Sub Prime Credit Thread Part III

Innocent_Guy

sutton111 wrote: »

Try Halifax.

Dont want / need it...... Wanted to do GE but they are too strict

never-in-doubt

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!

Noah, thanks mate..... I think (if memory serves me right) that he's been paying these too - if so then N1 wouldn't matter cos you wouldn't take them to court if you;re meeting their obligations....

N1 completion notes can be found here: http://www.justclaim.co.uk/index.php?page=cp4_0

Innocent_Guy

never-in-doubt wrote: »

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

Its a hard life....... So you say DONT call BOI - I had no follow up enquiry

sutton111

Innocent_Guy wrote: »

Dont want / need it...... Wanted to do GE but they are too strict

I would like a House of Fraser card.

They are run by GE Capital.

Innocent_Guy

sutton111 wrote: »

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,

Did you send it recorded?

never-in-doubt

Sutton mate - if a bank fails to comply with CCA then it doesn;t become unenforceable it means that you must place account in dispute...... please dont get confused as to legalities.

Innocent_Guy

sutton111 wrote: »

I would like a House of Fraser card.

They are run by GE Capital.

I want Debenhams / Burtons

sutton111

Innocent_Guy wrote: »

Did you send it recorded?

Yes I did.

never-in-doubt

Innocent_Guy wrote: »

Did you send it recorded?

I hope he hasn't sent it period - its not right arghhhhh

never-in-doubt

sutton111 wrote: »

Yes I did.

ooops :eek: