Unenforceability & Template Letters II

yenool

Apologies if this has already been answered; but what does 'sign digitally' mean, is there some special software tool for doing this?

I am about to send a CCA request to Bryan carter & co solicitors who are demanding money (or they are issue proceedings next week) on an account re: lowell finance, which although I believe the debt could be mine the amounts don't match up and nor do I have any paperwork.... if my memory is right the orignal debt may have been capital one then sold to lowells.

I assume I send the CCA to Bryan cater and not Lowell, or do I send a copy to both?

DGJsaver

yenool wrote: »

Apologies if this has already been answered; but what does 'sign digitally' mean, is there some special software tool for doing this?

I am about to send a CCA request to Bryan carter & co solicitors who are demanding money (or they are issue proceedings next week) on an account re: lowell finance, which although I believe the debt could be mine the amounts don't match up and nor do I have any paperwork.... if my memory is right the orignal debt may have been capital one then sold to lowells.

I assume I send the CCA to Bryan cater and not Lowell, or do I send a copy to both?

Just means print your name , ie Type it using the keyboard and you send the CCA to Bryan Carter who must then ask the OC (original creditor) if they do not have it themselves

yenool

DGJsaver wrote: »

Just means print your name , ie Type it using the keyboard and you send the CCA to Bryan Carter who must then ask the OC (original creditor) if they do not have it themselves

Thank you!

never-in-doubt

Numpty_Monkey wrote: »

Hiya Niddy
a quickie update if you remember the original stufff:think::whistle:(it was in PM's) the dodgy DOB thing illedgable CCA...blah blah

The DCA have written , letting me know they are still investigating:huh::cool:
ain't that nice of them:rotfl:

I remember mate - I bl00dy hope they are investigating lol - its a shambles and they need to write back saying 'sorry Mr Numpty, we'll cancel the account in its entirety' :rotfl::rotfl:

never-in-doubt

DGJsaver wrote: »

What letter follows from "CCA Dispute - Copy Document Supplied " if we assume the creditor ignores it completley and just resumes threats/letters from in house collectors etc...? i know niddy , i know , im just curious !!!

Letter 4. CCA Dispute. This formally tells them you're not going to do anything until they comply with s.78.

never-in-doubt

monlou wrote: »

HI NID

I got in the post today a statment from Freemans saying that the balnce is now £0. Whereas January's statement said i owed them £1843.73. Do you think that means they couldnt find the CCA?? I still havent actully received a CCA in the post as yet.

Thanks

monlou

Just sit tight and await a response - you should have it wiped because they are nightmares at sending agreements..... just wait and see, give it a week or two then we'll chase them.

DGJsaver

never-in-doubt wrote: »

Letter 4. CCA Dispute. This formally tells them you're not going to do anything until they comply with s.78.

And only send that niddy once we start receiving grief from the OC or whoever they sell it on to....?

never-in-doubt

yenool wrote: »

Thank you!

Send the following, just copy/paste it onto word or something:

Have a read here as well, but do not go to the links that promote unenforceability, stay here for FREE advice. Just read what they say about the two variants of Bryan Carter (there are 2 companies with similar names)..... did you know that ? I never lol

http://www.bryan-carter.dpcregistry.co.uk/

Dear Sirs,

Account No: XXXXXXXX

I hereby formally request a copy of my Consumer Credit Agreement, pursuant to s.77-79 of the Consumer Credit Act 1974 (CCA1974).

I require you to provide me with a true copy of the credit agreement relating to any account you deem to be mine, together with any other documentation the Act requires you to provide. I expect you to comply fully and properly with this request, within the statutory time limit (12 + 2 days). You are reminded that should you fail to comply with my request; the provisions of s.77 will apply.

If it is your view that you are not the creditor, s.175 of the CCA1974 applies in the case of a simple assignment, and places a duty upon you to pass this request to the creditor. In the case of an absolute assignment, you are a creditor as defined by s.189. If you contend that you purchased the rights but not the duties of any agreement, you are reminded that s.189 of the Act is clear that an assignment is of both rights and duties. Your attention is drawn to ss.5(2), 3(b), 6 and 7 of the Consumer Protection from Unfair Trading Regulations 2008 (CPUTR).

Attached is payment in the sum of £1.00, which is the statutory fee - note that these funds are not to be used for any other purpose.

If you are unable to comply fully and properly with this request, you should confirm this in writing at the earliest opportunity, and certainly within the statutory time limit for compliance, and return the fee and then remove the incorrect entry from your systems.

I do, expect the main actions to be dealt with, as matter of course, and look forward to hearing from you within the prescribed timescales quoted.

Yours faithfully




Sign digitally

never-in-doubt

DGJsaver wrote: »

And only send that niddy once we start receiving grief from the OC or whoever they sell it on to....?

Send it whenever you feel enough time has passed for them to comply with your request.... usually i'd suggest sending it around a month since you last heard anything.....

It puts closure at your end and leaves the onus on them to provide the original or p!ss-off! lol :D

DGJsaver

good man !