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kevinmcuk

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  1. Hi I have today received a reply after I had sent a CCA request last week to a DCA called C L FINANCE. They replied stating the following: With reference to your letter dated 22/06/2007. We have enclosed a copy of your original contract for you Kwikfit Charge Account, reference number as above. This account has been assigned to C L Finance and we enclose a true copy of the extract of the deed of assignment relating to the assignment of your account. There is also an up to date statement of account enclosed as requested. We trust this now resolves your query. I have got issues with there reply; as they have only sent a photocopy of the application form which was signed and dated 29/09/1999, furthermore the document states on the top "AN APPLICATION TO OPEN AN AUTOCHARGE ACCOUNT" with the standard application layout. There are no terms and conditions, no credit limit, no details whatsoever other then the fact that it is an application for credit. Furthermore the statement of account; which is a print out from C L FINANCE shows the following: ORIGINAL DEBT VALUE: £98.70 CLAIM COSTS: £0.00 CLAIM FEES: £0.00 TOTAL INTEREST: £0.00 JUDGEMENT COSTS: £0.00 WARRENT COSTS: £0.00 WARRENT FEES: £0.00 PAYMENT: £1.00 13/01/2007 PAYMENT: £1.00 01/02/2007 PAYMENT: £1.00 28/02/2007 PAYMENT: £1.00 05/04/2007 PAYMENT: £1.00 03/05/2007 PAYMENT: £1.00 04/06/2007 PAYMENT: £1.00 22/06/2007 The statement does not show what the original £98.70 debt refers to; because I am disputing that amount. Therefore, have they supplied the correct documentation under my CCA request or not? and what shall I reply, because I cannot find any thread to assist me? Thanks Kevin.
  2. so is that 12 working days after the first letter; and then 30 calendar days added on top? for example, I sent the letter on 20/06/2007 and they received it on 22/06/2007, when shall I send the next letter? and also would this letter be alright for the reply? Dear Sir/Madam RE: Account Number: I refer to my letters dated XX June 2007, which were delivered via Royal Mail Recorded Delivery to your offices on XX June 2007 You have failed to acknowledge my requests in any way, whether by confirmation of receipt of the letter or by supplying the requested documents. The documents I requested should be readily available as proof of this alleged account/debt. In my letter dated XX June 2007 I made a formal request for a true and original copy of the signed, executed credit agreement for the above account/debt under Section 77(1) and Section 78(1) of the Consumer Credit Act 1974 and a true signed copy of the Deed of Assignment. In addition a full statement of that account/debt should have been sent to me detailing all relevant and justifiable financial information; along with any other documents mentioned within the credit agreement. You are reminded that you are obliged to supply these documents, whether you are the original creditor or not, as defined under Section 189 of the CCA 1974. The Consumer Credit Act allows 12 working days for this request to be carried out before your company enters into a default situation. If the request is not satisfied after a further 30 calendar days, your company commits an offence. These time limits expired on XX July 2007 and XX August 2007 respectively. As you are no doubt aware, Section 78(6) states: If the creditor under an agreement fails to comply with subsection (1) - (a) He is not entitled, while the default continues, to enforce the agreement; and (b) If the default continues for one month he commits an offence. Therefore on XX July 2007 this account/debt became unenforceable at law, as you have failed to comply with a request for a true signed copy of the said agreement, and other relevant documents mentioned in it, and failed to send a full statement of the account and failed to provide a true copy of the Deed of Assignment, under the relevant sections of the Consumer Credit Act 1974. Furthermore, I do not acknowledge the debt. I require the following action from your company: 1. Removal of all defaults entered by yourselves or third parties acting on your behalf in respect to this account/debt. Note this is to be a complete deletion and not merely an amendment. 2. I look forward to compensation under Section 13 of the Data Protection Act 1998 to be offered for the processing of my data in the manner it has been done over the past number of years. 3. You are required under Section 10 and Section 12 of the Data Protection Act 1998 to cease and desist all manual and automatic processing of my data within your company and any other company within your group. If you do not respond positively to my request, court action may be taken under Section 14 of the Data Protection Act 1998 to force your company or any other company within the group to comply with the removal of all defaults maintained and compensation for damage and distress as a result of unlawful data processing. I may also pass the matter to the relevant enforcement authorities including, but not limited to, the OFT, the Information Commissioners Office, Trading Standards, the CSA, the FOS and my local MP. I look forward to your reply within 14 days to resolve the matter amicably. Yours faithfully
  3. Hi, I need some help. I checked my credit file and noticed a mobile phone company (T Mobile) had placed a default notice on my Equifax credit file in April 2007; when the contract was taken out on 11/08/2000 and finished on 10/02/2006, and was transfered to a DCA over 4 years ago, to which I had paid £1.00 a month on the balance, and I had stopped paying in May after noticing the default and noticing a balance of £210 to which I disputed; and had demanding the contract from them, which they will not produce! They have failed to provide any contract, and I never received any default notice, infact I had never received anything from them! It is funny to notice that on my Call Credit credit file, the same account is shown, however it shows the account as opened on 11/08/2000 and the account closed on 10/02/2006 with a balance of £0.00 and a default of £0.00! what is going on here? WHAT CAN I DO? please direct and advise me? I really wana get rid of the stupid default that has appeared recently by T Mobile?
