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    • Thank you for that "read me", It's a lot to digest, lots of legal procedure. There was one thing that I was going to mention to you,  but in one of the conversations in that thread it was mentioned that there may be spies on the Forum,  this is something that I've read quite some time ago in a previous thread. What I had in mind was to wait for the thirty days after their reply to my CCA request and then send the unenforceable letter. I was hoping that an absence of signature could be the Silver Bullet but it seems that there are lot of layers to peel on this Onion.  
    • love the extra £1000 charge for confidentialy there BF   Also OP even if they don't offer OOC it doesn't mean your claim isn't good. I had 3 against EVRi that were heard over the last 3 weeks. They sent me emails asking me to discontinue as I wouldn't win. Went infront of a judge and won all 3.    Just remember the law is on your side. The judges will be aware of this.   Where you can its important to try to point out at the hearing the specific part of the contract they breached. I found this was very helpful and the Judge made reference to it when they gave their judgements and it seemed this was pretty important as once you have identified a specific breach the matter turns straight to liability. From there its a case of pointing out the unlawfullness of their insurance and then that should be it.
    • I know dx and thanks again for yours and others help. I was 99.999% certain last payment was over six years ago if not longer.  👍
    • Paragraph 23 – "standard industry practice" – put this in bold type. They are stupid to rely on this and we might as well carry on emphasising how stupid they are. I wonder why they could even have begun to think some kind of compelling argument – "the other boys do it so I do it as well…" Same with paragraph 26   Paragraph 45 – The Defendants have so far been unable to produce any judgements at any level which disagree with the three judgements…  …court, but I would respectfully request…   Just the few amendments above – and I think it's fine. I think you should stick to the format that you are using. This has been used lots of times and has even been applauded by judges for being meticulous and clear. You aren't a professional. Nobody is expecting professional standards and although it's important that you understand exactly what you are doing – you don't really want to come over to the judge that you have done this kind of thing before. As a litigant in person you get a certain licence/leeway from judges and that is helpful to you – especially if you are facing a professional advocate. The way this is laid out is far clearer than the mess that you will get from EVRi. Quite frankly they undermine their own credibility by trying to say that they should win simply because it is "standard industry practice". It wouldn't at all surprise me if EVRi make you a last moment offer of the entire value of your claim partly to avoid judgement and also partly to avoid the embarrassment of having this kind of rubbish exposed in court. If they do happen to do that, then you should make sure that they pay everything. If they suddenly make you an out-of-court offer and this means that they are worried that they are going to lose and so you must make sure that you get every penny – interest, costs – everything you claimed. Finally, if they do make you an out-of-court offer they will try to sign you up to a confidentiality agreement. The answer to that is absolutely – No. It's not part of the claim and if they want to settle then they settle the claim as it stands and don't try add anything on. If they want confidentiality then that will cost an extra £1000. If they don't like it then they can go do the other thing. Once you have made the amendments suggested above – it should be the final version. court,. I don't think we are going to make any more changes. Your next job good to make sure that you are completely familiar with it all. That you understand the arguments. Have you made a court familiarisation visit?
    • just type no need to keep hitting quote... as has already been said, they use their own criteria. if a person is not stated as linked to you on your file then no cant hurt you. not all creditors use every CRA provider, there are only 3 main credit file providers mind, the rest are just 3rd party data sharers. if you already have revolving credit on your file there is no need to apply for anything just 'because' you need to show you can handle money. if you have bank account(s) and a mortgage which you are servicing (paying) then nothing more can improve your score, despite what these 'scam' sites claiml  its all a CON!!  
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Help composing letter to solicitor, please?


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Right, here we go:

10th May posted financial statement to Arc (Egg) plus offer of 20.00 per month with a 10.00 postal order towards that payment. (Sent in normal post not recorded).

No written reply.

 

Discovered this website shortly after.

 

Just found a letter today, that i'd accidently put to side with some junk mail from Trevor Munn Solicitors acting on behalf of Arc.

