New and confused

[Never-In-Doubt]

Re: New and confused

That's fine thanks. Must be holiday time soon. You'll be well ready to switch off for a couple of weeks

Ahh not going till later in the year based on old dog, not putting him in kennels and not having a house/dog sitter available. Our pooch is 17 now, very old bless him

Maybe we'll go in October time.

[samsmum]

Re: New and confused

Ahh not going till later in the year based on old dog, not putting him in kennels and not having a house/dog sitter available. Our pooch is 17 now, very old bless him

Maybe we'll go in October time.

We're the same. Ours is 13 but could never put her in kennels so we only manage a week. She's not a bit spoilt mind!! He's doing well then. Hope we've got a few more years with ours

[angelsoxx]

Re: New and confused

Ahh not going till later in the year based on old dog, not putting him in kennels and not having a house/dog sitter available. Our pooch is 17 now, very old bless him

Maybe we'll go in October time.

That's a brilliant age

[Never-In-Doubt]

Re: New and confused

That's a brilliant age

I know he's cute as......

[Pixie]

Re: New and confused

My cat was 22 on Sunday, which is 105 in human terms according to CalculatorCat though a baby compared to the worlds oldest ever cat (38!)

[angelsoxx]

Re: New and confused

Another brilliant age! I lost my dog when she was 16. She was healthy right up the end which was a blessing. Now got a deaf cat and a dwarf cat. Starting to think cats protection is having a laugh at me!

[Never-In-Doubt]

Re: New and confused

13/04/2012...Letter from Cohens confirming they misread records and CCJ was set aside and apologising for content of letter. Furthermore the cca request we sent only applies to running-credit accounts. Our account has not been a running-credit account since 2003 therefore s78 does not apply. Debt still needs paying or will seek clients instructions re recovery action.

Ok send this to Howard Cohen....

* Put the date of the blanked out letter (most recent one) in the place you see the red X below.

Dear Sirs,

Ref: xxxxxxxx

I write with reference to your letters dated 4th and X April 2012, having noted the content within.

I'd like to start by suggesting you seek legal advice prior to issuing any formal response to me as I am now at the point where I am considering direct action against you, moreso as a direct result of the following unlawful threats made by your firm;

1. You write to me trying to intimidate me citing a non existent judgment which you knew full well was never in place. Not only is this a direct breach of the conditions of retaining your consumer credit licence but it is also a direct breach of the OFT's guidance on debt collection;
2. You demand arrears of a non-existent judgment against a person you are not 100% certain actually owes anything, another direct breach of your licence conditions and OFT guidelines;
3. You allege that you have super-powers and can just go to court and instruct them to do X, Y & Z - funnily enough, you state you'll instruct them to send bailiffs and/or apply for an attachment of earnings - is this possible based on the fact there is no judgment, you need to actually convince and win a court case before any of those actions and to top it all, you need to be 100% certain you are requesting monies from a person that actually owes you something;
4. You then make more threats about this erroneous and non-existent court order - please send me a copy if you'd be so kind so I can counter-sue;
5. In your second letter you state that there is no judgment, correct - well done, top marks. Maybe next time before making illegal threats to non debtors you'll do wise to actually get your facts straight and also learn the legal processes as it appears you're severely lacking in both departments;
6. The reason why the judgment was set-aside is because you had no lawful right to that judgment;
7. You then, unbelievably come out with the best statement I have read all year. You have actually put pen to paper and sent me a letter stating that you believe that a s.78 request only applies to what you consider a running account? Are you that thick that you don't even know the basic principles of the consumer credit act yet here you are making threats in relation to it? As a result of your wild and outrageous statement you leave me no option but to now consider my legal options as I feel I now have a strong enough case against you to present to the courts to prove you are amateurish bullies that does not follow process, law and does not have a clue when it comes to consumer credit related issues.

I need to spend a few moments elaborating on this wild statement you made, other than sending a copy to the BBC Finance editors and the OFT, Trading Standards and Ministry of Justice, I have also posted it on just about every consumer debt related forum out there. Ok, so you state (and I shall quote you here);

"... however please note that s.78 CCA Requests only apply to running credit accounts. Your account has not been a running-credit account since 2003, therefore s.78 does not apply to this account in any case"

Please be so kind as to tell me where you learned such nonsense? s.78 is detailed below for your perusal and as you're clearly unable to understand the Act, below this is what is considered a running-credit agreement.