  4. I am now prepairing my second letter to reply to all those creditors who have failed to respond; what do you think of this? CREDITOR/DCA XX XX June 2007 Recorded Delivery Dear Sir/Madam RE: XXXXXXXXX I do not acknowledge any debt to your company. I wrote to you on XX June 2007 after obtaining copies of my credit file from Equifax, Experian and Call Credit, as I was concerned to notice that your company had placed a “Default” notice against an alleged account in my name. I had mentioned that I had no recollection of ever receiving such a notice, and I was unaware of such account. I stated that I did not acknowledge this debt and I asked you to substantiate the data at your earliest convenience, mentioning that I had also raised this matter as a dispute directly with the credit reference agencies. I am aware that you had received my letter to your offices on XX June 2007 by Royal Mail Recorded Delivery. I had formally requested that you supply me with an original, true-signed copy of a credit agreement that exists in relation to the alleged debt that your company has registered against my name and address; furthermore, I had also requested a statement of account; including a signed true and certified copy of the original default notice; and a deed of assignment if the alleged debt was sold on. These requests were made under my rights within Sections 77 and 78 of the Consumer Credit Act 1974 on payment of the statutory fee of £1.00 that was enclosed within the letter in the form of a cheque made payable to yourselves. Under the terms of the Consumer Credit Act 1974, a creditor has 12 working days to provide the requested document. Should they fail to do this, they have a further calendar month to rectify this default. Failure to comply within these timescales is a criminal offence. I would therefore consider this alleged debt as unenforceable and unsubstantiated. I would like you to update your records and inform the credit reference agencies to remove the default and adverse data that you have placed on my credit file as unsubstantiated. Yours faithfully KEVINMCUK
  5. Thanx, I thought as much; however if they send me a photocopy of a photocopy of a CCA agreement with a signiture on it; would that be accepted in court as proof of such contract or would they still have to supply the original signed copy? just curious? Kevin.
  6. I had sent a CCA s77/s78 request using the standard template; and two days later one company called HILLESDEN SECURITIES had replied as follows: Dear KevinMcuk ACCOUNT NO XXXXXXXX - FORMERLY MBNA XXXXXXXXXXXXXXXX - CONSUMER CREDIT ACT 1974 Thank you for your recent letter dated 20th june 2007 regarding the above account. This has been passed to me for attention. I would confirm and advise the following:- 1. I acknowledge receipt of your payment of £1.00 in connection with your data request under Consumer Credit Act 1974. We are still awaiting a copy of your original agreement with MBNA and a copy of the original default notice. When these become available they will be forwarded to you. 2. If we are unable to forward a copy of the original agreement, we will be able to supply a true copy of the document which will comply with section 78 of the Consumer Credit Act 1974 3. Please find enlcosed a copy of the key pages of the sale agreement between Hillesden Securities and MBNA. Please note that due to data protection we are unable to provide a full copy of the agreement, however, we would be happy to supply a full copy to a judge in court when required. Should you require anything further at this point please contact me accordingly. I will update you on developments in 21 days if there are no developments beforehand. Yours sincerely XXXX Director & Data Controller Direct Line xxxxxxxxxxxx I am very concerned about this letter as they have stated that they may not be able to supply the orginal agreement; therefore am I legally right to refuse a copy of a copy anf demand an orginal copy? secondly, the alleged agreement to which they had supplied looks rather strange, on the bottom left of the document there is a reference number like those shown on a computer, it reads: (Hillesden Card 2002.doc) and the agreement is computer typed apart from the day within the date section which has been hand written as 24 therefore showing 24 day of October 2001, however throughout the rest of the document, there is a reference number on the bottom left showing (C:\TEMP\Hillesden Card 2002.doc) therefore I would I be right in legally challenging the actual contents of this agreement, and challenge the fact that this is not an original copy, but rather some computer print out? Please advise, this is the first reply from 5 different creditors I have written to. Kevin.
