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conchy_joe

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  1. If a DCA supplies a reconstituted copy of the CCA what would be the next step? It seems that a reconstituted copy must be a " true copy " of the executed agreement, it must contain the Prescribed Terms. But given that there is no copy of the applicants signature surely it could be an agreement form with the details filled in. How can it be assumed that this " copy " represents a true copy that the claimant has supposed to have signed. Cabot have demonstrated a bit of sabre rattling when they say "Until we're able to provide this information , your account is unenforceable. This means we're not permitted to obtain a County Court judgement against you . Whilst we cannot pursue legal action, your balance remains outstanding ". I looked up a case... Cabot UK Ltd v Bachellier (2010) which might help, but it's tough reading, I'd prefer to plough through War and Peace. This particular case with Cabot is not huge , approx' £140, but the only other worry that I have is also with Cabot...£2100. They may try to make a point with lesser case.
  2. First Cabot, BOS loan Feb' 2001, They say they don't have relevant details on file so will request a copy of CCA and T&C from original lender. Could take some time but will update in 12 days .Ask that I continue payments (£1.00) while they manage my request. Also I've received four phone calls from them (unanswered). Second PRA Group, MBNA card June 2000, They acknowledge receipt of request and have requested required information, they say that the account has been put on hold until it's been received. Interestingly they say that they do not charge any fee for this request and have returned the £1.00 PO and will give update ASAP.
  3. As the first letter was lost ( acknowledged by Royal Mail ) I sent sent further CCA request 20 March, they received it on 22nd. That gives them until 9 April to reply. Whilst I was doing this I decided to send letters to Cabot and PRA Group, these were for myself. I received replies from both, should I give details here or open new threads.
  4. There is no contract with Step Change, they were simply a Not for Profit charity that helped set up this plan (£1.00 min' monthly payment) over twenty years ago. As you know these agreements state that " you agree to continue making these payments etc, when you stop the whole sum becomes payable ". This was agreeable because it kept the wolves from the door at a time of crisis. There is no " dumping " necessary, nor " kerb kicking ". Step Change are no longer in the picture. My first letter to Lowell never arrived and has been registered as lost, and so far the second one seems to heading in the same direction. I checked Companies House and their registered office address is Thorpe Park , Leeds. ( reg' 4558936 ) and yet their website gives an address is Savannah way , Leeds.
  5. Royal Mail seems to have lost this letter. I check the tracking number each day , all I get is " we've got it "....I must wait ten days before I can register a claim. I'll wait until the ten days are up and then send another request. Whilst I was dealing with Lowell I sent off two more CCA requests, one to Cabot and one to PRA Group, both have replied without CCA, should I give the details here, or open up a new topic under each name.
  6. She is paying a minimum £1 a month, and this was arranged through StepChange many years ago. The only reason that I am asking for advice now is because I was looking through some papers and noticed that the last Annual Statement from Lowell was May 2020. If they do not send annual statements as per the CCA 1974 are they not in default and does this effect there right to continue collecting the debt payments. I've no problem with writing to them requesting a copy of the CCA, but I don't understand how this would help her case.
  7. Good morning everyone, My partner has an agreement with NCO Resolve/Lowell regarding a debt incurred through Capital One. An agreement was reached with the help of Step Change to repay the outstanding amount with minimum monthly payments. The account was being managed by Lowell , however the last time that they sent an annual statement was 18/05/2020 at which time the outstanding amount was £281.73. In the FAQ at the foot of the statement it reads........." Why have you sent me this statement ? "....... Under the Consumer Credit Act 1974 , we are requested to send account holders an annual statement for any regulated credit agreements they have such as personal loans, credit cards, store cards, mail order accts etc. Could you tell me how the lack of annual statements may effect this arrangement.
  8. Just an update. EDF finally sent a disc with the missing calls although they just missed the deadline. My next task is to collate all of the data, and together with the summary of the whole thing send it off to the Ombudsman and register a complaint. Finally, with regards to my being registered with CAG since 2006, and that I should know my way around by now. In those early days I was solely dealing with Bank charges and PIP, and then again later only when Plevin appeared. Thanks for you help.
  9. To be perfectly honest I thought that issuing the second SAR would alert them to the fact that they had not completed the first. Also they have now sent one incomplete disclosure and have compounded that with missing the statutory one month deadline on the second Wouldn't the claim letter that I have posted be enough, given EDF's track record to date.
  10. Although I didn't write specifically about the missing calls, I assumed that my second SAR, which apart from detailing the calls also stated that they came from my mobile, would have pointed to the fact that the first SAR was incomplete.
  11. This why the five missing phone calls are so important, On the fifth call which lasted 44m 19s I specifically pointed out that there were no details of these calls. I went back and forth with the agent regarding the first call..12 May, I made a point of asking if there was any record of this call, finally I asked straight out are you saying that you have no knowledge of this call...she said no. This first call shows me explaining that the £435 had been paid and that would be going to cash/cheque quarterly, they agreed and yet continued to send monthly bills etc.
  12. The dodgy spelling is down to rushing, but thanks. On 7 October I sent a SAR Specifying the five missing phone calls and detailing the date of each call, the time each call was made and the duration of each call. It wasn't until 1 November the we received the following email from EDF..... I have reviewed your account, and I am waiting for the information to be sent to you, this was requested on the 18October. This can take up to thirty days to process. I have amended the resolution date to the 22 November, to review your complaint, ( this is my next working day ) It's signed by a woman in the Digital Complaint Resolution Team.
  13. Here is the letter I am preparing to send to EDF. Dear Sir/Madam General Data Protection Regulations - Subject Access Request. Account # XXXXXXXXXXXX Letter of Claim. On 26 July 2021 I made a statutory request for disclosure of my personal data. You have complied with the request but the disclosure was incomplete. There were at least a number of items missing of which I am aware, including records of phone calls. Your breech of statutory duty is distressing to me. If you do not complete the partial disclosure which you made within fourteen days of this letter then I shall sue you in the County Court without any further notice.
  14. I've basically used your letter more or less as printed, however I'm afraid that I didn't make a note of when I received the incomplete disclosure. Other than that it's virtually word for word.
  15. Thanks, You're right. My letter was too long winded, this is to the point. I'll use your guideline as a template and send it off today.
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