Response to SB Letter

[BRIGADIER2JCS]

They are fibbing anyway. SB is a matter of fact, not a court issue.

 

Indeed so.

 

SC you should send the following to RW

 

For the attention of the Data Controller

 

RobinsonWay

 

 

Ref: use theirs:

 

Sir/Ma and ddam,

 

I refer you to the alleged debt for £xxx.xx currently being pursued by RW supposedly on behalf of Cabot Financial, please note I do not acknowledge debt to RW or its alleged client.

 

I have no knowledge of the original debt or the creditor therefore no further correspondence can be entered into until this information is provided the account therefore remains in default.

[spacecadet5767]

Thanks Brigadier. I'll send this ASAP and update as and when I get any response.

[BRIGADIER2JCS]

Thanks Brigadier. I'll send this ASAP and update as and when I get any response.

 

OK

[spacecadet5767]

Sorry to ask but the last part of your letter says 'remains in default'.

 

Is that correct or should it be 'remains in dispute'?

 

Thanks again.

[BRIGADIER2JCS]

Sorry dispute, trying to cover 2 threads at once:!:

[spacecadet5767]

LOL Thanks!!!!

[dx100uk]

quite honestly on any disputed debt i'd stop letter tennis.

 

if you cant fathom out he debt

 

I doubt they could to have any paperwork to goto court

 

they know you real address so the old claim to an old address

could easily be dealt with

 

dx

[spacecadet5767]

Just a thought. Is the above short letter sufficient or do I need to start thinking CCA request? For the avoidance of confusion I'm referring to the RW matter.

 

Thanks.

[spacecadet5767]

dx I agree with you wholeheartedly but I just want to either nip this in the bud or at least be able to show in the event of an unlikely court case that I wasn't burying my head in the sand. Does that make sense or am I being overly paranoid?

[BRIGADIER2JCS]

CCA request to RW.

[spacecadet5767]

OK thanks Brigadier. Is there a specific template I can use or do you have a better one in mind?

 

Thanks AGAIN for your help.

[BRIGADIER2JCS]

OK thanks Brigadier. Is there a specific template I can use or do you have a better one in mind?

 

Thanks AGAIN for your help.

 

There is an excellent template in the CAG library for the CCA request, the DCA has 12+2 working days to comply, use a cheque or postal order for £1.00 for the statutory fee,

mark cheque or PO ''for statutory fee only' and keep a photocopy of it.

[spacecadet5767]

Ok will do.

[dx100uk]

adapt the following text to YOUR details.

DO NOT SIGN THE LETTER!

get a £1 BLANK Postal order

write on the back

for statutory £1 CCA FEE ONLY.

post the two off by !st class post, get proof of posting from PO counter

they have 12+2 WORKING days to comply.

 

firm demanding money

 

street,

 

town,

 

county

 

postcode

 

 

 

Dear Sir/Madam

 

 

 

Re:- Account/Reference Number 12345678

 

I do not acknowledge any debt with your Company or Associates

 

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, including a detailed statement of the account.

 

 

 

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

 

Mr A N Other

 

 

......................

 

however PERS i'd not do ANYTHING

 

dx

[spacecadet5767]

Thanks dx for the letter.

 

As far as I am concerned, this will be last chance saloon.

 

And then no more!!!!

 

As you said previously, why play letter tennis?

 

I appreciate your input.

 

PS when all of this is done and dusted, I will definitely be making a donation to the site.

[BRIGADIER2JCS]

Let's hope this IS soon sorted.

I'm sure a donation will be much appreciated.

[spacecadet5767]

UPDATE : So I came back from a work trip to see that I had three letters waiting for me. I'll do them one by one and perhaps you can advise me as to what I should do if anything!?!?

 

Account 1 : Crapquest - They have basically ignored my SB letter and my SB follow up letter. To remind you they claimed it wasnt SB as there was a "phantom" £1 on the 2nd July 2007. I asked them for proof that the payment was mine and they just ignored that letter as well. So today they have sent me a letter stating that it is in fact me that has ignored them and they MAY start litigation if I do not respond. They have also offered to give me a big discount if I call and make payment today.

