MJR001 UE Diary

[CleverClogs (RIP)]

Re: MJR001 UE Diary

Another of Moorcroft's idiotic templates saying "the Information Commissioner's Office has confirmed that whereas a debtor is not obliged to repay the amount due to the provisions of the Consumer Credit Act....."

Someone should tell them it's the OFT...

Why?

MoronCroft cannot assimilate clues. That's why their letterhead has such tacky graphics.

Still, I suppose it matches their glamorous office building which, with its confusion of architectural styles, looks like the house that Jerry built:

[CleverClogs (RIP)]

Re: MJR001 UE Diary

Another of Moorcroft's idiotic templates saying "the Information Commissioner's Office has confirmed that whereas a debtor is not obliged to repay the amount due to the provisions of the Consumer Credit Act....."

Someone should tell them it's the OFT...

Why would you want to prevent them from making idiots of themselves :

They aren't making idiots of themselves, as that job had already been done by their parents.

[CleverClogs (RIP)]

Re: MJR001 UE Diary

Recieved a letter from Apex today saying they are refuting the claim of lacking the prescribed terms (something about credit limits etc ). No mention why there was no signature on the CCA they sent though. uploaded. Any ideas what to send these idiots next ??

Dear Ms Coombes,

Caput tuum in ano est.

You silly, silly woman!

Do you seriously suppose that the The Consumer Credit (Agreements) Regulations 1983 - which laid out the requirement and form for credit limits on agreements - were not in force in 2000?

For your information, those regulations were made under section 60 (2)(a) of the Consumer Credit Act 1974, which section of the Act has remained largely unaltered from its original enactment.

The Regulations came into operation on 19th May 1985 and, while some parts have been modified since, Regulation 2 and Schedule 1 remain as exacted.

As you plainly have no regard for the law or believe you have the right to make misleading statements to anyone whom you accuse of being a debtor to your company, I will forward your stupid letter to the Office of Fair Trading who may wish to review your company's licence.

I wish you success and happiness in your next job.

Yours Sincerely,

Clever Clogs

-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-

Consumer Credit (Agreements) Regulations 1983 (link)

Form and content of regulated consumer credit agreements (link)

2.—(1) Subject to paragraph (2) below, documents embodying regulated consumer credit agreements (other than modifying agreements) shall contain the information set out in Column 2 of Schedule 1 to these Regulations in so far as it relates to the type of agreement referred to in Column 1.

(2) Where any information about financial and related particulars set out in paragraphs 9 to 11 of Schedule 1 to these Regulations cannot be exactly ascertained by the creditor, estimated information based on such assumptions as the creditor may reasonably make in all the circumstances of the case and an indication of the assumptions made shall be included in documents embodying regulated consumer credit agreements.

Schedule 1 (link)

[CleverClogs (RIP)]

Re: MJR001 UE Diary

So whats their letter saying, that they did not need to include the amount of credit availible to you at the time of account inception?

I find it difficult to understand their argument against yours. Can someone clarify their point they are tyring to make and why they are wrong?

As far as i can see, you argued that the perscribed terms were missing, but they reply with a letter stating they do not need to include anything to show the credit availible during the agreement signup.

Is this the winsome (and lose more) Ms Coombes?

[CleverClogs (RIP)]

Re: MJR001 UE Diary

Its like they are quoting the CCA 2006 to justify the date stamp on the T&C's being 2007 lol.

I think they are playing the, selective reading game me thinks!

Or, more likely, an old fashioned game of Silly Buggers.

[CleverClogs (RIP)]

Re: MJR001 UE Diary

It must be so hard sometimes to restrain yourself from writing back just to point out their stupidness rather than ignoring it.

I know when i read letters from DCA's it winds me up and i have to really stop myself from writing back stating they missed the point

In this case, I'd be seriously tempted to send back a xerox of that letter, with just one word scrawled across it in red crayon:

Wrong!

[SXGuy]

Re: MJR001 UE Diary

Dear Ms Coombes,

Caput tuum in ano est.

You silly, silly woman!

Do you seriously suppose that the The Consumer Credit (Agreements) Regulations 1983 - which laid out the requirement and form for credit limits on agreements - were not in force in 2000?

For your information, those regulations were made under section 60 (2)(a) of the Consumer Credit Act 1974, which section of the Act has remained largely unaltered from its original enactment.

The Regulations came into operation on 19th May 1985 and, while some parts have been modified since, Regulation 2 and Schedule 1 remain as exacted.

As you plainly have no regard for the law or believe you have the right to make misleading statements to anyone whom you accuse of being a debtor to your company, I will forward your stupid letter to the Office of Fair Trading who may wish to review your company's licence.

I wish you success and happiness in your next job.

Yours Sincerely,

Clever Clogs

-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-

Consumer Credit (Agreements) Regulations 1983 (link)

Form and content of regulated consumer credit agreements (link)

Schedule 1 (link)

I love this letter!!! im gonna be messaging you next time i need a smart ass reply lol!

[oldyboy]

Re: MJR001 UE Diary

I love this letter!!! im gonna be messaging you next time i need a smart ass reply lol!

Me too!

In a way it's quite entertaining to see what these people try to come up with. They must assume we're thick, or at least as thick as they are.....

[CleverClogs (RIP)]

Re: MJR001 UE Diary

i have no idea what these morons are on about either, they start waffling about credit limits etc but the most obvious to me is that it does not include my name, address, or any signature (The CCA they sent was just random terms and conditions, and was even date stamped in the corner of the pages 2007, my account was taken out in 2000 ?)

