CCA's and Dave against the world !!!

[worm]

Hi dave thank you that is great so i will cca them first. what should i do about the phone calls? do i just tell them i have sent a cca and leave it at that? dont pay them anything?

also is the cheque of 1.00 payable to them?

[davefirewalker]

yes make cheque payable to them or postal order

 

dont give them any money until this is sorted

 

also in the cca letter put something like....."I want all further comunications in writing, phonecalls will be considered harassment and will not be answered. if they continue I will make a report to the relevant authorities."

 

or something similar

 

 

Dave

[worm]

yes make cheque payable to them or postal order

 

dont give them any money until this is sorted

 

also in the cca letter put something like....."I want all further comunications in writing, phonecalls will be considered harassment and will not be answered. if they continue I will make a report to the relevant authorities."

 

or something similar

 

 

Dave

ok will get to it today!! was thinking reg post incase they say they did not get it:idea: or maybe i will trust the post:idea:

[ODC]

Recorded Delivery ALWAYs then you have proof they have got it

[ncf355]

I now go for Special for anything I'm really concerned with

 

The amount of RD's I've had gone missing is beyond belief

[worm]

Recorded Delivery ALWAYs then you have proof they have got it

thought so thanks:)

[worm]

I now go for Special for anything I'm really concerned with

 

The amount of RD's I've had gone missing is beyond belief

wow I thought you could trust either:-o before you know we will all be sueing the royal mail!!

[worm]

I now go for Special for anything I'm really concerned with

 

The amount of RD's I've had gone missing is beyond belief

really? what is the difference? I thought reg was better? though i have to say a rip off price for either!! do you get a refund if any letters go missing?

[davefirewalker]

No !

[worm]

yes make cheque payable to them or postal order

 

dont give them any money until this is sorted

 

also in the cca letter put something like....."I want all further comunications in writing, phonecalls will be considered harassment and will not be answered. if they continue I will make a report to the relevant authorities."

 

or something similar

 

 

Dave

just done a humdinger of a letter with cca request!! will post tuesday. was thinking if no success could contact financial ombudsman, as they say if not finalised agreement within 8 weeks/ or final response not satisfactory contact them.

[davefirewalker]

Ok guys if you are still reading.........

 

MS have given me a basic go away letter.......!!!!

 

me being me, that wound me up....so heres my reply (its a bit long)

 

what do you think !!!!!!

 

Dear Sirs

 

You were correct in that I was wrong in my calculations about the amount of money owed to me!

 

I had mistakenly put £647.00 when I had intended to put £734.24 (please see attached schedule)

 

This was calculated from 3x£15 22x£20 8x12 subtotal of £581. ( There is a fee I am not sure of £12 NSF debit adj ) so in the spirit of generosity I have decided to leave it off.

 

I have decided to add interest at 8% to compensate me for lack of the use of those funds during the period that you had wrongly taken them. I realise that you will say that your charges are fair and within the OFT guidelines.

 

The OFT have said that they won’t investigate charges BELOW this level, not that the charges were lawful and right; but if you say they are I WILL ask you to prove this in open court!

 

If I do have to take this to court I may choose to add contractual interest in the spirit of what’s good enough for you is good enough for me! This will obviously affect the total claim significantly.

 

As regards the default, the copy I have states that I am in default of £166. Had you not have unlawfully raided my account on various occasions; the default might not have arisen.

 

Further as you owe me £734.24 I suggest that unless you do want a trip to court to explain why you had defaulted me when you actually had owed me money, that you remove the default. This is not negotiable.

 

I am also now taking issue with the default notice in that I doesn’t comply with OFT guidelines, in that at least the points noted are wrong

 

1 The notice gave 14 days from the date of notice not a specified date

 

2 The notice given should include time for service (2 days +14 days)

“The date of service of the notice is the date on which the trader either delivers or sends the notice by post to the customer. Where a notice is sent by post, allowance should be made for delivery time when calculating the date by which the breach must be remedied.”

 

3 The default notice is not dated

 

4 The default notice does not give a date by which the default can be rectified

 

88 Contents and effect of default notice

 

(1) The default notice must be in the prescribed form and specify—

(a) the nature of the alleged breach;

(b) if the breach is capable of remedy, what action is required to remedy it and the date before which that action is to be taken;

© if the breach is not capable of remedy, the sum (if any) required to be paid as compensation for the breach, and the date before which it is to be paid.

(2) A date specified under subsection (1) must not be less than fourteen days after the date of service of the default notice, and the creditor or owner shall not take action such as is mentioned in section 87(1) before the date so specified or (if no requirement is made under subsection (1)) before those fourteen days have elapsed.

