Pookies UE Diary

[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

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?

[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?

[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

[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

Flower how do you do that link thing?

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

[pooksthebear]

Re: Pookies UE Diary

Niddy you are brilliant!!!!! Thank you

[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!

[Never-In-Doubt]

Re: Pookies UE Diary

Niddy you are brilliant!!!!! Thank you

I know, I know

Just kidding, but see what I mean how mine is more direct and to the point? Trust me, see what that does

[pooksthebear]

Re: Pookies UE Diary

Right.. while I am on a roll should I do anything about this:

6th Dec got letter from Mackenzie Hall sending back my postal order saying they had requested CCA from Capquest and if no contact within 40 days they would close my file. 7th Dec demand for payment from Mackenzie Hall. 12th Dec demand for payment and doorstep threat from Meritforce (on behalf of Capquest). 12th Jan full and final offer made from Mackenzie Hall. 30th Jan demand for payment from Connect on behalf of Capquest. Still no CCA. I have ignored all (except doorstep threat, sent a template threat letter in response) Am I ok to keep ignoring?

Also.. seeing as Cabot sent my postal order back with my request for CCA (stating they didn't have to provide as overdraft)..well as I'm now sending them the above letter, do I need to send a £1 postal order with the letter?

Pooks

[pooksthebear]

Re: Pookies UE Diary

I know, I know

Just kidding, but see what I mean how mine is more direct and to the point? Trust me, see what that does

Its brilliant Niddy, you must have one heck of a brain!! I thought I was good at letter writing till I came across yours!!

[Never-In-Doubt]

Re: Pookies UE Diary

Right.. while I am on a roll should I do anything about this:

6th Dec got letter from Mackenzie Hall sending back my postal order saying they had requested CCA from Capquest and if no contact within 40 days they would close my file. 7th Dec demand for payment from Mackenzie Hall. 12th Dec demand for payment and doorstep threat from Meritforce (on behalf of Capquest). 12th Jan full and final offer made from Mackenzie Hall. 30th Jan demand for payment from Connect on behalf of Capquest. Still no CCA. I have ignored all (except doorstep threat, sent a template threat letter in response) Am I ok to keep ignoring?

Yes ignore for now, if necessary I'll sort you a suitable reply....

Also.. seeing as Cabot sent my postal order back with my request for CCA (stating they didn't have to provide as overdraft)..well as I'm now sending them the above letter, do I need to send a £1 postal order with the letter?

yes send the same £1 PO from last time - dont get a new one.

[pooksthebear]

Re: Pookies UE Diary

Yes ignore for now, if necessary I'll sort you a suitable reply....

Ok will do. Just noticed...Connect is part of Mackenzie Hall.. so much for closing file after 40 days!

yes send the same £1 PO from last time - dont get a new one.

Yep still got that and they are good for 3 months so still in date.

Thank you

[pooksthebear]

Re: Pookies UE Diary

Nice to see Niddy now responds to the name of 'Flower'

[Never-In-Doubt]

Re: Pookies UE Diary

I replied cos I spent hours helping planB