stuffthebanks' UE diary

[stuffthebanks]

Re: Stuff the banks ue diary

You are - of course - most welcome. However, I'd be more inclined to take their confession to Trading Standards in the hope that the buggers could be prosecuted.

Well that is most certainly my next route Cloggy...
Got home from work today,and they have rang another 2 times today..on a different number.....
I have a long standing email complaint history with Very, as well as sending by post....
I emailed last night the letter i sent out today....
They have no excuses whatsoever......time to go for the throat methinks.....
Just got to put all the history together and will submit to trading standards.....

[stuffthebanks]

Re: Stuff the banks ue diary

Very catalogue

Started : July 2004...Account started back in 2001 as Argos,then changed to Argos Additions,Then Additions and finally to Very...
Original account as Argos back in 2001
Balance:£1804
Last payment:November 2012 £30.00
Now paying:Nothing

Status:No CCA PRODUCED..Account in default

Financial difficulties meant the £120 per month could no longer be met..so....I will try to be as precise as possible..

30/8/11..Arrears collection dept..Account is in arrears.
5/9/11...Letter sent to Very asking for help in reduced payments.
Income and expenditure also sent.
12/9/11..Letter sent to Very..Telephone harassment letter sent.
13/9/11...Letter from Very...Unable to accept my proposals..
16/9/11...Letter from arrears collection dept.
22/9/11..Letter sent to Very..telling them they are being unreasonable.
26/9/11..Letter from arrears collection dept.
28/9/11..Letter from Very...Unable to accept payment proposals
7/10/11..Letter from Very...unable to accept proposals..
7/10/11..Take me to court template letter sent to Very.
10/10/11..Letter to Very...Telephone harassment template sent to Very.
13/10/11...Letter from Very..Acknowledgement of complaint from Very.
18/10/11...Letter sent to Very...Another complaint regarding phone calls and the ignorance in response to our financial situation.
20/10/11...Letter from Very...regarding my recent letter..its all down to the auto dialler...and we need to ring to arrange payment plan...
We did ring..and they would not accept payment offer,and that we could only set up plan through someone that manages a DMP....
10/11/11..CCA and SAR request sent to Very..
24/11/11...Letter from Very...They have agreed a payment plan of £30.00 per month,and interest frozen for 12 months.
5/12/11....CCA default letter sent to Very..
22/12/11...SAR received from Very...
14/1/11..Usual monthly statement received from Very...no charges showing...
4/1/12...Acknowledgement of my putting account into default because of no CCA..
1/2/12...Letter from Very...Further to the letter sent on 4th Jan..investigation continuing and final response by 28th Feb..
17/2/12..Normal statement received....no charges added...but acknowledge a failed payment from January...
21/2/12...Response from very re CCA request.....i have copied it onto the end of this.....i share this with you all to give Niddy a rest.......i dont think its quite what i need to make the debt enforceable....
22/2/12....Niddy...confirms UE...
7/3/12...Letter received.....Under the heading..Re: Request to cancel your credit agreement.
It says they have provided me with a copy of the current credit agreement...a copy of which i put on page 3 0f this thread.
They say it sets out the contractual arrangement that is in place at this time,and includes all applicable contractual variants and amendments that have taken place since the account was opened.
It is clear by ordering and purchasing goods from us,you acknowledge that there is an existing relationship in place.
In the event that you did not believe that there was such a relationship it is unlikely you would have bought and continued to buy goods from us.
The latest case law in relation to the enforceability of credit agreements has made clear that unenforceability does not mean that the rights of the parties under a credit agreement were never acquired or are extinguished.
Failure to make payments will affect my credit rating,blah,blah,blah...

16/3/12....Statement recieved with £12.00 late payment fee added...
Letter received from arrears collection dept...the usual contact us to arrange payment blah,blah,blah..
Ignore???
20/3/12....After receiving 10 phone calls in the past 2 days i am sending the threat of legal action telephone template...along with a copy of my original harassment telephone template sent to them on 11/10/11..see how that sticks.....

