Unenforceability & Template Letters III

never-in-doubt

scarednshakin wrote: »

Sorry Niddy, slap on wrists will try to do better

Moorcroft letter refers to the account we got the super dooper long letter from BOS today. They want us to contact them about a repayment proposal.

Thanks for sorting out a letter, n sorry again, as you may have quessed not that techncially minded. Ta SNS

Hiya

No problem.... so you're saying that moorcroft have written and expect you to call them, regards to the letter you received that I just said i'd respond to on Sunday - yea? I need this right in my mind!

If so then ignore it and i'll write to them for you at the same time and post both up here for you to print and send at the same time. Muppets - they annoy me with their stoopid tactics!

I am going to rip them a new arsey anyway for their classic quote of the non descript "Good Law" - god only knows what good law is when it's at home :rotfl: :rotfl:

I think they may have meant Case law or good practice but all law should be "good" in some way or another - muppets! I'll sort it later as I say, you may need to remind me Sunday though

impetus

HI Nid,

I think the Alliance & Leicester are giving me the runaround. I sent them the CCA request in December and a reminder well after the 12 days had elapsed. They have sent back my original request and the cheques I had enclosed for £1. In the first reply they demanded £11 to provide the information. Now they have demanded £10 for as they put it a "Data Subject Access Request"

I have used the template to request the CCA abd reiterated that is what I want in my second letter. The reason they have sent me my original letters is to "avoid any confusion"

Do I cave in and ask for the whole lot? Or do I now formally complain? This account is part of my DMP but they are probably the only creditor not to have agreed to my proposals. Most of the others accepted back in October.

never-in-doubt

impetus wrote: »

HI Nid,

I think the Alliance & Leicester are giving me the runaround. I sent them the CCA request in December and a reminder well after the 12 days had elapsed. They have sent back my original request and the cheques I had enclosed for £1. In the first reply they demanded £11 to provide the information. Now they have demanded £10 for as they put it a "Data Subject Access Request"

I have used the template to request the CCA abd reiterated that is what I want in my second letter. The reason they have sent me my original letters is to "avoid any confusion"

Do I cave in and ask for the whole lot? Or do I now formally complain? This account is part of my DMP but they are probably the only creditor not to have agreed to my proposals. Most of the others accepted back in October.

Hiya

No, you do not have to pay £10 or £11 - it is £1 for a s.78 (CCA1974) and £10 for a s.7 (DPA1998)

Two different things, regulated by different bodies and totally different info needs to be sent.

If anything, be clever and copy my SAR Request template from page 1 and print it and mark it as Exhibit A and then do the same with the CCA Request letter and mark this Exhibit B and then send both in with the same cheque and tell them to learn the law and do what you asked.

In fact, they have directly breached CCA1974 s.78 and as a result the account is no unenforceable. They've actually helped you. So depends how you want to play this, you can if you like send the final response - No cca recieved or argue the point like I suggest above.

Either case, no court action can be taken as the account, right now, is totally unenforceable and no monies should be paid into the account from here-on-in.

Hope that makes sense

Suffice to say A&L know nothing - personally i'd rather teach them the laws and write back being snotty, but that's me!

scarednshakin

never-in-doubt wrote: »

Hiya

No problem.... so you're saying that moorcroft have written and expect you to call them, regards to the letter you received that I just said i'd respond to on Sunday - yea? I need this right in my mind!

If so then ignore it and i'll write to them for you at the same time and post both up here for you to print and send at the same time. Muppets - they annoy me with their stoopid tactics!

I am going to rip them a new arsey anyway for their classic quote of the non descript "Good Law" - god only knows what good law is when it's at home :rotfl: :rotfl:

I think they may have meant Case law or good practice but all law should be "good" in some way or another - muppets! I'll sort it later as I say, you may need to remind me Sunday though

Hi Niddy

Yep, got it in one. Moorcroft want us to phone them (don't think so) to arranged repayment.

Can I just say that I love your way with words :rotfl::rotfl::rotfl::rotfl:

Cheers mate

underworld

never-in-doubt wrote: »

Usually they sell it to a DCA, then they will default you or whatever - but once it goes to the DCA you can haggle for lower settlement. Or you can just ignore them - being you'll have other cards due to get defaulted.... if they then try and ccj you or whatever, agree to some repayment plan.

Thanks, I'll sit tight for now and see how it pans out

BigCraigJohn

Again your an absolute legend.
Sorry if this posted elsewhere as it probably is but I cant see it and i'm sure others will ask but how do I do a digital signature?, I know these have my signature as I banked with them and had credit as recent as 3 years ago. Is a photocopy of the letter with my signature sufficient and surely they couldnt use this?

never-in-doubt

BigCraigJohn wrote: »

Again your an absolute legend.
Sorry if this posted elsewhere as it probably is but I cant see it and i'm sure others will ask but how do I do a digital signature?, I know these have my signature as I banked with them and had credit as recent as 3 years ago. Is a photocopy of the letter with my signature sufficient and surely they couldnt use this?

BigCraigJohn

or

BigCraigJohn

= digital signatures! Its the font you use! lol :rotfl: :rotfl:

BigCraigJohn

never-in-doubt wrote: »

BigCraigJohn

or

BigCraigJohn

= digital signatures! Its the font you use! lol :rotfl: :rotfl:

Lol ok.

never-in-doubt

BigCraigJohn wrote: »

Lol ok.

make sense now mate - everything hunky-dorey?

BigCraigJohn

never-in-doubt wrote: »

make sense now mate - everything hunky-dorey?

It does, ive read so much on here and on CAG and took so much in over the last couple of weeks I just miss the silly things.:beer: