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Arrow/Shoos claimform - old MBNA debt - settled by Tomlin - drydens now write saying pay us not Arrows?


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Not sure i agree ... having read Toxics posts I think he's got a handle on just whats required ! But reassurance is a powerful thing..

I'm no expert, as I'm sure you've gathered by now... But, I would draft the letter slightly differently, focussing on just one issue -- the legibility perhaps as that is enough to kill it stone dead..

I'd leave the other deficiencies for later as this then gives scope for a further dispute if they solve the legibility issue -- and there's always the chance that they will send an entireley different document later on and really give themselves problems..

The issue of the dates on the second agreement I would shut up about... for now at least... because if this ever came to court it's the silver bullet that will have their counsel gasping for words and expose them to any judge as the t$%*s they are...there is also the possibility if it came to it that the contract - if it exists - could be void for uncertainty -- that uncertainty being which agreement they are seeking to rely on..

So, my view is - keep it short -- confine the complaint to one issue.. keep in the bits about harrassment, and legal action and leave it at that...for now at least..

and definately keep your trump card firmly up your sleeve....just in case..

I'd be really grateful for your views on my cap 1 scenario..If you've time...

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/178832-cap-one-agreement-recieved.html

 

FOTN

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Thanks Muffintop & FOTN,

 

I think you are both right. Ive amended it to only include the illegability of the agreement...

 

Dear Sirs,

 

Account Number: XXX

 

Re; your recent reply to my request under section 77-79 of the Consumer Credit Act 1974

 

I note that you have replied to the above by sending a copy of an agreement which is illegible. I must inform you that this is not sufficient to comply with the request and that your company is now in default under the act.

 

The document that you are obliged to send me is a true copy of the properly executed Agreement that contained all of the prescribed terms, all other required terms and statutory notices and was signed by both your company and myself as defined in section 61(1) of CCA 74 and subsequent Statutory Instruments. If the executed agreement contained any reference to any other document, you are also obliged to send me a copy of that document. In addition a full statement of this account should have been sent to me detailing all debits and credits to the account.

 

 

The document or part of is not legible.

Regulation 2 states:

2 Legibility of notices and copy documents and wording of prescribed Forms

(1) The lettering in every notice in a Form prescribed by these Regulations and in every copy of an executed agreement, security instrument or other document referred to in the Act and delivered or sent to a debtor, hirer or surety under any provision of the Act shall, apart from any signature, be easily legible and of a colour which is readily distinguishable from the .

 

 

As you are no doubt aware section 78(6) states:

If the creditor fails to comply with Subsection (1)

(a) He is not entitled, while the default continues, to enforce the agreement.

 

As you have failed to comply with a Statutory Request for a true copy of the said Agreement and other relevant documents mentioned in it, and failed to provide some of the documentation requested, consequentially, any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS. Furthermore I shall Counter-Claim that any such action constitutes unlawful harassment.

Please note you may also consider this letter as a Statutory Notice under section 10 of the Data Protection Act 1998 to cease processing any data in relation to this account with immediate effect.

 

Furthermore you should be aware that a creditor is not permitted to take ANY Action against an account whilst it remains in dispute. This includes the following

 

* You may not demand any payment on the account, nor am I obliged to offer any payment to you.

* You may not add further interest or any charges to the account.

* You may not pass the account to a third party.

* You may not register any information in respect of the account with any credit reference agency.

* You may not issue a default notice related to the account.

 

Harassment

I have no intention of discussing this in any form other than in writing.

 

Please note, there is only an implied license under Common Law for people to be able to visit me on my property without express permission; the postman and people asking for directions (Armstrong v. Sheppard and Short Ltd [1959] 2 Q.B. per Lord

Evershed

M.R.). Therefore, take note that I revoke license under Common Law for your Employees or Agents or Representatives to visit me at my property and, if any of the above does so, your Company will be liable to Damages for a Tort of Trespass and Civil Action will be taken.

 

Legal Action

I reserve the right to report your actions to any such regulatory authorities as I see fit, and take such legal action for any of the following infringements of my civil liberties – Court action will be any or all of the following - Harassment, Distress and Trespass and any other unlawful activity that you see fit to engage in.

