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Rahl

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Rahl last won the day on May 13 2008

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  1. Yes, it was really because of data protection issues that I thought to ask for the cca. So that a s(10) notice can be sent.
  2. I took a line out of that letter . 'Without Prejudice' . It shouldn't have been there, sorry . Should be : By Special Delivery Dear Sir/Madam Re:- Account/Reference Number 1234567890 No debt is acknowledged to you, or any other person or organisation you represent. With reference to the above agreement, we would be grateful if you would send us a copy of this credit agreement. We understand that under the Consumer Credit Act 1974 s.78 (1), s.77 (1) for fixed sum credit we are entitled to receive a copy of our credit agreement on request. Your obligation also extends to providing a statement of account. We enclose a £1 postal order in payment of the statutory fee, PO Serial Number xxxxx which represents the fee payable under the Consumer Credit Act. This is , you will appreciate, a statutory obligation, whether you are the original creditor or not, under section 189 of the Consumer Credit Act 1974. We understand a copy of our credit agreement should be supplied within 12 working days. We understand that under the Consumer Credit Act creditors are unable to enforce an agreement if they fail to comply with a request for a copy of the agreement under these sections of the Act. Please note, We must emphasize that the enclosed payment is the statutory fee in accordance with the consumer credit act 1974 s 77 (1) and is neither acknowledgement of nor token payment toward alleged debt . Please note that We have copies of all correspondence and attached payments enclosed therein. We look forward to hearing from you. Yours Just means you can use it in court now .
  3. CCA request : Needs 2 visits to the post office for this. First trip to get the postal order which you take the number of and include in your letter, then you copy/scan it all, second to post it . By Special Delivery Dear Sir/Madam Without Prejudice Re:- Account/Reference Number 1234567890 No debt is acknowledged to you, or any other person or organisation you represent. With reference to the above agreement, we would be grateful if you would send us a copy of this credit agreement. We understand that under the Consumer Credit Act 1974 s.78 (1), s.77 (1) for fixed sum credit we are entitled to receive a copy of our credit agreement on request. Your obligation also extends to providing a statement of account. We enclose a £1 postal order in payment of the statutory fee, PO Serial Number xxxxx which represents the fee payable under the Consumer Credit Act. This is , you will appreciate, a statutory obligation, whether you are the original creditor or not, under section 189 of the Consumer Credit Act 1974. We understand a copy of our credit agreement should be supplied within 12 working days. We understand that under the Consumer Credit Act creditors are unable to enforce an agreement if they fail to comply with a request for a copy of the agreement under these sections of the Act. Please note, We must emphasize that the enclosed payment is the statutory fee in accordance with the consumer credit act 1974 s 77 (1) and is neither acknowledgement of nor token payment toward alleged debt . Please note that We have copies of all correspondence and attached payments enclosed therein. We look forward to hearing from you. Send by special delivery in the same envelope as the statute barred letter, adopt a second new signature for these letters , one that is entirely distinguishable from your usual one. Use this second signature in all correspondence with them.
  4. You could ask for a cca as well, then serve a s(10) data protection notice on them when they fail to produce one, but the search will only stay there about 12 weeks. As regards the signature, they can allegedly do a lot with photoshop these days.
  5. Well it isn't good that they have a specimen of your signature . I suppose you could start signing letters in a variety of different ways, confuse them a bit as to which is the 'correct' one. You need to cancel the standing order .
  6. Do not sign that letter, just print your name . By what methods have you been making payments to them so far ?
  7. Once you send the letter above, the onus is on them to prove it is not statute barred, not for you to prove it is. You will need to escalate the complaint to the financial ombudsman as well as the OFT , considering they are not supplying you with a final or any other kind of response to your complaint.
  8. Think this part needs to say : Therefore please remove this from the alleged debt with immediate effect.
  9. Doesn't sound like they know anything about the original ccj. You might as well send them the statute barred letter too. http://www.consumeractiongroup.co.uk/forum/general-debt-issues/20758-creditors-dcas-letter-templates.html Letter M.
  10. If they specifically claim at a later stage that the £1 is to be paid off the alleged debt , then they are breaking the law : Theft (Amendment) Act 1996 S 24(a) Dishonestly retaining a wrongful credit : 24A. - (1) A person is guilty of an offence if- (a) a wrongful credit has been made to an account kept by him or in respect of which he has any right or interest; (b) he knows or believes that the credit is wrongful; and © he dishonestly fails to take such steps as are reasonable in the circumstances to secure that the credit is cancelled.
  11. The fact they knew what account to credit the PO to means they must have received the accompanying letter , therby acknowledgement in receiving the cca request. If i were you id just leave it for now, wait the 12 days for them to default . You have sent them the stat fee as obligated, it's up to them what they do with the £1 .
  12. Being statute barred won't stop robinson way from trying to collect on this alleged account . They'll come up with rubbish like 'we have sent you many letters regarding your debt and do not accept this debt is statute barred'. So be prepared for a long drawn out discourse in futility with them , get in contact with OFT as early as possible when they continue to harass you even after receiving the statute barred letter.
  13. Well email spam is not so bad from a dca , once you have sent your SB letter you will be wanting to contact the OFT if they persist in chasing you. And email spam, as opposed to letters , do not need to be scanned etc to be forwarded to the OFT . Let them send as many as they like , all the more incriminating for them . You could use a email address you do not use often or make a hotmail / yahoo one etc if you like.
  14. Email them another statute barred letter , this time with 'without prejudice' removed and ' I DO NO ACKNOWLEDGE ANY DEBT TO YOUR COMPANY' added instead. Then the email version is one you rely on in court.
  15. Keep those notice of assignment safe , if it describes the wrong date it makes the notice invalid and something else to add to your defence, should it go to court . W.F. Harrison & Co v Burke (1956).
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