 

Account 2 : Scottiecall - After sending them the SB letter with Doorstep paragraph, they have sent me a letter back stating that they have closed the account and sent it back to their client.

 

Account 3 : Robbers Way - After stating that the account is SB in my last letter and them stating that the account was not, I took your advice and sent the CCA letter with a PO. They have now returned the PO with an attached letter stating that they have closed the account and I should contact their client directly.

 

So what now?

 

Thanks.

[BRIGADIER2JCS]

Good morning spacecadet,

 

1.Formal Complaint letter in regard to failing to respond to SB letter and failure to prove the £1.00 alleged payment, the 'discount offer' gives the indication that litigation is most unlikely.

 

 

2.Scotcall, good result, jus look after that letter, in case it crops up again in the future.

 

3.Don't contact the 'client' if they have anything to say wait for them to write.

[DonkeyB]

Call Crapquest’s bluff. If you are 100% sure you made no payment, let them try the legal route.

 

And complain to the OFT and Trading Standards.

 

Anyway, it’s 2 July today – tomorrow it most definitely will be SB, provided you have continued to never acknowledge any debt to them. Don’t worry about the usual issue of leaving an extra month, as any alleged payment was clearly not made on any contractual basis. They can litigate as much as they want now – way too late.

[citizenB]

Account 1 : Crapquest - They have basically ignored my SB letter and my SB follow up letter. To remind you they claimed it wasnt SB as there was a "phantom" £1 on the 2nd July 2007. I asked them for proof that the payment was mine and they just ignored that letter as well. So today they have sent me a letter stating that it is in fact me that has ignored them and they MAY start litigation if I do not respond. They have also offered to give me a big discount if I call and make payment today.

 

 

I think all you can do is to write one more letter - to their Head/registered office. Marked "OFFICIAL COMPLAINT"

 

Dear Sir or Madam

 

OFFICIAL COMPLAINT

Notification of Statute Barred account.

 

I am in receipt of your latest communication advising that you intend to start litigation.

 

I have made it quite clear that this account is now Statute Barred and that I have no intention of acknowledging any liability or making any further payments.

 

Further demands to pressure me into making payments will be construed as intimidatory and I will be making complaints to the regulatory bodies, including your own trade association - which makes it quite clear that once you have been advised of the statute barred status of an account, you should cease pursuing.

 

Should you decide to ignore this letter and continue with your plans to litigate, I will provide your letters for the attention of the court.

 

Yours faithfully..

 

PRINT OR SIGN DIGITALLY.

 

Or you can simply let them make an attempt at litigation where they will be forced to provide any evidence which they appear reluctant to provide to you - which they are obliged to do in respect of the pre action protocols.

[spacecadet5767]

Thanks guys as always. Much appreciated.

[spacecadet5767]

UPDATE : Just received a letter from CrapBot where they acknowledge my CCA request and that they are investigating, however, it may take up to 40 days. They will let me know.

 

40 days!?!?!? I thought it was 12+2 days that they were allowed.

[BRIGADIER2JCS]

UPDATE : Just received a letter from CrapBot where they acknowledge my CCA request and that they are investigating, however, it may take up to 40 days. They will let me know.

 

40 days!?!?!? I thought it was 12+2 days that they were allowed.

 

Hello spacecadet,

What a load of bowlocks from Cabot again.

 

They have to be stopped now.

 

SO: To The Compliance Manager

Cabot Financial.

 

Sir /Madam,

 

Ref: Use theirs:

 

I refer to a letter from Cabot dated xx. xx. xxxx. in reply request made under sections 77/78 of the CCA 1974 and would remind Cabot that the time allowed for Cabot to supply the documents is 12+2 WORKING DAYS not 40 days which applies to a Subject Access Request.

 

Therefore unless Cabot produces the documents within the stipulated time limit I will consider the matter closed and no further correspondence will be entered into.

[spacecadet5767]

Thanks Brigadier.

[BRIGADIER2JCS]

Thanks Brigadier.

Keep us up date please