Unenforceability & Template Letters III

Goodtimesahead

lordcharles2001 wrote: »

:jHello, I am new to this site, boy I like what I have been reading in regards to unenforceable loan. I requested for a copy of my agreement last year and notice that the copy that was sent to me had my signature on both place for my and lender. Please how do I go about this?

My Lordship, best post up a copy of what they have sent you (blocking out the usual sensitive info) and then our leader NID can take a look, we are his disciples and still learning:D

Goodtimesahead

Sorry just seen NID has already replied!

never-in-doubt

catherine238 wrote: »

Ulster Bank xxxxxxxx2422

Hiya, you need to send the letter below to the CRA (Equifax wasn't it?).... You also need to print 2 extra copies and send one each to CL Finance & Ulster Bank, with the letter at the foot of this post, for them.

Basically print 3 copies of each letter and ensure each party has a copy of each! :D

Let me know when you send this off - that will sort out defaults 2 & 3. You already have the template to send off regards to the SDG catalogue account, from my earlier posts to you.

Good Luck....

Dear Sirs,

Ref: XXXXXXXX

I write with reference to an ongoing complaint with Ulster Bank & CL Finance, regards their unlawful addition of duplicate default notices against me, for the same debt, which is actually unlawful (under s.87 & s.88 CCA1974).

As the data processor, on behalf of the actual data controller (Ulster Bank) you have a legal obligation to ensure the accuracy of the data you process and make publicly available, is correct. As we both know, you can only have one default notice registered per account, if there are mistakes within the original default entry then no further default can be added for the same account - ever!

In light of the above, may I draw your attention to the entries from Ulster Bank & CL Finance. As it quite evident, this is one account with two live defaults registered. This is a clear breach of the CCA1974 and DPA1998, and as a result I wish for immediate confirmation that these entries have both been removed from my report, in their entirety.

Failure to comply will result in my seeking immediate legal advice, due to your obvious support of libellous data processing. Until such a time that you can substantiate the accuracy of both defaults, they must be removed. As the error is quite clear to see, with the principle fault being two live defaults for one debt, these should not be noted on my credit file ever again.

Section(s) 87 & 88 of the CCA 1974 are quite clear, I quote:

s.87 - Need for default notice

(1) Service of a notice on the debtor or hirer in accordance with section 88 (a “default notice”) is necessary before the creditor or owner can become entitled, by reason of any breach by the debtor or hirer of a regulated agreement,

(a) to terminate the agreement, or
(b) to demand earlier payment of any sum, or
(c) to recover possession of any goods or land, or
(d) to treat any right conferred on the debtor or hirer by the agreement as terminated, restricted or deferred, or
(e) to enforce any security.

(2) Subsection (1) does not prevent the creditor from treating the right to draw upon any credit as restricted or deferred, and taking such steps as may be necessary to make the restriction or deferment effective.

(3) The doing of an act by which a floating charge becomes fixed is not enforcement of a security.

(4) Regulations may provide that subsection (1) is not to apply to agreements described by the regulations.

s.88 - Contents and effect of default notice

(1) The default notice must be in the prescribed form and specify

(a) the nature of the alleged breach;
(b) if the breach is capable of remedy, what action is required to remedy it and the date before which that action is to be taken;
(c) if the breach is not capable of remedy, the sum (if any) required to be paid as compensation for the breach, and the date before which it is to be paid.

(2) A date specified under subsection (1) must not be less than fourteen days after the date of service of the default notice, and the creditor or owner shall not take action such as is mentioned in section 87(1) before the date so specified or (if no requirement is made under subsection (1)) before those seven days have elapsed.

(3) The default notice must not treat as a breach failure to comply with a provision of the agreement which becomes operative only on breach of some other provision, but if the breach of that other provision is not duly remedied or compensation demanded under subsection (1) is not duly paid, or (where no requirement is made under subsection (1)) if the fourteen days mentioned in subsection (2) have elapsed, the creditor or owner may treat the failure as a breach and section 87(1) shall not apply to it.

(4) The default notice must contain information in the prescribed terms about the consequences of failure to comply with it.

(5) A default notice making a requirement under subsection (1) may include a provision for the taking of action such as is mentioned in section 87(1) at any time after the restriction imposed by subsection (2) will cease, together with a statement that the provision will be ineffective if the breach is duly remedied or the compensation duly paid.

Subsequently, s.87(1) of the CCA1974 clearly states that a default notice must be served before the creditor or owner can become entitled, by reason of any breach by the debtor. As they have failed to, and continually ignore my request to, send a default notice to me plus the fact there are duplicate entries for the same account plus the amounts are incorrect shows a clear pattern of DPA and CCA breaches.

Please ensure immediate removal of this default and speak to Ulster Bank & CL Finance yourselves, if you need clarity. As you are aware, if they cannot substantiate the accuracy of the data to you then you have an obligation to act; by removing the incorrect data registered.

I look forward to your response within the next 21 days.

Yours faithfully




Sign digitally

You would then send the letter below, with a copy of the above letter, to CL Finance & Ulster Bank with a copy to the CRA's. Basically you need all parties involved, to be aware of what you're doing.

Dear Sirs,

Formal Breach of s.87 & s.88 CCA 1974 & DPA 1998

Account Number: XXXXXXXX

I have tried, unsuccessfully to get someone at your company to resolve the fact you have acted unlawfully by allowing a duplicate default entry be registered against me. As we both know, this is strictly forbidden and as a result of your clear lack of legal respect, you have now left me no alternative but to seek enforcement against you, for removal of both incorrect default notices.

