BillyTommo's UE Diary

[billytommo]

Re: BillyTommo's UE Diary

Yes, I got an original reply to my CCA request which Niddy deemed but he did say the it was easily remedied and not to rattle their cage. It was only when I sent the Harassment & Threat of Doorstep Visit letter that I received another CCA in response.

[billytommo]

Re: BillyTommo's UE Diary

My Amex account:

I Would send this------> Threat by Creditor - Threat-o-Gram Letter Before Action

I have received another Notice Of Legal Action letter. I will send the advised Threat by Creditor - Threat-o-Gram Letter Before Action letter off.....

[Pixie]

Re: BillyTommo's UE Diary

If they're sending legal letters out so quickly, it might be time to offer a repayment plan, it all depends on your circumstances.

[billytommo]

Re: BillyTommo's UE Diary

Yes, they do seem a bit more serious than others, though I'm not counting my chickens! It is, as I've said, one of the smaller balances so it could be worse. I'm on a DMP which takes all of my creditors into account so I have a value to offer them. They probably won't be happy but I think I'll just offer it and pay them anyway. I suspect a little further down the line a F&F could be suggested? I'll await further input before I do anything but I want to get whatever I decide to sent in the post by Monday morning as I am away for another two weeks from then. I take it it is not worth sending the 'Threat by Creditor...' letter then?

[billytommo]

Re: BillyTommo's UE Diary

Sorry, I've made a cock up - got two of my accounts mixed up The Amex account has actually been deemed by Niddy and he advised me to keep blagging it whilst I can. Lately they have passed it around a couple of times. Now the latest DCA, Newmans, seem to be a little more aggressive in their letter writing. Does this alter the strategy? Do I still send the http://www.all-about-debt.co.uk/temp...lity/s5-t1.php ??

[Deepie]

Re: BillyTommo's UE Diary

Sorry, I've made a cock up - got two of my accounts mixed up The Amex account has actually been deemed by Niddy and he advised me to keep blagging it whilst I can. Lately they have passed it around a couple of times. Now the latest DCA, Newmans, seem to be a little more aggressive in their letter writing. Does this alter the strategy? Do I still send the http://www.all-about-debt.co.uk/temp...lity/s5-t1.php ??

No thats fine send it anyway...........

[billytommo]

Re: BillyTommo's UE Diary

Received a response to the above letter, well two actually: one from Newman's informing me that they had passed he complaint to Amex and one from Amex telling me that they were looking into it. I'll just sit and wait then

[billytommo]

Re: BillyTommo's UE Diary

My NatWest card that they have demanded signatures for my CCA request, Triton have now sent me a 'Notice of Intended Proceedings' letter. I believe that, by not complying with my CCA request they are in default anyway so I'll just sit tight . . .

[Never-In-Doubt]

Re: BillyTommo's UE Diary

My NatWest card that they have demanded signatures for my CCA request, Triton have now sent me a 'Notice of Intended Proceedings' letter. I believe that, by not complying with my CCA request they are in default anyway so I'll just sit tight . . .

Mate - don't let it get that far - send this back asap

Dear Sirs

Account No/Reference No: XXXXXXXX

I write with reference to the above numbered account and note, with regret, that you have chosen not to deal with this matter despite my previous communication endeavouring to assist you in coming to a satisfactory arrangement to close this account; without the need for legal action.

This account is formally in dispute and has been since my s.78 request was ignored, and remains outstanding. As you're aware you have no legal recourse to legal action when the original creditor is in default of my lawful request.

I suggest you go back to natwest and request compliance with my request, until such time they do so this account remains unenforceable and enforcement action is not permitted in line with s.127(3) of the CCA1974.

Section 127(1) of the Consumer Credit Act (CCA 1974) is subject to the restrictions imposed by sections 127(3) & (4). Those subsections set out the circumstances in which the court shall not make an enforcement order under section 65(1) of the Act. Put simply, a court cannot make a judgement on an unenforceable debt without the original agreement, or at least a genuine "true copy"; ergo we're back at square one - all I ask is for you to provide me a copy of the original agreement instead of fobbing me off with excuses all the time.

Consequently, any legal action you pursue will not only be fully and vigorously defended, it will also be averred as both unlawful and vexatious. As such I respectfully suggest that this account is returned to the original creditor for immediate resolution.

Yours faithfully,

Sign Digitally

[billytommo]

Re: BillyTommo's UE Diary

Sound mate, will do. Thanks!

[Never-In-Doubt]

Re: BillyTommo's UE Diary

Keep us updated mate and don't ignore anything from them for the time being....

Try it on are known to get brave and I don't want them taking action, at least if they do the fact you're sending replies to them all the time shows you're not a debt dodger thus I have adapted the above into a mini bespoke suited for you here.

Good luck.

[billytommo]

Re: BillyTommo's UE Diary

Thanks Niddy, I will send that off recorded tomorrow. Just to refresh, the card is one taken out ages ago at the same time as another one that they have admitted not being able to locate the paperwork for so I really can't see there being much difference with this one. Never say never though and I'll do as you suggest

[Never-In-Doubt]

Re: BillyTommo's UE Diary

Thanks Niddy, I will send that off recorded tomorrow. Just to refresh, the card is one taken out ages ago at the same time as another one that they have admitted not being able to locate the paperwork for so I really can't see there being much difference with this one. Never say never though and I'll do as you suggest

Yep good man - thing is mate, it shows any possible judge that you are reasonable and simply want to see your agreement....

brownie points, as such

[billytommo]

Re: BillyTommo's UE Diary

this is kinda unenforceable only in so much that they've sent 4 sets of terms and none are actually those that are relevant to the inception of the account thus it is temporarily

I would respond as follows: ---> Our Templates | Unenforceability Templates | CCA Query - Missing Prescribed Terms

I have had a PAYMENT DEMAND letter from Triton. Any action?

[Never-In-Doubt]

Re: BillyTommo's UE Diary

I have had a PAYMENT DEMAND letter from Triton. Any action?

Nope