Unenforceability & Template Letters III

never-in-doubt

monlou wrote: »

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

Email me direct with the attachments, if you cannot scan them then take a cloe up photo and email me them....

Check PM's for my email address....

Edit - you've blocked PM's so cannot PM you my email address after all.... either change your settings or guess my email address lol

monlou

Forgive me for being stupid
but how do i do that?

never-in-doubt wrote: »

Email me direct with the attachments, if you cannot scan them then take a cloe up photo and email me them....

Check PM's for my email address....

Edit - you've blocked PM's so cannot PM you my email address after all.... either change your settings or guess my email address lol

a-smith_3

Hi Nid
As I said ad I wish I'd looked deeper into the MSE site and found you sooner.

Quote:
Originally Posted by a-smith
Another B.card replied asking for £1 - which I sent and a reminder a month ago - but I have had no reply,

Then wait - they are in default until they do reply with your CCA request.

Quote:
Originally Posted by a-smith
I had other correspondence with B.card and arranged a reduced payment plan - I am a day or so late with the reduced payments, do I not pay it and send the ‘CCA Dispute / Section 10 Request’ letter ?

You can do, but i'm still lost at the chop/change between accounts! Try listing each creditor, the status you're at and other details cos right now i'm really struggling to grasp your message (sorreee!)

One B.card account two with lots of correspondence as B.card Customer Services had told me to write to ‘Barclaycard, Department LRC, Data Protection Team’ for the copy of my credit agreement.
So this is what I wrote (I was Not using a Template as I had not found yours at the time and had to make it up on my own - to the best of my knowledge at That time)

19th January 2010 Dear Sirs, Re: Account Number XXXX XXXX XXXX XXXX
Further to your letter of 30th December 2009 from Mr X Xxxx, Customer Relationship Manager, Barclaycard, Could you please send me a copy of the actual signed credit agreement for account number XXXX XXXX XXXX XXXX. I enclose a payment for £1.00 as requested
Yours faithfully

and the reminder I sent to B.card was:

19th March 2010 Dear Sirs, Re: Account Number XXXX XXXX XXXX XXXX
Upon checking my records I note that I have not received a reply to my letter of 19th January 2010. This letter was received and signed for, according to Royal Mail's recorded delivery online tracking.
Please send me a copy of the actual signed credit agreement for account number XXXX XXXX XXXX XXXX or please return the £1.00 that was
enclosed with my letter 19th January 2010.
I would be grateful if you could acknowledge this letter within seven days and handle my complaint according to your usual complaint procedures.
Yours faithfully

Was this OK or have I mucked this up too?

Should I send them another Reminder in the correct form of - step 1, letter ‘Request for a copy of the Original Credit Agreement (Consumer Credit Act 1974)’ ? Or send - step 4 letter ‘CCA Dispute / Section 10 Request' letter ?

Or Do Noting - I’ve done enough damage!

regards A

never-in-doubt

flo5 wrote: »

Letter received 24th April
LETER BEFORE ACTION

Hiya

Ok send this letter to the idiots that sent this warning (:rotfl:) and a copy of both their letters - lets see what they come back this time! :mad:

You'll notice I have used their own comments against them, reversing things and telling them the law - god they soooo wind me up! I have smoke coming out my ears right now :mad: :mad:

You gotta love my way with words - whatever you do DO NOT amend the letter, trust me here ok?

Dear Sirs,

Account No: XXXXXXXX

I write with reference to the above numbered account.

I note with regret that you have chosen not to deal with this matter despite my previous communication endeavouring to assist you in coming to a satisfactory arrangement to close this account without the need for legal action. Do you need me to point out that this account is formally in dispute with CapQuest and has been since they, and Next (Original Creditor) failed to acknowledge my Consumer Credit Agreement (CCA) Request, in line with s.77-s.79 of the Consumer Credit Act 1974 (CCA1974).

As you are no doubt aware, your continual harassment not only breaches the Consumer Credit Act (1974), but also the Data Protection Act (1998), the Consumer Protection From Unfair Trading Regulations (2008) and the Office Of Fair Trading's Debt Collection Guidelines. Being that the Original Creditor is now in default of my CCA Request and OFT Debt Collection Guidelines, I consider this account to be in serious dispute, especially due to the fact that whilst my CCA Request remains in default (outstanding), enforcement action is not permitted in line with s.127(3) of the CCA1974.

