DGJsaver UE Diary

[DGJsaver]

Re: DGJsaver UE Diary

you dont know how greatful i am , its my wifes blood relative thats gone so im trying to keep all this from her while we do all stuff neded at a time like this

[SA Gold]

Re: DGJsaver UE Diary

DGJsaver - thoughts with you at this sad time.
Looks like Scabhunter has got you covered on the letter thou!

[ScabHunter]

Re: DGJsaver UE Diary

Here is what I would send them. You will need to include the date of Carter's letter where I have written [DATE], everything else should be good to go. Post it today if you can, first class recorded.


"Dear Sirs

Re your letter dated [DATE]

Thank you for your letter, the contents of which I have noted. Since your letter clearly refers to the threat of litigation, I am treating it as a formal letter of claim, albeit an entirely defective one. I refer you to the Civil Procedure Rules Pre Action Protocol Practice Direction, in particular Annex A and Annex B. You will note your letter fails spectacularly to comply with either of the aforesaid Annexes.

Since you are a firm of solicitors, I cannot excuse such failures, and place you on notice that any litigation on the back of this letter will result in an immediate application to the Court requesting the matter stayed, with costs against you and your client on the indemnity basis. I refer you to Para 4.6 of the Practice Direction which explains the consequences of non compliance with the Pre Action Protocol.

Turning to the subject matter of your letter, this matter is the subject of a dispute which has been raised with your clients representatives, and therefore it would be appropriate before you threaten litigation for your clients to actively deal with the issues which I have raised.

The main crux of my dispute is the failure of both previous and present owners of the alleged account to comply, or even attempt to comply, with the legislation which governs credit card agreements, namely the Consumer Credit Act 1974. You will be aware that Section 78 of this Act allows account holders to obtain, for a £1 fee, a true copy of the agreement on which the account is founded. While the Judgment of His Honour Judge Waksman QC in the case of Carey vs. HSBC in 2009 allows for reconstituted agreements to be used to satisfy Section 78, those reconstituted agreements must represent a 'true copy' of the original.

On no occasion have I been provided with documentation which would satisfy this requirement, or even come close to satisfying it. In 2010, I was provided with what can only be described as a generic template for an agreement, which bore no resemblance to the original, and which entirely lacked the prescribed terms which the law requires to demonstrate both potential liability, and the extent of any such liability. The request for information regarding this alleged account, made pursuant to Section 78 of the Consumer Credit Act 1974 therefore remains in default, and, while this default endures, enforcement is prohibited.

Accordingly, and in accordance with the CPR Pre Action Protocol Practice Direction, I look forward to your reply setting out correctly the nature of your client's claim and answering my dispute as stated above.

Yours Faithfully,"


SH

[DGJsaver]

Re: DGJsaver UE Diary

if i could buy you a pint , i would , thank you so much

[ScabHunter]

Re: DGJsaver UE Diary

if i could buy you a pint , i would , thank you so much

Try a virtual one -

I hope it does the job for you. It certainly should do with a chancer like Carter who likes easy targets.

SH

[Deepie]

Re: DGJsaver UE Diary

Brilliant letter SH.....

[greymatter]

Re: DGJsaver UE Diary

What great support by SH.Chin up DGJ.

[oldyboy]

Re: DGJsaver UE Diary

What great support by SH.Chin up DGJ.

My thoughts are with you DGJ.

Great letter SH- why not tie your horse up outside the AAD 24/7 and have that pint.....

[Deepie]

Re: DGJsaver UE Diary

My thoughts are with you DGJ.

Great letter SH- why not tie your horse up outside the AAD 24/7 and have that pint.....

I think he's already in there------> http://forums.all-about-debt.co.uk/s...&postcount=114

[oldyboy]

Re: DGJsaver UE Diary

Ahh...that might explain the clanking in the cubicle of the gents, and I thought it was the plumbing...........

[Enforcer]

Re: DGJsaver UE Diary

Sorry but in my experience, Barclaycard just lie! You will never get a "True copy"

[ScabHunter]

Re: DGJsaver UE Diary

Sorry but in my experience, Barclaycard just lie! You will never get a "True copy"

Which is exactly what we want to happen.

No true copy = no enforcement + six years of time = DGJsaver wins the game.

SH

[DGJsaver]

Re: DGJsaver UE Diary

Hi All

FYI we have no net at thome now cos once i informed them about nans death ,they cut us off and insisted i needed a fresh account , which is fine but can only access ALLABOUT at work , have sent the letter last friday first class recorded , and will wait to hear!!

thanks for all help , as always

[DGJsaver]

Re: DGJsaver UE Diary

Well bryan carter didnt mess around this time replying to the letter scabhunter penned for us..

please see attached

if it was me , and i was them , and i was utterly convinced i would win , would i have sent something like this....im hoping we should take heart from it...?

[ken100464]

Re: DGJsaver UE Diary

You have Carters ref at bottom of page 3 still DGJsaver. I would remove if if mods havnt taken down already.