RBS credit card claim won now new claim after sale by OC

[shirei12]

I had my first letter today from Regal. It was addressed to THE OCCUPIER.

I must contact them on a very important matter.

If they dont know who I am why should I contact them :grin:

Me thinks phishing ;-)

[PGH7447]

me thinks report them, to the occupier is NOT Allowed

[lickthewallfatboy]

notice the prepaid envelope they helpfully include

 

THIS SHOULD NOT BE USED FOR SENDING THEM BACK JUNK PIECES OF PAPER AND OTHER RUBBISH

 

positively

 

at all

 

ever

 

[shirei12]

No prepaid envelope in mine. Are they linked to Cabot in any way?

[lickthewallfatboy]

they always send me a helpful envelope!!

 

don't know about the Cabot link.....

[debt4get]

send em this

 

 

 

ACCOUNT IN DISPUTE

 

Date:

 

Dear Sir or Madam,

 

Account number: XXXX XXXX XXXX XXXX

 

I am in receipt of your letter dated XXXXX

 

This account is in dispute with **original creditor/DCA** and has been since DATE .

Not only is this a breach of the Consumer Protection From Unfair Trading Regulations 2008 in line with the Office Of Fair Trading's debt collection guidelines, but also in breach of the Consumer Credit Act 1974 and Data Protection Act 1998

 

My previous dispute from **DATE** has NOT been answered.

 

As **original creditor/name of debt collection agency** are now in default of my Consumer Credit Act agreementrequest and have also breached *s10 Data Protection Act request , I consider this account to be in SERIOUS DISPUTE.

 

As you are aware while my Consumer Credit Act request remains in default enforcement action is NOT permitted, under s127 this constitutes a complete defence at law.

 

Consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS.

 

Now I would respectfully suggest that this account is returned to the **original creditor/DCA** for resolution of these defaults and breaches, as **New DCA** cannot lawfully pursue any enforcement activities.

 

If **New DCA** chooses to ignore my dispute and attempt enforcement, I will initiate legal action and file reports with the appropriate authorities, including, but not limited to, Trading Standards, Office of Fair Trading, Information Commissioners Office, Financial Ombudsman Service and possible court action.

 

After taking advice, I am of the opinion that any continued pursuit is in violation of the Consumer Protection From Unfair Trading Regulations 2008 in line with the Office Of Fair Tradings Collection Guidelines

 

I hope that this will not be necessary and an acceptable solution can be accomplished.

 

I would appreciate your due diligence in this matter.

I look forward to hearing from you in writing.

 

Yours faithfully

[hammyhound]

Eeek.

 

The court has ordered that I file an amended defence by next week.

 

My original defence was a short holding defence which I submitted on line.

 

Where do I start.

 

Have spent most of the night looking on here.

 

I have posted up the agreement which they sent with their reply to defence, can't pick holes in it but my signature is not on the first page, it is on the second and obviously it is not a copy of the original. This is the first time I have seen this agreement since I signed it, they didn't send it in reply to my CCA request.

 

 

 

 

Do I mention the fact of the screen shot of the DN saying "to be issued" etc in the defence or does that get left for another time.

 

Any help most appreciated. I cannot believe I have only a week.

 

HH

Edited December 5, 2009 by hammyhound

[supasnooper]

Hi hh,

 

I can't make out the details on the CCA but I am presuming it is legible and contains the prescribed terms.

 

You could make Incasso\Cobbets (??) prove that both sides are linked.

 

Do you have the envelope the DN and the letter came in ?

If so, what class of postage was used?

[hammyhound]

Yes envelope is a normal TNT postage received on 22nd January 2009.

 

I just dont know where to start with amended defence, I think I will use a defence I have used in the past and just edit it. Cant believe the court have given me until Wednesday to get this in. The order was made at the beginning of November and I get it on Friday.

 

HH

[supasnooper]

May I suggest you have a search on the TNT website to see what is says about the postage services offered................I'm sure they'll be similar to UKMail three day services ( deemed 2nd Class service ).

[hammyhound]

Thought I was going mad but have sent account in dispute letters to two DCAs who I now know are chasing the same debt - madness.

 

The same debt has now been passed through 5 DCAs - Apex and Regal Credit are the latest.

 

Do you think there is a race to see who can get me to crack first!!!

