bobogosing's UE diary

[Never-In-Doubt]

Re: bobogosing's UE diary

You just know the response to the egg one is going to be funny. Along the lines of "ok don't write. It's fine by me. I'm not sending you ID. Fuckoff"

[IF]

Re: bobogosing's UE diary

You just know the response to the egg one is going to be funny. Along the lines of "ok don't write. It's fine by me. I'm not sending you ID. Fuckoff"

[bobogosing]

Re: bobogosing's UE diary

Barclaycard 1 (Mrs bobo's)

Type of account: Barclaycard
Date commenced: Before 2004
Approx balance: £3190
Date last paid: Nov 2003 then went on DMP with CCCS Dec 2003
Are you on arrangement or not paying: Was on DMP with CCCS, last paid in Nov 2010
Status: Default and in arrears
Account owner: Barclaycard

http://forums.all-about-debt.co.uk/s...&postcount=314

8/5/13 Requested CCA again for ignoring creditors letters
received letter from MKDP dated 20/5/13 [/QUOTE]
UPDATE

With this one, I file away. Yes?

[bobogosing]

Re: bobogosing's UE diary

You just know the response to the egg one is going to be funny. Along the lines of "ok don't write. It's fine by me. I'm not sending you ID. Fuckoff"

Wish I can send a template like that without them giving me a hard time

[ScabHunter]

Re: bobogosing's UE diary

Bobo,

You haven't mentioned whether this is a loan or a credit card, or anything else. The letter which follows assumes that it is a credit card. If not, references to section 78 will need to be changed to section 77. Other than that consideration, I would send them this -

“Dear Sirs,

Thank you for your letter confirming that you remain in default of Section 78 of the Consumer Credit Act 1974. You will note that subsection 1 of this section of the Act states -

“The creditor under a regulated agreement for running-account credit, within the prescribed period after receiving a request in writing to that effect from the debtor and payment of a fee of £1, shall give the debtor a copy of the executed agreement (if any) and of any other document referred to in it, together with a statement signed by or on behalf of the creditor showing, according to the information to which it is practicable for him to refer,—

(a) the state of the account, and
(b) the amount, if any currently payable under the agreement by the debtor to the creditor, and
(c) the amounts and due dates of any payments which, if the debtor does not draw further on the account, will later become payable under the agreement by the debtor to the creditor.“

Subsection 3, which deals with exceptions to the statutory requirements outlined above, includes the following exception -

“(b) a request made less than one month after a previous request under that subsection relating to the same agreement was complied with.”

It is therefore obvious to deduce, from the above stipulation, that any request made after one month has elapsed from the time of the previous request is valid and must be complied with. Consequently, your failure to comply with my legitimate request of [DATE] puts you in default of this legislation, and under the provision of subsection 6(a) of section 78, you are not entitled, while the default continues, to enforce the agreement.

I therefore look forward to your compliance in due course.

Yours Faithfully,”

SH

[bobogosing]

Re: bobogosing's UE diary

UDATE

Barclaycard 2 (Mrs bobo's)

• Type of account: Barclaycard
• Date commenced: Before 2004
• Approx balance: £1128
• Date last paid: Nov 2003 then went on DMP with CCCS Dec 2003
• Are you on arrangement or not paying: Was on DMP with CCCS, last paid in Nov 2010
• Status: Default and in arrears
• Account owner: Barclaycard

http://forums.all-about-debt.co.uk/s...&postcount=251

8/5/13 Requested CCA again for ignoring creditor's letters
received letter from MKDP dated 20/5/13

Hi!

Received same letter from MKDP (see post 513)

Will file away.

bobo x

[bobogosing]

Re: bobogosing's UE diary

Bobo,

You haven't mentioned whether this is a loan or a credit card, or anything else. The letter which follows assumes that it is a credit card. If not, references to section 78 will need to be changed to section 77. Other than that consideration, I would send them this -

“Dear Sirs,

Thank you for your letter confirming that you remain in default of Section 78 of the Consumer Credit Act 1974. You will note that subsection 1 of this section of the Act states -

“The creditor under a regulated agreement for running-account credit, within the prescribed period after receiving a request in writing to that effect from the debtor and payment of a fee of £1, shall give the debtor a copy of the executed agreement (if any) and of any other document referred to in it, together with a statement signed by or on behalf of the creditor showing, according to the information to which it is practicable for him to refer,—

(a) the state of the account, and
(b) the amount, if any currently payable under the agreement by the debtor to the creditor, and
(c) the amounts and due dates of any payments which, if the debtor does not draw further on the account, will later become payable under the agreement by the debtor to the creditor.“

Subsection 3, which deals with exceptions to the statutory requirements outlined above, includes the following exception -

“(b) a request made less than one month after a previous request under that subsection relating to the same agreement was complied with.”