I am not prepared to spend any longer arguing this fact with you; the entries are clearly unlawful, I have proof of their current status and you now have one option available prior to my seeking enforcement against you, which is to simply remove the entries in their entirety.

The attached letter, sent to Equifax gives the full reasoning and legal backing of my claim. I expect you to act honourably and lawfully, as each mistake now will be closely scrutinised and used against you in any litigation I may take.

I look forward to your response, within the next 21 days.

Yours faithfully




Sign digitally

never-in-doubt

Locke wrote: »

Morning NID.

Just a quick update on the CCA I asked for from Barclaycard (Goldfish)

CCA request and reminder sent 12+2 later but no reply to either, another 30 days would have passed by Friday so I just wanted to check do I send the Debtors Final Response (No CCA Received) letter or the CCA Dispute / Section 10 Request letter?

Thanks for the help as always.:)

CCA Dispute matey :D

flybutterfly

hi nid
sorry about pm, thought i pm first then post when i had sent agreement to you.

could you please look at my cc agrreement for me please.
I received this agreement 16 days of asking,back in december.
not paid anything on account for past two months .
i did send them an i/e and asked for reduced payments and hold off int/charges but they didn,t.
On last statement it says'you have broken the terms of this credit agreement and could result in us taking legal actionagainst you'.

never-in-doubt

flybutterfly wrote: »

hi nid
sorry about pm, thought i pm first then post when i had sent agreement to you.

could you please look at my cc agrreement for me please.
I received this agreement 16 days of asking,back in december.
not paid anything on account for past two months .
i did send them an i/e and asked for reduced payments and hold off int/charges but they didn,t.
On last statement it says'you have broken the terms of this credit agreement and could result in us taking legal actionagainst you'.

Hiya

Where is the agreement? :p

Sod what they say, they cannot do anything - it's a bluff, it's all they can do (bluff)... idiots :mad:

trigger1812

Hi Nids me again right just been on phone to Lloyds about my original loan with them in 2002, which is now with Link...they have no recollection of me whatsoever or of any loans with them so I asked Link if they had the original loan details as I blagged and said I was trying to get my affairs in order the guy was really helpful and said they do not hold any original loan agreements only time defaulted etc so who exactly do I send the request to as none of them have my loan agreements? than ks

trigger1812

also if I need to send a request off to both LLoyds and Link which department at Lloyds do I need to send it to as they dont know who I am? Thanks

Rainbow_Liberty

never-in-doubt wrote: »

Hiya
Leave things as they are, including the 11p gym thing (i.e. cancelled) - we'll attack that now! Can you tell me more about this gym, when you signed up, when they defaulted you, also did you get a copy of the DN notice and did you get a notice of termination?

Tell me more...... we'll get the default wiped, and the debt, hopefully :D

The Gym was Classic World of Fitness in Widnes, I was attending in 2001 but had left and cancelled the direct debit with the bank, no problem. A number of months later I went back and asked to just reinstate my direct debit for the remainder of the time I had originally taken my membership over. I didn't know until I had to cancel the second time that I had infact signed a completely new membership agreement for the full year again. Despite me having explained to them I could only return for a few months due to waiting to go into hospital for stomach surgery which would prevent me from returning to the Gym for the remainder of my contract.

Looking back through the paperwork that I have, the first letter saying I had cancelled the direct debit came from Open & Direct retail services dated 7th Jan 2002.

I replied explained the situation about the original direct debit and my circumstances both health wise and financially and they were happy to cancel my membership so long as I had confirmation from Classic World of Fitness that my membership had ceased.

I wrote to CWoF on 1st February 2002 again explained about the original direct debit, my health & financial situation but their Director C D Tyson was adamant that I would not be released from my obligation and stated that they were a business as well.

After that I did write a few more letters, but they totally fell on deaf ears and eventually when I sorted out my other debts and offered £1 to each one I wrote to Robinson Way who by now had taken the debt over and offered 11p monthly. Which they accepted and have received by standing order since then.

I don't know what a DN is and I've never had a notice of termination, just the letters back and forth between me and CD Tyson. Classic World of Fitness, East Bond Street, Leigh, Lancashire WN7 1BP (the head office)

mojoparrot

Hi NID how are you?:)
I have 3 more agreements back could you have a look at them please. I can scan on tomorrow at my mums if you have the time:o
I see you are getting busier and busier!!:eek::D:eek:

I have a creation (adams card) agreement. A copy of the original app/agreement has been sent, (done in store in 97) which is a bad copy that is difficult to read the small print. Along with this they have sent an" updated true copy of the agreement "which is blank besides my name and address (2 house moves ago, correct for 1997 tho) which has been filled in by hand by them. There is a seperate (not signed) photocopy of the terms.
These docs are HUGE:eek: for some reason they have been copied to A3 so will try best to get it on the scanner.

The next is a NEXT :rotfl:(ha ha) agreement. This is a bit different its recent - post 2007 but there is nothing on the agreement not even my name and address added.

The final is a Viva la diva agreement again filled in name and address by someone other than me by hand. It was taken in 2008. No signature or anything but it is the correct address.:T

Let me know if it is ok for me to send to you:o:o
Thankyou greatly:A:A
Mojo:D