(3) The default notice must not treat as a breach failure to comply with a provision of the agreement which becomes operative only on breach of some other provision, but if the breach of that other provision is not duly remedied or compensation demanded under subsection (1) is not duly paid, or (where no requirement is made under subsection (1)) if the fourteen days mentioned in subsection (2) have elapsed, the creditor or owner may treat the failure as a breach and section 87(1) shall not apply to it.

(4) The default notice must contain information in the prescribed terms about the consequences of failure to comply with it.

(5) A default notice making a requirement under subsection (1) may include a provision for the taking of action such as is mentioned in section 87(1) at any time after the restriction imposed by subsection (2) will cease, together with a statement that the provision will be ineffective if the breach is duly remedied or the compensation duly paid.

 

Regarding my agreement

 

As you have withdrawn my credit facility and are now asking for the full amount owed to be paid back, and have passed me onto an external collector I take that to mean that the agreement is terminated. As such any given or implied right for you to process my data has finished with the termination of the contract. I revoke ANY right that was given or implied to you to further process my data. Any further processing will be met with a complaint to the Information commissioner’s office, and any action I think reasonable including but not limited to litigation

 

Please don’t be condescending, I have a reasonable working knowledge of the Consumer Credit Act 1974, and yes you are quite right about what you are entitled to send. BUT you have NOT complied in that the “generic mailer agreement” was a current one and not the one I had allegedly signed up to, so therefore it is not a true copy.

 

Further as far as I can see it is an unexecuted copy (quote from your letter “Executed agreement” is defined in section 189 of the Act as, “a document signed by or on behalf of the parties, embodying the terms of a regulated agreement”) (please see also s61 cca1974).

 

The Application form supplied has not been signed by you and my signature has not been dated. There are no prescribed terms on the application form

 

Also the T&C are barely legible and were also probably current and not the terms in force when I signed the application.

 

Those facts alone mean that your obligations have not been met and as you are now well past your thirty day deadline I would suggest that you may have committed an offence and as such this agreement may now possibly only be enforceable by a court order if at all. A report is being readied which will call into doubt your fitness to hold a consumer credit license.

 

Also for your perusal….

S61 cca1974

61 Signing of agreement

(1) A regulated agreement is not properly executed unless—

(a) a document in the prescribed form itself containing all the prescribed terms and conforming to regulations under section 60(1) is signed in the prescribed manner both by the debtor or hirer and by or on behalf of the creditor or owner, and

(b) the document embodies all the terms of the agreement, other than implied terms, and

© the document is, when presented or sent to the debtor or hirer for signature, in such a state that all its terms are readily legible.

(2) In addition, where the agreement is one to which section 58(1) applies, it is not properly executed unless—

(a) the requirements of section 58(1) were complied with, and

(b) the unexecuted agreement was sent, for his signature, to the debtor or hirer by post not less than seven days after a copy of it was given to him under section 58(1), and

© during the consideration period, the creditor or owner refrained from approaching the debtor or hirer (whether in person, by telephone or letter, or in any other way) except in response to a specific request made by the debtor or hirer after the beginning of the consideration period.

[worm]

No !

thats a rip off!!

[ncf355]

really? what is the difference? I thought reg was better? though i have to say a rip off price for either!! do you get a refund if any letters go missing?

 

Hi,

 

Recorded is scanned at the point of postage, and (in theory) signed for the other end - it has no guaranteed delivery and I found out recently they only allow a claim for a lost item after 15 working days:o !

 

How the hell can that be called 1st class!!??!!

 

Also, recorded only covers you to 100 x 1st class stamp value

 

In all cases where lost, the item was not returned, despite the fact alll had the label with senders details on the back

 

The lack of service I received from Royal Mail when I had around 8 items go missing over the space of a month was disgusting

 

 

Special is scanned throughout the entire process, giving you better track of the item if there is a problem, also covers up to £250 as standard (more if you pay extra)

 

Guaranteed delivery by 1PM next working day (9AM if you pay more)

 

 

Of course, a cynical person I overheard one day said getting people to move to SD by creating issues with RD would be a shrewd and devious financial move, but I couldnt comment on that one

 

 

 

Personally, if there was a viable alternative to Royal Mail and their 'Services' I'd vote with my feet, I am not in the last bit surprised more and more companies are moving to UK Mail (though no idea if they are better/worst)

[davefirewalker]

Hi everyone

 

MONUMENT !!!! (post no3)

 

what a wunch of bankers.

 

I am in dispute, I have stopped the DD, I have written letters demanding my ppi back, they have been threatened with legal action.......and guess what

 

this mornings post

 

"you have missed this months payment, this might be an oversight etc etc"

 

DO THEY NOT TALK TO ONE ANOTHER ???

 

I despair

 

Dave

[worm]

Hi everyone

 

MONUMENT !!!! (post no3)

 

what a wunch of bankers.