Letter dated 25th April states Arc are preparing to issue a claim against me in Northampton County Court to recover debt. Solicitors been instructed to start this 10 days from date of letter unless a full or substantial payment is made and a firm commitment to pay is received. There is then the usual paragraph about a ccj and damage to credit plus court costs of 190.00. I am advised to contact Arc on legal helpline (won't do this - letter only).

 

17th May sent for CCA request to ARC with 1.00 PO registered post.

 

I've also just thought i a ought to S.A.R Egg with 10.00 PO REGISTERED POST!!.

 

I think i should write to solicitor to let them know i am awaitng ARC response re CCA but i do not know how to word the letter. This is the bit i wondered if come-one could help me with. If there's any other useful info - let me know!!

 

Since finding this site i have learnt:

No 'phone correspondence.

Registered post all the time.

Don't let people bully you.

 

Thank you everyone. :-)

I'm midway through the tunnel, but getting closer to the light.

 

 

 

Please be aware that i am not an expert in anything!

I may offer an opinion, but the final decision is yours.

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Dear xxxx

 

Ref xxxx

 

Thank you for your letter of xx/xx/2007.

 

Your client received a legal request for a Consumer Credit Agreement (Consumer Credit Act, 1974) on xx/xx/2007. Therefore, until such times as your client is able to comply with my request, the account remains in dispute and no further action should be taken by yourselves.

 

If you have any queries in relation to this matter, I suggest that you liaise with your client directly.

 

Yours sincerely,

 

:)

 

Hope that helps... Send it by rec. delivery.... ;)

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Nicely put priority.........should do the trick hopeful!!

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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Thank you very much. As always your help is much appreciated. I wish i had less debts - all these POs are costing a fortune!! Hopefully it'll all be worth it in the end.:rolleyes:

 

Thanks again.:D

I'm midway through the tunnel, but getting closer to the light.

 

 

 

Please be aware that i am not an expert in anything!

I may offer an opinion, but the final decision is yours.

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Thank you very much. As always your help is much appreciated. I wish i had less debts - all these POs are costing a fortune!! Hopefully it'll all be worth it in the end.:rolleyes:

 

Thanks again.:D

 

You're very welcome.... ;)

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Sorry to butt in on thread, but I am in same position as Hopeful1 - same letter from Trevor Munn after I've sent CCA to ARC. This might assist us both.

 

Are one of you clever boffs able to advise me on this query (sorry if it seems a bit daft! :) ). If a DCA does not own a debt, but are collecting on behalf of their client (Egg), can the DCA's solicitors threaten court action? I am wondering about this as I understood only the owner of the debt can take you to court - however the Trevor Munn letter specifically states that they are preparing court action on behalf of ARC (does not mention Egg). :???:

WOOLWICH -S.A.R - (Subject Access Request) sent 03/03/07 :cool:

LBA sent for non-compliance with Data Protection Act 28/04/07 :mad:

 

ABBEY - S.A.R - (Subject Access Request) sent 03/03/07 8)

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Ha! Good question! I'm guessing they can't which is pretty much what the letter posted above is telling them. I'm sending it tomorrow registered post. If the DCA can't prove they own a debt then that means they have no right to enforce it. I would then CCA Egg, who would then need to provide evidence of the legal agreement before they can pursue the debt any further. I'm also going to send SAR to Egg. Running out of 10.00 notes for all these actions, but it's so worth it. 8)

 

I'm just about to go to Royal Mail to track all the CCA letters i sent last Thursday.

 

Let me know as and when you hear anything. Have you made any contact with Trevor Munn or are you going to?

I'm midway through the tunnel, but getting closer to the light.

 

 

 

Please be aware that i am not an expert in anything!

I may offer an opinion, but the final decision is yours.

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Hi Hopeful. LOL Yeah I know what you mean about running out of tenners :) - I think I'm going to be bankrupted by the cost of recorded delivery too!

 

I'm going down the same route as you - haven't yet made contact with Trevor Munn by am going to send the same letter as you this week. We'll have to compare notes....