29/3/12....Letter received from Very...Thank you for your letter regarding the number of calls you have received,please accept our apologies that you have found it necessary to complain.
All complaints are taken seriously,and we will contact you after a full investigation..... What a pile of horse dung!!

Had a response from both Trading standards today as well as consumer direct....basically acknowledging my complaint,and confirming traders legal obligation regarding harassment...someone will contact me over the next few days if they require any further information.

[CleverClogs (RIP)]

Re: Stuff the banks ue diary

Very stupid catalogue

7/3/12...Letter received.....Under the heading..Re: Request to cancel your credit agreement.
It says they have provided me with a copy of the current credit agreement...a copy of which i put on page 3 0f this thread.
They say it sets out the contractual arrangement that is in place at this time,and includes all applicable contractual variants and amendments that have taken place since the account was opened.
It is clear by ordering and purchasing goods from us,you acknowledge that there is an existing relationship in place.
In the event that you did not believe that there was such a relationship it is unlikely you would have bought and continued to buy goods from us.
The latest case law in relation to the enforceability of credit agreements has made clear that unenforceability does not mean that the rights of the parties under a credit agreement were never acquired or are extinguished.
Failure to make payments will affect my credit rating,blah,blah,blah...

They are perfectly correct - section 78(6) of the Consumer Credit Act 1974 - link - does not extinguish the rights of a creditor who has failed to comply with a request made pursuant to s78(1), but it does make the agreement incapable of being enforced until the creditor does comply with the request. If the creditor faffs around for the whole of the limitation period (5 years Scotland, 6 years England, Wales and Ulster) then the alleged debt will become Statute Barred, whereupon the alleged debtor may, with relative impunity, tell the creditor to perch and pivot.

[stuffthebanks]

Re: Stuff the banks ue diary

As always Cloggy,i thank you for your input.... thoroughly enjoy your feedback.....always manage to hit the mark,with just that added touch of humour....priceless.....

[stuffthebanks]

Re: Stuff the banks ue diary

HFC
Flexible loan.
Started: 2003
Defaulted:2011
Balance:£800
Last payment:July 2011
Now paying:Nothing

31/1/12...CCA request sent to HFC.
27/2/12...Account in default letter sent to HFC, as no CCA has been received.
7/3/12.....letter received from HFc advising account in arrears..no mention of my previous letters sent....

I think i may re send the account in default letter,i never recorded the one sent out on 27/2/12,but i did record the CCA request along with £1.00 postal order on 31/1/12....i reckon 2nd class recorded should do it...

14/3/12....Letter received from HFC....They are concerned we have not reached an arrangement for the repayments.
Considering the appropriate course of action..DCA,solicitors etc,etc...
They may consider temporarily suspending payments,or accept reduced payments.

Advice welcome...my thoughts are that i should send a reply reminding them of the failure to respond to my CCA request...

21/3/12....Letter received today from HFC.....FINAL DEMAND...After numerous attempts to resolve account its now being passed onto their litigation dept.
I guess because i am still waiting for my CCA, FOR WHICH THEY ARE IN DEFAULT..i would assume that i ignore this threat letter....or do i????

22/3/12...Letter received today from HFC....please be advised your account is now in arrears blah,blah,blah,Account is now being handled by the recoveries section.
We urge you to respond to this letter...
Ignore...still waiting for the CCA....

31/3/12...After sending back copies of the £1.00 postal order and proof of postage i sent out on 31/1/12...i received a letter back today from HFC....They confirm receipt of my letter dated 15/3/12 requesting ......Subject Access Request....??????????
They do as previously advised need a signature,it can be either a copy of passport or driving license.....
Once they receive that they will respond within the guidelines of 40 days....

Now... dilemma....do i ignore....they are after all so stupid i dont think anything i respond with will register.......
Or do i send them a bugger off and dont contact me again until you send the correct documents i requested back in January?????

