Wishfull's UE Diary

[Wishfull]

Re: wishfullthinkings UE Diary

niddy i have the ccas now for both my santander credit cards evan i can see they are enforceable but do you want me to send them to you

[rhinoman]

Re: wishfullthinkings UE Diary

yes chuffed to bits as this is for 10.5k

nice one well done

[Never-In-Doubt]

Re: wishfullthinkings UE Diary

26/01/2011 triton letter nat west fulfilled there cca request outstanding balence now due
07/02/2011 letter from natwest in responce to my joint sold while in despute/threat doorstep visit letter thanks for contacting us sorry you not happydebt collecter WILL BE CALLING unless i phone them and they have forfilled there obligations in respect of the cca request i wont be calling anyone

Ok, respond with the following Niddy Spesh!

That should sort it for you.....

Dear Sirs,

Account No: XXXXXXXX

I write with reference to your letter dated xx/xx/xxxx regards to the above numbered account. Obviously, you're struggling to grasp the most basic of English Law so I shall spell it out for you - if you send anyone to my home address then I shall not only seek compensation from Natwest, I shall ignore the knock at the door and call the Police; as the person you send will be trespassing.

I have previously revoked all authority for anyone associated with Natwest to call at my home address and breaches of this authority will be dealt with severely and without further warning. You do not have the right to behave this way, and to add further substance to this claim, I have formally reported you to the regulatory bodies and sent them copies of correspondence proving that I am more than happy to, and have been, communicating with you. To clarify, the OFT make it quite clear that so long as I am in communication with you, then you must respect my wishes when it comes to communication. As I am staying in contact with you, by letter, you have NO right whatsoever to bully me into thinking I must speak to some pleb that you send round - I must add, whom have no legal powers whatsoever.

If you insist on sending a doorstep collector to my address any charge associated with that event will be disputed with a counterclaim forthcoming as I have given you ample opportunity to respond via letter, something you seem to think you're exempt from. Unfortunately for you, you're not and I hope my complaint with the regulatory bodies results in a severe reprimand for your bullying tactics.

I must also remind you that the alleged account is actually formally in dispute being you're in default of my lawful s.78 CCA Request; ergo this account is actually unenforceable and will remain so, until such time you come out of default (s.78 CCA1974) by complying fully with said Act. As you know, you cannot enforce a disputed account. I have requested a signed true copy of the original document some time ago now, which still remains outstanding.

You seem to think that you have complied with your obligations, however we both know unless you actually provide me a copy of the original, you have no recourse to consider legal action as s.127(3) and s.65(1) of the CCA rightly suggests. The fact that you feel satisfied with the outcome, does not make it correct and I am sorry to say that until you come out of default then yes, you are in direct breach of various Acts none moreso than The Protection from Harassment Act (1970) and the recently updated OFT Guidance on Debt Collection (12/2006). The OFT guidance clearly states what is and what is not acceptable. To reiterate, the OFT practices that I deem you to be continually breaching, amoungs others, include;

The unfair practices, carried out by you and your authorised agents are as follows:

2.2

f. Contacting debtors at unreasonable times
g. Ignoring or disregarding debtors' legitimate wishes in respect of when and where to contact them, for example, shift workers who ask not to be telephoned during certain times of the day

2.4

b. Falsely implying or stating that action can or will be taken when it legally cannot
e. Falsely implying or stating that failure to pay a debt is a criminal offence or that criminal proceedings will be brought

2.6

a. Contacting debtors at unreasonable times and at unreasonable intervals
c. Using more than one debt collection business at the same time resulting in repetitive and/or frequent contact by different parties
d. Not ensuring that an adequate history of the debt is passed on as appropriate resulting in repetitive and/or frequent contact by different parties
e. Not informing the debtor when their case has been passed on to a different debt collector
f. Pressurising debtors to pay in full, in unreasonably large instalments, or to increase payments when they are unable to do so
g. Making threatening statements or gestures
h. Ignoring and /or disregarding claims that debts have been settled or are disputed and continuing to make unjustified demands for payment

2.8

i. Failing to investigate and/or provide details as appropriate, when a debt is queried or disputed, possibly resulting in debtors being wrongly pursued
k. Not ceasing collection activity whilst investigating a reasonably queried or disputed debt

As you can clearly see from the above list, it is not one single thing you've messed up on here, it is a whole host of things. I have only bothered to quote the OFT Guidance - imagine when I start on the CCA1974 breaches & the Protection from Harassment Act breaches? Do you still think that you have the right to annoy me at your free-will? I certainly do not and fortunately for me, current UK law agrees.