I hope this explains why your reply was unacceptable I await a legible True copy of the agreement including all other necessary documentation as specified within the act, and would remind you again that whilst the request has not been complied with the default continues.

 

 

 

Yours faithfully

 

Or maybe I should not rattle their boat and just send a simple reply saying I cant read it, please supply me with a more legible copy?

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Toxic, at least your getting some help now with your thread.

I know there were some threads detailing legibility I thought it was on Sunflowers distressing phone calls from mbna thread but its quite long and couldnt find it earlier, someone else may be able to point you to these issues.

 

I wonder if you know there is also a specific letter regarding harassment, it used to be when the protection from harassment act came in that you had to give someone a warning initially to stop their behaviour or course of conduct as it is stated that causes harassment alarm or distress (definitation by law)... in my mind the letter that is sent makes it quite clear that you are stating that eventhough when the account was opened you supplied contact numbers your are now withdrawing this privilage. There are specific templates for the harassment if you wanted to cover it separately (think one on my thread, and sunflowers, and in template library)

muffintop

Won Nationwide £900 and £1908 Bank Charges

Lloyds personal account 1,861

Lloyds Bus Account 2k

Abbey bank acc. Stayed 2008

 

CCA requested Barclaycard Nov 08 - n1 issued - GAVE UP

CCA Mbna Nov 08- n1 issued - GAVE UP

Marks and Spencer Money Nov 08 -lost found 2b enforceable.

Tomson Holiday - WON

 

if I help you tip my little scales it gives me a thrill. MT

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Yup Ive seen the template, just thought Id stick it in my dispute letter in case they reply back saying they will not accept any more correspondence, as they have done for some others.

 

To be honest I'm floundering around reading stuff all over the place. I am still clueless to the enforceability of either/both of my CCA's. One minute Im thinking there is no link from front to back, then Im thinking 'OK I can read it if I blow it up on my PC, maybe that makes it legible' then thinking why have i got two agreements, and more importantly how do I find out why', then Im thinking I should forget it, its all too hard, It might be easier just to go bankrupt.

 

Sorry that sounded like a rant. Maybe I just needed a release

 

*Rant mode - OFF* :oops:

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I know how your feeling Im scared stiff believe me... bankruptcy is not an option for my profession and Im not sure is always the best answer...

Why not blow your agreements up via photocopier this makes them easier to read, even got a magnifying glass, try to read them over and over and compare them. If there are many inconsistencies then its likely there is something wrong, if they dont send you the agreements then its likely they dont have them. What have you got to loose, your in dispute, it sounds like you prob have a shot credit rating anyway, ift hey have the agreement then fine, you will pay your debt back if they dont then you wont and your officially in dispute whilst your waiting. Its a roller coaster of up and down, I have been and still am exactly the same, some days I think I cant cope with this Im going to just pay them off and get them off my back, then I find something on here or read a success story, (one today) and I think I will carry on. You can always pull out prior to court if you wanted to.

muffintop

Won Nationwide £900 and £1908 Bank Charges

Lloyds personal account 1,861

Lloyds Bus Account 2k

Abbey bank acc. Stayed 2008

 

CCA requested Barclaycard Nov 08 - n1 issued - GAVE UP

CCA Mbna Nov 08- n1 issued - GAVE UP

Marks and Spencer Money Nov 08 -lost found 2b enforceable.

Tomson Holiday - WON

 

if I help you tip my little scales it gives me a thrill. MT

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Nope, credit rating is A rate currently - Never missed a payment. Im self employed but business is so slow this last year something has to give. Mortgage (house bought Jul 2007 now £26000 in negative equity - which is equal to a 25% drop in value!) and Income Tax take priority.Tax bill for last year will land any day now.

 

I have worked out I have paid more back than I have borrowed on my MBNA card but they wont entertain my request to lower the interest rate from 34.9%. Been paying the minimum for over a year (over £240 a month/ £2812 total in the last year) and the balance has only dropped by a few quid. Bar stewards!

 

I dont care if they trash my credit score any more. From reading everyone's experiences on here it seems the bankers do what they like regardless of the law anyway. My initial hope was to hang on to the business. that £240 a month would make a big difference.