Consumer Credit Act 1974 - 1974 c. 39 Section 78

s.78 Request
Duty to give information to debtor under running-account credit agreement.

(1)The creditor under a regulated agreement for running-account credit, within the prescribed period after receiving a request in writing to that effect from the debtor and payment of a fee of £1, shall give the debtor a copy of the executed agreement (if any) and of any other document referred to in it, together with a statement signed by or on behalf of the creditor showing, according to the information to which it is practicable for him to refer,

(a)the state of the account, and
(b)the amount, if any currently payable under the agreement by the debtor to the creditor, and
(c)the amounts and due dates of any payments which, if the debtor does not draw further on the account, will later become payable under the agreement by the debtor to the creditor.

(2)If the creditor possesses insufficient information to enable him to ascertain the amounts and dates mentioned in subsection (1)(c), he shall be taken to comply with that paragraph if his statement under subsection (1) gives the basis on which, under the regulated agreement, they would fall to be ascertained.

(3)Subsection (1) does not apply to

(a)an agreement under which no sum is, or will or may become, payable by the debtor, or
(b)a request made less than one month after a previous request under that subsection relating to the same agreement was complied with.

(4)Where running-account credit is provided under a regulated agreement, the creditor shall give the debtor statements in the prescribed form, and with the prescribed contents

(a)showing according to the information to which it is practicable for him to refer, the state of the account at regular intervals of not more than twelve months, and
(b)where the agreement provides, in relation to specified periods, for the making of payments by the debtor, or the charging against him of interest or any other sum, showing according to the information to which it is practicable for him to refer the state of the account at the end of each of those periods during which there is any movement in the account.

(4A)Regulations may require a statement under subsection (4) to contain also information in the prescribed terms about the consequences of the debtor

(a)failing to make payments as required by the agreement; or
(b)only making payments of a prescribed description in prescribed circumstances

(5)A statement under subsection (4) shall be given within the prescribed period after the end of the period to which the statement relates.

(6)If the creditor under an agreement fails to comply with subsection (1)

(a)he is not entitled, while the default continues, to enforce the agreement;
(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7)This section does not apply to a non-commercial agreement, and subsections (4) to (5) do not apply to a small agreement.

Similarly, the OFT Guidance notes (Consultation paper 4 - January 2010) clearly states in point 4.1 the exemptions for compliance with any s.78 request, as quoted below - are you saying that this qualifies as permissible within these exemptions? Your clarity is eagerly anticipated on this matter;

• It does not apply to an agreement under which no sum is, or will or may become payable by the debtor or hirer. It will therefore not apply where the agreement has been paid off and terminated. It will also not apply where judgment has been obtained, unless there is an interest-after-judgment clause in the agreement which the creditor or owner has not expressly waived. Where, however, the agreement has merely been terminated, but monies are or will or may be payable under it by the debtor or hirer, the OFT considers that the duty will still apply.
• It does not apply when the request is made less than one month after a previous request relating to the same agreement, (regardless of whether the request was made by the debtor themselves or by someone else on their behalf).
• It does not apply where the agreement is a non-commercial agreement (that is, an agreement not made by the creditor or owner in the course of a business carried on by it.)

Consumer Credit Act 1974 - 1974 c. 39 Part II Section 10

s.10 Running-account credit and fixed-sum credit.

(1)For the purposes of this Act

(a)running-account credit is a facility under a consumer credit agreement whereby the debtor is enabled to receive from time to time (whether in his own person, or by another person) from the creditor or a third party cash, goods and services (or any of them) to an amount or value such that, taking into account payments made by or to the credit of the debtor, the credit limit (if any) is not at any time exceeded; and
(b)fixed-sum credit is any other facility under a consumer credit agreement whereby the debtor is enabled to receive credit (whether in one amount or by instalments).

(2)In relation to running-account credit, “credit limit ” means, as respects any period, the maximum debit balance which, under the credit agreement, is allowed to stand on the account during that period, disregarding any term of the agreement allowing that maximum to be exceeded merely temporarily.

(3)For the purposes of any provision of this Act that specifies an amount of credit (except section 17(1)(a)), running-account credit shall be taken not to exceed the amount specified in that provision( “the specified amount ”) if

(a)the credit limit does not exceed the specified amount; or
(b)whether or not there is a credit limit, and if there is, notwithstanding that it exceeds the specified amount,

(i)the debtor is not enabled to draw at any one time an amount which, so far as (having regard to section 9(4)) it represents credit, exceeds the specified amount, or
(ii)the agreement provides that, if the debit balance rises above a given amount (not exceeding the specified amount), the rate of the total charge for credit increases or any other condition favouring the creditor or his associate comes into operation, or
(iii)at the time the agreement is made it is probable, having regard to the terms of the agreement and any other relevant considerations, that the debit balance will not at any time rise above the specified amount.

