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Unenforceability & Template Letters III

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  • debt_obsessed
    debt_obsessed Posts: 100 Forumite
    never-in-doubt wrote: »
    Did you read the letter, prior to posting it?



    That means, the 14 days are still counting from the original s.78 request... :D


    Thank you for responding so fast - I did read the letter, but was just unsure and wanted to check :)
    I've been very successful following your process and didn't want to fudge it up on this one :D
    :beer:
  • never-in-doubt
    never-in-doubt Posts: 20,613 Forumite
    edited 29 March 2010 at 11:12AM
    libbyjade wrote: »
    I just need reassurance that I've done the right things so far regarding my American Express or a Niddy rant if I haven't!! :eek:

    I do not rant at you mate - lol, well not since the last time :(:(

    Ok, can you send this to RMA with a copy of your Final response letter as well:
    Dear RMA,

    Account No: XXXXXXXX

    I refer to previous correspondence regarding the above numbered account, and your lack of diligence in dealing with my formal requests.

    This is now my last warning to you, I really hope you do try and take action against me, or even better, request Amex seek legal advice (as you quote in your last letter to me). Let me tell you now, if Amex dare take any legal action against me then not only will I have them in court faster than their feet can touch the floor but i'll make it my personal mission to have your consumer credit licence removed.

    I have sent you several letters to date - telling you this alleged account is unenforceable and until you can provide me an original photocopy of the alleged signed agreement, you can go and run and jump. I dispute the legality of the debt and until such time I see an original photocopy of the agreement I am in no position to make any offer of payment.

    As you are no doubt aware, your continual harassment not only breaches the Consumer Credit Act (1974), but also the Data Protection Act (1998), the Consumer Protection From Unfair Trading Regulations (2008) and the Office Of Fair Trading's Debt Collection Guidelines. Being that the Original Creditor is now in default of my CCA Request and OFT Debt Collection Guidelines, I consider this account to be in serious dispute, especially due to the fact that whilst my CCA Request remains in default (outstanding), enforcement action is not permitted in line with s.127(3) of the CCA1974.

    Consequently, any legal action you, or Amex decide pursue will not only be fully and vigorously defended, it will also be averred as both unlawful and vexatious. If you decide to ignore my dispute and attempt enforcement, or encourage Amex to enforce an unenforceable account, I will initiate legal action and file reports with the appropriate authorities including, but not limited to, Trading Standards, Office of Fair Trading, Information Commissioners Office, Financial Ombudsman Service and possible court action.

    I await your prompt response.

    Yours faithfully



    Sign digitally
    :o 2010 - year of the troll :o

    Niddy - Over & Out :wave:
  • libbyjade
    libbyjade Posts: 180 Forumite
    never-in-doubt wrote: »
    I do not rant at you mate - lol, well not since the last time :(:(

    Ok, can you send this to RMA with a copy of your Final response letter as well:

    Haha - I know mate, but I was reminding you to be nice just incase I had ballsed up. lol :D:D

    Another quality letter that I'm already looking forward to sending! I can send it today as well, if you know what I mean ;) Not giving you any more easy clues :rotfl:
  • cardcutter
    cardcutter Posts: 8 Forumite
    Hi NID. Good to be back? :)
    Just wondered if you had chance to pursue the bits and pieces in post #1090?
    Many thanks in advance.
  • never-in-doubt
    never-in-doubt Posts: 20,613 Forumite
    libbyjade wrote: »
    You can't leave me in suspense like that, PM on its way!! :D
    Either you've just had a mad weekend involving a lady called stella or you're bluffing and it involved you singing for 2 days solid at your local church choir for charity :rotfl:

    gonna look at them links no mate - cheers

    I've PM'd you mate - but nothing secret, lol..... I was a naughty naughty Niddy and need spanked (again, already? So soon - hehe) :rotfl: :rotfl:

    Those links were just to show you what scum you're dealing with - but send the letter above off, that will sort it out. :D
    :o 2010 - year of the troll :o

    Niddy - Over & Out :wave:
  • never-in-doubt
    never-in-doubt Posts: 20,613 Forumite
    libbyjade wrote: »
    Haha - I know mate, but I was reminding you to be nice just incase I had ballsed up. lol :D:D

    Another quality letter that I'm already looking forward to sending! I can send it today as well, if you know what I mean ;) Not giving you any more easy clues :rotfl:

    Oh mate sorry about that haha - I know I ranted before but that was only cos it was "that time of the month" (women say it, i'm now saying it lol)...... :p

    Its just a basic push to remind them you welcome legal action, bring it on - lets see how they react to getting told off for wasting court time... :D

    I understand, you need no clues mate... when you back then? Roughly...?
    :o 2010 - year of the troll :o

    Niddy - Over & Out :wave:
  • libbyjade
    libbyjade Posts: 180 Forumite
    never-in-doubt wrote: »
    I understand, you need no clues mate... when you back then? Roughly...?

    Back now mate, working hard as ever! :D
  • never-in-doubt
    never-in-doubt Posts: 20,613 Forumite
    libbyjade wrote: »
    Back now mate, working hard as ever! :D

    Are you involved in one or both the current "actions"? :p:p
    :o 2010 - year of the troll :o

    Niddy - Over & Out :wave:
  • never-in-doubt
    never-in-doubt Posts: 20,613 Forumite
    cardcutter wrote: »
    Anyway I have fired off the CCA query to CAP 1. What degree of success does this request especially with regard to the last couple of sentences?

    Crappy one are a nightmare - you cannot accurately guess anything, lets see what happens then we'll sort it yea?
    cardcutter wrote: »
    If I may prevail on your good nature just once more, could you cast your eyes over this from Black Horse. Trying to get this out of them took weeks. I have a feeling though it may be legit.

    You're right it is mate - the first page has the required PT's so not much you can do with that i'm afraid..... :o:o

    Sorry - I did miss it last week. Thanks for reminding me... although you'll wish you never now lol.... sorry mate.

    This is enforceable = offer of repayment time now.
    :o 2010 - year of the troll :o

    Niddy - Over & Out :wave:
  • libbyjade
    libbyjade Posts: 180 Forumite
    never-in-doubt wrote: »
    Are you involved in one or both the current "actions"? :p:p

    As a company we are involved in both "actions", as an individual, I am in involved in another action. (or am I getting lost with this crypticness now lol)
This discussion has been closed.
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