Brooksdad v Woolwich - Page 5

e28bigalbexley · 6th February 2007, 21:02

No dont wait for them, it will just keep you away from your money for longer. Stick the LBA in the post first thing then you may as well get your N1 done (or whatever they use in NI) and ready for Wednesday fortnight

.
AL

hughes690 · 6th February 2007, 21:50

NOTE: LBA + Schedule already in their hands - posted Recorded del last Saturday. What about DCAs non-response, tho?

e28bigalbexley · 6th February 2007, 22:14

If there 12 W days are up i would write to them and tell them they are in default and the account is now unenforcable under the CCA1974 because of their failure to supply Copy of fully executed agreement.
They have untill (31 days) (from date of default) to rectify this or they will be committing an offence.
AL.

hughes690 · 7th February 2007, 09:44

Is there a template letter for this situation: DCA non-compliance?
Has anyone been here before?
Can any pal suggest appropriate wording for DCA non-compliance?
Would appreciate suggestions.

paddym · 7th February 2007, 11:07

I dont know too much about DCAs but i have read threads by a memeber who is challenging them and has some good knowledge on their operations so pm tbern123 they will give you some good advice !

hughes690 · 7th February 2007, 18:10

Anyone there to advise on DCA non-compliance? URGENT response wanted!

e28bigalbexley · 7th February 2007, 18:11

Hi Hughes
Just pad out what i put in my last post about, unenforcable, further calender monther and further month an offence is committed.
As it stands you dont have to pay them anything as they are in default.
You may want to get further info from Tamadus (pm Him) about weather in this situation they can process information to CRA's, i dont think they can because the agreement is unenforcable.

AL

tamadus · 7th February 2007, 18:51

If they have gone over the 12 working days then any agreement is now unenfoirceable until such time as they provide it.

I'd just send them a letter quoting the relevent section and reminding them that they have so long left before they commit an offence. Pretty much what Al has said. You want section 77 for a fixed sum loan and 78 for a credit card.

Consumer Credit Act 1974

hughes690 · 7th February 2007, 21:08

Oh. Still unclear re wording of letter re DCA default quoting relevant Acts.
Can I please have further advice/draft letter? - I want to be really sure of my action. I feel my claim for refund of unfair charges is more complicated than the norm with DCA involved. Woolwich is now over 14-day limit on Request for Repayment of charges and they are now in receipt of LBA and the clock is ticking on that! (They would have received LBA Mon last, 5 Jan 07).

tamadus · 7th February 2007, 21:20

your claim for charges is no different to normal so just go ahead and issue when the LBA expires.

In your letter include that pursuant to sec 77/78 of the CCA that as they have failed to respond with 12 working days that any alleged agreement is unenforceable and that after a further month they commit an offence which will be reported to the appropriate enforcement authority.

email it to me before sending and I'll take a look at it for you.

Personally I would ignore the DCA to a great extent. I regard them as somebody to have a bit of fun with while I carry on with the real work

hughes690 · 7th February 2007, 21:47

Thanks for that Tamadus. I really had to giggle at your DCA comment!

hughes690 · 8th February 2007, 09:16

I have prepared my letter for DCA. (Thanks Tamadus and BigAl for all your help).

hughes690 · 8th February 2007, 18:28

LO and BEHOLD! Not only a letter from Woolwich, but also one from Barclay! Blah letters they are - extending both their reply to dates - into March now. Will digest and report post Friday.

hughes690 · 8th February 2007, 23:04

I wonder why replies from both Woolwich AND Barclays?

e28bigalbexley · 8th February 2007, 23:12

Coz the Left hand dont know what the Right hands doing

.
You will end up dealing soley with Barclays.
AL

hughes690 · 9th February 2007, 12:33

A NOTHING UPDATE:
Two letters received yesterday - One from Barclays (dated 05 Feb 07) and one from Woolwich (dated 06 Feb 07).
Barclay letter appears to be a response to me for Woolwich referral (see earlier post) of case to Barclay (they elevated it!): '. . . while we will endeavour to respond to you within timescale outlined in your letter, we cannot guarantee that we will do so . . . however we do aim to find a solution within 4 weeks.' (???WHAT???).
Woolwich letter appears to be response to LBA (they received 05 Feb 07): 'We have taken responsibility for fully investigating the issue you have raised and aim to resolve by 06 Mar 07' (???WHAT???). I thought they had passed case to Barclay (see earlier posts).

I'm afraid this all appears unaccectable - not only to me but to all claimants out there.

Comments please.

tamadus · 9th February 2007, 14:08

Woolwich escalate every claim up to Barclays so that's normal.

I'd ignore their timescale and stick rigidly to your own.So 14 days after the LBA fiel on MCOL.

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