Unenforceability & Template Letters III

RAS

koloko

If you take out insurance and something happens and the insurance company then find out that you did not declare a "material fact", like you have a very minor caution for peeing agaisnt a wall, you suddenly find your house insurance no longer covers the whirlwind damage. The fact that you were not even asked if you had a criminal record of any sort is irrelevant.

The Consumer Credit Act set up requirements over 30 years ago, with which companies had decades to comply. And they comprehensively failed to do this.

I do not find either particulalrly heartening but what is sauce for the goose is sauce for the gander.

And this debt is not even held by Cap1. Crapquest bought it for a few hundreds and now expect to get back thousands. There is a whole industry out there that make money by debts already written off, for peanuts, and making a profit by haressing people who are not legally required to pay the money. If crapquest bought it for say £300 and offered to settle for £400, Ok in my books but they want £the lot.

The fact that some DCAs were offering Full and final at 5 percent last year indicates just how little they bought the debts for in the first place.

never-in-doubt

Invariably, you'll get lenders/DCA's writing back to you asking you to sign before they will provide anything to you, even after you've already sent them the Demand of your Signature template from here.

The lenders/DCA's don't actually realise that they're breaking more rules, each time they fob you off. Therefore if you've already sent the Demand of your Signature template and they still ask you to sign, then respond with the following template - bear in mind at this point the account is unenforceable and remains so until such time they respond with the documents requested.

Formal Response to a Request for a signature before release of Information

Dear Sirs,

Account No: XXXXXXXX

Thank you for your letter dated XX/XX/XXXX, the contents of which have been noted.

In your letter you make reference to requiring my signed authorisation prior to acknowledging my s.78 request to which I already replied explaining my rights and the fact that a signature is not necessary in order to provide me with the documents requested, being you already write to me at this address; coupled with the fact there is no provision that requires I send a signature anyway.

As a result of you failing to acknowledge my lawful request, this account is now deemed unenforceable, in line with s.127(3) and s.65(1) (CCA1974), and will remain so until such time you respond to me, with the information originally requested.

Any attempt to pursue this account via a debt collection agency or the court system will be averred as unlawful and vexatious and will be defended at the highest level. Because you're stating that you need my signature, in essence to prove who I am; my first port of call will be to question your integrity because it appears you've been sending sensitive data, including statements to this address for some time now. Obviously if you're that unsure of my identity now, I do have to question why a signature request was not made before you sent me each statement, or prior to each other correspondence sent? Surely you can see where i'm going with this and also see that you're going to lose if you continue with this belligerence.

For the final time, i'd like to draw your attention to the fact that the Consumer Credit Act 1974 does not require that i supply you a copy of my signature. If it is for Data Protection purposes then i can supply you with documentation to substantiate my identity to you. However, to date you have happily sent statements and correspondence containing extensive sensitive private information to the same address and so I have to ask, if you are so concerned that you are corresponding with the correct person why has it taken you so long to raise this? Please answer this point in your reply, i'd like to know why.

As you are aware, disclosing data without adequate checks of identity is contrary to the 7th principal of Data Protection, listed in schedule 1 of the Data protection Act 1998.

I note that there is no provision that removes the requirements of the act to provide this information on time, even if you are unsure of my identity. As such, I look forward to receiving the documentation requested, within the next 14 days, otherwise please stop corresponding with me, until you are certain I am the person responsible for the account in question.

Yours faithfully




Sign digitally

never-in-doubt

Pugface wrote: »

Aren't they just going to say that they have supplied the copy of the original agreement - even if as you've pointed out it's not enforceable because of not referencing the terms and conditions?

Sorry to be a pain, but just wanted to make sure.

Cheers,

Paul.

Yep they will say that, but doesn't matter - its a case of having to go round in circles cos they are going to argue til the cows come home and unfortunately, you'll never change that - the main basis of the template is the fact that you are saying it is your final response - the rest is just space filling gumph, to be fair! (well sort of) lol.

never-in-doubt

swanfan02 wrote: »

Hi Niddy, letter from barclayshark in response to your letter saying they don't think account is in dispute & have fulfilled their obligations etc etc. Can email it to you if you want to see it but i think its similar to ones i've seen on here.;)

Hiya

Nah, no need mate i'll have seen it before - send the final response now - here: Debtors Final Response - CCA Received

never-in-doubt

swanfan02 wrote: »

Letter from HL Legal acting on behalf of Collect Direct saying "if payment is not received in 7 days we will recommend legal action in County Court" Morons!!:mad:

We have this new template specially designed for that: Threat-o-Gram - Letter before Action

Get it posted quick smart - you don't want them trying to go to court, can't be doing with the hassle right now, can you? :rotfl:

never-in-doubt

jen_br wrote: »

snap with lloyds

what do you mean, snap with Lloyds? When did you get this letter and why haven't you mentioned it? Is this in response to my snotty letter to them or is it crossed in the system?

If they have sent a legal threat like that, giving 7 days you must send this back regardless of whether you have another letter outstanding to be dealt with: Threat-o-Gram - Letter before Action

Can you confirm was the last letter you sent signed for, and if so when?

never-in-doubt

fto wrote: »

Hi,
Sent account sold whilst in default letter, some time ago to triton( natwests debt collector). I have received letters from them saying its not in default, because natwest have sent me, all they need to, to comply.The lastest letter from them is threatening to sent the a debt collector to my house..........should I reply.
Thanks in advance........

Yep send this - Refusal by Lender/DCA - to accept Unenforceability

Dont worry about a DC calling at your home, they have no right (as you know) but you could if you want, send this just to cover yourself (send it separate to the letter above): Threat of Doorstep-Visit

jen_br

never-in-doubt wrote: »

what do you mean, snap with Lloyds? When did you get this letter and why haven't you mentioned it? Is this in response to my snotty letter to them or is it crossed in the system?

If they have sent a legal threat like that, giving 7 days you must send this back regardless of whether you have another letter outstanding to be dealt with: Threat-o-Gram - Letter before Action

Can you confirm was the last letter you sent signed for, and if so when?

I didn't mention it cause on friday I sent off the threat-o-gram(imagine that I followed the flow charts :T ) (recorded) this was a cross over letter as it was dated before your letter got there meanwhile it arrived 5 days after they dated it.. (if that makes sense?)

Anywhos hope that helps, all though since they received your letter I have been getting loads of phone calls... from people who won't put things in writing..... (because I wont talk to them on the phone)

and DH hasn't had a sniffle at!

swanfan02

never-in-doubt wrote: »

We have this new template specially designed for that: Threat-o-Gram - Letter before Action

Get it posted quick smart - you don't want them trying to go to court, can't be doing with the hassle right now, can you? :rotfl:

never-in-doubt wrote: »

Hiya

Nah, no need mate i'll have seen it before - send the final response now - here: Debtors Final Response - CCA Received

Thanks Niddy, will get them printed & sent off.:T:T

never-in-doubt

jen_br wrote: »

I didn't mention it cause on friday I sent off the threat-o-gram(imagine that I followed the flow charts :T ) (recorded) this was a cross over letter as it was dated before your letter got there meanwhile it arrived 5 days after they dated it.. (if that makes sense?)

Anywhos hope that helps, all though since they received your letter I have been getting loads of phone calls... from people who won't put things in writing..... (because I wont talk to them on the phone)

and DH hasn't had a sniffle at!

See you're learning, i'm impressed :T :T

Nicely done......