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hiya toxicdebt

 

i understand totally what your fears are, i sent a letter for the inlegiblity and my complaint got rebuffed and i was told to go to fos, thats a few months now, i didnt go to fos i really dont think they will do anything in my favour, im in contact with trading standards and im going to see them soon

 

ive not paid them for the past 4 months, ive now got a letter saying if i dont contact them by end of the month my debt will be sold or they will take other legal avenues, yes pls take me to court so i then can cpr them for the information,,,,

 

mind you your payments are quite a lot compared to mine, my credit rating is prob pants now too, its about what you have to do to survive and i guess it s down to your own personal circumstances,

 

by all means send the letter and lets see what they say to you

 

keep positive, 6 months ago i thought i would immediately get a charging order be bankrupted, or baliefs at the door taking my stuff, but im still here and none of this has yet happened,

 

so far im feeling okay and feel safe with cag for support

 

take care laters angel x

Im happy to help with support and my own thoughts, but if I offer any thoughts to your problems please take it as from my life experience only and not of any legal standing. Always take further advice from the legal experts in your final action.:)

 

my new motto is,,,",Taking back control of your life and home - such peace is priceless"

 

This is all due to truecall device , have a serious peek at this you will be thankful like I am x laters angel :D

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Toxic,

 

don't panic.. I sympathise totally, Like you i'm self employed... income has evaporated..I've paid this lot plenty for years.. but now they've got to take a hit ... as I have done... I've spent loads on lawyers unsuccessfully trying to recover money owed to my biz ... so i know how hard it is to get someone to pay if they don't want to..

 

These co's operate on a fundamentally imoral biz strategy... first they offer you "free money"... they encourage you to get to your limit quickly... then they hike the rate so that you've no hope of reducing the balance and they can recover all they've lent and more...tot up what you've paid back and see...

 

So i'd have no compunction about taking them to the cleaners... in their rush to stitch us all up they've not kept their house in order... now that they've been found out they're using bully boy tactics..

Like you my rating is still good, but about to go bad..there's nothing i can do about that...and we won't be the only ones..

we need to get the battle won step by step... once we've established that these cca responses aren't good we can then get on the attack and repair our credit ratings ....who knows biz might have picked up by then and we can do a full and final deal..

If not, i wouldn't worry about court action, if it were that simply they'd produce the paperwork and just get on with it..and there are very few examples of the co's actually going to court and winning..

No judge will award them more than you can afford to pay in that event either... so relax.. and deal with what you can as it arises..

 

Do like the measured and reasonable tone of your posts...but IMHO best to write letters when you're not angry....

 

Stay with it..

 

FOTN

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Toxic...

 

whilst trawling other threads i came across this posted by a hugely experienced cagger..can't recall the thread now.. but it looks interesting, may be of help to Muffin and tracey too...

 

it's my opinion FWIW that a creditor can provide a 'reconstructed' agreement to satisfy the CCA but it must not be 'conjectured' it must be a true copy of the original in as far as it goes in that it can 'exclude' addresses & Sig as per the 83 regulations

 

Nevertheless if rather than 'reconstruct' an agreement wouldn't it be much less time consuming if the creditor where just to send a copy of the original in their possession rather than faff around making one up. No if they send you a 'reconstructed' agreement chances are it's because they don't have the original

 

Also I suggest if they don't admit at the outset that the agreement provided is 'reconstructed' they risk falling foul of the 2006 Fraud act

 

However, & this is the crux of the matter they must be able to produce a 'signed' true copy of the original including the original T's & C's if they intend enforcing the agreement.

 

The problem for the money lenders is that many are no longer on possession of the originals as in an effort to maximize profit they have disposed of the hard copies in the mistaken belief that they could enforce an agreement on the basis of the account alone.

 

This of course completely ignores their CCA obligations & it's only because of their avarice that they are now suffering the consequences.