It is therefore obvious to deduce, from the above stipulation, that any request made after one month has elapsed from the time of the previous request is valid and must be complied with. Consequently, your failure to comply with my legitimate request of [DATE] puts you in default of this legislation, and under the provision of subsection 6(a) of section 78, you are not entitled, while the default continues, to enforce the agreement.

I therefore look forward to your compliance in due course.

Yours Faithfully,”

SH

Hi SH!

Thank you for the advise and template. Also for pointing out my missing info. Yes, its credit card.

bobo x

[Never-In-Doubt]

Re: bobogosing's UE diary

Barclaycard 1 (Mrs bobo's)

Type of account: Barclaycard
Date commenced: Before 2004
Approx balance: £3190
Date last paid: Nov 2003 then went on DMP with CCCS Dec 2003
Are you on arrangement or not paying: Was on DMP with CCCS, last paid in Nov 2010
Status: Default and in arrears
Account owner: Barclaycard

http://forums.all-about-debt.co.uk/s...&postcount=314

8/5/13 Requested CCA again for ignoring creditors letters
received letter from MKDP dated 20/5/13
UPDATE

With this one, I file away. Yes?

This one you can ignore until such time they get the required information

[Never-In-Doubt]

Re: bobogosing's UE diary

Hi SH!

Thank you for the advise and template. Also for pointing out my missing info. Yes, its credit card.

bobo x

Bobo,

You haven't mentioned whether this is a loan or a credit card, or anything else.

SH - what account are you suggesting this be sent for mate? Just in case we're crossing paths here, as the MKDP one doesn't need a response as they've issued a holding letter only.

Cheers mate

[Never-In-Doubt]

Re: bobogosing's UE diary

UDATE

Barclaycard 2 (Mrs bobo's)

• Type of account: Barclaycard
• Date commenced: Before 2004
• Approx balance: £1128
• Date last paid: Nov 2003 then went on DMP with CCCS Dec 2003
• Are you on arrangement or not paying: Was on DMP with CCCS, last paid in Nov 2010
• Status: Default and in arrears
• Account owner: Barclaycard

http://forums.all-about-debt.co.uk/s...&postcount=251

8/5/13 Requested CCA again for ignoring creditor's letters
received letter from MKDP dated 20/5/13

Hi!

Received same letter from MKDP (see post 513)

Will file away.

bobo x

Yes, no response necessary for this either.

[Never-In-Doubt]

Re: bobogosing's UE diary

Sainsbury's Mr Bobo Credit Card:

Hi!

Received reply from Arrow, they have returned the £1 CCA payment which Niddy advised to request again as I have been ignoring their letters .

I'll sort u a reply in morning

See below but remember that you need to send this with the same £1 cheque and a copy of the original request.....

Dear Sirs,

Ref: xxxxxxxx

I write with reference to your letter dated 22 May 2013. Unfortunately it appears you're missing the obvious legislative guidance because I am well within my rights to request a new CCA each and every month, if I so desire.

The information you refer, that may have been issued last year, does not satisfy my s.78 Request of May 2013 and until such time you deal with my lawful request, this account does remain in an unenforceable state.

I won't go over old ground again but in Layman terms section 78 of the Act itself clearly states;

(1) The creditor under a regulated agreement for running-account credit, within the prescribed period after receiving a request in writing to that effect from the debtor and payment of a fee of £1, shall give the debtor a copy of the executed agreement (if any) and of any other document referred to in it, together with a statement signed by or on behalf of the creditor showing, according to the information to which it is practicable for him to refer,—

(a)the state of the account, and

(b)the amount, if any currently payable under the agreement by the debtor to the creditor, and

(c)the amounts and due dates of any payments which, if the debtor does not draw further on the account, will later become payable under the agreement by the debtor to the creditor.

(2)If the creditor possesses insufficient information to enable him to ascertain the amounts and dates mentioned in subsection (1)(c), he shall be taken to comply with that paragraph if his statement under subsection (1) gives the basis on which, under the regulated agreement, they would fall to be ascertained.

(3)Subsection (1) does not apply to —

(a)an agreement under which no sum is, or will or may become, payable by the debtor, or

(b)a request made less than one month after a previous request under that subsection relating to the same agreement was complied with.

Now as you can see from the above; I am well within my rights to request a new s.78 request every month if I so wish, this is concise in the Act as detailed in the above text.

I attach the same £1 payment as before with a copy of the original request and look forward to hearing from you in due course.

