Toulose, Is the third one (Disclosure before proceedings start) a letter or an information sheet to go in with the other two letters?

DOUBLE fun!

Oh yesssssss!!!!!!!!!

Excellent letter indeed! I hope they add it to the template gallery.

Ditto! We can bamboozle them together lol

What a fab letter!

lol

Luv the letter! LOL. Will use it.

Thanks Guys for all your input on this. Would you also be able to take a look at the letter I recevied from Crapbot @ http://www.consumeractiongroup.co.uk/forum/show-post/post-2071648.html and help me draft a letter to blow up the points in his letter? lol.

Low-ells reply to my S10 and Default letters is below:

The fun and games begin! Cabot's reply to my S10 and Default letters, for my both Debts, are below. I replied to Crapbot with the following letters: Date: 4 April 2009 Ref: By: Recorded Delivery Mr Steve Perring Customer Assurance Adviser Cabot Financial (Europe) Ltd 1 Kings Hill Avenue Kings Hill West Malling Kent, ME19 4UA Dear Sir/Madam YOUR REFUSAL TO STOP PROCESSING MY DATA. I acknowledge receipt of your letter dated 24 March 2009 written in response to the notice served upon you under Section 10 of the Data Protection Act 1998 a copy of which is attached for your convenience. I take note that you claim authority to process my data under Schedule 2 Paragraph 2(a) of this Act and acknowledge that you claim no rights under any other subsection of this paragraph. Unfortunately I believe you to be confused as to your legal position in the matter and consider your response to be legally flawed and thus in breach of my Section 10 request. The next logical step should be for me to seek enforcement of the order under a civil Court action but I feel even at this late stage this is something which can be avoided were we to co-operate in the matter. This letter contains within it a notice under the Civil Procedure Rules, I am of the belief that if the CPR Pre Action Protocols are followed diligently by both parties then litigation is likely to be unnecessary. Schedule 2 Paragraph 2 (a) of The Data Protection Act 1998 reads thus: 2. The processing is necessary: (a) for the performance of a contract to which the data subject is a party, This is where your confusion arises, I shall try and explain it simply for you. Might I also suggest that if you require further clarification in the matter that you acquire yourself a copy of the excellent book on the Law of contract written by Guenther Treitel? This is a highly informative tome and is frequently used as a reference in these matters by Lawyers and Judges right up to the very highest levels of the British Judiciary system. You seem to believe that a contract exists between yourselves: Cabot Financial (Europe) Ltd and myself: REMOVED yet no such lawful contract exists nor has it ever existed. I believe the confusion you suffer and the mention of contract arises from your purchase under a debt sale agreement and claimed assignment under Section 136 of The Law of Property Act 1925 of an account originating with Hitachi Nova such account carrying my name. Under English Law only the benefits and interest thereupon can be assigned (subject to equities), the burden/obligations of the contract itself cannot. For the contract to be legally assigned to yourselves a novation must occur. This novation would explicitly require the consent of both parties to the original contract in order that the obligations of that contract be transferred to a third party. I categorically state that at no time have I entered into a novation with yourselves and Hitachi Nova as the other parties. You are attempting to claim duties which lawfully rest with Hitachi Nova under contract by virtue of an assignment and this is not lawfully meritorious. This is common legal ground, without this basic matter of legal principle you could claim rights under Schedule 2 Paragraph 2(a) Data Protection Act 1998 to process data relating to any contract to which I am a party. You could for example claim right to share data about my mortgage or my car insurance or even my golf club membership. The law and the slightest modicum of common sense tells us that you may not take these actions because you are not a party to the contract involved. Sadly you apply a different logic to the case in hand. You claim to be party to a contract yet have failed to produce a true signed copy of this contract despite request. I personally and the Courts most definitely will expect you to produce any such written document in the event of litigation. In the absence of any documentation to support your claim that myself and Hitachi Nova are legally bound by contract I am left with no option but to refute your claim made under Schedule 2 Paragraph 2 (a) of The Data Protection Act 1998 as lawfully unmeritorious. As I state above the next logical step would be for me to seek enforcement of the Section 10 order through the County Courts. It would be both churlish and a breach of protocols to rush into litigation against yourselves without satisfying all other avenues of settlement in this matter and establishing both the merit(s) of my cause(s) for any intended action and my being able evaluate the likelihood of success prior to proceedings being initiated. The facts of the matter are thus: You claim right under contract to process my data and I state you do not have right under contract since no such contract between ourselves exists nor ever has existed. Surely common sense tells us that litigation with a view to enforcement can easily be avoided upon production by yourselves of either of the following two documents? 