 

What I am thinking is - if when ARC answer my CCA request they can't provide a deed of assignment and/or confirm that they are not the owners of the debt and are just collecting it on behalf of Egg, where does that leave Trevor Munn? If (and I might be assuming this and be totally wrong :???: ) only the owner of the debt can take legal action then surely the threats of such action in the Trevor Munn letter (specifically action on behalf of ARC) are misleading. Is it something that the OFT and the Law Society should be made aware of - 'cause I'd love to report the b******!!! :-D

WOOLWICH -S.A.R - (Subject Access Request) sent 03/03/07 :cool:

LBA sent for non-compliance with Data Protection Act 28/04/07 :mad:

 

ABBEY - S.A.R - (Subject Access Request) sent 03/03/07 8)

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HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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Sorry to butt in on thread, but I am in same position as Hopeful1 - same letter from Trevor Munn after I've sent CCA to ARC. This might assist us both.

 

Are one of you clever boffs able to advise me on this query (sorry if it seems a bit daft! :) ). If a DCA does not own a debt, but are collecting on behalf of their client (Egg), can the DCA's solicitors threaten court action? I am wondering about this as I understood only the owner of the debt can take you to court - however the Trevor Munn letter specifically states that they are preparing court action on behalf of ARC (does not mention Egg). :???:

 

Up until fairly recently, a DCA was able to get away with threatening court action because it was rarely queried/defended. People have been so intimidated by these companies that they have just towed the line and paid, sometimes for years, without being brave enought to question anything. In this way, DCAs (and creditors) were able to prey on the vulnerable and go for a CCJ because ... when there's no defence (i.e. CCA non-compliance)... then they win by default.

 

One of mine tried this very recently.... :cool: .... and failed ! :-D No-one had a CCA.

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Thanks Rory & Priorityone :) and well done for seeing off that DCA Priorityone - excellent!

 

It'll be interesting to see what happens - I am looking forward to winding up Trevor Munn immensely..... :D

WOOLWICH -S.A.R - (Subject Access Request) sent 03/03/07 :cool:

LBA sent for non-compliance with Data Protection Act 28/04/07 :mad:

 

ABBEY - S.A.R - (Subject Access Request) sent 03/03/07 8)

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I'm with you on that one majorclanger100! I keep forgetting to take my T Munn letter with me, but i'm definitely doing it today. I shall wait with baited breath. :cool: Keep in touch.

 

I've never looked forward to getting the post like i do now i've sent off all these CCAs. I have even made the decision to answer my house 'phone now because i have the confidence to say "writing only" and put the 'phone down. Woo Hoo bring it on! :D

I'm midway through the tunnel, but getting closer to the light.

 

 

 

Please be aware that i am not an expert in anything!

I may offer an opinion, but the final decision is yours.

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LOL :D

 

Yes isn't it great to look forward to the post again. My wife thinks it's hilarious when I get disappointed because there's no nasty letter from a DCA waiting for me when we get home from work. She has seriously got into this too - put the fear of God up some bloke from ARC Europe last week when he dared to ring her at work (apparently he couldn't get off the phone quick enough!). Like you say PriorityOne - no hiding behind the sofa now!!!

 

Will keep in touch Hopeful1 - can't wait to hear what the response to our letters will be! :)

WOOLWICH -S.A.R - (Subject Access Request) sent 03/03/07 :cool:

LBA sent for non-compliance with Data Protection Act 28/04/07 :mad:

 

ABBEY - S.A.R - (Subject Access Request) sent 03/03/07 8)

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I sent my collection of CCAs off on 17.05.07, so the expiry date will be 06.06.07. Now the fun has begun :p - Arc have today replied:

"We are writing to confirm safe receipt of your payment for 1.00" and then goes on to say they've noted i do not have a payment plan in place (because they've not acknowledged my recent offer) and i must contact them, yes you've guessed it...URGENTLY, otherwise will go to solicitors etc.

 

Now, firstly i won't be ringing them. My query is that i can't work out if they've used the 1.00 PO as payment against my account rather than for the CCA. Do i need to write to clarify that but say the original expiry date will still stand? If i do need to do this, could anyone help me with the layout of the letter, please? :)

I'm midway through the tunnel, but getting closer to the light.

 

 

 

Please be aware that i am not an expert in anything!

I may offer an opinion, but the final decision is yours.

