STATUE BARRED 3 YEARS AGO

[SHELBELLE]

Hi

 

Well Robbers Way are certainly on a mission, yet again in excess of 3 calls yesterday.

Answered a call last night to a snotty cow who thought she had one over on me...soon put her right, had her pleading for my address details...I asked her for her details and she said that she would give them if she HAD TO..so I said lets get one thng clear I do not HAVE TO GIVE MY DETAILS TO ANYONE IS THAT QUITE CLEAR??? But your not responding to our letters, go check your email stupid!!! Erm let me see how you responded give me a moment...I give a sarcastic answer and hang up.

 

Also received yesterday was another letter saying that they have been instructed to recover the balance from their client and how I should pay them direct and they will act upon their clients instruction. If I have any queries I must telephone them or write to them quoting a telephone number where I can be contacted. So lets pretend that we don't have her no now, even though we call her everyday at least 3 times!!! Muppets!!!

I think this letter is their attempt of a NOA, but it is a little late in my opinion.

 

I hope the snotty cow goes to seach their inbox and actually finds my email, mind you they have probably sent this pretend NOA in response to it!!!

 

I might instruct them to start legal action next time they phone??

 

S.B.

[davey77]

Usual response from TS I'm afraid. They are scared of going up against creditors.

 

From what i gather you received an illegible application form with no signature? I wouldn't let TS get away with that response myself and i would ask them how they are able to read it clearly when you are not. Do they have some special kind of machine that reads illegible documents and if so could they transcribe the information you are legally entitled to for your benefit.

You are entitled to a legible agreement under the CCA so don't ask but demand and if you don't get a fair reply from TS complain about TS themselves through you local council complaints dept.

 

Update any complaint to the OFT re the DCAs behaviour and point out that you local TS are refusing to uphold your rights to information under the CCA.

 

You could use something along the lines of this letter i sent to Mint's DCA where i made it clear they wouldn't get a penny and Court Action was their only option. (Amend to suit.)

 

http://www.consumeractiongroup.co.uk/forum/royal-bank-scotland/185332-davey-mint-rbs-2.html#post2119583

[SHELBELLE]

Thanks Davey, I will get a letter together for TS. Yes the CCA was illegible, I told them that and they sent another copy that was even worse and is clearly an application form with no attached t&c's.

 

I have updated OFT via email, but will send another one stating that TS are refusing to uphold my right.

 

Received another letter from RW in response to my bog off email, they say that they have noted my comments and have put the acount on hold while they contact their client to ask if they are aware of any outstanding dispute. They ask for my assistance by providing full details of the basis which I dispute liability for the account!!!

 

I do believe that will be their job and I will not be telling them their clients CCA is a load of old tosh!!!

 

I wonder how long I have to wait for the calls to start again???

 

S.B.

[SHELBELLE]

Well its been a while...

 

Received a Notice of Debt Collection from WESCOT CS, looks like it is doing the rounds.

 

Again haven't received a NOA or anything similar!!

 

I was suppose to have responded/paid by 28.08.09, guess I missed the boat on that date!!

 

Is it worth sending the bemused letter or shall I ignore Wescot??

 

I think I will just get the bemused letter off to Wescot, can't see it will do any harm???

 

Received a "FINAL NOTICE" from Wescot threatening that they MAY take me to court, so am sending the bemuse dletter recorded today.

[SHELBELLE]

An update : ~

 

After sending wescot the account in dispute followed by teh CPR 31.14 for disclosure letters and have recived a correspondence from them stating : ~

 

My letter has been forwarded to the process and compliance team who will deal with the matter that I have raised. I will be contacted again either with a full repsponse or an update of the invesigation.

 

They thank me for bringing this to their attention as it is omportant that they are made aware of instances where individuals feel they have fallen below the standards expected of them(COUGH COUGH!!)

 

They enclose a copy of their complaints procedure.

 

Good news in my opinion, so I'm not going to court yet then .

 

Thanks for all your advice guys, keep you posted!!!

 

S.B.

[SHELBELLE]

An update: ~

 

This has been passed on again to Moorcroft so I

duly sent them the account in dispute letter, I do not acknowledge any debt to your company etc.