1) A true copy of a contract signed and entered into between myself: REMOVED and your Company: Cabot Financial (Europe) Ltd. 2) A true copy of any document of or purporting to be representative of a novation between myself: REMOVED and Hitachi Nova and Cabot Financial (Europe) Ltd. Such document to bear the signatures of all three parties. Receipt of either of these documents will be looked upon by myself as proof that you have contractual right to process my data as you claim and no action with a view to enforcement against your company under Sec 10 Data Protection Act 1998 will be forthcoming. I enclose within this letter a request made under CPR 31.16 of the Civil Proceedings Rules. I am making this request from yourselves in an attempt to clarify matters thus: I am embarrassed to admit that I have no knowledge of any contract existing between myself and your company and disclosure of these documents will help quickly establish the authenticity of your claim that such contract exists, whether any cause of action exists and may help me make an educated appraisal of the likelihood of success of any action I might bring against you. I am embarrassed to admit that I have no knowledge of any novation existing between myself, Hitachi Nova and your company and disclosure of these documents will help quickly establish the authenticity of your claim that such a novation occurred, whether any cause of action exists and may help me make an educated appraisal of the likelihood of success of any action I might bring against you. Disclosure of these documents at this stage will also undoubtedly save costs and court time should litigation ensue but more importantly might help us as the two parties involved find resolution without having to resort to litigation which I'm sure you will agree would be a far more amicable and likely less expensive way to conduct this dispute. I am a reasonable person and although this matter has been ongoing between us for some time now to my detriment I am still prepared to make the following gesture of goodwill towards yourselves with a view to avoiding litigation. I am prepared to give you 28 days from the date of posting (which has been recorded) in order to do either of the following: 1) Comply with the lawful request made under Section 10 of the Data Protection Act 1998 on 21 March 2009 or. 2) Provide all such documents as I request in the attached formal CPR 31.16 request notice enclosed within this letter. Failure to comply with neither one of these requests will result in my reviewing the situation. At that stage I may feel it is appropriate to issue you a reminder of your obligations and grant you an extension in order that you may comply or if I decide that you are deliberately frustrating matters I may at that stage look to begin proceedings against yourselves without further notice. Such proceedings will be in order to obtain enforcement of the Section 10 1998 notice of the 21 March 2009, a notice you acknowledge being in receipt of. Notwithstanding the fact that you are indubitably in breach of your obligations to keep any data processed accurate and up to date it is likely that any application for enforcement will centre upon the fact you claim to be in contract with myself. Obviously you will be called upon by the Court to provide a copy of this contract for inspection and analysis. As a further gesture of goodwill towards you in this matter I hereby state that I am prepared to meet your reasonable costs subject to these costs being incurred solely in respect of sourcing, reproducing and delivering the requested documents to me. You may supply me with a particularised invoice for these costs and I shall meet them promptly although I would expect prior to any payment being made that all the documentation made within the CPR 31.16 request has been provided to me. If there is anything in this letter which you do not understand I suggest you seek advice from a solicitor or a consumer credit advice centre such as the Citizens Advice Bureau. Yours Faithfully Date: 4 April 2009 Ref: By: Recorded Delivery Mr Steve Perring Customer Assurance Adviser Cabot Financial (Europe) Ltd 1 Kings Hill Avenue Kings Hill West Malling Kent, ME19 4UA Dear Sir/Madam FORMAL REQUEST FOR INFORMATION UNDER CPR PART 31.16 This request to be read in conjunction with enclosed letter dated 4 April 2009. For your convenience I enclose a true copy of CPR 31.16 as a further attachment. On 21 March 2009 I served you notice under Section 10 of The Data Protection Act 1998 to cease and desist, not to start processing or to provide good reason as to why you might continue to process my data and share it with third parties in a manner which is causing me damage. I enclose a copy of the original notice sent you under Section 10 Data Protection Act 1998 for your convenience. You responded with the incorrect assertion that you have right under Schedule 2 Paragraph 2(a) of the Data Protection Act 1998 since you believe me to be party to a contract with yourselves. I have in the letter enclosed with this notice and cross referenced to this notice set out the reasons why I feel you are incorrect in this assumption of right under contract. I have also quite clearly stated that the overriding principles of this CPR 31.16 request are to establish the following: 1) Whether any such contract exists or has existed. 2) In the event that such contract exists whether your claim is compliant with the terms of that contract. 