Unenforceability & Template Letters III

swanfan02

never-in-doubt wrote: »

Done......

Hi NID Thought it was.:mad: Will try to blag it & send CCA Query. Never received an NOA from MBNA when they sold account to Varde then appointed Experto as dca. Would this make a difference? Ps lines on form were from me blanking out details.

BorassicLint

Good morning NID,

I posted a couple of weeks ago regarding a CCA request for LTSB and you advised me to post on here when I got a response. Well the 12+2 would have been up tomorrow but I've received a reply today. Basically they say they have provided a reconstituted copy and there is no date or signature etc. The thing is they have produced this as LTSB when my original contract was with Accucard (although I now know that Accucard was part of LTSB group). Having checked through papers that I have, I have in fact still got the copy of the original agreement. I will scan them later for you to look at as I have to go out now.

What are your initial thoughts?

Thanks

flo5

Quote:
Originally Posted by never-in-doubt
Yes, as fermi suggests, just copy the process used previously...... page 1 explains in detail, the processes.

They always sell the debt around, don't worry about it..... it is still the originators job to send the request to the correct firm. Just complete your paper-trail then you can move in for the kill with the CCA Dispute letter - basically putting them at task to provide the agreements.

Thanks you so very much - it is such a relief to have someone with the knowledge to help people like me who do not know what to do:A

I will send the letter tomorrow - thank you

Quote from Thread 1351

I have received two letters from Capquest both dated the 21st but arrived on consecutive days: I have copied the main contents of both. As l am now slightly confused my original thought was the 2nd letter was computer generated and was sent automatically - So my questiion is should l ignore this and wait for them to reply as per the first letter.


Letter received 23 April
I write in response to your letter received ion Capquests offices on 8th April 2010. Of which your
comments have been duly noted. Please accept my apologies for the delay in my response.

I can confirm your required documentation has been requested from Next plc and will be forwarded to you upon CapQuest's receipt. Your account has been placed on hold to await the aforementioned documentation.

Should you wish to discuss this matter further please contact me on 0871 574 3161


Letter received 24th April
LETER BEFORE ACTION
We note with regret that you have chosen not to deal with this matter despite our previous communication endeavouring to assist you in coming to a satisfactory arrangement to settle this account without the need for legal action.

It is therefore our intention to progress we will seek an Order of the Court directing you to pay monies outstanding. If we are successful and it is necessary to do so, we will seek to enforce such an order with a Warrant of Execution. In the event that we do obtain a Warrant of Execution, a Court Enforcement Officer (Bailiff) will be assigned to attend your address and carry out the Warrant.

The Bailiff will take an inventory and levy goods. You will be informed that the bailiff has impounded the goods and you will be asked to sign and Walking Possession Agreement, acknowledging that the impounded goods are in the possession of the bailiff. IF full payment or a satisfactory offer of a payment plan is not made, the Bailiff is authorised to remove the goods for sale to pay the debts and costs.

A walking Possession Agreement means that the goods that have been seized now legally belong to the Bailiff and can be removed at any time. However, she/he will allow them to remain in your home and you can continue to use them providing you keep your side of the agreement, e.g. you make agreed payments.

The fees charges by the Bailiffs’ will be added to the amount owed. Any additional costs for removing and selling the goods will also be added to the amount you owe.

You should also remember that any goods you own may lose value over time. This means that is the Bailiff seizes goods to discharge the sum you owe, although the value of those goods will not exceed the amount you owe, it may cost you more to replace them

All of this action is avoidable. It is therefore in your interest to prevent the above course of action by contacting this office immediately to discuss settlement or your proposed arrangement to settle this debt Our experienced pre-litigation team are on hand to assist you, but this can only happen if you make contact before 27 April 2010 and failure to respond by the date outlined will result in legal action being instigated.

Many thanks, l am extremely grateful that you are here to give people like me the guidance and support that we so desperately need

carol01

hiya n.i.d
hope you had a great weekend (goes so fast don't they)
i have had a letter back ferom halifax ref#1928 (reconstituted version)
after sending 3.3 template i recieved this

Unfortunatley we don't feel able to agree with your complaint. i refer you to our letter to you dated 14/04/10. which we enclosed your documentation and also set out in detail how we have complied with section 78 of the cca.

According to our records we have supplied reconstituted copies of the agreement in place at the time the account was opened and the one currently in place. By providing you with these copies, we satisfied our obligation under section 78.

In summary, to comply with section 78, the copy does not need to be a copy with the customer's signature on it. We do not have to produce an actual copy of the document signed. The purpose of section 78 is to allow debtors access to their terms and conditions of their credit agreement and by providing the debtor with a true copy of the trms and conditions we have complied with section 78.

The regulations define what is required of a "copy". Whilst regulation 3 provides "every copy" of an executed agreement... shall be a true copy". Regulation 3 (2) (b) provides that a copy can omit any signature box,signature or date of signature.

in summary, to comply with section 78, the copy does not need to be a copy with the customers signature on it . We do not have to produce an actual copy of the document signed.

we have no obligation pursuant to sections 61 or 78 of the cca to provide a signed copy of the agreement.The fact that we haven't provided one doesn't mean the client is relieved of the obligation to make payments pursuant to the agreement.
Nonetheless, although we have no obligation to do so, we will endeavour to retrieve a copy of the signed agreement for you and will therefore be in touch with you in due course.

as long as you are happy with the way i have dealt with your complaint, there is no need for you to reply to my letter. if i have not heard from you within 8 weeks of the date of this letter i will close my file

not sure what to do next thanks n.i.d and welcome back

elsie52

ref 2152

Hi Nid,

I have sent the template letter as you suggested, recorded delivery, as you say it probably could have waited, but I am away from home for the next week, so its gone.!