  7. I had sent a CCA s77/s78 request using the standard template; and two days later one company called HILLESDEN SECURITIES had replied as follows: Dear KevinMcuk ACCOUNT NO XXXXXXXX - FORMERLY MBNA XXXXXXXXXXXXXXXX - CONSUMER CREDIT ACT 1974 Thank you for your recent letter dated 20th june 2007 regarding the above account. This has been passed to me for attention. I would confirm and advise the following:- 1. I acknowledge receipt of your payment of £1.00 in connection with your data request under Consumer Credit Act 1974. We are still awaiting a copy of your original agreement with MBNA and a copy of the original default notice. When these become available they will be forwarded to you. 2. If we are unable to forward a copy of the original agreement, we will be able to supply a true copy of the document which will comply with section 78 of the Consumer Credit Act 1974 3. Please find enlcosed a copy of the key pages of the sale agreement between Hillesden Securities and MBNA. Please note that due to data protection we are unable to provide a full copy of the agreement, however, we would be happy to supply a full copy to a judge in court when required. Should you require anything further at this point please contact me accordingly. I will update you on developments in 21 days if there are no developments beforehand. Yours sincerely XXXX Director & Data Controller Direct Line xxxxxxxxxxxx I am very concerned about this letter as they have stated that they may not be able to supply the orginal agreement; therefore am I legally right to refuse a copy of a copy anf demand an orginal copy? secondly, the alleged agreement to which they had supplied looks rather strange, on the bottom left of the document there is a reference number like those shown on a computer, it reads: (Hillesden Card 2002.doc) and the agreement is computer typed apart from the day within the date section which has been hand written as 24 therefore showing 24 day of October 2001, however throughout the rest of the document, there is a reference number on the bottom left showing (C:\TEMP\Hillesden Card 2002.doc) therefore I would I be right in legally challenging the actual contents of this agreement, and challenge the fact that this is not an original copy, but rather some computer print out? Please advise, this is the first reply from 5 different creditors I have written to. Kevin.
  8. Hello; I have recently notice some county court judgements upon my credit file to which I have no recollection off. I have never paid any amount towards them and do not know who they are for. I have never admitted liability for the debt and never received any documentation relating to the accounts/debts etc, therefore I am prepairing paperwork to take them to court to have them set aside, and wanted to know if I am on the right track. I have prepaired the following N244 form and Affidaviate. * KEVINMCUK (PLAINTIFF) x * x (DEFENDANT) XXXXX I wish to apply for the county court judgement (XXXX) dated XX/XX/XXXX to be set aside. The reason being that: (1) I had recently checked my credit file and had noticed that the county court judgement (XXXX) dated (XXX) issued by the defendant; was registered against my name and address; furthermore, I have never admitted liability or accepted the debt in question; never paid any amounts to this alleged debt and I had no recollection of its insistence. (2) I have not acknowledged or admitted liability for the alleged said amount or debt registered within the county court judgement initiated by the defendant. (3) I am unaware of the alleged debt and the defendant has failed to provide any information; evidence or documentation to substantiate the alleged amount and debt. (4) I had not received any notification of this debt; or justification or accountability into the exact calculations of such amount by the defendant. (5) I have never received any default notice, nor had I been granted any notice of the alleged debt; furthermore, I had never received any court summons, or received any notifications in respect to this case. (6) I had not received any notification of any judgement made; and therefore have been unable to appeal or submit any litigation until now. Signed: ……………................ Sign here: ……………............... Plaintiff / Defendant Dated: 20th June 2007 AFFIDAVIT Sworn on 20th June 2007 Filed On Behalf of the Plaintiff. In the x Case Number:_______________________ BETWEEN : KEVINMCUK (PLAINTIFF) And X (DEFENDANT) I kevinmcuk Of X MAKE OATH and say as follows: 1) I AM the Plaintiff herein 2) THE written contents of Notice Of Application Form N244 annexed hereto are true. 3) I THEREFORE ask that this Honorable Court grant my request for judgment in the above case to be set aside. SWORN at x This day of 20th June 2007 ANY WORDS OF ADVICE OR IS THIS OK?; I have also contacted several companies who have issued defaults on accounts to which I do not know and have not paid, I have sent them this template letter: Wednesday 20th June 2007 Recorded Delivery Dear Sir/Madam RE: Account number - xxxxx I do not acknowledge any debt to your company. I had recently obtained copies of my credit file from Equifax and Experian and I was concerned to notice that your company has placed a "Default" notice against an alleged account in my name. Further to this I would like to mention that I have no recollection of ever receiving such a notice, and am unaware of such account; therefore I do not acknowledge this debt and I require you to substantiate this data at your earliest convenience. I have also raised a dispute directly with the credit reference agencies. 