Pookies UE Diary

[pooksthebear]

Re: Pookies UE Diary

read the posts from here to the end ---> allaboutDEBT - NEW Site Coming! - Page 17 - allaboutFORUMS

Oh thats much simpler than I thought it would be, thanks!

[pooksthebear]

Re: Pookies UE Diary

Niddy you are brilliant!!!!! Thank you

[Never-In-Doubt]

Re: Pookies UE Diary

Flower how do you do that link thing?

read the posts from here to the end ---> allaboutDEBT - NEW Site Coming! - Page 17 - allaboutFORUMS

[Never-In-Doubt]

Re: Pookies UE Diary

^^^^^

Send my version above, it's a lot better with less waffling and more direct threats that actually hold substance. The Harrison/Link judgment is irrelevant really - so took it out

Trust me, send the above version

[Never-In-Doubt]

Re: Pookies UE Diary

Dear Sirs,

Ref: xxxxxxx

I acknowledge receipt of your letter and I would like to point out that regardless of the provisions of sections 78 you seem to have forgotten about The Consumer Credit (EU Directive) Regulations (2010) and also c.39 (s.74 (A&B) (VA)) CCA(1974).

As I had what can only be classed as an agreed overdraft, then the lending becomes regulated in line with Part VA (s.74) (s.1(b)) meaning the normal rules and CCA(1974) protection applies. The lender also needs to send an annual reminder to me regards the overdraft, as well as copies of the original agreement made and an annual renewal form that contains the relevant prescribed terms that are clearly outlined in s.74(A)2(a,b,c,d,e). As nothing of the sort has ever been recorded as received by myself, this account is in fact unenforceable.

Please pay attention to the following amendments to the CCA1974;

s.74A(2) The current account agreement must include the following information at the time it is made:

(a) the rate of interest charged on the amount by which an account-holder overdraws on the current account or exceeds the pre-arranged overdraft limit,
(b) any conditions applicable to that rate,
(c) any reference rate on which that rate is based,
(d) information on any changes to the rate of interest (including the periods that the rate applies and any conditions or procedure applicable to changing that rate), and
(e) any other charges payable by the debtor under the agreement (and the conditions under which those charges may be varied).

Please also pay attention to s.74(B)(2) which reads;

s.74B(2) The matters referred to in subsection (1) are:

(a) the fact that the current account is overdrawn or the overdraft limit has been exceeded,
(b) the amount of that overdraft or excess,
(c) the rate of interest charged on it, and
(d) any other charges payable by the debtor in relation to it (including any penalties and any interest on those charges).

I trust that I have set out my position, and the position of current legislation that is the Consumer Credit Act 1974.

On to another matter, regards your continual harassment by telephone - you've now forced me to get rid of my old number, it's pointless keeping it when you think it's a personal hotline to annoy and harass me; therefore I do have access to a number which you should only use if you cannot get hold of me by mail, as I do request that all correspondence be done via letter to allow me an audit trail in case of future misconduct.

This contact number is 08719152718. You should take this as formal notice that my previous number is no longer in use by me and any attempts to call it will be classed as undue harassment to which relevant complaints will be sent to your governing regulators. I do request you only communicate in writing however should you feel the need to try and speak to me please leave a message and I shall endevour to return your call if I deem it appropriate, otherwise I will respond in writing.

If you continue to harass me by telephone, you will be in breach of the Communications Act (2003) s.127 and I will have no alternative but to report you to OFCOM, Trading Standards and The Office of Fair Trading, meaning that you may be liable to a substantial fine and/or other sanctions as they see fit. Be advised that any further telephone calls from your company may be recorded and used in evidence.

As I now formally demand all further correspondence from your company to be made in writing only, I would like to also make you aware that any additional harassment will put you in breach of Section 40 of the Administration of Justice Act 1970, and the Protection from Harassment Act 1997.

I trust I have made myself and my position clear and look forward to receiving the requested documents within the next 14 days, or your confirmation that you do not hold any such documents.

Yours faithfully,


Sign Digitally

[pooksthebear]

Re: Pookies UE Diary

Letter was on post 160...

allaboutFORUMS - View Single Post - Pookies UE Diary

Flower how do you do that link thing?