In your letter dated 24th April 2010 you state:

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.

Need I remind you of the law? In particular the remit of s.127 and s.65 of the CCA1974? Section 127(1) of the Consumer Credit Act (CCA 1974) is subject to the restrictions imposed by sections 127(3) & (4). Those subsections set out the circumstances in which the court shall not make an enforcement order under section 65(1) of the Act.

Put simply, a court cannot make a judgement on an unenforceable debt without the original agreement, ergo we're back at square one - all I ask is for you to provide me the original agreement instead of fobbing me off with excuses all the time. You will soon find out that all judges will listen to my argument when I quote the relevant acts of the CCA to them.

Consequently, any legal action you pursue will not only be fully and vigorously defended, it will also be averred as both unlawful and vexatious. As such I respectfully suggest that this account is returned to the original creditor for immediate resolution prior to my seeking legal advice against you; due to the fact you cannot lawfully pursue any enforcement activities as the account was already in dispute at the time you became involved.

Regards to your silly threats about bailiffs, please do not waste my time with such nonsense. A bailiff, as we both know has no legal powers and certainly cannot just walk into my home and remove goods. I really must warn you to cease your silly threats, learn the law and consider asking someone with an ounce of common sense to respond to my lawful s.78 request which remains in default.

If you decide to ignore my dispute and attempt enforcement, I will initiate legal action and file reports with the appropriate authorities including, but not limited to, Trading Standards, Office of Fair Trading, Information Commissioners Office, Financial Ombudsman Service and possible court action.

I hope that this will not be necessary and an acceptable solution can be accomplished. I would appreciate your due diligence in this matter and look forward to hearing from you in due course.

Yours faithfully




Sign digitally

never-in-doubt

monlou wrote: »

Forgive me for being stupid
but how do i do that?

Click this: Edit Options

Then in the second box down, called Messaging & Notification, tick the box that allows PM's - like this:

If you do not want to send or receive private messages, you may disable the private messaging system.

Enable Private Messaging

monlou

Cheers got there in the end
i have tick the relevent box now.
do i then click your name and then send private message?

never-in-doubt wrote: »

Click this: Edit Options

Then in the second box down, called Messaging & Notification, tick the box that allows PM's - like this:

never-in-doubt

monlou wrote: »

Cheers got there in the end
i have tick the relevent box now.
do i then click your name and then send private message?

Remember to save the options, after you tick the box - its still blocked for me to send to you!

monlou has chosen not to receive private messages or may not be allowed to receive private messages. Therefore you may not send your message to him/her.

If you are trying to send this message to multiple recipients, remove monlou from the recipient list and send the message again.

monlou

I have saved the settings again it should work now

never-in-doubt wrote: »

Remember to save the options, after you tick the box - its still blocked for me to send to you!

never-in-doubt

a-smith wrote: »

Hi Nid
As I said ad I wish I'd looked deeper into the MSE site and found you sooner.

One B.card account two with lots of correspondence as B.card Customer Services had told me to write to ‘Barclaycard, Department LRC, Data Protection Team’ for the copy of my credit agreement.
So this is what I wrote (I was Not using a Template as I had not found yours at the time and had to make it up on my own - to the best of my knowledge at That time)

Was this OK or have I mucked this up too?

Should I send them another Reminder in the correct form of - step 1, letter ‘Request for a copy of the Original Credit Agreement (Consumer Credit Act 1974)’ ? Or send - step 4 letter ‘CCA Dispute / Section 10 Request' letter ?

Or Do Noting - I’ve done enough damage!

regards A

Hiya

I'd seriously suggest you start from scratch and send the following, with £1 again.... CCA Request

Doin so follows process and allows me to help you, without such I cannot help as i'd never feel comfortable knowing that the incorrect and without prejudice letters will be ignored.

How many accounts do you have (looking for unenforceability?) if only this one, you're mad - you know you'll get defaulted right?

Let me know, obviously you are the one with the knowledge of this account and whether it is worth ruining your credit file over...

never-in-doubt

monlou wrote: »

I have saved the settings again it should work now

Nope, can't PM you :mad:

You need to set the page properly, tick the correct box! Have another look.....

i'll leave my email address here for 2 minutes - write it down quickly and DO NOT quote me! Click thanks to this post so I know you've read it and got it!

{{{ Email removed for privacy }}}