3) Whether any novation of a contract has occurred in your favour from any contract ever entered into between Myself and Hitachi Nova 4) In the event that such contract or novation exists and contain contractual rights in your favour that I may immediately cease and desist from seeking litigation against yourselves in the matter. 5) In the event that such contract or novation does not exist that I may accurately assess the case with a view to establishing a cause for action. 6) In the event that such contract or novation does not exist that I may make informed assessment of the likelihood of success of any litigation I may bring. 7) In the unlikely event that I have entered into contract containing a provision or clause therein that the contract may be assigned to your company in its entirety without further involvement in the matter by myself, sufficient documentation should be provided in order that I might make informed assessment whether that assignment has been perfected in law and that such assignment is valid. Your compliance with this request may well result in enforcement action being deemed unnecessary and/or unmeritorious by myself and is very likely to save both parties much time and inconvenience. It will also have an overbearing influence on any decision I might take in the future as to whether to seek enforcement so it is quite pertinent to state that much Court time and expense might be avoided by your complying with this simple request. Since this matter as it stands now is likely to be subject to proceedings and given that your organisation is likely to be a defendant in any action which would be brought by me, I must draw your attention to Civil Procedure Rules part 31.16(3) © & (D) which gives the court the power to order you to disclose these documents to me. I hereby formally request from yourselves the following documentation in order that the overriding principles of this lawful request may be met. a) A true copy of any contract entered into between myself: REMOVED and Cabot Financial (Europe) Ltd, such document to bear the signatures of both parties. or. b) Only if the document referred to as 'the contract' in (a) above cannot be produced then either of the following two documents: (i) A sworn statement that such document does not exist. or: (ii) A true copy of any document of novation between the three parties namely myself: REMOVED and Hitachi Nova and Cabot Financial (Europe) Ltd, such document to be bearing the signature of all parties to the original contract and the novation thereof. or. c) A true and signed copy of any contract agreement entered into at any time between myself: REMOVED and Cabot Financial (Europe) Ltd, such agreement to be bearing the name of your company: Cabot Financial (Europe) Ltd explicitly named as a third party to whom any rights under this contract may be assigned without the consent of both originating signatories to the contract. and d) A true copy of the deed or document of assignment of the account in question. Such document to be created in accordance with Sec 136 Law of Property Act 1925. e) Proof that this assignment was lawfully perfected by virtue of a notice of assignment served in accordance with Sec 196 of the Law of Property Act 1925. f) A copy of any contract of sale between Hitachi Nova and Cabot Financial (Europe) Ltd. I permit this document to be redacted in order to remove any commercially sensitive information but am explicit that any terms of the contract purporting to pass rights to the original contract whether explicit or implied be left in their entirety. g) Proof of purchase of this account from Hitachi Nova such proof to be dated. h) In the event that any documentation mentioned in sections a) to g) of this request cannot be supplied; Written explanation as to why such documentation cannot be produced. Failure to provide this information may result in me initiating litigation against yourselves without merit or unnecessarily and without further notice subject to the conditions I offer you in the accompanying letter. Additionally I will ask the court to make an order for my costs in bringing this application and reserve the right to disclose all communications in this matter before the court should such an application become necessary Please confirm by no later than 4pm on 18 April 2009 that you will comply with my request or if you will not comply, please provide your reasons in writing. Yours Faithfully Disclosure before proceedings start 31.16 (1) This rule applies where an application is made to the court under any Act for disclosure before proceedings have started1. (2) The application must be supported by evidence. (3) The court may make an order under this rule only where: (a) the respondent is likely to be a party to subsequent proceedings; (b) the applicant is also likely to be a party to those proceedings; © if proceedings had started, the respondent’s duty by way of standard disclosure, set out in rule 31.6, would extend to the documents or classes of documents of which the applicant seeks disclosure; and (d) disclosure before proceedings have started is desirable in order to: (i) dispose fairly of the anticipated proceedings; (ii) assist the dispute to be resolved without proceedings; or (iii) save costs. (4) An order under this rule must: (a) specify the documents or the classes of documents which the respondent must disclose; and (b) require him, when making disclosure, to specify any of those documents: (i) which are no longer in his control; or (ii) in respect of which he claims a right or duty to withhold inspection. (5) Such an order may: (a) require the respondent to indicate what has happened to any documents which are no longer in his control; and (b) specify the time and place for disclosure and inspection.