Now, as is clear from the above, you are playing a very risky game making wild and illegal threats and I strongly suggest you take this letter and consider an appropriate amount of compensation for my troubles, prior to my formally complaining to the relevant authorities including, but not limited to, the OFT, the MoJ and Trading Standards along with a formal complaint about your general conduct, illegal collection actions and general threatening behaviour to the Financial Ombudsman and the Legal Ombudsman including the SRA.

I look forward to your explanation and offer of compensation within the next 14 days.

Yours faithfully,


Sign Digitially.

[diddlydee]

Re: New and confused

Nice letter - good luck samsmum xx

[Never-In-Doubt]

Re: New and confused

Nice letter

More like a confusing letter for the originator and the recipient

[samsmum]

Re: New and confused

OMG. That's exactly what i was gonna say Niddy

Thank you so much. You've excelled yourself again with this one. I'll get this sorted and sent this morning

[pooky2483]

Re: New and confused

Now... THAT’S the type of letter that tears a new arsehole

Gonna have 'em quaking in their shoes
I like it

[angelsoxx]

Re: New and confused

That's a letter and a half!!!

[samsmum]

Re: New and confused

All done and sent. Love to see the office juniors face when she opens that one.

[Never-In-Doubt]

Re: New and confused

All done and sent. Love to see the office juniors face when she opens that one.

all I have done is quote the actual correct legal points to them, to correct their last two muck-up's......

See what they come back with

[samsmum]

Re: New and confused

CO-OP LOAN
11/2002
£4900
04/2003
Not paying
arrears
Payments to CO-OP
26/9/11 Termination letter received. Advised to ignore
12/10/11 Account being passed to specialist collections. May default, pass to solicitors etc etc. may negotiate F&f.
13/10/11 CCA request sent
13/10/11 SAR sent
31/10/2011..CCA received Niddy says
03/11/2011..CCA Query Missing prescribed terms
16/11/11..Letter received saying they know i live here and assume i am deliberately avoiding them. Ring to make arrangement or will be passed on for immediate recovery action
16/11/11.. ''SPECIAL OFFER'' letter received offering 50% discount if paid within 10 days
15/12/2011..letter received saying as i'm ignoring them they've made the decision to register the account as in default and pass to a specialist DCA and the Co op will not enter into further discussion regarding the debt
17/12/2011..b/f and closing statement received. interest being added half yearly
18/12/2011.. refusal to accept ue status letter sent
07/01/2012..letter received thanking me for my complaint. Concerns will be investigated by a case handler and outcome sent in writing asap
11/ 01/2012...Letter received from MOORCROFT. Been instructed by Co op. Notice of Intended Litigation
12/01/2012..Threat by creditor..to commence litigation letter sent
20/01/2012..Letter received from Co op stating they have investigated and believe account is enforceable and we are liable, and this is their final response. If we're not happy complain to FOS within six months. Account now with Moorcroft
21/01/2012.. Letter from Moorcroft saying account on hold while they investigate matter with Co op
11/02/2012.. letter from Moorcroft with copy of agreement enclosed. Account on hold for 14 days to allow time to contact them to arrange a repayment plan after which they will commence further action
27/02/2012.. letter from Moorcroft..if i dont contact them following receipt of this letter they may recommend legal action.They go on to tell me a list of court charges
01/03/2012...Letter sent courtesy of Cleverclogs. See post 797
14/03/2012.. letter from Moorcroft saying their clients believe documents sent do meet requirements under setion 78. Go on to explain about Carey v HSBC. Want paying basically
26/03/2012..Letter from Moorcroft. MONTHLY INSTALMENT OFFER. As i haven't contacted them they feel we may not be in a position to clear the account in full.To stop legal proceedings they'll accept £120 per month
27/03/2012..CREDITOR REFUAL TO ACCEPT UE STATUS LETTER SENT
18/04/2012...Letter received from Midas Credit Services. Litigation Warning.Part of the Moorcroft group and aware we've failed to pay.Reviewing account prior to possibly recommending legal action by external solicitors.

UPDATE. Should i respond to this please?