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Ok. I shall sit tight and wait for the next installment :rolleyes: . I keep wishing time away : i wait for the post; i'm waiting for CCA expiry dates, not to mention pay day!!

 

At least once all this is over i'll know where i stand one way or another and can take the time to relax.

 

Thank you for your reassurance.

I'm midway through the tunnel, but getting closer to the light.

 

 

 

Please be aware that i am not an expert in anything!

I may offer an opinion, but the final decision is yours.

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Hi all,

 

I'm in the same position with Trevor Munn (egg credit card). Egg defaulted us 3 weeks after a missed payment. Maybe because they received my SAR and knew what was coming? Anyway got a lovely bog standard letter from trevor this morning ..... same blurb as everyone else. I hope they all know how to whistle dixie ........ anyway - what I want to know is how can they quote me court costs of £140 for a £500 debt, when it would only cost me £80 to file for that amount in a county court?

Do you think they might be trying to rip me off and intimidate me hoping that in my ignorance I might just pay them?

 

Ha! Ha! have I got news for them ....... I'm a cagger afterall!!

 

Cheers Ajjars!

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Firstly an update on BCW (Cahoot) (CCA sent a week ago):

2 letters received today. The one with the earliest date says the business solicitors are looking at account re attachment of earnings and asset investigation.

The 2nd, dated a day later, says to contact them to avoid debt being passed to Business Solicitors :confused: (Thought they'd already done that!!)

So, i'm guessing i keep sitting this out until 12 day expiry.

 

Now the questions:

In the meantime, should i S.A.R Cahoot? If yes, does anyone have an address, please?

 

Also, i sent CCAs to NDR and Weightmans at the same time. RM is not showing these letters as being delivered. Because RM is unreliable could the DCAs claim they've not received my letters, in which case should i pre-empt this and send them again by special delivery?

I'm midway through the tunnel, but getting closer to the light.

 

 

 

Please be aware that i am not an expert in anything!

I may offer an opinion, but the final decision is yours.

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I'm just bumping this to see if anyone can answer the above questions here (PLEASE!), rather than starting a seperate thread.

 

Thank you in advance to any takers! :-)

I'm midway through the tunnel, but getting closer to the light.

 

 

 

Please be aware that i am not an expert in anything!

I may offer an opinion, but the final decision is yours.

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Have you tried phoning RM? Sometimes it takes an age for them to update their website.

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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I've taken your advice (thank you for that) and The Royal Snail have not yet delivered to either Weightmans or NDR. I'm cross because that's 5 days lost :( I'm going to do it all again tomorrow but Special Delivery this time. It's more expensive but i think more reliable. I'm glad the POs were only for 1 squid!

 

Here we go again.....

I'm midway through the tunnel, but getting closer to the light.

 

 

 

Please be aware that i am not an expert in anything!

I may offer an opinion, but the final decision is yours.

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Just an update:

 

NDR - re-sent CCA should arrive Tuesday.

WEIGHTMANS - as above

BCW - nothing further since "contact urgently" and "sending to solicitor letters"

MBNA (for OH) - they've sent their own S.A.R request form/ID request. Will send Tuesday with copy of original letter because fees have already been sent. Cheeky blighters!

This is the one i'd appreciate opinions on:

ARC - have sent CCA on behalf of clients (EGG) and now want full payment in 7 days.

:???: The question i've been asking is clarifiction that i do not have to deal with ARC if they haven't sent me a deed of assignment. Or is it easier to send them my budget sheet and a monthly payment offer?

I'm going to S.A.R Egg on Tuesday. Should i send them my offer of payment instead?

I'm midway through the tunnel, but getting closer to the light.

 

 

 

Please be aware that i am not an expert in anything!

I may offer an opinion, but the final decision is yours.

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Hopefully i have successfully attached the copy of the loan agreement i've been sent by Arc on behalf of Egg. Can anyone give me their opinion on it, please? It would be much appreciated :)

EGGAG1.jpg

EGGAG2.jpg

I'm midway through the tunnel, but getting closer to the light.

 

 

 

Please be aware that i am not an expert in anything!

I may offer an opinion, but the final decision is yours.

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Hopeful,

Can you try attaching this again- it's too small for me to read.

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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