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diskmandave

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Everything posted by diskmandave

  1. Thanks Bookworm, I should have seen that this was a newer forum user and shouldn't have ackronymed everything! But in my defence, the OP seems aufait with the most basic ackronyms Considers my legs to have been slapped hard and will remember in future! The I do not acknowlege anything... CCA Request..... (change to suit needs) I do not acknowledge ANY debt to your company. I require you to supply the following documentation before I will correspond further on this matter. 1. You must supply me with a true copy of the alleged agreement you refer to. This is my right under your obligation to supply a copy of the agreement under the legislation contained within s.78 (1) Consumer Credit Act 1974 (s.77 (1) for fixed sum credit) - your obligation also extends to providing a statement of account. I enclose a £1 postal order in payment of the statutory fee, PO Serial Number xxxxx. 2. A signed true copy of the deed of assignment of the above referenced agreement that you allege exists. 3. You are notified that you are obliged to supply these documents, whether you are the original creditor or not under S189 of the CCA 1974. Non-compliance with my request is a criminal offence under the above Act and will result in a report being submitted to the relevant statutory authorities. As you are aware, a credit agreement that is not properly documented and signed by the customer is totally unenforceable under the CCA and therefore is a complete defence to any court claim that is issued. Take note at this stage, that any legal action you may contemplate will be both vigorously defended and contested. Hope this helps and clarifies Regards - Dave.
  2. Absolutely outrageous! Do MBNA on wiki ! My debt to MBNA is with Wescott now (3800) and paying 10.00/mo CCCS Regards - Dave.
  3. Instantly... "I don't acknowlege nothing"... CCA Request. £1 PO... CCA Request. Report to Police, T/Standards, OFT. In this case "I" would send special delivery letter rather than recorded post! May cost more but absolute proof of delivery! Be as rude to them as they are to you! Police first, & quote crime number to DCA. Hope that helps! Good luck - Dave.
  4. CCA must be signed by them too! Unless someone with more experience comes and says i'm wrong, STOP paying and see where it goes, like I said it's still at stage 1 of collection process. Send them the statute barred letter (with dates), should they come back to you, then say they have no legal right to ressurect the debt, even given the payment/s that you were bullied (with legal threats) into making. You could also mention that you are making complaints to OFT/TS/POLICE. This is still only in the 1st stage of collection, come back for more advise or help should you need to. Good luck, Dave.
  5. I look after my Mum too I can see that you're as protective as I am :)
  6. As a total newby here... as you know their letters when they come, can't you send them back un-opened, with a colour printed strip on them stating return to sender, warning under protection from harrassment act, do not write again or criminal complaint will be made. I got some p0rn (un-solicited) in the post a few years ago, I did this and I had the Police banging on my door the very next day! As soon as they realised what was going on they took my formal complaint with the utmost blinding seriousness!!! Hope this helps! Even just a little bit:) Regards, Dave.
  7. The agreement sounds wrong, as it should be signed (etc) by the lender too, unfortunately, by paying the £1/mo you might have re-set the limitation. Unless it was already statute barred which IMHO it can't be legally resurrected once already legally statute barred...? If "me" i'ld stop paying the £1/mo and see where it goes as, if they do start hassling you again you can always come back and ask for advise, as they are still only in the first stage of the collection process. I'ld also be tempted to send them the, "statute barred letter" in bold text! I'm sure someone more knowlegeable will advise better (those who don't try don't get!) Best Regards, Dave.
  8. In the mean time that someone more knowlegable comes along, have you tried these guys, they're a national registered charity. CCCS And it's free!
  9. Just a thought, have you reported them for committing the criminal offence? OFT/TS/POLICE? I'ld be including this in a letter too
  10. Amongst other things, I would be sending them a letter stating the criminal offence of the previous collectors. I'm sure someone a bit more clued up can help though It's for them to comply within the timescales and not us to keep letting them move the goalposts!
  11. Maybe you could send them the CCA letter? But as you've seemingly acknowleged the debt, not the one beginning I do not acknowlege... Start off with, (maybe) further to taking legal advise... And then the standard CCA letter, include £1 p.o. and send by rec/del. I'm not sure "i'ld" stop paying on the agreement until it had gone into default at least though? JMHO! Regards - Dave.
