Unenforceability & Template Letters II

10past6

never-in-doubt wrote: »

I thought (hoped) you'd pick up on that point mate

I'm thinking more along the lines of rescission of contract which in turn would make the CCJ unlawful, we just need confirmation how Cohen became involved

never-in-doubt

10past6 wrote: »

I'm thinking more along the lines of rescission of contract which in turn would make the CCJ unlawful, we just need confirmation how Cohen became involved

Ooooohhhh yea....... i'd never have even thought of that - very sneaky

Afroking

10past6 wrote: »

How did Cohen become involved in this debt? in other words, what prompted you to start paying them back in 2008?

I think Howard Cohen are the solicitors on behalf of CL Finance. When I spoke to the Northampton court they stated that it was regarding an HSBC CC, CL Finance however appear to have taken over the debt from HSBC. The application was lodged by Howard Cohen and Co. The court gave me HCC contact details. My Equifax CR shows CL Finance as the owner of the debt and no HSBC. So I'm do't really know how HCC got involved. The threat from the call was enough to scare me so I just stated that I could only afford between £10 and £20 per month. Since the 2008 call from HCC I have never received anything in writing from them apart from the call I made to them last week.

ejc81

never-in-doubt wrote: »

Hiya

Ok, now you've explained it you should be able to get it removed. I'd first off send the DCA (1st credit) a strong letter advising what you've just told us above - demanding removal of default - also enclose another copy of proof of payment/settlement letter.

Only problem now is I may have disposed of the paperwork *searching now* and I never actually had anything from Capquest to say I had settled, just the letter offering a settlement. Hopefully all this stuff is somewhere on my pc so off to hunt for it now.

If you want to give me specifics (such as dates and exact amounts and default date etc) I will do you a letter later tonight or tomorrow night when I have more time?

Just let me know......

Cheers mate you are a total star :T

never-in-doubt

ejc81 wrote: »

Only problem now is I may have disposed of the paperwork *searching now* and I never actually had anything from Capquest to say I had settled, just the letter offering a settlement. Hopefully all this stuff is somewhere on my pc so off to hunt for it now.

Afterthought - we could always SAR CapQuest to get a copy of the letter they sent you, so don't worry if you've binned it.

Just let me know what you want to do and whether you can find anything, if you can then we'll start on 1st Credit - otherwise it means SARing CapQuest and waiting a few weeks til they respond.

never-in-doubt

10past6 wrote: »

I'm thinking more along the lines of rescission of contract which in turn would make the CCJ unlawful, we just need confirmation how Cohen became involved

Just thinking aloud mate, wouldn't Long v Lloyd {1958}(1 WLR 753) come into play, i.e. a judge could (if they wanted) decline Recission based on, for example it not being 'good cause'?

Sorry, don't mean to confuse matters - just had a lightbulb moment (arghhh, dangerous!) :eek:

10past6

Afroking wrote: »

I think Howard Cohen are the solicitors on behalf of CL Finance.

They have a lot of history and are well known within the debt / litigation system, we'll say no more on that at this stage, judge for yourself

OK, we need a paper trail here to find out who has been involved and at what stage, once you obtain the correspondence back, only then can we know what action to take, if it means asking for the CCJ to be set aside, we need the correct reasons, which is why an SAR is required.

You can use the following to request your SAR:

Data Protection Act 1998 Subject Access Request


Dear Sir/Madam

Account number: xxxxxxxx

Please send me the information which I am entitled to under section 7(1) of the Data Protection Act 1998 in relation to detailed occurrences relating to the account Numbers xxxxxxxx and xxxxxxxx-x

The following is by no means an exhaustive list but in the main this is what I require.

Please supply me with a complete list of transactions and charges relating to ALL accounting history with your organisation.

Additionally, all records you hold on me relevant to the above accounts, including but not limited to:

1. A transcript of all transactions, including charges, fees, interest, repayments and payments and both the original amount of the loan and any repayments made to the account.

2. Transcriptions of all telephone conversations recorded and any notes made in relation to telephone conversations by your company

3. Where there has been any event in my account history over this period which has required manual intervention by any person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to my account. If you are unable to supply this data because there has been no such manual intervention, then please be so kind as to confirm this in your response

4. True copies of any notice of assignment and/or default notice or enforcement notices that you may have sent to me, with a copy of any proof of postage that you hold.

5. Documents relating to any insurance added to the account, including the insurance contract and terms and conditions, date it was added and deleted.

6. Details of any collection charge added to the account; specifically, the date it was levied, the amount of the charge, a detailed financial breakdown of how the charge was calculated, and what the charge covers.

7. Specific details of the fees/charges levied by any other agency in respect of these accounts and a detailed breakdown of said fees/charges and what each charge relates to and on what date said fees/charges were levied.

8. A genuine copy of any deed of assignment, or proof that you have a legal right to this money.

9. A genuine copy of any notice of fair use of my data as required by the Data Protection Act 1998

10. A list of third party agencies to whom you have disclosed my personal data and a summary of the nature of the information you have disclosed.

11. A copy of all account statements for the duration of the agreement.

12. Please would you also advise me of the logic involved in any automated decisions taken by you about me pursuant to section 7(1) (d) of the Data Protection Act 1998.

13. A True copy of the consumer credit agreement section 77-79 of the Consumer Credit Act of 1974.

Any other information relating to the account.

I enclose the statutory maximum fee of £10. You have 40 days in which to comply. Furthermore, if I discover that you have levied disproportionate penalties against me, I shall be reclaiming them, and reclaiming the enclosed £10 Data Protection Act subject access request fee.

10past6

never-in-doubt wrote: »

Sorry, don't mean to confuse matters - just had a lightbulb moment (arghhh, dangerous!) :eek:

That's OK but a paper trail would be more advantageous, that way the court must rule in his favour if anyone has steped outside the required procedure

Afroking

Thank you very much 10past6 and never-in-doubt. I'll be back once I've got the advise.

never-in-doubt

never-in-doubt wrote: »

Ok, well hold fire for 10past6 and see what he says but he will tell you to SAR Howard Cohen, that's what i'd do! lol.

10past6 wrote: »

which is why an SAR is required.

Hahaha - I knew it :rotfl: :rotfl: :rotfl: