Unenforceability & Template Letters III

never-in-doubt

sadg wrote: »

Hi Niddy
Hamptons Legal have now sent a letter that is quite a worry about this barclaycard/Lowells account! It says in the letter they will be requesting a copy of my credit file from Experian!! What does this mean mate? Looks quite heavy to me?

never-in-doubt wrote: »

I'll deal with this shortly, don't worry.....

Hiya,

Ok Hamptons sent the following to you:

So, in response to that bollox quoted above - just send the following back to them - see what he says to that! Director of Legal Services my arsey! :rotfl:

Dear Sirs,

Account No: XXXXXXXX

I write with reference to the above numbered account and your recent letter, dated xx/xx/2010.

Starting with the first point in your silly letter, may I remind you that it is forbidden for you to attempt to intimidate and mislead me by lying, you have put in writing to me that you're going to obtain a copy of my credit file - please be so kind and explain how exactly you're going to do that, because unless you are exempt from the DPA1998 then you have as much chance as having Elvis coming to your next birthday party as being able to obtain a copy of my credit file.

As for the rest of your letter, it really doesn't even deserve my time to respond because you clearly do not have any legal knowledge otherwise you would not be writing what you are, how on earth can you tell me that you'll get a charging order on an account that is protected under s.127 and s.65 of the CCA? It is not your position to make such threats, you therfore have indirectly breached the OFT Guidelines and as a result I have reported you and sent a copy of your silly letter to them, for full investigation.

I have also contacted all 3 CRA's and advised them any breach of my personal data will be dealt with severely, because you know as well as I do that the most you can do is perform an unrecorded enquiry against me (via Lowell) which only shows you the balances and types of account held, you do not even get privvy to the lenders name!

Back to the point in hand; 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 Lowell Portfolio and has been since they, and Barclaycard (The 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.

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.

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

By the way - sorry about the Elvis comment, but had to be done!!

you have as much chance as having Elvis coming to your next birthday party as being able to obtain a copy of my credit file.

Hannah_10

Starting with the first point in your silly letter, may I remind you that it is forbidden for you to attempt to intimidate and mislead me by lying, you have put in writing to me that you're going to obtain a copy of my credit file - please be so kind and explain how exactly you're going to do that, because unless you are exempt from the DPA1998 then you have as much chance as having Elvis coming to your next birthday party as being able to obtain a copy of my credit file.

Niddy that is effin awesome! :rotfl::T

never-in-doubt

Oh dear, tonight I need to start a new Unenforceability thread part 4! Eeeek, its gonna be a nightmare as there are toooooo many letters arghhhhhhh

I'll do it round 3am when I can reserve the first 50 posts before people reply LOL....

If you see me working on it please don't reply to the thread til you see it all up-to-date. Thanks you guys! :D:D

dibs69

:T:T:T

never-in-doubt wrote: »

Oh dear, tonight I need to start a new Unenforceability thread part 4! Eeeek, its gonna be a nightmare as there are toooooo many letters arghhhhhhh

I'll do it round 3am when I can reserve the first 50 posts before people reply LOL....

If you see me working on it please don't reply to the thread til you see it all up-to-date. Thanks you guys! :D:D

count me in at 50 i will be asleep by then:D:pthanks to you

never-in-doubt

never-in-doubt wrote: »

Did you see this mate?

Have a look at what i've went and done!! Best Ever DCA Offer? - you gotta laugh, right? :rotfl: :rotfl:

See my version here: Classic eh? :rotfl: :rotfl: :rotfl:

dibs69

never-in-doubt wrote: »

See my version here: Classic eh? :rotfl: :rotfl: :rotfl:

LOL :rotfl::rotfl::rotfl:

never-in-doubt

dibs69 wrote: »

LOL :rotfl::rotfl::rotfl:

Its good innit mate? I think its more colourful than theirs - and more accurate!! :rotfl: :rotfl:

MustBeatThis

never-in-doubt wrote: »

Yes, you send the CCA Request to whoever owns the debt, ie the DCA or the lender.... it does say this in the actual template, just above it in the guide notes

See here: CCA Request

Sorry, I did say I was being thick. Bad head day! Many thanks, will get the other letters off and see what delights the post brings back...

MS_Kitten

Hi, Please can someone help me?

I have a loan with Welcome Finance. I requested a copy of the CCA's relating to that account knowing there was two.

The orginal agreement had PPI on it (by their mistake) it was closed before i was paid the priciple sum and a new agreement drawn up. I signed the new agreement two days later.

The new agremeent is blank. I mean has no info at all. Just my signature and monthly payment amount. Should i complain about the loan being unenforcable or should i just contiune to pay?

If i complain which letter should i send? Theres so many lol!!

I can provide a pic of the agreement if it helps??

Thanks in advance, Gem xx