For the last time, I formally demand that this action ceases with immediate effect and that you remove all telephone numbers you have on file against the alleged account and cancel any pending home visit. You are fine to send letters, which as you can see, do get responded to; it is your pig ignorance of s.78 that confuses matters because you think you are right whereas I know you are wrong and know that the CCA1974 protects me against such outrageous claims. I have asked on several occasions now, for you to send me a signed copy of the original agreement. You have failed to do so. Need I remind you of provision s.127(3) of the Consumer Credit Act 1974?

127(3) The court shall not make an enforcement order under section 65(1) if section 61(1)(a)(signing of agreements) was not complied with unless a document (whether or not in the prescribed form and complying with regulations under section 60(1)) itself containing all the prescribed terms of the agreement was signed by the debtor or hirer (whether or not in the prescribed manner).

As is clear from the above, and previous correspondence between us, without a true copy of the original signed agreement encompassing the prescribed terms, this account is lawfully deemed unenforceable and no formal action can be taken so long as this remains the case. Please do not waste my, or your time by fighting this lost cause any longer. Unless you can satisfy my s.78 request in full by providing me a copy of the alleged original "compliant" agreement, then I have nothing left to say to you.

As the account is clearly unenforceable, I expect you to write back and confirm that no further action will be taken and that the account is now closed and no further correspondence will take place; irrespective, unless you do supply a copy of the original agreement I will not correspond with you again. Any threats will be averred and unlawful and vexatious with a counter-claim forthcoming.

Yours faithfully


Sign digitally

[MattyA]

Re: wishfullthinkings UE Diary

Great letter Mr Nids

[Never-In-Doubt]

Re: wishfullthinkings UE Diary

Great letter Mr Nids

[MrsD]

Re: wishfullthinkings UE Diary

gaffa tape that letter from MBNA to your head, keep it safe!!!!

[Wishfull]

Re: wishfullthinkings UE Diary

wow

[Wishfull]

Re: wishfullthinkings UE Diary

thanks niddy will be in the post tomoz im smiling my head off at the mo lol

[Never-In-Doubt]

Re: wishfullthinkings UE Diary

thanks niddy will be in the post tomoz im smiling my head off at the mo lol

Best of luck. Send recorded too :niddy

[Wishfull]

Re: wishfullthinkings UE Diary

recorded it is thanks again

[Never-In-Doubt]

Re: wishfullthinkings UE Diary

recorded it is thanks again

:niddy :niddy

[Wishfull]

Re: wishfullthinkings UE Diary

26/01/2011 triton letter nat west fulfilled there cca request outstanding balence now due
07/02/2011 letter from natwest in responce to my joint sold while in despute/threat doorstep visit letter thanks for contacting us sorry you not happydebt collecter WILL BE CALLING unless i phone them and they have forfilled there obligations in respect of the cca request i wont be calling anyone
19/02/2011 notice of legal proceddings from triton recormending nat west take legal proceddings against me

any idea weather i respond or wait and see niddy

[Never-In-Doubt]

Re: wishfullthinkings UE Diary

any idea weather i respond or wait and see niddy

You should send a copy of what you last sent Natwest (#93 ) and tell them the account is formally in dispute and to return the account to the original creditor.....

[Wishfull]

Re: wishfullthinkings UE Diary

ok he it works
debt one
nat west credit card
started 03 02 04
current balence £5090.00
credit limit £4700.00
6 payments behind but sending token 1 pound
have agreed to stop interest and charges for 6 months
debt still with nat west no dmc involved yet
CCA SENT 04/10/10
default on cra file 21/10/2010
19/10/2010 cca reminder template sent
31/10/2010 still heard nowt back from natwest
20/11/2010 blank cca sent copy stamped all over it,hopefully they dont have an original
20/11/2010 cca letter sent as per niddy
20/11/2010 letter saying gonna hand it over to a debt collection agency
01/12.2010 letter saying not responded gonna hand it over to external dca
08/01/2011 payment demand from triton
31/03/2011 letter from green co solisiters threatening court action

threat of leagal action template nids?

[Never-In-Doubt]

Re: wishfullthinkings UE Diary

threat of leagal action template nids?

Yep - send this: ---> Threat by Lender/D.C.A - To commence litigation