New and confused

[samsmum]

Re: New and confused

Not much use is it? She aint even got a cat

[Pixie]

Re: New and confused

[samsmum]

Re: New and confused

HSBC LOAN
09/2001
£5600
04/2003
Not paying
Default 08/2004
Payments to Metropolitan
14/10/2011.. Letter fromLewis Group acting for CL finance. Says no payment received sinc 22nd June and to contact them.
14/10/2011..CCA Request sent

Update

Not heard anything back regarding CCA. Just received a letter saying they cannot accept my offer of repayment per month without evidence of income and expenditure?? Haven't made an offer. Can you tell me my next move please

[Deepie]

Re: New and confused

Update

Not heard anything back regarding CCA. Just received a letter saying they cannot accept my offer of repayment per month without evidence of income and expenditure?? Haven't made an offer. Can you tell me my next move please

Just ignore that one......they are still in default of your CCA request

[garlok]

Re: New and confused

First of all samsmum, don't be bullied into sending any I & E information, only a court can order you to do so. Never in my opinion reveal anything to the parasites they WILL exploit whatever weakness you reveal. If the time is up and they have not responded to the s78 request then until they do it they who are in default.

I would consider sending them this suitably tailored:-

> CCA Reminder - Unenforceability Threat


regards
Garlok

[samsmum]

Re: New and confused

See how they like this - just add both account numbers to the top and copy both letters confirming no agreement and attach them all together.....

Send to reliable, recorded delivery and let me know if they come back to you......

(ps leave the bold underline comments, it's my way of playing mind games with them as they do it so much!)

Dear Sirs

Account No/Reference No: XXXXXXXX & XXXXXXXX

I am getting sick and tired of your repeated harassment regards the above accounts and unless it ceases immediately I will report your conduct to the FOS, the OFT and Trading Standards.

How dare you write to me quoting such nonsense as "your conduct in this matter is unacceptable and will not be tolerated..." what the hell do you think I am? A naughty little schoolgirl that you can place over your knee and discipline? Well you're surely mistaken as this little schoolgirl will rip you apart if you ever dare use such wording in any further letters to me.

Further, I do wonder what the Ministry of Justice and the Office of Fair Trading have to say about your repeated threats of court action, whereby you clearly state that "further to this all court and solicitor fees would be added to your balance...". I guess you're aware that it is not for you to decide the fate of costs, it is for the Judge to decide on such matters however when faced with my counterclaim for strike-out based on the fact you are in direct breach of varying legislation (s.61, s.78, s.127, s.87, s.88 CCA1974) coupled with the actual original creditors signed declaration that they cannot locate an original agreement, well we both know that these agreements cannot be enforced by a Judge in line with s.127(3) CCA1974.

I suggest you familiarise yourself with other case law regards this matter, such as the Carey Judgment or Hayes v HFC where at Blackpool county court in July 2010 she successfully overturned a charging order on her home. Judge Bell agreed that the reconstituted agreement was not accurate. Then you have the case of Kotecha v Phoenix in which Phoenix attempted to recover a debt owed on a HFC bank credit card. The appeal judges agreed the bank had not been able to supply an accurate copy of the original agreement - This is publicly available information and I suggest you learn it as any future threats from your offices will result in my taking action against you.

I rest my case.

If you ever write to me using any of the misleading threats, language or general mannerisms again then i'll take this as far as I can and report your conduct and question your suitability to retain your consumer credit licence. Make no mistake who you are dealing with here.

Yours faithfully,


Sign digitally

Update

Received a letter saying my account is being reassigned unless i pay in 7 days. They promised me this on 3rd October too. Next move on this too please

[garlok]

Re: New and confused

Laugh and let them "re assign" it would be my reaction and see which direction it takes. This looks a bit to me like a back down follow on from your letter.

regards
Garlok

[samsmum]

Re: New and confused

First of all samsmum, don't be bullied into sending any I & E information, only a court can order you to do so. Never in my opinion reveal anything to the parasites they WILL exploit whatever weakness you reveal. If the time is up and they have not responded to the s78 request then until they do it they who are in default.

I would consider sending them this suitably tailored:-

> CCA Reminder - Unenforceability Threat


regards
Garlok

Thanks Garlok. I'll get that sent off tomorrow

[samsmum]

Re: New and confused

Just ignore that one......they are still in default of your CCA request

Oops sorry didn't see your reply. Confused now. To ignore or not to ignore??

[Deepie]

Re: New and confused

Oops sorry didn't see your reply. Confused now. To ignore or not to ignore??

Better to respond .........do what Garlok said

[samsmum]

Re: New and confused

Better to respond .........do what Garlok said

.

Ok will do. Thanks guys

[garlok]

Re: New and confused

Thanks I2D, looking at Paul's recent comments on th subject it just keep the integrity of the paper trail a bit at this stage.

regards
Garlok

[CleverClogs (RIP)]

Re: New and confused

Not heard anything back regarding CCA. Just received a letter saying they cannot accept my offer of repayment per month without evidence of income and expenditure?? Haven't made an offer. Can you tell me my next move please

Have the daft buggers cashed your cheque or Postal Order?

[samsmum]

Re: New and confused

Have the daft buggers cashed your cheque or Postal Order?

I know i'm gonna sound really stupid here but you are used to it by now!! How do you check? Know how to trace letters etc and know it was delivered but not sure how to check if it was cashed. Says about PO investigating but is there not an easier way? Not had to do it as had quick replies on other accounts

Postal Order by the way!

[samsmum]

Re: New and confused

CATALOGUE SIMPLY BE
£1300
04/2011
SENDING TOKEN BUT NOT ACCEPTED
ARREARS
RELIABLE COLLECTIONS

09/09/2011 CCA Request sent
23/09/2011 Letter received. Niddy says
03/10/2011 Letter received re home contact 05/09.Ignore
03/10/2011..harassment and threat of doorstep visit letter sent
14/10/2011..Letter from JD Williams accepting account is unenforceable

28/10/2011...Letter from Reliable threat of court action
28/10/2011.. letter received saying my conduct is not acceptable and will not be tolerated
11/11/2011..threat of court action letter received, must pay in 24 hours
25/11/2011.. Letter saying account is being reassigned.May result in court acvtivity or debt collector calling at my home if i dont pay toward debt in 7 days. DO NOT IGNORE
28/11/2011.. Niddy special sent (see post 389)
10/12/2011..Letter titled Residency Confirmed received. Says they've failed to contact us so have undertaken investigations to trace us and confirmed we still live here. The debt will not go away!! Must make immedite payment

Update.

Do i send anything else or ignore please?