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batleyboy

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Everything posted by batleyboy

  1. I used to worry about the letters etc i was getting...not anymore I quite look forward to them! lol thanks fellow CAGgers!
  2. As mentioned above i have a postcard and the franking mark is exactly the same as one i recieved from HFO ( keep all envelopes!) if this helps!
  3. Hi guys, hope this helps please see below link http://i854.photobucket.com/albums/ab110/batleyboy1/postcards.jpg oh yes and subbing to this thread
  4. Ok will go for 20th... to be sure! below is a link for the postcard. hope its legible! http://i854.photobucket.com/albums/ab110/batleyboy1/postcards.jpg
  5. Hi Donkey Apologies, didnt get a notification that any replies had come through...will do today! As an aside can someone check these dates please from the segment of above letter?? " On 28th of August 2010 I made a formal request for a true signed agreement for the alleged account under consumer credit Act 1974 s77/8. This was signed for as delivered on the 1st of September 2010 You have failed to comply with my request, and as such the account entered default on 11th of September 2010). Is the 11th correct, the letter was posted on 28th but only signed for on 1st thanks! "
  6. sorry for some reason that link doesnt work exactly so had a search about.... do you mean.... Dear Sirs, Account no xxxxxxxxxxxxxx Re: my request under the Consumer Credit Act 1974 This account is in dispute . On xx/xx/2009 I wrote to xxxxxxxxx requesting that xxxxxxx supply me a true copy of the executed credit agreement for this account, you had until NN/NN/NNNN to comply with this request. You have failed to respond to this request in any way and as such I now put this account into dispute. Should you continue to pursue me for this debt you will be in breach of the OFT guidelines, I draw your attention to the Office of Fair Trading’s guidance on debt collection The OFT guidance which was issued July 2003 (updated December 2006) relating to debt collections and what the OFT considers unfair, I refer to page 5 of the guidance which states; 2.6 Examples of unfair practices are as follows: h. Ignoring and/or disregarding claims that debts have been settled or are disputed and continuing to make unjustified demands for payment. I require you to produce a compliant copy of my credit agreement to confirm I am liable to you or any organisation, which you represent for this alleged debt. I now reqire you to confirm that you actually hold a copy of the original signed agreement. If you do not hold an agreement, then I require you to confirm this, or if you do hold the original signed Agreement then I would ask for you to advise me in what form. I would remind you that the OFT state that creditors should not imply or state that an enforceable agreement exists if that is not the case. Should you ignore this request I will report you to the Office of Fair Trading to consider your suitability to hold a credit licence in addition to a complaint to Trading Standards. I respectfully request a response to this letter in 14 days Just print your name do not use your signature if there is a better one please let me know ! thanks!
  7. ok, by my maths they're not quite there..yet! will double check though! thanks BA!
  8. Keep half expecting to come home to court papers...no way to live lol. thanks, will chase SAR tomorrow. Can i force them to supply? I guess if I ve sent the SAR form with £10 PO ( which I have) then the answer is yes
  9. Is that what i have to look forward to then , realistically. Still cant fathom any method in the madness, if any. So question i guess now is CCA sent to HFO, no reply. SAR sent to OC, no reply ( but they may have a few days left on SAR). What should be my nexts steps. What are the implications of not fulfilling their CCA and SAR obligations and what are the implications if I do nothing and dont "bring them up" on their failure? cheers
  10. thats what i thought they normally use these for but they know i live here, i've sent them the harrassment letter etc so thats what made me think there MUST be another reason...maybe there really isnt and they re being clueless but i dunno
  11. and i m guessing the course of action for the postcard in respects to replying to it is DONT! just scan, file for ammo and send to the ICO/OFT thanks
  12. Hi Patrick, i gathered tehy may be one and the same not too much info comes up if you google them. ok so copy of postcard to ICO ( forgive me its been a month so i ve slacked and other things have taken my brain space lol) do we mean OFT? what are the implications for the OC and HFO in not answering my written requests within the timeframe? thanks in advance for your guidance,,, it is really appreciated!
  13. well an update, and some advice from you gurus please if I may! its now the 29th of Sept and no information from the OC, and until today absolutely nothing from HFO...until today! I have recieved a postcard with the company details of "Silver Point Deliveries" but with an SW19 postmark.. It basically says they hold some sensitive documents for me but they cannot release them until the recipient is confirmed. in then quotes a number and has a section which i believe is printed but is meant to look handwritten with my name address details plus a reference. WHats the aim of this? WHat should i be doing? As an aside do i need to make any offensive ( and in attacking not rude ) moves as neither company has effectively replied in time. thanks guys and gals!
  14. I havent but may well do that, am stirring up a huge hornets nest with Met Police, T Standards etc so why not them too.. Based on what people opinions of them on here I am not expecting a supportive answer but they would need to word carefully I am sure!
  15. oh have printed off signature sheet on rm.com for proof. nice lil folder building up here
  16. ok, both letters signed for and now I guess we just wait huh guys??
  17. I have received on of these, have sent copies in complaint to ; OFT : contacted me asking for me to complete an authorisation sheet so they can investigate and gave me an OFT ref number consumer Direct - who have passed to Trading Standards Have also a crime rep ref from my Police Force...awaiting crime reference number
  18. thanks broken, they ll be going recorded/special tomorrow and will track and print off signatures etc when received.
  19. didnt send to today as I want to see what you guys thought first.. if the 3 letters are ok by you guys ( and no suggestions for amendment ) will send tomorrow. can someone take a peek pretty please?
