Unenforceability & Template Letters III

never-in-doubt

pebbles88 wrote: »

well i have compiled a HUGE complaint letter to the official compliant dept for tesco.... and am just finishing up a FOS one.

You need to be going to Trading Standards, FOS, FSA & ICO - do all 4 at the same time and copy/paste the data.....

pebbles88 wrote: »

regarding them wanting proof of id for cca req, should i send it? considering they have specifically asked for driving licence or passport, something with signature on, makes me more convinced they perhaps (hopefully) dont have the paperwork? I have copied our licences ready... but put big crosses digitally through the signature part, enough to read it, but too much to copy if you catch my drift!

DO NOT send copies of your licence, they are writing to you at your address with statements and other correspondence which means in any court of law, they believe they are dealing wit hthe right person.

Them asking for ID is a clear breach of OFt guidelines and they know this - stick to what we advise and DO NOT send in I.D. As you rightly say, if they are unsure it is you then they should PROVE the debt belongs to you, not the other way around.

pebbles88 wrote: »

i know niddy mentioned as the agreemnt was post 04/2007 that cca law cant be used, that it may have to be cpr something... or words to those effects......

LOL, yea it is s.127 that cannot be utilised, i.e. they can take court action, but like everything they STILL need an original before bringing any court action.

I was referring to CPR yes - see here for details of what that means (both versions): #34

pebbles88 wrote: »

***goes off ready to ruffle more feathers****

ps... by adjudication authorities, i presume you mean the fos?

You need to be going to Trading Standards, FOS, FSA & ICO - do all 4 at the same time and copy/paste the data.....

mojoparrot

Has anyone had any dealings with "Drydens Lawyers"? They have picked up a Creation (Adams) debt. They sent me a illegible CCA 2 weeks ago and I responded with the appropriate letter. I havnt heard anything since. They told me early on that they were going to take me to court to get a CCJ and that I didnt need to bother to turn up as they could do that without me! (I bet they can!! ) As I couldnt see the small print on the CCA I wasnt able to check if it was an application or a CCA. I think that the original lender was Sears though not creation so wonder what you think NID?

never-in-doubt

carol01 wrote: »

hiya n.i.d and everyone
had a letter back from moorcroft saying they are putting the account on hold until advised otherwise and will not seek to enforce payment.
also the letters says quote: in the meantime,however, we believe that it may be of assistance to all parties if we take this opportunity to ensure that any potential areas of dispute are addressed prior to any possible court action or further investigation. to this end can you provide an indication of the information you will be relying upon, when giving evidence to the court or imformation to the relevant statutory authorities in relation to the alleged subject matter of this account.
please could you provide this information by return as this will ensure that all possible areas of dispute are identified as quickly as possible thereby minimizing potential costs and delays. (i thought the letter you wrote covered my dispute?) anyway i got home from work to a phone call from moorcroft offering me a reduced rate they would knock the debt down to £1700.00 if i took the offer there and then i told him it was not the case of how much they would knock off but how under handed argos have been he put me in hold and i put the phone down the letter today did state they would not persue me so why are they phoning and what should i say if they phone back thanks again in advance i feel like a big can of worms has been opened not sure what to do

Hiya

I love it when they start to panic about legal threats - bless em!

Basically they are responding to your (my) threat of legal action UNLESS they act upon your instruction.

You need to await the outcome of the letter that you sent to Argos as they are ultimately the one's you're threatening, their dogs (Moorcroft) can go swivel on a hot poker as they are really irrelevant in all this - you only copied them in to "be polite"...

Just sit tight, do not accept any deal and most definitely do not reply to their letter.

So long as what you have told me to date is true, we'll get the whole arrears and default wiped - if there was anything missing now is the time to come clean because if Argos come back and say you were 6 payments in arrears you can imagine how silly you'll look and any future threat will be met with laughter, i'd assume.