Yours faithfully,



Sign Digitally

[Never-In-Doubt]

Re: bobogosing's UE diary

Egg Loan - Mrs Bobo:

Hi

Received letter from Arrow Global. They managed to sent "Notice of Assignment" letter to the same address(see post #499) and yet when I request for my CCA again, they are asking about my address?

Just send this back to them with a copy of your original request and payment (if it was returned to you)...

Dear Sirs,

Ref: xxxxxxxx

I write with reference to your letter dated 28th May 2013, the content having been noted.

Thanks for writing to me, confirming you're not going to write to me. It's fine by me, I am happy for you never to contact me again - after all it's not like you're a nuisance and a drain on society is it?

Obviously you want paying, I am responding to you but you are playing silly beggars which suits me fine. If you want to discuss this matter like adults then I suggest you use your common sense and update your records or close the account as missing in action.

Funny that you wrote to me asking me to pay money, yet when I write asking for info you then clam up - so do you want to try and resolve matters or not?

A copy of my last letter is attached for your action, alternatively I'd like to thank you for agreeing never to contact me again.

Yours faithfully,


Sign Digitally

[bobogosing]

Re: bobogosing's UE diary

Just send this back to them with a copy of your original request and payment (if it was returned to you)...

Dear Sirs,

Ref: xxxxxxxx

I write with reference to your letter dated 28th May 2013, the content having been noted.

Thanks for writing to me, confirming you're not going to write to me. It's fine by me, I am happy for you never to contact me again - after all it's not like you're a nuisance and a drain on society is it?

Obviously you want paying, I am responding to you but you are playing silly beggars which suits me fine. If you want to discuss this matter like adults then I suggest you use your common sense and update your records or close the account as missing in action.

Funny that you wrote to me asking me to pay money, yet when I write asking for info you then clam up - so do you want to try and resolve matters or not?

A copy of my last letter is attached for your action, alternatively I'd like to thank you for agreeing never to contact me again.

Yours faithfully,


Sign Digitally

Thanks Niddy! Couldn't stop giggling reading this letter.
Will send this and the letter for Sainsbury. xx

[bobogosing]

Re: bobogosing's UE diary

See below but remember that you need to send this with the same £1 cheque and a copy of the original request.....

Dear Sirs,

Ref: xxxxxxxx

I write with reference to your letter dated 22 May 2013. Unfortunately it appears you're missing the obvious legislative guidance because I am well within my rights to request a new CCA each and every month, if I so desire.

The information you refer, that may have been issued last year, does not satisfy my s.78 Request of May 2013 and until such time you deal with my lawful request, this account does remain in an unenforceable state.

I won't go over old ground again but in Layman terms section 78 of the Act itself clearly states;

(1) The creditor under a regulated agreement for running-account credit, within the prescribed period after receiving a request in writing to that effect from the debtor and payment of a fee of £1, shall give the debtor a copy of the executed agreement (if any) and of any other document referred to in it, together with a statement signed by or on behalf of the creditor showing, according to the information to which it is practicable for him to refer,—

(a)the state of the account, and

(b)the amount, if any currently payable under the agreement by the debtor to the creditor, and

(c)the amounts and due dates of any payments which, if the debtor does not draw further on the account, will later become payable under the agreement by the debtor to the creditor.

(2)If the creditor possesses insufficient information to enable him to ascertain the amounts and dates mentioned in subsection (1)(c), he shall be taken to comply with that paragraph if his statement under subsection (1) gives the basis on which, under the regulated agreement, they would fall to be ascertained.

(3)Subsection (1) does not apply to —

(a)an agreement under which no sum is, or will or may become, payable by the debtor, or

(b)a request made less than one month after a previous request under that subsection relating to the same agreement was complied with.

Now as you can see from the above; I am well within my rights to request a new s.78 request every month if I so wish, this is concise in the Act as detailed in the above text.

I attach the same £1 payment as before with a copy of the original request and look forward to hearing from you in due course.

Yours faithfully,



Sign Digitally

Hi Niddy and everyone!

Since sending the Niddy's template to Arrow Global, I've now received letter from Blake Lapthorn.

Do I send the "account sold while is in dispute" template please?

Many thanks! bobo x

[bobogosing]

Re: bobogosing's UE diary

UPDATE

Barclaycard 1 (Mrs bobo's)

Type of account: Barclaycard
Date commenced: Before 2004
Approx balance: £3190
Date last paid: Nov 2003 then went on DMP with CCCS Dec 2003
Are you on arrangement or not paying: Was on DMP with CCCS, last paid in Nov 2010
Status: Default and in arrears
Account owner: Barclaycard

http://forums.all-about-debt.co.uk/s...&postcount=314

8/5/13 Requested CCA again for ignoring creditors letters

Received DN instead of CCA from MKDP. Shall I ignore and file away please? bobox