  20. Hi guys, off to post office this afternoon ( what a lunch hour! ) Would be appreciative if someone could check they re ok before i send! ok first one to OC " Re:− Your reference: xxxxxxxxxx I do not acknowledge ANY debt to your company. I require you to supply the following documentation before I will communicate further on this matter. Dear Sir/Madam Please supply me with all data that you hold on me. This includes in particular, but is not limited to, the following:- 1. The original signed, executed credit agreement/s and any terms and conditions that applied to the account at the time of default and at the time the account was opened. 2. Where there has been any event in my account history over this period which has required manual intervention by any person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to any account formerly held with Citi Financial. 3. True copies of any notice of assignment and default notices or enforcement notice that you sent me, with a copy of any proof of postage that you hold 4. Documents relating to any insurance added to the account, including the insurance contract and terms and conditions, date/s they were/ it was added and deleted. 5. Details of any collection charges added to the account; specifically, the date they were/it was levied, the amount of the charge, a detailed financial breakdown of how the charge was/charges were calculated, and what the charge covers/charges cover. 6. Specific details of the fees/charges levied by any other agency in respect of this account/these accounts and a detailed breakdown of said fees/charges and what each charge relates to and on what date said fees/charges were levied. 7. A genuine copy of any notice of fair use of my data as required by the Data Protection Act 1998 8. A list of third party agencies to whom you have disclosed my personal data and a summary of the nature of the information you have disclosed. 9. Copies of statements for the entire duration of the credit agreement/s. 10.Termination notices *_PLEASE NOTE_* that unless otherwise stated by yourselves and if the above documents are NOT provided, it will be CONFIRMED that you are unable to reproduce/provide in any way shape or form any copies of the above requested documents. You are reminded that you have a duty to inform me if you do not have the above documents. This is confirmed in High Court Law - Ezsias v Welsh Ministers - [2007] All ER (D) 65 (Dec) You are reminded that you are obliged to supply all the above documents in line with the Information Commissioners Technical Guidance update (Dated August 2007) I enclose the statutory maximum fee of £10. You have 40 days in which to comply. If there is specific information which you require in order to satisfy yourself as to my identity, please let me know by return. However, please note that the above address is the one which you normally use to communicate my private business to me and which you have hitherto found to be acceptable. Yours faithfully, " two to HFO " HFO Services Ltd PO BOX 342 West Byfleet Surrey KT14 6YX Dear Sir/Madam I do not acknowledge ANY debt to your company. I require you to supply the following documentation before I will communicate further on this matter. Re:− Your reference: xxxxxxxxxxxxx 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 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 postal order 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. We look forward to hearing from you. Yours faithfully " " HFO Services Ltd PO BOX 342 West Byfleet Surrey KT14 6YX Dear Sirs Harassment by telephone FORMAL COMPLAINT UNDER THE CONSUMER CREDIT ACT 2006 COMPLAINTS PROCEDURE I do not acknowledge ANY debt to your company. Your reference: xxxxxxxxxxxxxxxxxx I am writing in relation to the quantity and frequency of telephone calls that I have received from your company, which I deem to be personally harassing. I have verbally requested that these stop, but I am still receiving calls. I now require all further correspondence from your company to be made in writing only. I am of the view that your continued harassment of me by telephone 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 telephone, you will also be in breach of the Communications Act (2003) s.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. Please treat this also as a formal complaint, and send me a copy of your company complaints procedure. Be advised that any further telephone calls from your company will be recorded. Yours faithfully, " What do you think? Want to obviously make sure they re both "spot on" Thanks!
  21. update: Have OFT case number so that they can "monitor this trader’s fitness to hold a credit licence" and one from consumer direct now too who have passed to trading standards to investigate "a potential criminal offence for harassment". Would appreciate someone having a look at the letters and highlighting any thing or offering any suggestions before I send tomorrow ( with my postal orders) Thanks
  22. SRA I plan to send to the data protection address on citi site; Any comments / suggestions please? " I do not acknowledge ANY debt to your company. I require you to supply the following documentation before I will communicate further on this matter. Dear Sir/Madam Please supply me with all data that you hold on me. This includes in particular, but is not limited to, the following:- 1. The original signed, executed credit agreement/s and any terms and conditions that applied to the account at the time of default and at the time the account was opened. 2. Where there has been any event in my account history over this period which has required manual intervention by any person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to any account formerly held with Citi Financial. 3. True copies of any notice of assignment and default notices or enforcement notice that you sent me, with a copy of any proof of postage that you hold 4. Documents relating to any insurance added to the account, including the insurance contract and terms and conditions, date/s they were/ it was added and deleted. 5. Details of any collection charges added to the account; specifically, the date they were/it was levied, the amount of the charge, a detailed financial breakdown of how the charge was/charges were calculated, and what the charge covers/charges cover. 6. Specific details of the fees/charges levied by any other agency in respect of this account/these accounts and a detailed breakdown of said fees/charges and what each charge relates to and on what date said fees/charges were levied. 7. A genuine copy of any notice of fair use of my data as required by the Data Protection Act 1998 8. A list of third party agencies to whom you have disclosed my personal data and a summary of the nature of the information you have disclosed. 9. Copies of statements for the entire duration of the credit agreement/s. 10.Termination notices *_PLEASE NOTE_* that unless otherwise stated by yourselves and if the above documents are NOT provided, it will be CONFIRMED that you are unable to reproduce/provide in any way shape or form any copies of the above requested documents. You are reminded that you have a duty to inform me if you do not have the above documents. This is confirmed in High Court Law - Ezsias v Welsh Ministers - [2007] All ER (D) 65 (Dec) You are reminded that you are obliged to supply all the above documents in line with the Information Commissioners Technical Guidance update (Dated August 2007) I enclose the statutory maximum fee of £10. You have 40 days in which to comply. If there is specific information which you require in order to satisfy yourself as to my identity, please let me know by return. However, please note that the above address is the one which you normally use to communicate my private business to me and which you have hitherto found to be acceptable. Yours faithfully, "
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