NCO europe Help Please

[rory32]

out of cash, if a creditor states that this is a copy of your agreement (the copy could be a napkin with your signature on it) under the CCA1974 this is a copy of the agreement. The fact that it is not an enforceable credit agreement is exactly what you want.

[pecky1]

Thanks Rory for the reply, yes it has my sig on it as it was the application form that i original filled out for a card and sent to them in 2001 no terms or conditons or any finacial information on the form regarding thier card, It is signed by someone from cap1 but looks like its been added and couldnt tell you the name as its not legible, so i take it that NCO cant enforce this debt,

[rory32]

so i take it that NCO cant enforce this debt,

No the debt is unenforceable. They will however probably keep trying to enforce it, so I think something along the following lines to Cap One cc'd to NCO is in order.

 

Dear Sirs,

Thank you for your response to my request under the Consumer Credit Act section 78.

 

I am pleased to see that you confirm this as a true copy of the original agreement executed by ourselves on the (date).

 

As you must realise this agreement does not conform to regulation 61(1) of the Consumer credit Act and is therefore unenforceable under section 127(3) of the same act.

 

As this is the case I will of course be making no further payments on this agreement, any further action on your part to enforce will be vigorously contested.

 

Any earlier actions relating to sharing of data with credit agencies or defaults should immediately be removed.

I shall also be considering further action to recover unlawfully applied interest and charges that have been levied on the “Agreement”.

[pecky1]

Oh thank you so much, letters off tomorrow, will keep you informed on progress

[pecky1]

Sent Rorys letter as in this thread after recieving another debt letter from NCO Now recieved today another letter

Quote,

As you have failed to resolve this account they are now going to pass my file and account history to S.C.LEATHAM-LOCKE LLB.

They will be instructed to prepare papers for a commencenment of legal action or employ assistiance of their field force. After five days of this letter S.C LEATHAM-LOCKE will be given permission to make that decision without further reference to me.

Has anyone heard of LEATHAM-LOCKE and do NCO have the right to hand over my account history all NCO have provided me with is a Application form nothing else they told me to contact CAP ONE for doa,which i have not as NCO should have it which they clearly dont.

At the moment I am waiting for CAP ONES response to my reject letter of good will payment them its off to court we go. I have made a token payment to Cap One as suggested to me.

Where do i now go with NCO is this just one of thier scare Tatics i have googled LETHAM- LOCKE no information came up.

Any feed back on the next move would be gratefully recieved, as they are really hacking me off now i feel like ringing them as this is what they want me to do, but i wont.

[Curlyben]

LOL, yep that'll be NCO's paramilitery wing and completely toothless.

Check your PM's

[pecky1]

Thank you so much Curlyben excellent information will fire it of to them today, Glad we have people on here like you to offer your help

Thanks again.

Sue:p

[Curlyben]

Well RMA/NCO are my personal "friends"

[pecky1]

Update on NCO,

Wrote a lovelly letter to NCO that Curlyben sent me regarding the fact no CCA recieved DOA missing and reporting them to TS, and that the account was in dispute with CAP ONE

Recieved to day nice letter from LEATHAM-LOCKE pre litigation department,with the address of NCO in the top right hand corner (they must share the same office)

They recommend that further action be taken on my account and that my details should be passed to an outside field agency

Of course I have 48hrs to phone the phantom Ms Black on a 0870 no

Also letter has LEATHAM -LOCKE in red all over it red for danger maybe!

 

Do you think I should reply to them again, or is this just one more of thier tatics? Will send on this letter to TS:p

[Curlyben]

pecky here's one for the solicitors

Dear Sir/Madam,

 

Your Ref : xxxxx

 

Your Client : XXXX

 

I refer to your letter of xx/xx/2007, which was received today.

 

Frankly, I am surprised of the need to remind a firm of solicitors about the terms and conditions surrounding my Consumer Credit Agreement request (Consumer Credit Act, 1974); received by XX DCA XX on xx/xx. I can only assume therefore that they failed to inform you.

 

Should your client now persist with threats of legal action as stated in your letter, I will welcome the opportunity for a judge to look at several offences committed by XXX DCA XX under The Consumer Credit Act, 1974, as well as your client’s non-compliance with and total disregard for the law on this occasion.

