Sub Prime Credit Thread Part III

sutton111

never-in-doubt wrote: »

LOL I didnt mean to doubt Noah - he knows his stuff agreed......

Dont post (i.e. royal mail) anything else, i'll get you a legal letter to send - will post it tomorrow for you.

Christ I sent this as well. I sent it last friday as they never responsed. :eek::o:mad:

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

Dear Sir/Madam
Reference No

I wrote to you on the 03/03/08 (letter 1) and the 24/03/08 (letter 2) asking for some relevant information. I enclose copies of the two letters which were both sent via recorded delivery.
You wrote back to me on the 06/04/2009 without answering all of the questions put to you in the original letter.
As 28 days has now passed from the date of the 2nd letter you are now in breach of your duties under Section 78 of the Consumer Credit Act. If you do not answer my original questions and reply within 7 days I will have no choice but to escalate the matter to the relevant authorities including the Banking Ombudsman, Office of Fair Trading and the Information Commissioner's Office.
Yours faithfully

never-in-doubt

sutton111 wrote: »

Well that's the letter I have sent. This is the 1st one.

Robinson, Way & Company Limited
London Scottish House
Quay Reach
Carolina Way
Salford
M50 2ZY
Date:
Dear Sir or Madam
Reference Number: -

After recently obtaining a copy of my credit files from Experian and Equifax, I was concerned to note that your company has placed a "Default" notice against my name.
Further to this neither I no recollection of ever receiving such a notice, and I therefore require you to substantiate this data at your earliest convenience.
1. You must supply me with a true copy of the alleged agreement you refer to. This is my right under your obligation to supply a copy of the agreement under the legislation contained within s.78 (1) Consumer Credit Act 1974 (s.77 (1) for fixed sum credit). Your obligation also extends to providing a statement of account. I enclose a £1 postal order in payment of the statutory fee.
2. You must supply me with a signed true and certified copy of the original default notice
3. Any deed of assignment if the debt was sold on
I would request that this data is provided to me within the next 28 days, if you are unable to provide this data then I must insist that it is removed from my files as unsubstantiated.
Yours faithfully

Have they;

a) cashed cheque
b) sent your CCA/Default Notice

Have you:

a) recently moved addresses
b) sent them an account in dispute notice?

never-in-doubt

sutton111 wrote: »

Christ I sent this as well. I sent it last friday as they never responsed. :eek::o:mad:

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

Dear Sir/Madam
Reference No

I wrote to you on the 03/03/08 (letter 1) and the 24/03/08 (letter 2) asking for some relevant information. I enclose copies of the two letters which were both sent via recorded delivery.
You wrote back to me on the 06/04/2009 without answering all of the questions put to you in the original letter.
As 28 days has now passed from the date of the 2nd letter you are now in breach of your duties under Section 78 of the Consumer Credit Act. If you do not answer my original questions and reply within 7 days I will have no choice but to escalate the matter to the relevant authorities including the Banking Ombudsman, Office of Fair Trading and the Information Commissioner's Office.
Yours faithfully

Mate they get 12 days to respond, not 28! A CCA request must be made within 12 (+2). Also only relevant facts are ICO - the BO & OFT cannot get involved....

noah271007

NID, the letter posted 1187 is correct to start off the process! The second letter Sutton posted (can't access my email account at the moment!) seems not the one i had in mind. It is a letter questioning the validity of the default statue and law part. It is much longer bit. Have you got the statutory s.10 notice with the letter?

never-in-doubt

Sutton, can you post a copy of what they wrote back to you in response to the original CCA request......

sutton111

never-in-doubt wrote: »

Have they;

a) cashed cheque
b) sent your CCA/Default Notice

Have you:

a) recently moved addresses
b) sent them an account in dispute notice?

A) Unsure it was a postal Order. Cabot don't accept payment, Robinson Way kept the postal order.

Robinson have sent me a CCA no default notice. Cabot haven't sent anything.

Have you:

A) No, well not within the last 11 months.
No I haven't

never-in-doubt

noah271007 wrote: »

NID, the letter posted 1187 is correct to start off the process! The second letter Sutton posted (can't access my email account at the moment!) seems not the one i had in mind. It is a letter questioning the validity of the default statue and law part. It is much longer bit. Have you got the statutory s.10 notice with the letter?

I agree it is the correct way to start the process but it mentions striking off and unenforceability but unenforceability doesn't come into things, the account immediately goes into dispute (s.10 letter) if they fail to respond within 10 +2....

sutton111

never-in-doubt wrote: »

Sutton, can you post a copy of what they wrote back to you in response to the original CCA request......

I'll scan it tomorrow. Cabot just told me they are looking for the information. That was 6 weeks ago.

sutton111

never-in-doubt wrote: »

Mate they get 12 days to respond, not 28! A CCA request must be made within 12 (+2). Also only relevant facts are ICO - the BO & OFT cannot get involved....

That last letter had nothing to do with Noah, I found that on another website.

noah271007

Looks like NID knows his stuff more than I do, lets start a new thread on this?