So sit tight or PM me if you've forgotten anything

never-in-doubt

mojoparrot wrote: »

Has anyone had any dealings with "Drydens Lawyers"? They have picked up a Creation (Adams) debt.

Please elaborate - what do you mean they have picked up? Been legally assigned the debt/account or just writing to you on behalf of Adams?

CHANGEyourMP

On day shift this week then niddy!
Those 12hr shift patterns in your security hut must drag, thank god for MSE eh!;)
Please be a good niddy today, not too many porkies!:eek:
And don't forget to be nice!:D

mojoparrot

never-in-doubt wrote: »

Please elaborate - what do you mean they have picked up? Been legally assigned the debt/account or just writing to you on behalf of Adams?

Legally assigned I think, the CCA copy came from them and they told me at great length about the CCJ process and what would happen.

never-in-doubt

mojoparrot wrote: »

Has anyone had any dealings with "Drydens Lawyers"? They have picked up a Creation (Adams) debt. They sent me a illegible CCA 2 weeks ago and I responded with the appropriate letter. I havnt heard anything since. They told me early on that they were going to take me to court to get a CCJ and that I didnt need to bother to turn up as they could do that without me! (I bet they can!! ) As I couldnt see the small print on the CCA I wasnt able to check if it was an application or a CCA. I think that the original lender was Sears though not creation so wonder what you think NID?

Let them go for a CCJ - when you get the paperwork through for it, let us know and we'll get it struck off for you

(10past6) :rotfl:

Greekous

never-in-doubt wrote: »

Yep they sure can, but they must send one set from the time of agreement and the most recent ones... so if they have recently changed, they must send you a copy....



Note the red bold text above....

If it is egg, this is unenforceable - see here:

Thanks Nid, letter is on it's way to them.

carol01

never-in-doubt wrote: »

Hiya

I love it when they start to panic about legal threats - bless em!

Basically they are responding to your (my) threat of legal action UNLESS they act upon your instruction.

You need to await the outcome of the letter that you sent to Argos as they are ultimately the one's you're threatening, their dogs (Moorcroft) can go swivel on a hot poker as they are really irrelevant in all this - you only copied them in to "be polite"...

Just sit tight, do not accept any deal and most definitely do not reply to their letter.

So long as what you have told me to date is true, we'll get the whole arrears and default wiped - if there was anything missing now is the time to come clean because if Argos come back and say you were 6 payments in arrears you can imagine how silly you'll look and any future threat will be met with laughter, i'd assume.

So sit tight or PM me if you've forgotten anything

hiya n.i.d
my account has never ever been more than two payments behind since it opened in 2002 i had a letter on 4/1/10 asking me to pay the arrears of 58.05 (1 months payment) to prevent additional action being taken i paid 70.00 on 25/01/10 they also add a 12.00 charge (which i totally agree) i then paid 80.00 on the 23/2/10 it was this payment i was told not to pay argos anymore and to deal with moorcroft i have looked at a default notice you get and i can 100% say i have not recieved this (were it shows you are given 14days to clear the balance) i have also printed my credit file off as again it states [8] [1][1][0][1][0][0][1][0][0][0] so
dec 58.05
jan 58.05
feb 58.05
total 174.15 this is the amount due
i paid
jan 70.00
feb 80.00
total 150.00 this was the amount paid
this is everything i have as i keep all my statements and letters hope you can understand what i have written and hopefully it makes sense thanks anyway for your help

never-in-doubt

carol01 wrote: »

hiya n.i.d
this is everything i have as i keep all my statements and letters hope you can understand what i have written and hopefully it makes sense thanks anyway for your help

Hiya

Great news - this will all get wiped, they cannot just add a default - tut tut - nawty Argos.

See what they say, but really you want them to try and take as much action as possible then defend it (with our help) as this means they cannot do it again (i.e. one debt = one default).....

Just see what Argos do - thanks for clarifying the details, I understand - more to the point, you keep everything which makes life soooo much easier when proving them WRONG!