 

I am in dispute, I have stopped the DD, I have written letters demanding my ppi back, they have been threatened with legal action.......and guess what

 

this mornings post

 

"you have missed this months payment, this might be an oversight etc etc"

 

DO THEY NOT TALK TO ONE ANOTHER ???

 

I despair

 

Dave

Hey dave dont despair!! I have the same problem no one knows what they are doing!! thats why so many people are in debt because of the system. what about the financial ombudsman then?

[ncf355]

The issue is the automated systems, X+Y = generate letter and post

 

Worst thing is when company are writing from 3 or 4 offices, you havent got a hope of getting through to the gits

 

I find court sorts it though

 

[davefirewalker]

Well...... yes this is obviously the way forward. I had given them 7 days to reply positively or I would start court action. this was up on Friday.

 

so in the spirit of carrying out threats or the threats are worthless, tues moring i'm off to the courts

 

Dave

[davefirewalker]

hi everyone.....cast your eyes over this.....it is supposed to be my credit agreement !!!!

 

theyre so in trouble

 

 

No reference to t&c

no prescribed terms

none of the important stuff

looks like an important bit torn off the bottom

 

ITS AN APPLICATION

 

they also sent me 14 freshly printed A4 sheets containg what is supposed to be the agreement

 

nothing to link the two.

nothing to say that they were the same as I agreed to

(nice paper though...feels like 100gsm or a bit higher)

 

it does mention things like "Key financial information"

which was NOT arequirement when I signed in 1999

 

hmmmmm

 

I think that they are sooooooo in trouble here

 

restitution of interest here I come

 

Dave

[1159skunk]

LMAO looks identical to an application form haha, when are ppl gonna stop trying to take us for muggs .

[ODC]

Wonder which part of Executable Agreement they dont understand

[davefirewalker]

was on the phone to moument on tuesday just before filing...to see how they were getting on with my claim........they hadnt even looked at it "we are EXTREMELY busy " (I'll bet) but I'll get back to you before 9pm tonight (tues)

 

fair enough she did and was somewhat flustered and could not answer my questions.....obviously needs a bosses approval.

she promised to get an answer and write to me by fri. I gave her until monday and told her come what may I am filing on monday at 10am.

 

lets see what transpires.....(btw nothing today........)

 

Dave

[worm]

hi everyone.....cast your eyes over this.....it is supposed to be my credit agreement !!!!

 

theyre so in trouble

 

 

No reference to t&c

no prescribed terms

none of the important stuff

looks like an important bit torn off the bottom

 

ITS AN APPLICATION

 

they also sent me 14 freshly printed A4 sheets containg what is supposed to be the agreement

 

nothing to link the two.

nothing to say that they were the same as I agreed to

(nice paper though...feels like 100gsm or a bit higher)

 

it does mention things like "Key financial information"

which was NOT arequirement when I signed in 1999

 

hmmmmm

 

I think that they are sooooooo in trouble here

 

restitution of interest here I come

 

Dave

go dave!!!:grin:

[itsmeandonlyme]

was on the phone to moument on tuesday just before filing...to see how they were getting on with my claim........they hadnt even looked at it "we are EXTREMELY busy " (I'll bet) but I'll get back to you before 9pm tonight (tues)

 

fair enough she did and was somewhat flustered and could not answer my questions.....obviously needs a bosses approval.

she promised to get an answer and write to me by fri. I gave her until monday and told her come what may I am filing on monday at 10am.

 

lets see what transpires.....(btw nothing today........)

 

Dave

 

Hello Dave,

 

I do not think that being busy is acceptable here..busy with what? with sorting out complaints...well, u have one aswell and while u were on the phone, they had to discuss ur case and sort it out...They put an assistants that r not knowledgeable...and take month to send u a standard letter...

I hope u ll get a call back or THAT letter....by friday/monday

 

wishing u good luck

 

 

Regards,

 

 

Maria

[ODC]

Hello Dave,

 

I do not think that being busy is acceptable here..busy with what? with sorting out complaints...well, u have one aswell and while u were on the phone, they had to discuss ur case and sort it out...They put an assistants that r not knowledgeable...and take month to send u a standard letter...

I hope u ll get a call back or THAT letter....by friday/monday

 

wishing u good luck

 

 

Regards,

 

 

Maria

Hope they are not too busy to attend court when they get the summons

[davefirewalker]

hi guys

 

thanks for the support....

 

regarding the monument account....I sort of felt a bit sorry for her (for two seconds) and I sort of put her on the spot. She couldnt answer a single question, and must have felt very vunerable. its nice to put the boot on the other foot for a change

 

well I will wait till monday mornings post and if they have not capitulated completely, its off to court to file.

 

regarding the american express agreement...did you notice that some info is torn off, looks like it might be some important stuff

 

Anyway almost finished composing a letter to them, i'll post it here and itll go off tommorrow

 

rgds

 

Dave