 

Following this I have received a response from Westcot, a little baffling:~

 

The enclose statements and in their words "the copy application" (handwritten on application form states "best copy!") but they also state that that this cofirms that I have been supplied with the relevant documents under section 78 of CCA 1974. VERY BIZARRE, they have sent me a copy of my LLOYDS TSB CC APPLICATION FORM AND not the Sainsbury's one, MUPPETTS!!!! Obvioulsy got my files mixed up, tut tut!!!!

 

They go on to say that insturctions have been received from their client(Sainsbury's) to withdaw this account on the basis that no payment has been collected by Wescot. They suggest that I contact their client direct to discuss my repayment proposals.

They trust that this concludes Westcot's involvement to my satisfaction.

 

Hmmm, so Sainsbury's tell Wescot to withdraw this account, but have now passed it on to Moorcroft????

 

I wonder what they are playing at, there must be a reason why they have instructed Wescot to withdraw any action??? An illegible application form, an Invalid DN or possibly an invalid TN???

 

I was wondering, if there is anything that I could send to Wescot for sending me an application form from Lloyds instead of Sainsbury's, I am sure that this is rather naughty????

 

Or because they have closed their file on my Sainsbury's account I am just best to keep my mouth shut and disclose the errors of their ways should it ever reach court???

 

Thanks

 

S.B.

Edited December 16, 2009 by SHELBELLE
incomplete

[SHELBELLE]

This has now been passed to Moorcroft, I have received 2 "Notice of Intended Litigation" threatograms.

 

I responded by asking them to discolse the documents under CPR 31.14.

 

They have ignored that and proceeded to send a duplicate of the 1st Notice of Intended Litigation, they have been generous second time round and reduced the court fee from £240.00 to £190.00.

 

Lets see what we get next!!!

 

S.B.

[SHELBELLE]

Received another letter acknowledging my letter.

 

They are in the process of requesting a copy of the CCA and will revert back to me in due course.

 

Also included is an identical letter that I saw yesterday on someone elses thread:~

 

They are please that I am aware of the Civil Procedure Rules and they bring my attention to the Overriding Objective set out in Part 1.1 of the Rules and more specifically parts 1.1.2© and (d). They believe that the respective parties, where litigation is a possibility, have an obligation to assist the court in identifying the genuinely outstanding issues in realtion to a matter & they believe that some of the information that I have requested seems to relate to issues that may not be in dispute here. They refer also to the principles proportionality as referred to in this section of the CPR. They also believe that the info that I have requested is subject to legal privilige, having prepared in comtemplation of possible litigation.

They query whether or not I accept the FUNDAMENTAL PRINCIPLE here that I have made application for and have been granted credit in relation to the account in question.

They want me to confirm to what extent, if any, I am prepared to admit liability for any credit advanced to me. They believe that this will assist greatly in isolating remaining issues, balh blah blah, in accordance with the Overriding Objective.

They conclude by saying that they reserve the right to produce a copy of this letter to the court and to refer to any response or lack of from me, in the event that proceedings are issued if it is not possible for us to reach an agreement. They confirm that in the absence of information to the contrary from me that this is a simple debt recovery matter and it is their objective to reach a sensible and affordable payment arrangement with me.

Ok a response I stole from the other thread:~

 

Dear Numpty's

I admit entering into an agreement with the Claimant and which was regulated by The Consumer Credit Act 1974 (The Act). No admissions are made as to the terms, conditions or other provisions of the agreement and the extent to which the Claimant may or may not have complied therewith.

Yours

S.B.

Does everyone think this is ok (not distrusting the fellow CAG) just would like some further comments whether I need to add anything or keep this short and sweet??

 

MOORCROFT 03.02.10 for CAG.doc

 

Any thoughts???

[diamondgirl]

Sorry not much time at the moment to go back over your thread but personally I wouldn't admit to entering any contract with anyone unless you have the CCA and a signed one at that. If you admit to that then it wouldn't matter if you received the CCA or not. No CCA then they wouldn't have a leg to stand on.

If you admit to having entered into an agreement then should it ever go to court you could not use the no CCA in a defence.

By the way don't forget to put your dates in the letter.

DG

[SHELBELLE]

Ok DG

 

No worries, thanks for looking in.

 

Ok point understood, I will edit it as necessary, oh and I took the dates out intentionally, the postal copy has them lol!!!

 

 

Thanks

 

S.B.

[diamondgirl]

Dont forget to send it at least recorded.

Dont forget this account should now be in dispute anyway.

 

DG

[SHELBELLE]

Moorcroft have sent the account to the "Home Collections Division" They are going to pay me a visit to discuss repayment options!!!!

 

Well we know what letter will be going out to them on Monday.

 

Might just get the tea and cakes and tea ready in anticipaton;)

 

 

S.B.

[SHELBELLE]

Moorcroft, it appears do not want to visit me at home, they are no longer dealing with this account . They refer me back to their client because they regret to inform me that they are unable to comply with my request!!!

 

Wonder which DCA will be next, it will be no 4!!!

 

S.B.

[SHELBELLE]

Quick update....

 

Well nearly 2 years down the line this has landed back to the OC Sainsbury's!!!

 

They are offering me 40% deduction if I pay now or 30% deduction if I pay over 3 months.

 

If I do not choose to take the offer up it may be passed to a DCA who will continue to pusue me for the full debt!!!

 

It's done the rounds already and had no joy, seems that is why it is back with O.C.

 

No CCA, invalid DN = no payment, I am not even going to respond to this one!!!

 

 

S.B.

[Dotty50]

Perhaps another couple of years and the discount will be even higher!

[SHELBELLE]

Hi Dotty

 

Yes maybe, but it'll have to be 100% with what they have produced so far;)

 

 

 

S.B.

[miss muppet]

Hi Shelbelle, thought you might enjoy having a look at the info sent by my extremely helpful TS. I found the information invaluable in my case, its post 69 that is the relevant bit:-

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/196114-miss-muppet-mbna-costs-4.html

[SHELBELLE]

Hi all

 

Well it's been a long long time since I've been on here as everything was in hand and going well...however...

 

I've received a County Court Claim for an old debt which has a very illegible CCA and that's how it's gone on for years from one DCA to another....

 

I've checked my credit file and the original creditor isn't even listed and neither is Cabot..

.just another DCA....according to my file the other DCA defaulted the account August 2009...so not quite SB.

 

My question is do I use the other DCA'S default date or the original creditor..

.I am sure I have paperwork somewhere, or does Cabot have to have defaulted me too...???

 

I'm a bit confused as no reference to Cabot on my credit file and

 

 

I am sure they are trying it on because I am of the opinion that if they had a solid case this would have happened years ago.

 

I understand I need to acknowledge the claim to extend my defence by 14 days so will do this without delay.

 

Urgent advice required please...thank you...

[dx100uk]

OC 's default date always

a dca cannot change it

 

 

can you fill this out please

 

 

and paste it here please

 

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?419198-You-have-received-a-Claim-What-you-need-to-do.-**UPDATED-April-2014**(2-Viewing)-nbsp

 

 

dx

[SHELBELLE]

Hi DX thanks for your reply

 

 

I'm having trouble pasting at the moment so in brief my answers...

 

 

Claimant is Cabot

 

 

Date of issue is 22.10.14

 

 

What is it for? The claimant claims payments of the overdue balance from the Defendant under a contract between the Defendant & XXXXX dated on or about xx/07/2003 and assigned to the Claimant on xx/02/2011 in the sum of £9K. Particulars Account NO XXXX. date xx/05/2014 default balance £9K, Post refrl cr nil, £9K.

 

 

Doesn't look like interest has been added.

 

 

Old credit card account.

 

 

Stop paying due to poor CCA and the account was put in dispute with the OC years ago due to this fact...no acknowledgement or payments made since then(need to check date).

 

 

Thanks in advance.

[dx100uk]

who was the OC please

 

 

dx

[SHELBELLE]

Hi DX

 

OC is Sainsbury's.

 

Ok found the OC default notice dated August 2008,

but looks like my last payment was Feb 2009,

 

so further advice required on how to respond to court claim..

 

.never did receive a legiible cca....

 

While I wait for help wth my defence shall I just acknowledge the claim on line?

 

Thanks

 

S.B.

[dx100uk]

yes defend all

 

 

and fill out the link  please

[SHELBELLE]

Thanks DX

 

Do I contest jurisdiction?

 

I will complete link shortly.

[Andyorch]

No