lol

EDITED: TANNOY ANNOUNCEMENT: "Clemma the Manager to Checkout 2 please". Better?

The bar stewards. This is their reply to my Stop The Harassment letter. Dear Customer # By signing your loan agreement you agreed to Terms and Conditions outlined in the "Consent to Electronic Communication" section. Therefore, we are within our rights to contact you. If you have any queries, please feel free to contact our Collections Department. QuickQuid Collections Department Direct Line 0808 234 4561 Fax 0808 101 1381 Collections@QuickQuid.co.uk Payday Loans: Quick Payday loans @ www.QuickQuid.co.uk Cherese M I don't know what to reply to this! TANNOY ANNOUNCEMENT: "Clemma to Checkout 2 please". EDIT: Below is the relevant part of the Agreement: CONSENT TO ELECTRONIC COMMUNICATIONS: By signing this Loan Agreement, you agree that, subject to any applicable law or regulation, any disclosure, notice, record or other type of information that is provided to you in connection with this Loan Agreement ("Communications") may be sent to you electronically by sending it to you by e-mail to the address you have provided to us in your loan application. We may also post information in connection with this Loan Agreement at our website, www.QuickQuid.co.uk, but we will notify you by e-mail when we have posted such information. We will not be obliged to provide any Communication to you in paper form unless required by an applicable law or regulation, or if you specifically request us to do so. You must ensure that you notify us of any changes to your e-mail address by writing to us or sending us an e-mail, using secure messaging, at least five (5) days before the change.

Yep.

OOPS! Sorry I didn't see your reply sooner. PM and let me know if you still want a copy of the letters.

lol. I'll get the champayne on standby for you. Yes, Clemma is my little babes.

S**t, does it matter if I send them a cheque instead of a Postal order? Its actually my Dad's cheque book (as I ain't got one) so they couldn't put it on a Dodgy Credit Agreement anyways.

Ooohhh well a complaint is also going to be fired of to the OFT.