Nothing from anyone else, but no doubt I will get find something through the door next week.

Thanks for your help, its appreciated.:D

never-in-doubt

swanfan02 wrote: »

Hi NID Thought it was.:mad: Will try to blag it & send CCA Query. Never received an NOA from MBNA when they sold account to Varde then appointed Experto as dca. Would this make a difference? Ps lines on form were from me blanking out details.

Ok mate best of luck......

Thanks for confirming what the lines were, bummer! Well lets wait til they try and seek enforceament at which point the fact process was not followed, means it should be set-aside easily enough....

Just sit tight - do as email said for the moment :beer:

never-in-doubt

Hiya

Ok, well let me see what they sent please, also send me a separate message containing the original agreement - you have my email right? If not, check your PMs as ive just messaged you with it.

If you can not edit the info, that'd be great cos helps me determine just how much fraud (copy/paste) they have committed.....

Thanks - will be in touch when you've emailed me the images....

BorassicLint wrote: »

Good morning NID,

I posted a couple of weeks ago regarding a CCA request for LTSB and you advised me to post on here when I got a response. Well the 12+2 would have been up tomorrow but I've received a reply today. Basically they say they have provided a reconstituted copy and there is no date or signature etc. The thing is they have produced this as LTSB when my original contract was with Accucard (although I now know that Accucard was part of LTSB group). Having checked through papers that I have, I have in fact still got the copy of the original agreement. I will scan them later for you to look at as I have to go out now.

What are your initial thoughts?

Thanks

monlou

Hi NID
I have a couple of CCAs for you to look over but was wondering how do I scan this to you?

Many Thanks
MONLOU

never-in-doubt

elsie52 wrote: »

ref 2152

Hi Nid,

I have sent the template letter as you suggested, recorded delivery, as you say it probably could have waited, but I am away from home for the next week, so its gone.!

Nothing from anyone else, but no doubt I will get find something through the door next week.

Thanks for your help, its appreciated.:D

Hiya

Okies well enjoy the week away and let us know what/if arrives when you get back - but whatever you do, don't worry - enjoy the break

never-in-doubt

flo5 wrote: »

I have received two letters from Capquest both dated the 21st but arrived on consecutive days: I have copied the main contents of both. As l am now slightly confused my original thought was the 2nd letter was computer generated and was sent automatically - So my questiion is should l ignore this and wait for them to reply as per the first letter.

You're confused (so is Niddy!) :rotfl: :rotfl:

flo5 wrote: »

Letter received 23 April
I write in response to your letter received ion Capquests offices on 8th April 2010. Of which your comments have been duly noted. Please accept my apologies for the delay in my response.

I can confirm your required documentation has been requested from Next plc and will be forwarded to you upon CapQuest's receipt. Your account has been placed on hold to await the aforementioned documentation.

Ok this is the letter that matters, so ignore the one below unless they do issue a court threat in which case let us know asap....

flo5 wrote: »

Letter received 24th April
LETER BEFORE ACTION
We note with regret that you have chosen not to deal with this matter despite our previous communication endeavouring to assist you in coming to a satisfactory arrangement to settle this account without the need for legal action.

It is therefore our intention to progress we will seek an Order of the Court directing you to pay monies outstanding. If we are successful and it is necessary to do so, we will seek to enforce such an order with a Warrant of Execution. In the event that we do obtain a Warrant of Execution, a Court Enforcement Officer (Bailiff) will be assigned to attend your address and carry out the Warrant.

The Bailiff will take an inventory and levy goods. You will be informed that the bailiff has impounded the goods and you will be asked to sign and Walking Possession Agreement, acknowledging that the impounded goods are in the possession of the bailiff. IF full payment or a satisfactory offer of a payment plan is not made, the Bailiff is authorised to remove the goods for sale to pay the debts and costs.

A walking Possession Agreement means that the goods that have been seized now legally belong to the Bailiff and can be removed at any time. However, she/he will allow them to remain in your home and you can continue to use them providing you keep your side of the agreement, e.g. you make agreed payments.

The fees charges by the Bailiffs’ will be added to the amount owed. Any additional costs for removing and selling the goods will also be added to the amount you owe.

You should also remember that any goods you own may lose value over time. This means that is the Bailiff seizes goods to discharge the sum you owe, although the value of those goods will not exceed the amount you owe, it may cost you more to replace them

All of this action is avoidable. It is therefore in your interest to prevent the above course of action by contacting this office immediately to discuss settlement or your proposed arrangement to settle this debt Our experienced pre-litigation team are on hand to assist you, but this can only happen if you make contact before 27 April 2010 and failure to respond by the date outlined will result in legal action being instigated.

Ooooh I sooooooo want to to respond to these muppets! In fact, fcuk it - I am going to :mad: :mad: :mad:

Hang on i'll fire a quick reply to send them - they really think they know it all :mad: :mad: :mad: :mad: (Niddy is fuming!)......

I'll come back soon with a nice little letter to ping over to them, details to follow....