1. You must supply me with a true copy of the alleged agreement you refer to. This is my right under your obligation to supply a copy of the agreement under the legislation contained within s.78 (1) Consumer Credit Act 1974 (s.77 (1) for fixed sum credit). Your obligation also extends to providing a statement of account. I enclose a £1 cheque in payment of the statutory fee, Cheque number 000223 attached. 2. You must supply me with a signed true and certified copy of the original default notice. 3. Any deed of assignment if the debt was sold on I would request that this data is provided to me within the next 14 days, if you are unable to provide this data then I must insist that it is removed from my files as unsubstantiated. I look forward to hearing from you within the next 14 days. Yours faithfully kevinmcuk
  9. Quick question; I am rather concerned that if I submit my request for S78 AND S77 consumer credit act data request; the DCA or creditor will use that as a tool for me admiting liability to the debt? should I still send my requests and how long do they legally have to reply, what if they dont reply? what if they supply partial information, or bad photocopied material? is it legally worthy to be considered as an orginal copy? are the creditiors required to actually hold the original signed copy or can they produce only copies? because if a actual copy is required, then can this be examined in court if action was taken by ether side?
  10. thanx; ill check it out, cause thos DCA do not have a clue and refuse to listein to the facts I present, anyways im also gona get them to provide the documentation; as they will not be able to produce anything relating to me. I already one one backrupcy case that one of the creditors attempted to do; I had it set aside in the high court due to the fact that they were unable to provide any original contract and any account details, lol, I even got costs awarded to me, it will take time but im sure ill get it sorted.
  11. thanx for the advice; I will await the CRA response from my dispute with these accounts and defaults, and contact each company sending them the template letter; requesting that they supply me with a copy of the orginal default notice and the signed agreement from back in 1998/1999. However I will have to wait for the CRA to respond so that I can get the addresses of the creditors in question as currently they are with several DCA and I dont even think they know where the accounts had come from! K
  12. thanx; yeah I have never had dealings with these companies; and they relate to an account that had missed several payments before becoming defaulted, however I was never notified at the time of defaults, and was unaware of these accounts being present until I had obtained my credit file.
  13. Hi; just wanted some advice on default notices, I have recently checked my credit file and have noticed several default notices relating to accounts I am unfamillier with. I had contacted one company and challenged there court action at the high court to which I had won on the basis that they had failed to provide any contract or documentation relating to such account, also my credit file was updated immediately after I had won the case. However, there are around 9 other defaults to which I need to challenge, and needed to know how I could go about it? I have already sent a dispute to the credit reference agency, following this template as shown below; just wanted to know what happens next? **************************************************************** After recently obtaining a copy of my credit file from EquiFax I was concerned to note that this company had placed a "Default" notice against an alleged account in my name. Further to this I have no recollection of ever creating such account or receiving such a default notice, and I therefore ask and require that this company substantiate this data at the most earliest convenience. 1. I ask that the company supply me with a true copy of the alleged agreement to which they refer to. This is my right under there obligation to supply me with a copy of the agreement under the legislation contained within s.78 (1) Consumer Credit Act 1974 (s.77 (1) for fixed sum credit). there obligation also extends to providing a statement of account. 2. I ask that the company supply me with a signed true and certified copy of the original default notice and the alleged account contract. 3. I ask that the company supply me with any deed of assignment if the alleged debt was sold on. I would request that this data is provided to me within the next 28 days, if they are unable to provide this data then I must insist that it is removed from my files as unsubstantiated. Yours faithfully kevinmcuk
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