Sub Prime Credit Thread Part III

sutton111

noah271007 wrote: »

Im sure Sutton would need all the help he can get! Did you sent off the long letter i emailed you ages ago?

Filing N1 form at court is last resort, absolutely! It will have to be based on DPA 1998 argument, no doubt about it for them to even consider removing the default.

Yes I sent that back on the 6th of March. I've heard nothing, absolutely nothing. :mad:

never-in-doubt

Innocent_Guy wrote: »

NID BOI appeal been with them for weeks any ideas? What the best number to call them on? Know anyone up there in U/W?

Mate leave it, it took me 9wks, trust me you hassle em and you get declined! Anyway, where my email?..... waited all day for that letter - LOL

never-in-doubt

sutton111 wrote: »

Yes I sent that back on the 6th of March. I've heard nothing, absolutely nothing. :mad:

Ok, so they have 12+ 2 to respond to usual letters so they are in breach, as a result they are in default so you now write a dispute letter and demand removal of all derogatory info - they will listen mate.... they have to! Maybe better if you email me and i'll do the letter for you!

Innocent_Guy

never-in-doubt wrote: »

Mate leave it, it took me 9wks, trust me you hassle em and you get declined! Anyway, where my email?..... waited all day for that letter - LOL

Sorry mate its been a busy day and all :rolleyes:
I'll dig it out tonight / morning if thats ok. I thought I sent it to ya before?

noah271007

never-in-doubt wrote: »

Mate N1 form here: http://www.hmcourts-service.gov.uk/courtfinder/forms/n1_0102.pdf

No NID, he needs help how to fill in and info of claim using breach of DPA 1998 Act claim that i have used against 02 when i issued court summons. It was a success as 02 removed default in the last minute.

So Sutton is looking among the lines to do the same and hopefully succeed where i did. You got CCA back from capital one? that would be difficult if they have supplied you with valid CCA. Cabot Financial? definitely!

Innocent_Guy

anyone going to apply for something tonight? I want to do an app

sutton111

noah271007 wrote: »

No NID, he needs help how to fill in and info of claim using breach of DPA 1998 Act claim that i have used against 02 when i issued court summons. It was a success as 02 removed default in the last minute.

So Sutton is looking among the lines to do the same and hopefully succeed where i did. You got CCA back from capital one? that would be difficult if they have supplied you with valid CCA. Cabot Financial? definitely!

I got the CCA from Capital One.

I'll post the letteri sent hold on.

sutton111

Innocent_Guy wrote: »

anyone going to apply for something tonight? I want to do an app

Try Halifax.

never-in-doubt

Innocent_Guy wrote: »

Sorry mate its been a busy day and all :rolleyes:
I'll dig it out tonight / morning if thats ok. I thought I sent it to ya before?

Ok mr Equifax... whenever it suits you - no rush!!!!

sutton111

Robinson, Way & Company Limited
London Scottish House
Quay Reach
Carolina Way
Salford
M50 2ZY



Reference Number

Dear Sir/Madam


You have failed to respond to my legal request to supply me a true copy of the original Consumer Credit Agreement for the above account.

On 03/03/2009 I made a formal request for a true signed agreement for the alleged account under consumer credit Act 1974 s77/8. A copy of which is enclosed for your perusal and ease of reference.
You have failed to comply with my request, and as such the account entered default on 20/03/2009.

The document that you are obliged to send me is a true copy of the executed agreement that contained all of the prescribed terms, all other required terms and statutory notices and was signed by both your company and myself as defined in section 61(1) of CCA 1974 and subsequent Statutory Instruments. If the executed agreement contained any reference to any other document, you are also obliged to send me a copy of that document. In addition a full statement of this account should have been sent to me detailing all debits and credits to the account.

Furthermore
You are aware that the Consumer Credit Act allows 12 working days for a request for a true copy of a credit agreement to be carried out before your client enters into a default situation.

This limit has expired

As you are no doubt aware section 77(6) states:

If the creditor fails to comply with Subsection (1)

(a) He is not entitled, while the default continues, to enforce the agreement.

Therefore this account has become unenforceable at law.

As you have failed to comply with a lawful request for a true, signed copy of the said agreement and other relevant documents mentioned in it, you failed to send a full statement of the account and failed to provide any of the documentation requested.

Consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS.

Furthermore I shall counterclaim that any such action constitutes unlawful harassment.

Please note you may also consider this letter as a statutory notice under section 10 of the Data Protection Act to cease processing any data in relation to this account with immediate effect.

This means you must remove all information regarding this account from your own internal records and from my records with any credit reference agencies.

Should you refuse to comply, you must within 21 days provide me with a detailed breakdown of your reasoning behind continuing to process my data.

It is not sufficient to simply state that you have a ‘legal right’; you must outline your reasoning in this matter and state upon which legislation this reasoning depends.

Should you not respond within 14 days from the date of this letter I expect that this means you agree to remove all such data.

Furthermore you should be aware that a creditor is not permitted to take ANY action against an account whilst it remains in dispute.

The lack of a credit agreement is a very clear dispute and as such the following applies.


* You may not register any information in respect of the account with any credit reference agency if you have registered a default this must be removed immediately.

* You may not demand any payment on the account, nor am I obliged to offer any payment to you.

* You may not add further interest or any charges to the account.

* You may not pass the account to a third party.

* You may not issue a default notice related to the account.


I reserve the right to report your actions to any such regulatory authorities as I see fit. You have 14 days from receiving this letter to contact me with your intentions to resolve this matter which is now a formal complaint. I therefore request a copy of your official complaints procedure which you are obliged to supply.

I would appreciate your due diligence in this matter.

I look forward to hearing from you in writing.

Yours faithfully,