  12. Just found this on a blog, thought it was funny! Mirror Blogs: Mirror Investigates: Andrew Penman: January 2007: the debt collector
  13. :lol: You've obviously been doing a lot of reading! Go for it! :lol:
  14. They will reply with what looks like a personalised letter which is actually an auto generated one, after 12 days they are in default (Royal Mail tracking), after a further calender month they have committed the criminal offence. Good Luck
  15. Deny it strongly, this is going almost word for word how they started with me! Refuse to go through security with anyone who calls and tell them you've written to them. Good luck, Dave.
  16. This is what I sent them on someones advise... Change to suit your situation.. I keep meticulous files and copies of everything, but this is down to the individual. Mr xxxxx xxxxxxx, xx xxxxxxxxxx xxxxx, xxxxxxxxxxxxxx, xxxxxxxxxxx, xxx xxx. Reference No: xxxxxxxx xx/xx/2007 Dear Sir/Madam, I refer to letters dated 25/12/2006 and 03/01/2007 which were both recieved today in respect of a very old Capital One account. I am informing you that this account is still in dispute and that it was indeed Capital One whom breached the agreement, not me. I trust that you will not further attempt to collect any alleged outstanding amount whilst there is a dispute still in force. I do not acknowlege any debt to you. Consumer Credit Act 1974 1. You must supply me with a true copy of the alleged agreement you refer to. This is my right under your obligation to supply a copy of the agreement under the legislation contained within s.78 (1) Consumer Credit Act 1974 - (s.77 (1) for fixed sum credit). I enclose a cheque to the value of £1 in payment of the statutory fee. This is not to be applied as any kind of payment to the disputed account. 2. A signed true copy of the deed of assignment of the above referenced agreement that you allege exists. 3. You are notified that you are obliged to supply these documents, whether you are the original creditor or not under S189 of the CCA 1974. Non-compliance with my request is a criminal offence under the above Act and will result in a report being submitted to the relevant statutory authorities. As you are aware, a credit agreement that is not properly documented and signed by the customer is totally unenforceable under the CCA and therefore is a complete defence to any court claim that is issued. Take note at this stage, that any legal action you may contemplate will be both vigorously defended and contested. Yours sincerely, xxxxxxxxxxxxx
  17. I'm in the same boat (almost word for word) as you. Without delay send them the CCA Request and the £1 postal order by Rec/Del, the one that starts off, "I do not acknowlege any debt to your company", it got them straight off my back and they're now half way into committing the criminal offence. Don't forget you can also go for Capital One with a S.A.R - (Subject Access Request) to get the charges back as a back-up to them actually coming up with the original agreement. This is JMHO of course:D
  18. I read in a post by TheTerminator only yesterday that the debt can only be re-acknowleged in writing, might be worth looking for "that" post!
  19. And when you get yourself sorted and get a bit of confidence and experience you can start looking at all of the unlawful penalty charges which will probably reduce your debts greatly thus reducing the time it will take to pay them off. Good luck, keep posting and don't let anyone force you into anything you don't agree with or can't afford. Regards - Dave. :grin:
  20. I had two serious accidents in 3 years and ran up debts of around £15K, some of them out of pure spite and deliberately too. Spend as much time as you can on this website, and get to know how these people really work and the help that's available, you really can't go wrong here. I gaurentee you in a weeks time you'll wonder why on earth you got as worked up as your posts suggests.
  21. Yes I got sorted out in about six weeks from initial phone call, my circumstances were somewhat worse than yours sound like though, and for the record..... It's never to late/long! Call all of your creditors and tell them you're using CCCS that should buy you a little time, you might also mention CAG too. Or call CCCS first and get a reference number from them that you can quote to these creditors. As for not being good with forms, CCCS do it all for you. Took me a 2 hour appointment phone call, and they even call you! Consumer Credit Counselling Service - 0800 138 1111 Hope it goes well for you. Regards, Dave.
  22. No one will judge you here. CCCS This is free and they are a registered charity, they will do the same thing as Gregory Pennington, except, for nothing. And they are very good at what they do. When I was in your position (finally admitting I had a big problem), I called all the credit firms/banks and told them I was now in the hands of the CCCS and they all backed off immediately. Hope that helps some. Regards - Dave.
  23. The "contract" can only be made with the driver, the registered keeper has absolutely no legal obligation to provide them with the drivers details. Don't waste money on a solicitor, spend a little/lot time reading the private parking threads here, you could also go to pepipoo.com Just my humble opinion by the way!
  24. Paypal isn't an agreement made using the Consumer Credit Act.
  25. There is no credit agreement with Paypal! You agree to their terms and conditions on screen.
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