 

The great tragedy is that this valuable protection, as afforded under sec 127 of the 74 Act, has been removed from the 2006 Act by this government on the disgraceful pretext that it's in the interest of the consumer when in fact it's a sop to the finance industry after their bloody nose in Wilson v Secretary of State

__________________

 

FOTN

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Also, here's a bit from another post on the same thread --

 

subject of discussion was, if the creditor had created a "frankenstien" doc in response to a cca request..

effectivley if they'd cut and pasted from other docs to give the appearance of a valid cca--- as i believe they've done in my case..

 

The Fraud Act is small as it contains only 16 sections plus 3 schedules.

 

All Theft Act deception offences are abolished to be replaced by 3 new fraud offences: fraud by misrepresentation.......f raud by failing to disclose information and fraud by abuse of position..

 

Under section 1 a person is guilty of fraud if they are in breach of any offences in sections 2,3,4.

 

Under Section 2 representation must be made dishonestly which is established under the two-stage test as set out in Rv Gosh (1982) QB 1053, 75 Cr App R 154 in which the defendant was dishonest by the standards of ordinary people

 

Subsection (1)(b) requires that the representation is made with the intention of making a gain for himself or causing a loss or risk of loss to another. Loss and gain are defined in section 5 as being money or property

 

Section 3: Fraud by failing to disclose information

18. Section 3 makes it an offence to commit fraud by failing to disclose information to another person where there is a legal duty to disclose the information. A legal duty to disclose information may include duties under oral contracts as well as written contracts. The concept of "legal duty" is explained in the Law Commission's Report on Fraud, which said at paragraphs 7.28 and 7.29:

  • "7.28 ..Such a duty may derive from statute (such as the provisions governing company prospectuses), from the fact that the transaction in question is one of the utmost good faith (such as a contract of insurance), from the express or implied terms of a contract, from the custom of a particular trade or market, or from the existence of a fiduciary relationship between the parties (such as that of agent and principal).

7.29 For this purpose there is a legal duty to disclose information not only if the defendant's failure to disclose it gives the victim a cause of action for damages, but also if the law gives the victim a right to set aside any change in his or her legal position to which he or she may consent as a result of the non-disclosure. For example, a person in a fiduciary position has a duty to disclose material information when entering into a contract with his or her beneficiary, in the sense that a failure to make such disclosure will entitle the beneficiary to rescind the contract and to reclaim any property transferred under it."

  • More specifically, section 3 states:
  • 3 Fraud by failing to disclose information
    A person is in breach of this section if he-
    • (a) dishonestly fails to disclose to another person information which he is under a legal duty to disclose, and
    • (b) intends, by failing to disclose the information-
    • (i) to make a gain for himself or another, or

(ii) to cause loss to another or to expose another to a risk of loss

Gain and Loss Specified

 

5 "Gain" and "loss"

(1) The references to gain and loss in sections 2 to 4 are to be read in accordance with this section.

(2) "Gain" and "loss"-

  • (a) extend only to gain or loss in money or other property;

  • (b) include any such gain or loss whether temporary or permanent;

FOTN

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Fangio thanks for support and information.

 

Are you talking about Fraud Act as in Police Statutory Law? Iv got some reading up to do on this on points to prove if so and possibly defences, and even if the Police would actually take this on as they are very very reluctant to take any crime reports involving banks, will come back on here tomorrow with a bit more of a definitive answer.

muffintop

Won Nationwide £900 and £1908 Bank Charges

Lloyds personal account 1,861

Lloyds Bus Account 2k

Abbey bank acc. Stayed 2008

 

CCA requested Barclaycard Nov 08 - n1 issued - GAVE UP

CCA Mbna Nov 08- n1 issued - GAVE UP

Marks and Spencer Money Nov 08 -lost found 2b enforceable.

Tomson Holiday - WON

 

if I help you tip my little scales it gives me a thrill. MT

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Think so as I say I picked this up on another thread in a bit of frantic copy. And pasting. I will try and retrace my steps and post a link. Not suggesting any police involvement. But I think its worth pointing out the position to them and copy that letter to the FSO or trading standards and leave it to them.

FOTN

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Hi Angel 1, Muffintop and FOTN

 

Many thanks for your posts. Its very reassuring to know there are others who understand what its like and to have the support of you guys and this forum is invaluable.