[pooksthebear]

Re: Pookies UE Diary

Hiya

Please post template text here (remove personal info) - let me cast my eyes, just want to ensure you are not amending it to include acknowledgement as all my templates are worded not to include acknowledgement.....

Please.... I'll just check it over for you

Hi, yes Flower is right it was post 160. Is it ok?

[Never-In-Doubt]

Re: Pookies UE Diary

Hiya

Please post template text here (remove personal info) - let me cast my eyes, just want to ensure you are not amending it to include acknowledgement as all my templates are worded not to include acknowledgement.....

Please.... I'll just check it over for you

[pooksthebear]

Re: Pookies UE Diary

Best of luck with Cabot !Pookie!

Thanks! I feel quite good about sending them the letter Niddy did (that I've pinched off someone else but changed slightly!) It will give them something to think about wont it! Isn't Niddy fantastic!! Well you all are really, I am very very grateful for all the help everyone is giving me.

Pooks

[pooksthebear]

Re: Pookies UE Diary

If you read this beforehand, then actually add a line to the template at the very bottom (above the 'yours faithfully') as follows:

"Please note my new contact number is 08719152718. You should take this as formal notice that my previous number is no longer in use by me and any attempts to call it will be classed as undue harassment to which relevant complaints will be sent to your governing regulators. I do request you communicate in writing however should you feel the need to try and speak to me please leave a message and I shall endevour to return your call if I deem it appropriate, otherwise I will respond in writing"

Best of luck.

Niddy you are bloody brilliant with words!! Thank you, I will amend letter and add that tomorrow

[Never-In-Doubt]

Re: Pookies UE Diary

Good plan.. i will put that number at the top of the new cca letter and telephone harassment letter im sending them tomorrow!!

If you read this beforehand, then actually add a line to the template at the very bottom (above the 'yours faithfully') as follows:

"Please note my new contact number is 08719152718. You should take this as formal notice that my previous number is no longer in use by me and any attempts to call it will be classed as undue harassment to which relevant complaints will be sent to your governing regulators. I do request you communicate in writing however should you feel the need to try and speak to me please leave a message and I shall endevour to return your call if I deem it appropriate, otherwise I will respond in writing"

Best of luck.

[pooksthebear]

Re: Pookies UE Diary

Someone here posted recently that leaving the phone on a call like that is not a good idea because in some cases you may be charged for it. Unfortunately I can't remember the details maybe someone will be able to clarify but the recommendation was just to put the phone down.

Oh right, I will avoid that then and just not answer (or pick up and immediately hang up)!

Got my letter printed off today so thats going in the post tomoro, hopefully they will leave me alone for a bit then!

[pooksthebear]

Re: Pookies UE Diary

Write to them?

No guarantee that they'll change the number they have for you but it's worth a try, isn't it?

Good plan.. i will put that number at the top of the new cca letter and telephone harassment letter im sending them tomorrow!!

[pooksthebear]

Re: Pookies UE Diary

I suggest you start writing these down in a notebook jotting down the number, time, and date, also who the caller is if you know. If you have caller display on your landline then it's easy, but if not you dial 1471 and you'll also get the same info, but only for the last number to call you. Also copy down your mobile records. You seem to be getting a lot of calls so you could need a big notebook!

It may seem strange but I find doing this therapeutic!?!

I have caller display and the ringer off. I just see the display light up with the number and see who it is before choosing to answer or ignore. When I started my now defunct DMP the phone was constantly ringing like yours is now, and when it did it always made me jump! If you don't want to, or can't, set it to silent set it to low so it doesn't startle you.

Hi yeah ive got caller display and I just dont bother answering! However.. I think I might start answering and just put the phone by the tv .. leave it there until they hang up haha! Gonna get a notebook tomoro for all the call logging!

[Pixie]

Re: Pookies UE Diary

Oooh thats good!! Hmmm yeah I think I will do that then ... but then if I answer the phone to give them the number they will know I havnt changed numbers... hmmm... need a plan

Write to them?

No guarantee that they'll change the number they have for you but it's worth a try, isn't it?