Jump to content

plappyflugilips

Registered Users

Change your profile picture
  • Posts

    64
  • Joined

  • Last visited

Reputation

1 Neutral
  1. Also, Robinson Way are still logging Defaults against my name, despite the fact that I've been paying through the CCCS, and despite the fact that Cahoot have already issued a default against my name for the same debt. Any guidance here is greatly appreciated. Feels like my situation is just getting worse and worse and no amount of letter writing is doing anything to help.
  2. One thing I've just noticed. On this page: Flickr Photo Download: Scan Of CCA 2 ...there is no signature in the bottom right corner, under "Signed on behalf of Abbey National Cahoot Limited". Does that matter? There is a signature in the space above, where it says "Signed on behalf of Cahoot, a division of Abbey National plc"
  3. Yes it is my signature. Bad news on the credit limit thing then. According to my record on the Annual Credit Report website, Cahoot issued a default in May 2008. It also shows a default for "London Scottish Bank Plc" every month from Feb 2009. Not "London Scottish Bank (In Administration)" I can't find copies of the defaults - should I ask for them? Also, I was expecting to receive some kind of proof that the debt has been assigned to Robinson Way, but only got the original Cahoot agreement.
  4. I notice that, under "Credit Limits" it states: "We will tell you from time to time what your credit limit is" From other threads I see that this is being used as grounds for arguing against the enforceability of the agreement. Are there any other omissions / discrepancies which would bolster my case? (I've deleted the exact date on the agreement but it's mid-2000, should that have a bearing on things)
  5. Larger versions: Page 1: Flickr Photo Download: Scan of CCA 1 Page 2: Flickr Photo Download: Scan Of CCA 2
  6. Unexpectedly, I today received a copy of the CCA agreement. The accompanying letter states "Further to your recent request for a copy agreement in respect of the above account, we now enclose that document for your immediate attention. We need to hear from you with your proposals for settlement of your account, which is long overdue, within 10 days." The agreement is on two A4 sheets - photocopies. I've scanned it in and uploaded it onto Flickr in the hope that someone can cast their eyes over them and please and let me know whether they conform with the CCA. I can't seem to find the guidelines. Page 1: Scan of CCA 1 on Flickr - Photo Sharing! Page 2: Scan Of CCA 2 on Flickr - Photo Sharing! Thanks in advance for any help.
  7. Just drafting my next letter ready to send when the deadline expires on the weekend. Looking through the templates library I found a suitable letter to use at this stage: Penalty Charges Forum - View Single Post - Letters Library for Debt Matters ... but I find that letter a bit vague. It doesn't seem to tell the recipient exactly what I'm after, which is to have the debt wiped out. Instead it leaves the ball in their court to "make a decision". I'd be interested to know, has anyone else sent this letter, and what kind of result did it achieve?
  8. The deadline is up at the end of this week. I'm beginning to feel quite optimistic about this whole CCA lark...
  9. Just had another letter from Robinson Way dated a day later than the one mentioned above. "We acknowledge your recent letter. We confirm that we have requested a copy of the agreement from Abbey and still await their response. We are aware of our obligations under the CCA regarding enforcement of the debt following a request for copy agreement. We advise you that the account was put on temporary delay following your request to ensure suspension of collection activity during this time. Our position therefore remains the same; we will report the current status of the account to the credit reference agencies where appropriate. As soon as we have confirmation of the agreement we will forward this onto you. We trust this clarifies our position." Sounds like they think they're exempt from the clause concerning the registering of information with credit reference agencies. Suppose I'll just have to wait now, to see if they can produce the original signed agreement....
  10. I sent them this anyway. I want to have a record of me sending lots of letters explaining the situation just so there can be no misunderstandings. Dear sir or madam Thank you for your letter of 20th May. In your letter you refer to an offer or repayment which you seem to think I have made. I would like to clarify that I have not made an offer of payment. Both of my previous letters related to my rights under the Consumer Credit Act 1974, Sections 77 & 78, and were in no way related to any offer of repayment of the alleged debt. I do not acknowledge ANY debt to your company. Under Sections 77 and 78 of the Consumer Credit Act 1974 you must supply me with a true copy of any alleged signed, executed credit agreement in relation to the above account, on payment of a fee of £1.00. This payment was included with my original request. Under the above Act, a creditor has 12 working days to supply this document to the debtor. Royal Mail confirms that you signed for the first letter on -date- and so this deadline expired on -date-. A reminder letter was sent to you on 14th May and Royal Mail confirms that you signed for this reminder letter on -date-. Thus far I have not received the documents requested. This means that you are currently in default of my request. Whilst your default continues, you are not entitled to enforce any part of this alleged agreement. This includes, but is not limited to, the following: • You may not demand any payment on this alleged account, nor am I obliged to offer any payment to you. • You may not add any further interest or charges to this account. • You may not pass this alleged account to any third party. • You may not register any information in respect of this alleged account with any of the credit reference agencies. • You may not issue a default notice related to this account. Please also note that to register information with the credit reference agencies, or to issue a default notice, would also be in breach of Section 13.6 of The Banking Code, which stipulates that you can only register such information if the amount owed is not in dispute. You have a calendar month from the expiration of the 12 working days to rectify your default. Therefore, I must receive the document I have requested by -date-. If you do not have any signed agreement in relation to this account, please confirm this in writing. I will be making no further payments to this account until this matter is resolved to my satisfaction. It would be a breach of the Administration of Justice Act 1970 for you to continue to take any action against this account whilst this default remains. Please conduct all communication with me regarding this account in writing only. For your convenience, I include a copy of my original request letter. All letters have been sent to you by Recorded Delivery so I can prove that you received them if necessary. I look forward to your swift response. Yours faithfully
  11. Had a bizarre reply from Robinson Way today. Progress as follows: 27.04.09 Initial CCA'74 credit agreement request letter sent requesting reply within 12 working days. -no response- 14.05.09 Reminder letter sent giving a further calendar month. Next deadline is 14.06.09. 22.05.09 Letter from Robinson Way saying "With reference to your offer of payment of the above account we regret that your offer was not accepted by our client. In order for us to conclude this matter we urge you to telephone us so that a satisfactory settlement figure can be agreed. One of our payment counsellors will be able to negotiate settlement terms on your behalf it is in your best interest to contact this office now." I have not made any offer of repayment. What are they on about? And why don't they use correct grammar or punctuation? Are they thick? I'm not sure whether I even need to reply to this letter. The clock is ticking regarding the CCA request whether they understand it or not. My letters could not have been clearer and I have proof of delivery.
  12. OK, ta. Hope someone in here can help! (and perhaps correct my typo in the subject line too!)
  13. Hi Scarlet, No, the default is just down as "London Scottish Bank Plc". Does it make a difference?
×
×
  • Create New...