 

Im still unsure what grounds to put on my account in dispute. If possible I want to avoid the stock answer people seem to be getting stating they dont consider the account to be in dispute. Im now thinking that I should place it in dispute until they decide which of those CCA's they want to be my true copy. Im basing this on the fact I Suspect they dont know themselves why I had two as they did not mention this in their letter. I think this may prevent them giving the 'we do not consider this account to be in dispute' reply. Is there a time limit after receiving the CCA before I can no longer place it in dispute? I would like to hang on to try and get some more opinions on the ins and outs of having two - one signed dated and executed before I signed it - before deciding how to reply. My next payment isn't due until the middle of Feb so If there is no limit I have until then.

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Toxic..

 

IMHO this should be your plan.

 

from your post:-

1) The prescribed terms and my signature are not on the same side of the two sided form. Does this make it unenforceable or improperly executed given that there is no link from one side to the other?

 

2) On the rear, section 1.4b referrs to conditions in sections that are not on the form. Does this make it unenforceable / improperly executed?

 

3) The terms and conditions i was sent were a simple printout of their current ones. Does the fact I have not received the original T&C's enable me to place in dispute under a section 77-79 request Section 11(g) SI1983/1557

If iot were me i'd confine the argument to whether they have properly responded to your cca request - whilst that is still disputed it buys you time..whether the agreement is enforceable or not (and i don't think it is) is impossible to judge until you have all the info they are required to produce... and their response clearly falls short of their obligations..

 

with hindsight the legibility issue on that single date looks a bit weak... but your other points are good.

 

fistly to have correctly responded i think they needed to have sent the original t&c's in force at the time you entered into the agreement...they haven't -- so your request remains outstanding and the account in dispute..

secondly, the rear section 1,4b referes to t&c's which are not included...so again their response is incomplete and not sufficient to satisfy your request.

Thirdly, there appears nothing to connect the front of the form to what they claim is the back. Could they please point out how they are connected so that you can be sure that the rear of the form contains part of your agreement and not any other.

Lastly, thery have sent you 2 documents (both incomplete) but both they contend are your cca... for the avoidance of doubt can they confirm which is the "true copy" and which they would rely on in the case of any future action by eitrher party..

 

Whilst these issues remain unresolved, there is clearly uncertainty and dispute between you.

 

I'd leave the issue of the dates for later on -- as i've said before i think this could really help you in a court room (if it ever gets to that - which i doubt)...I wouldn't be in any rush to cpr them -- you never know they might just come up with something.. and if your circs are anything like mine ... what we really need is time...

good luck and keep us posted..

 

FOTN

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Toxic..

 

Banker has just replied on my cap 1 thread... the info on the subject of responses to cca requests could well clear things up for you..

 

take a look at the link he gives... further down the page is a post by peterbard which has a great letter highlighting the issues...

 

FOTN

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Ok Finally drafted a *final?* reply. Is this OK...

 

Dear Sirs,

 

Account Number: XXX

 

Re; your recent reply to my request under section 77-79 of the Consumer Credit Act 1974

 

I note that you have replied to the above by sending a copy of an agreement, and your company’s current Terms and conditions. I must inform you that this is not sufficient to comply with the request and that your company is now in default under the act.

 

The document that you are obliged to send me is a true copy of the properly executed Agreement that contained all of the prescribed terms, all other required terms and statutory notices and was signed by both your company and myself as defined in section 61(1) of CCA 74 and subsequent Statutory Instruments. If the executed agreement contained any reference to any other document, you are also obliged to send me a copy of that document. In addition a full statement of this account should have been sent to me detailing all debits and credits to the account.

 

The documentation (agreement) sent refers to terms and conditions listed on a separate document. This document (original terms and conditions in force at the time the agreement was drawn up) was not sent. Therefore my request remains outstanding and until I have received the above documentation. Whilst these issues remain unresolved, there is clearly uncertainty and dispute between you and myself and the account will remain in dispute.

This breach of the agreement can be demonstrated as follows;

To satisfy a section 77-79 request, creditors must supply the original terms of the agreement. Section 11(g) SI1983/1557 states even if an agreement has been modified the creditor must supply a document embodying the original terms when requested under s77-79..