[stuffthebanks]

Re: Stuff the banks ue diary

Updates on Mint......Still no response after sending Cloggy's excellent letter....
Argos.....no contact.....
Very.....no contact other than the ongoing telephone complaint.

All nice and quite......

[stuffthebanks]

Re: Stuff the banks ue diary

Mint c/c
Started.2003
Balance.£3500
Status.Default.2007
Last payment.February 2012.
Now paying.Nothing.

29/1/12...CCA request sent to mint...
8/3/12...Mint returned £1.00 postal order along with letter reusing to hand over the CCA until i send signature....
9/3/12....Template letter sent to Mint - link - for creditor refusing to accept without signature,along with the £1.00 postal order.

24/3/12...2 letters received today from Mint...
1st letter...We are disappointed that you have failed to comply with our agreement.Immediate payment or will go to external DCA....
2nd Letter....Its another refusal to accept my CCA request without me submitting my signature....no postal order sent back though.....
Any advice will be most welcome!
25/3/12....Cloggy's letter sent.


2/3/12....Letter received from Mint...dated 28/3/12....Same as before....no CCA just a form requesting signature,and the postal order returned this time......
Now i sure as hell wont be signing anything...i have tried how many times to get what i am entitled to by law,and without the need of a signature....Now maybe the letter i sent on the 25/3/12 may have crossed in the post....but i still have the problem of now being in receipt of the postal order.....
I think i should be sending it back again...but with another copy of Cloggy's letter....or one of the more formal templates???
I just want to know how i stand legally at the moment should they want to sell debt,or start to make threats......
Any advice will be most welcome as always...

[CleverClogs (RIP)]

Re: Stuff the banks ue diary

Just thank them for the return of the PO and their decision not to comply with a request made under s78(1) of the Consumer Credit Act 1974, which decision has (by s.78(6) of the Act) made the agreement unenforceable until such time as they cease to play at Silly Buggers.

Also tell them that, by making the agreement unenforceable, they have made the alleged debt worthless to anyone who might subsequently buy it and that they should take care to inform any assignee about this.

Or you could appear to capitulate and, using a different handwriting font and blue ink, appear to "sign" the request.

[stuffthebanks]

Re: Stuff the banks ue diary

Just thank them for the return of the PO and their decision not to comply with a request made under s78(1) of the Consumer Credit Act 1974, which decision has (by s.78(6) of the Act) made the agreement unenforceable until such time as they cease to play at Silly Buggers.

Also tell them that, by making the agreement unenforceable, they have made the alleged debt worthless to anyone who might subsequently buy it and that they should take care to inform any assignee about this.

Or you could appear to capitulate and, using a different handwriting font and blue ink, appear to "sign" the request.

Cloggy,
Me....capitulate....give in ........throw the towel in.....
You dont know me at all...
No...i think the first part of your response was much more up my street........
I will compose a carefully crafted letter advising them i can play the game so much better now.....all thanks to you guys on here...

[stuffthebanks]

Re: Stuff the banks ue diary

Mint have been doing the same with everyone here!

Niddy's recommended response to a similar situation here ---> allaboutFORUMS - View Single Post - Flossy UE Diary YB Hassle was to send this ---> Our Templates | Unenforceability Templates | Signature Request - Formal Response

Thanks Flower,
Yes i sent that response on March 8th.
I have sent a response that Cloggy put together as well since then.
I will send them another response along with the postal order.
I can play the game for as long as they want....
Bottom line....if they dont send what i ask for, they have no chance of ever getting any more money, enforceable or not....

[stuffthebanks]

Re: Stuff the banks ue diary

Mint credit card ....no signature...
I have decided to turn it up a notch this time.....a short letter will be sent tomorrow morning letting them know that this will be the final attempt at obtaining without a signature....my next course of action will be to report them to the oft,trading standards and the FOS.......
If anyone has any thoughts on why i should not go that route, i would appreciate your thoughts.

