let everyone here help you.
emailed niddy

[thetinman]

Re: thetinman diaries

I Would send this if it were me----------> Threat by Creditor - Threat-o-Gram Letter Before Action

Thanks in 2 deep for the quick reply I will get that in the post today

[Deepie]

Re: thetinman diaries

Received a letter from bryan carter solicitors saying pay in full in next 14 days or they will recommend to there client that proceedings be issued without further notice, if I dispute liability for debt state reasons in writing and supply them with documents in support of my defence, anything I should send back .

I Would send this if it were me----------> Threat by Creditor - Threat-o-Gram Letter Before Action

[thetinman]

Re: thetinman diaries

Capitol One

Type of account. Credit Card

Date commenced. 97


Date last paid. oct 2009

paying. was £1 token payment/not paying now

Status (default)

Account owner. cap 1

cca sent & received, niddy says

Aug 11: sent missing prescribed terms letter to cap 1
Aug 11: capquest letter, our client cap 1 have referred us to manage your account, goes on to say we may visit you or start litigation
sept 11: capquest letter, prior to the start of legal proceedings checks find no ccj at address, please contact us or forward to court.
Sept 11: Account Sold whilst in Dispute letter sent.
Oct 11: Received letter from cap one in answer to missing prescribed terms letter.
NOV 11: Received LBA From capquest sent back Threat by Creditor - Threat-o-Gram Letter Before Action.
Dec 11: letter off capquest, they are closing the account on their system.
July 12: two letters off feds, one saying hello we are collecting for cap one, and then next day letter before action 7 days pay up or else
July 12: sent Account Sold whilst in Dispute letter.
July 12: received letter saying they had complied with section 78 request.

Received a letter from bryan carter solicitors saying pay in full in next 14 days or they will recommend to there client that proceedings be issued without further notice, if I dispute liability for debt state reasons in writing and supply them with documents in support of my defence, anything I should send back .

[MrsD]

Re: thetinman UE Diary

so I did

dopey is dopey

[thetinman]

Re: thetinman UE Diary

Link not working Mrs D............

its ok she just missed a w at the start thanks

[Deepie]

Re: thetinman UE Diary

personally, I'd send this

ww.all-about-debt.co.uk/templates/unenforceability/s4-t5.php

they are just repeating what they've been told, which is wrong

crossed posts!

Link not working Mrs D............

[MrsD]

Re: thetinman UE Diary

personally, I'd send this

ww.all-about-debt.co.uk/templates/unenforceability/s4-t5.php

they are just repeating what they've been told, which is wrong

crossed posts!