 

As you are no doubt aware section 78(6) states:

If the creditor fails to comply with Subsection (1)

(a) He is not entitled, while the default continues, to enforce the agreement.

As you have failed to comply with a Statutory Request for a true copy of the said Agreement and other relevant documents mentioned in it, and failed to provide some of the documentation requested, consequentially, any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS. Furthermore I shall Counter-Claim that any such action that constitutes unlawful harassment.

 

Please note you may also consider this letter as a Statutory Notice under section 10 of the Data Protection Act 1998 to cease processing any data in relation to this account with immediate effect.

 

 

Furthermore you should be aware that a creditor is not permitted to take ANY Action against an account whilst it remains in dispute. This includes the following

 

* You may not demand any payment on the account, nor am I obliged to offer any payment to you.

* You may not add further interest or any charges to the account.

* You may not pass the account to a third party.

* You may not register any information in respect of the account with any credit reference agency.

* You may not issue a default notice related to the account.

 

Legal Action

I reserve the right to report your actions to any such regulatory authorities as I see fit, and take such legal action for any of the following infringements of my civil liberties – Court action will be any or all of the following - Harassment, Distress and Trespass and any other unlawful activity that you see fit to engage in.

 

 

I hope this explains why your reply was unacceptable I await a legible True copy of the agreement including all other necessary documentation as specified within the act, and would remind you again that whilst the request has not been complied with the dispute continues.

 

Yours Faithfully

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Hi Toxic,

 

I have read your thread with interest and other than you having 2 agreements (weird) think the questions you need answering are the same as what i want answering.

 

I have started a new thread in the MBNA section with some questions that i think most of us need to understand the answers to, to know which direction to move forward in.

 

I have covered some of the issues that are concerning you in it it will help a lot of us.

 

Misterv

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  • 2 weeks later...

Update

 

Dispute letter sent late Jan. Stopped direct debit soon after. Not heard a thing as yet other than an email suggesting I set up a direct debit.

 

My next payment is due soon. I am guessing that when they don't get it, the MBNA fan will be switched on, pointed in my direction and bankers poo flung at it.

 

Planning on sending SAR Soon.

 

*Toxic gulps and takes deep breath*

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Hiya Toxicdebt,

 

You have just answered my priers ive just nicked a bit of your letter to put in my witness statement.

 

Ill explain a bit:

 

I was in court on the 15th feb for a summary judgment and i was contesting the DN on the grounds that the agreement had no clause 8 as refered to on the DN .

 

Now due to a court error the case got adjourned until the 29th Jan but that did not happen as the sols dropped the summary judgment ( i wonder why) and instead have gone for trial on the 3rd march.

 

Now they have submitted a new witness statement to the court in response to my witness statement re Clause 8 and have now submitted a 4 page set of T&C's which they did not submit at judgment ? which do not relate to my agreement as they are the latest and not the T&C's which i signed too.

 

Para 3 in your letter i think is of interest to me in my case if you dont mind i will copy that letter to word so i can study it later.

 

Regards

 

Pompeyfaith

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/151709-help-18.html

 

Dear Sirs,

 

Account Number: XXX

 

Re; your recent reply to my request under section 77-79 of the Consumer Credit Act 1974

 

I note that you have replied to the above by sending a copy of an agreement, and your companys current Terms and conditions. I must inform you that this is not sufficient to comply with the request and that your company is now in default under the act.

 

The document that you are obliged to send me is a true copy of the properly executed Agreement that contained all of the prescribed terms, all other required terms and statutory notices and was signed by both your company and myself as defined in section 61(1) of CCA 74 and subsequent Statutory Instruments. If the executed agreement contained any reference to any other document, you are also obliged to send me a copy of that document. In addition a full statement of this account should have been sent to me detailing all debits and credits to the account.

 

The documentation (agreement) sent refers to terms and conditions listed on a separate document. This document (original terms and conditions in force at the time the agreement was drawn up) was not sent. Therefore my request remains outstanding and until I have received the above documentation. Whilst these issues remain unresolved, there is clearly uncertainty and dispute between you and myself and the account will remain in dispute.