CCA Request: Date: 2 April 2009 Ref: By: Recorded Delivery Cap Quest (aka The Big RED Scary Letter People) Fleet 27 Rye Close Fleet Hampshire GU51 2QQ Dear Sir/Madam I DO NOT ACKNOWLEDGE ANY DEBT TO YOUR COMPANY OR ANY COMPANY YOU CLAIM TO REPRESENT. Please note my correct address, as above. This letter is a formal request pursuant to s.77/78 of the Consumer Credit Act 1974. I require you to provide me with a true copy of the Credit Agreement relating to the above account, together with any other documentation the Act requires you to provide. I expect you to comply fully and properly with this request, within the statutory time limit. You are reminded that should you fail to comply with my request, the provisions of s.77(6) will apply. If it is your view that you are not the creditor, s.175 of the CCA 1974 applies in the case of a simple assignment, and places a duty upon you to pass this request to the creditor. In the case of an absolute assignment, you are a creditor as defined by s.189. If you contend that you purchased the rights but not the duties of any agreement, you are reminded that s.189 of the Act is clear that an assignment is of both rights and duties. Your attention is drawn to ss.5(2), 3(b), 6 and 7 of the Consumer Protection from Unfair Trading Regulations 2008 (CPUTR). I enclose a cheque in the sum of £1.00, which is the statutory fee. Note that these funds are not to be used for any other purpose. If you are unable to comply fully and properly with this request, you should confirm this in writing at the earliest opportunity, and certainly within the statutory time limit for compliance, and return the fee. I look forward to hearing from you in writing. Yours Faithfully Off to write the £1 cheque now...

Well Argos finally caught up with me, even though they had my address for over a year lol. Here is their all red letter they sent to me and its soooo red that I am soooo scared and will pay up straight away NOTTTTTTTTTTTT. CCA letter is being written!

I am not going to send them the CCA letter, as they will produce the online CCA and screen-shot of account details (according to other posts I have read in CAGS). Then when they pass the debt to a DCA (which is usually 1st Credit), I will CCA them and let the fun begin!

I only got a payday loan from them when I was in dire-straights finance-wise. They are doing my flamin nut in as they send me the following email nearly every day: Dear Customer # This email is to remind you of your severely past due loan with QuickQuid. Payment on this loan needs to be made immediately. If we do not receive a response, we will take that as a refusal to pay and will take appropriate collections measures which include, but are not limited to, the use of a third party collections agency or through Her Majesty's Court Service. We value you as a customer and would like to help you resolve this matter. Currently, your balance is GBP 545,62 and FULL PAYMENT MUST BE MADE IMMEDIATELY as your account is over 90 days past due. Please understand that this message is very urgent and requires immediate attention. Please contact us immediately to resolve this matter. QuickQuid Collections Department 0808 234 4561 Direct Line 0845 101 1381 Fax collections@quickquid.co.uk www.quickquid.co.uk So I am sending them the following letter: Date: 27 March 2009 Ref: By: Recorded Delivery & Email Quick Quid/CashEuroNet UK Communications House 26 York Street London, W1U 6PZ Quick Quid/CashEuroNet UK 100 New Bridge Street London EC4V 6JA Dear Sir/Madam HARRASSMENT VIA EMAIL I am writing in relation to the quantity and frequency of emails that I have received from your company, which I deem to be personally harassing. I have verbally and via email, requested that these emails stop but I am still receiving emails from you several times a week. I now require all further correspondence from your company to be made VIA LETTER ONLY, TO MY HOME ADDRESS ABOVE. I am of the view that your continued harassment of me via email puts you in breach of Section 40 of the Administration of Justice Act 1970, and the Protection from Harassment Act 1997. If you continue to harass me by email, you will also be in breach of the Communications Act (2003) Section 127 and I will report you to OFCOM, Trading Standards and The Office of Fair Trading, meaning that you will be liable to a substantial fine. Be advised that any further emails from your company will be used as evidence of harassment and further proceedings will be instigated against you. I look forward to hearing from you, VIA LETTER ONLY, TO MY HOME ADDRESS ABOVE. Yours Faithfully