 

Yours faithfully,

[pecky1]

Thank you Curlyben will send to day:p

[morrie]

Ah - good old leatham-locke LLB.

 

LLB after the name only indicates that this individual has gained a law degree - don't assume that they are solicitors and take their letter as the standard 'scare tactic' letter it is.

 

I assume that if you write you will not get any response.

 

And what is a 'pre-litigation' department ? Why don't they just send an LBA ?

 

I suppose that writing back will show that you are a tough cookie to deal with though so it could have its advantages.

 

Good luck and kepp up the good fight

[pecky1]

Hi Morrie

Take it you might have heard of LEATHAM-LOCKE before, think you are right in them using scare tatics, have replied with Curlybens letter see what happens now, They havent complied with the CCA request only sent Application form no DOA. If I have to go to court with this then so be it they want to hope they have all the right documents, They have already been reported to TS.

[pecky1]

Recieved today letter from NCO operations Manager, think this is thier reply to the letter Rory did for me,

 

Further to your correspondence on the 13/7/07. I can confirm that we have responded to your request for a copy of the application made to Cap One and associated credit agreement in respect of this account. You have also been advised that should you require the signed copy of the deed assignment then you shoud contact Cap One directly.

 

I have enclosed a copy of the application form and signed credit agreement along with your payment history with NCO.

 

May i redirect you to Cap One Services who will be in the position to provide you with all the supporting documents.

 

They then go on to give me thier phone no to ring them.

They have sent what they sent me before which is my Application Form from 2001 and some screen statements, Surely they must provide the DOA I shouldnt have to request it from Cap One. So I still dont know who owns this Debt,

Waiting on Cap One to reply to last letter before Action

There are no Terms and Conditions on the Application form no Apr.

 

Shall I just ignore or reply

Thanks

Sue:p

[The Reverend]

Hope you dont mind me subscribing,have sent cca to these people this week,so fully expecting the same fun and games .

[pecky1]

Hi The Reverend,

Its fun and games all right with this Lot.

[The Reverend]

Hi The Reverend,

Its fun and games all right with this Lot.

 

 

 

 

 

Hi there Pecky,how i wish i'd found this site year's ago,like pretty much everybody else,been scared to open the door,open letter's etc etc,what with reading lot's of thread's and learning lot's,let's bring it on I think,lol.

[pecky1]

Recieved today letter from NCO operations Manager, think this is thier reply to the letter Rory did for me,

 

Further to your correspondence on the 13/7/07. I can confirm that we have responded to your request for a copy of the application made to Cap One and associated credit agreement in respect of this account. You have also been advised that should you require the signed copy of the deed assignment then you shoud contact Cap One directly.

 

I have enclosed a copy of the application form and signed credit agreement along with your payment history with NCO.

 

May i redirect you to Cap One Services who will be in the position to provide you with all the supporting documents.

 

They then go on to give me thier phone no to ring them.

They have sent what they sent me before which is my Application Form from 2001 and some screen statements, Surely they must provide the DOA I shouldnt have to request it from Cap One. So I still dont know who owns this Debt,

Waiting on Cap One to reply to last letter before Action

There are no Terms and Conditions on the Application form no Apr.

 

Shall I just ignore or reply

Thanks

Sue:p

Bump any one

[rory32]

They don't need to legally show a Deed of Assignment unless they go to court. They are however legally required to provide you with a Notice of Assignment.

[pecky1]

Thanks rory,

So shall I request the Notice of Assignment, or leave it as you have mentioned in this thread that this is now unenforcable by NCO,

I am also now waiting for reply by Letham-Locke.

NCO keep being informed that the debt is in dispute, but I did notice in the letter they sent me they fefer to thier client CAP ONE which makes me think they dont own this debt.

Thanks for explaining the DOA

[rory32]

So shall I request the Notice of Assignment, or leave it as you have mentioned in this thread that this is now unenforcable by NCO,

 

I would just leave it and allow them to dig a big hole for themselves.

[itsamomentintime]

even the 'Operations Manager' believes that an application form = CCA

 

dear me

 

stupid is as stupid does

[pecky1]

Thanks for that a Hole it is then!

[The Reverend]

Hi pecky , have you heard anything lately from our friends in Preston ??

 

Im still getting the threat - o - grams

[noomill060]

reverend-

 

Send them a SAR for all personal data they hold on you.