When I composed my rather irate reply to Miss K Coombes - whose "signature" looks more like the "X my marke" of yesteryear than an attempt to sign any part of her name - I was merely responding to the fatuous farrago of flatulent flim-flam in her letter. I did not know then that the alleged agreement was so egregiously deficient; if I had, I would probably have written thus:

Dear Miss Coombes,

Thank you for your letter dated 22 February 2012, a Xerox copy of which I have enclosed. I have assumed that it was sent by you or with your knowledge, although the contents of the letter might make one wonder if it had been sent under your name and with your signature or mark copied, by an office junior. Perhaps the copy will help you to determine which of the numpties in your department wrote it? I sincerely hope that you discover the culprit, as such arrant nonsense can only impair the reputation of your company and of yourself.

I am grateful that the letter states that the date of the agreement was 18 June 2000, but I remain most curious as to why, in response to my request pursuant to section 78 of the Consumer Credit Act 1974, the purported agreement that was sent was date-stamped 2007 on one corner of the pages. Was this the date those bits of paper were discovered at the bottom of the office cat's litter tray?

For an agreement entered into on 18 June 2000, the Consumer Credit (Agreements) Regulations 1983 - which laid out the requirements and prescribed details on agreements - had been in force since 19th May 1985.

Schedule 1 (2) requires that the agreement shall bear the name and a postal address of the debtor. These details, which are hardly insignificant, were conspicuously lacking in the purported agreement your company sent in response to my request. Schedule 2(8) concerns credit limits and requires that the credit limit may be stated as a sum of money, a statement that the credit limit will be communicated to the debtor by the creditor or a statement that there is no credit limit; this was also absent from what your company sent in response to my section 78 request.

As I am sure you are aware, the judgement in Carey provides for a reconstituted copy of an agreement to be provided if the original document is no longer extant; I consider that to be perverse and a travesty of what the Consumer Credit Act 1974 stated, but such is the current case law on the matter. For the reasons I have set out above, the document your company provided could not be considered to be even a reconstituted "true copy" of an executed agreement and consequently this alleged debt cannot be enforced by any court.

The reference made in the letter to the changes made to the Consumer Credit Act in 2006 will hardly help, other than absolve your company of the criminal offence formerly stated by section 78 (6)(b), which was triable summarily and had the penalty of the trifling sum of a £200 fine; section 78 (6)(a) still stands, unaltered and states that the agreement cannot be enforced for as long as no copy of the executed agreement has been provided.

The letter of 22 February 2012 is thus utter nonsense. Your company has been sold a lemon by Barclaycard, and a dried up, shrivelled husk of a lemon at that. You would probably do better to return the account to whence it came and to reclaim from its vendor the purchase price, for this alleged debt is not even worth the price of an empty crisp packet.

Yours Sincerely,

Clever Clogs

[CleverClogs (RIP)]

Re: MJR001 UE Diary

I love this letter!!! im gonna be messaging you next time i need a smart ass reply lol!

Me too!

In a way it's quite entertaining to see what these people try to come up with. They must assume we're thick, or at least as thick as they are.....

You would both be most welcome.

In other news, I've learned why that letter was sent. On looking through the Apex Credit Management website, I found that the Group Sales Director, one David Connell, transferred over to Apex from Cabot. In other words, they're the same bunch of arrogant jerks that hounded people at Cabot and they're up to the same tricks in their new company.

[mjr001]

Re: MJR001 UE Diary

After sending the Final response - Unenforcable (CCA Recieved)template to them, today I recieved another letter from these morons, same rubbish as the last letter, waffling on again, any ideas on a reply, if any ?

[Deepie]

Re: MJR001 UE Diary

^^^^just ignore for now see what they send next........

[mjr001]

Re: MJR001 UE Diary

Just a quick question, I have a ppi reclaim going on against RBS, and today recieved a letter offering a refund. This post is http://forums.all-about-debt.co.uk/s...ead.php?t=4477

My question is this, I am currently behind on my 2 credit card payments, by 2 payments on each (because I am sending them out soon unenforcability letters (I have held off with RBS due to the PPI claim). My question is, now they have offered the refund, can they stop some or all of it to pay against my arrears on the cards (about £500 in arrears, with a balance of £14k)

I know they say they can offset on my current account (which i am going to close down in the next week or so anyway), and that is not in arrears, but what can they do with the PPI refund.

I would also prefer them to send a cheque, is there any sort of letter I can send to request this ?

M

[Deepie]

Re: MJR001 UE Diary

Just a quick question, I have a ppi reclaim going on against RBS, and today recieved a letter offering a refund. This post is http://forums.all-about-debt.co.uk/s...ead.php?t=4477

My question is this, I am currently behind on my 2 credit card payments, by 2 payments on each (because I am sending them out soon unenforcability letters (I have held off with RBS due to the PPI claim). My question is, now they have offered the refund, can they stop some or all of it to pay against my arrears on the cards (about £500 in arrears, with a balance of £14k)

I know they say they can offset on my current account (which i am going to close down in the next week or so anyway), and that is not in arrears, but what can they do with the PPI refund.

I would also prefer them to send a cheque, is there any sort of letter I can send to request this ?

M

di30 Has replied here
http://forums.all-about-debt.co.uk/s...5&postcount=18

[mjr001]

Re: MJR001 UE Diary

just a quick question, I am still waiting for any sort of response from RBS about my CCA request, on their credit card and their Mint credit card taken out donkeys years ago. As I banked with these up til recently, whats the chance they may fathom up some sort of CCA's based on signatures etc when my current account was running (my current account was shut down last month with them)

To be able to be enforcable in court, does a recon suffice or does it have to be the original documents

best

M