This breach of the agreement can be demonstrated as follows;

To satisfy a section 77-79 request, creditors must supply the original terms of the agreement. Section 11(g) SI1983/1557 states even if an agreement has been modified the creditor must supply a document embodying the original terms when requested under s77-79..

 

As you are no doubt aware section 78(6) states:

If the creditor fails to comply with Subsection (1)

(a) He is not entitled, while the default continues, to enforce the agreement.

As you have failed to comply with a Statutory Request for a true copy of the said Agreement and other relevant documents mentioned in it, and failed to provide some of the documentation requested, consequentially, any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS. Furthermore I shall Counter-Claim that any such action that constitutes unlawful harassment.

 

Please note you may also consider this letter as a Statutory Notice under section 10 of the Data Protection Act 1998 to cease processing any data in relation to this account with immediate effect.

 

 

Furthermore you should be aware that a creditor is not permitted to take ANY Action against an account whilst it remains in dispute. This includes the following

 

* You may not demand any payment on the account, nor am I obliged to offer any payment to you.

* You may not add further interest or any charges to the account.

* You may not pass the account to a third party.

* You may not register any information in respect of the account with any credit reference agency.

* You may not issue a default notice related to the account.

 

Legal Action

I reserve the right to report your actions to any such regulatory authorities as I see fit, and take such legal action for any of the following infringements of my civil liberties Court action will be any or all of the following - Harassment, Distress and Trespass and any other unlawful activity that you see fit to engage in.

 

 

I hope this explains why your reply was unacceptable I await a legible True copy of the agreement including all other necessary documentation as specified within the act, and would remind you again that whilst the request has not been complied with the dispute continues.

 

Yours Faithfully

Edited by pompeyfaith

If I have been of help to you please feel free to click my scales to the left Thanks.:)

I have no legal training and the advice I offer is what I have learnt here and offered as a matter of support. Before you commit to any Legal action you are advised to contact a qualified legal practitioner.

 

Finally if you succeed with your claim please consider a donation to consumer action group as those donations keep this site alive.

 

CARTER V Co-Op

BANK CHARGES

REFUNDED £3567

 

POMPEYFAITH V Co-Op PPI

OFFER MADE BUT REFUSED

ONGOING AND STILL ONGOING

NOW WITH THE OMBUDSMAN

 

R.I.P BOB aka ROOSTER-UK you have always been a Gent on these boards and you will be remembered for that.

 

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Hi Pompyfaith

 

I'm a subscriber to your thread and have been following with interest.

 

You are welcome to use any of my above letter. (as is anyone)

 

I would like to point out however that I found the bits for it from the various letter templates and members posts / suggestions here on CAG, and can not therefore stake claim to it being purely of my hand.

 

I hope it helps though.

 

Good Luck

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It sure does and i can now look forward to 3rd march (judgment day) with a bit more faith.

 

Thank You

 

Regards

 

Pompeyfaith

If I have been of help to you please feel free to click my scales to the left Thanks.:)

I have no legal training and the advice I offer is what I have learnt here and offered as a matter of support. Before you commit to any Legal action you are advised to contact a qualified legal practitioner.

 

Finally if you succeed with your claim please consider a donation to consumer action group as those donations keep this site alive.

 

CARTER V Co-Op

BANK CHARGES

REFUNDED £3567

 

POMPEYFAITH V Co-Op PPI

OFFER MADE BUT REFUSED

ONGOING AND STILL ONGOING

NOW WITH THE OMBUDSMAN

 

R.I.P BOB aka ROOSTER-UK you have always been a Gent on these boards and you will be remembered for that.

 

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HIya toxicim already subbed but pompeyfaith referred me to your thread,PF by the way in your earlier post here, you did mean 15 JAN not 15 FEBjust alerting you so you can go and edit it,,,,lol,,,,even i cant make the future be behind us,,,Angel wink winklaters angel x

Im happy to help with support and my own thoughts, but if I offer any thoughts to your problems please take it as from my life experience only and not of any legal standing. Always take further advice from the legal experts in your final action.:)

 

my new motto is,,,",Taking back control of your life and home - such peace is priceless"

 

This is all due to truecall device , have a serious peek at this you will be thankful like I am x laters angel :D

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