[CleverClogs (RIP)]

Re: Stuff the banks ue diary

Mint have been doing the same with everyone here!

Why?

Niddy's recommended response to a similar situation here ---> allaboutFORUMS - View Single Post - Flossy UE Diary YB Hassle was to send this ---> Our Templates | Unenforceability Templates | Signature Request - Formal Response

It's not bad and I do like the bit at the end that seems to cast doubt on whether one is the person they should be chasing, but there seems to be a little misstatement of the law:

As a result of you failing to acknowledge my lawful request, this account is now deemed unenforceable, in line with s.127(3) and s.65(1) (CCA1974), and will remain so until such time you respond to me, with the information originally requested.

Those sections refer to the execution of agreements rather than the creditor's failure to provide a twue copy of the executed agreement and other documents, as required by s.77(1) for fixed sum credit or s.78(1) for running account credit.

The section that does deal with failure to comply is s77(4) or s78(6) respectively, either of which states that for as long as the default by the creditor continues, the agreement cannot be enforced.

[CleverClogs (RIP)]

Re: Stuff the banks ue diary

Cloggy,
Me....capitulate....give in ........throw the towel in.....
You dont know me at all...
No...i think the first part of your response was much more up my street........
I will compose a carefully crafted letter advising them i can play the game so much better now.....all thanks to you guys on here...

No, I just suggested you might wish to give the appearance of having capitulated, as a means to let them to dig themselves into a hole.

If they copy and paste a "signature" using a handwriting font onto a blank agreement, it should be fairly easy to shew what they had done.

Likewise, if they use a signature of Mickey Mouse or Mr Futue Teipse (the Latin for 'fuck thyself') they may have some difficulty explaining to a court why they accepted such a form.

[stuffthebanks]

Re: Stuff the banks ue diary

No, I just suggested you might wish to give the appearance of having capitulated, as a means to let them to dig themselves into a hole.

If they copy and paste a "signature" using a handwriting font onto a blank agreement, it should be fairly easy to shew what they had done.

Likewise, if they use a signature of Mickey Mouse or Mr Futue Teipse (the Latin for 'fuck thyself') they may have some difficulty explaining to a court why they accepted such a form.

You never let me down Cloggy, i just choked on my coffee reading that last post...

[stuffthebanks]

Re: Stuff the banks ue diary

Mint c/c
Started.2003
Balance.£3500
Status.Default.2007
Last payment.February 2012.
Now paying.Nothing.

29/1/12...CCA request sent to mint...
8/3/12...Mint returned £1.00 postal order along with letter reusing to hand over the CCA until i send signature....
9/3/12....Template letter sent to Mint - link - for creditor refusing to accept without signature,along with the £1.00 postal order.

24/3/12...2 letters received today from Mint...
1st letter...We are disappointed that you have failed to comply with our agreement.Immediate payment or will go to external DCA....
2nd Letter....Its another refusal to accept my CCA request without me submitting my signature....no postal order sent back though.....
Any advice will be most welcome!
25/3/12....Cloggy's letter sent.


2/3/12....Letter received from Mint...dated 28/3/12....Same as before....no CCA just a form requesting signature,and the postal order returned this time......
Now i sure as hell wont be signing anything...i have tried how many times to get what i am entitled to by law,and without the need of a signature....Now maybe the letter i sent on the 25/3/12 may have crossed in the post....but i still have the problem of now being in receipt of the postal order.....
I think i should be sending it back again...but with another copy of Cloggy's letter....or one of the more formal templates???
I just want to know how i stand legally at the moment should they want to sell debt,or start to make threats......
Any advice will be most welcome as always...

3/4/12....Letter sent to mint informing them that if they do not send the documents this time i will pass on to the OFT....
Just for good measure,yet another CCA template request sent along with the £1.00 postal order they keep sending back..