 

No CCA only terms and conditions sent.

 

Is this for the pile of s...t pile??? or do I send them a copy of their letter to each other and ask them to fight amongst themselves.

 

HH

[Pinky69]

Good idea. Tell them to decide who is going to ask you for payment on the alleged account and once they have decided you won't be paying them any way because there is no proof this alleged debt exists. Send the letters to their complaints department and a copy to the OFT.

 

Enquiries and Reporting Centre

Office of Fair Trading

Fleetbank House

2-6 Salisbury Square

London

EC4Y 8JX.

[emandcole]

Madness but unfortunately too common!

 

Agree with Pinky, I had this once and sent a letter to them both stating that until such time as I was notified who was solely in charge of collecting any debt I would be dealing with none of them.

 

Much sulking later they sorted it out, I then went on to find they'd got no paperwork at all .

 

Just mindless.

[hammyhound]

Thanks will do that.

 

Regal Credit are sending someone around and have been doing so for the last 2 months - Now that Apex know that Regal were instructed before them they are p****ed off.

[hammyhound]

Tesco personal finance only sent me terms and conditions - no agreement, passed to Triton, Wescot and then Apex who despite me sending a bemused letter have passed it to on to H L Legal (same postcode btw).

 

The bottom of their letter states - we will not enter into any correspondence with you but you should speak to Apex direct with any queries.

 

I am dumbfounded that anyone in their right mind would certainly not put that in a letter - and certainly not a firm of solicitors - if that's what they want to think they are.

 

Anyhow totally ignorning it as I certainly will not be entering into any correspondence with them like they said - so when it ends up in court I can say sorry Judge but they didnt want any communication from me.

 

HH

[diamondgirl]

Well spotted just shows they never proof red ther leterheds. (get it) PLONKERS.

 

DG

[UnmoderatetheNet]

The bottom of their letter states - we will not enter into any correspondence with you but you should speak to Apex direct with any queries.

 

 

 

I think we are getting to them and they are making mistakes

[hammyhound]

Well my CMC is coming up soon

 

In the meantime I have received a discount letter from Cobbetts knocking off quite a bit and they suggest I can pay in instalments. They want me to provide income and expenditure. If I dont reply they will apply for Summary Judgment.

 

Why are they doing this if they are so sure they can win at trial

 

Dont know what to do really

 

HH

[Andyorch]

Well my CMC is coming up soon

 

In the meantime I have received a discount letter from Cobbetts knocking off quite a bit and they suggest I can pay in installments. They want me to provide income and expenditure. If I dont reply they will apply for Summary Judgment.And you will defend that!!!

 

Why are they doing this if they are so sure they can win at trial More cost effective to offer the reduced some than proceed to trial or they feel unsure that that they will succeed

 

Dont know what to do really

Your call Hammy only you know your case and whether you can succeed I personally would call their bluff and proceed

HH

 

 

Regards

 

Andy

[hammyhound]

I am trying work out whether a Default Notice should be issued and then a formal demand or the other way around.

 

HH

[Andyorch]

Default Notice first Hammy then FD.

 

 

Regards

 

andy

[hammyhound]

Thanks Andy,

 

Only received the DN. The screen shot says FD if poss, didn't receive it. Solicitors says they sent the FD and yet were not formally instructed until 7 months later. Oh well something else to put down for my hearing.

 

Thanks again

 

HH

[DonkeyB]

Sounds like they have pointed a fully loaded one at their own ankle, HH. Are you going to let us know who the numpties are?

[hammyhound]

Incasso then Cobbetts - proper numpties, Incasso said first of all they issued the FD - wrong and then Cobbetts who are the present numpties said they have. Incasso backed out as soon as I sent in the defence, I must admit I haven't got a good defence but what the hell - let's go to court. I have been offered a discount but they can shove it, they know the judge will only order what I can afford.

 

BTW they sent Nat West terms and conditions when the loan is with RBS but they don't know that yet. Nothing in the terms and conditions relate to my RBS only Nat West loans but I bet their argument will be "well it's the same company really"

 

Telephone CMC hearing in May so that should be fun, all I have to do is send what I have - which is not a lot.

 

Will update

 

HH

[hammyhound]

Now deleted

Edited May 2, 2010 by hammyhound