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Everything posted by A6er

  1. I called the thread Argos Additions as thats who they were when I first used them but they later become Additions Direct who are now owned by Shop Direct Group. SDG also own other well known catalogue shops such as Additions Direct Choice Empire Stores Great Universal Kays Littlewoods Littlewoods Direct Littlewoods Ireland Marshall Ward Hopes this clarifys things.
  2. But where do they actually say that in the letter, all I can see is where they admit they cant locate an agreement, or is it "between the lines" so to speak? As for the rest of your reply, I have copied and pasted it and will send it off asap so thanks for taking the time to advise on this, I really appreciate your help.
  3. I thought as much. Thanks for the reply.
  4. Hi Guys I just received this in response to my CCA request to Argos Additions 2 weeks before Xmas. What if anything is my next move and is their reply valid in any way. Thanks
  5. Thanks for the input,will keep you all up to speed on whats going on, Cheers
  6. Please help,I know you have probably all been busy over this weekend but I really need advice on this guys. Thanks
  7. Below is a copy of the letter that I sent off to Robberscum Way: "Dear Sir/Madam CCA Request With reference to the above account, I request that you send me a true copy of this credit agreement before I will correspond further on this matter. This is my right under the legislation contained within section 77 (1) and section 78 (1) of the Consumer Credit Act 1974, and I am entitled to receive a copy of my credit agreement upon request. Your obligation also extends to providing me with a Statement of Account. I enclose a £1 postal order, which represents payment of the statutory fee payable under the Consumer Credit Act. I understand that a copy of my credit agreement should be supplied within 12 working days from the date of this letter. I also 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. Furthermore, since you are a Debt Collection Agency, I would also ask that you supply to me a signed true copy of the Executed Deed of Assignment for the above referenced agreement. This is an obligation, whether you are the original creditor or not, under section 189 of the Consumer Credit Act 1974. Non-compliance with my request is a criminal offence under the above Act and will result in a report being submitted to the relevant statutory authorities. In summary, I DO NOT ACKNOWLEDGE THIS DEBT AND THEREFORE REQUIRE YOU TO SUBSTANTIATE THIS BY PROVIDING THE FOLLOWING DOCUMENTATION BEFORE I CORRESPOND FURTHER : 1. - True copy of original credit agreement 2. - Statement of account 3. - Copy of the executed deed of assignment from Lloyds TSB Bank PLC and Robinson Way & Company Ltd 4. - Fair Processing Notice. As you are aware, a credit agreement that is not properly documented and signed by the customer is totally unenforceable under the CCA and therefore is a complete defence to any court claim that is issued. Take note at this stage, that any legal action you may contemplate will be both vigorously defended and contested. Further to the above, please ensure that any contact by yourselves is made in writing only to the above address and should it be your intention to arrange a “doorstep call”, please be advised that under OFT rules, you can only visit me at my home if you make an appointment and I have no wish to make an appointment with you. There is only an implied license under English Common Law for people to be able to visit me on my property without express permission; the postman and people asking for directions etc (Armstrong v. Sheppard and Short Ltd [1959] 2 Q.B. per Lord Evershed M.R.). Therefore take note that I revoke license under Common Law for you, or your representatives to visit me at my property and if you do so, then you will be liable to damages for a tort of trespass and action will be taken, including but not limited to, police attendance. I must also insist that any representative of your company cease and desist from making any further telephone calls to my home,all calls are logged and will be forwarded to the relevant authorities if my wishes are not respected. ACCOUNT IN DISPUTE I must admit that I am rather bemused as to why this account has been passed to yourselves, as it is in dispute with iQor Recovery Services Ltd and has been since 3 March 2008. Not only is this a breach of OFT collection guidelines, but also in breach of the Consumer Credit Act 1974 and Data Protection Act 1998. As iQor Recovery Services are now in default of my Consumer Credit Act request, OFT Collection Guidelines, Subject Access Request and have also breached s10 Data Protection Act, I consider this account to be in SERIOUS DISPUTE and as such, you should be aware that while my Consumer Credit Act Request remains in default; enforcement action is NOT permitted and under s127of the Consumer Credit Act, this constitutes a complete defence at law. Now I would respectfully suggest that this account is returned to the original creditor(s) for resolution of these defaults and breaches, as Robinson Way & Company Ltd cannot lawfully pursue any enforcement activities. If Robinson Way & Company Ltd chooses to ignore my dispute and attempt enforcement, I will initiate legal action and file reports with the appropriate authorities, including, but not limited to,Trading Standards, Office of Fair Trading, Information Commissioners Office, Financial Ombudsman Service. To clarify my position I do not have any debt with your organisation, I do not acknowledge any debt with your organisation and I shall not enter into any negotiations to settle any debt you claim I have with your organisation. I again invite you to provide the original agreement showing that it contains the prescribed terms and is signed by both the original creditor and myself. If you are unable to do so, then I would invite you to give consideration to writing the balance off and closing the account. Yours Faithfully" Their reply is in post#1 so if someone can further advise I will be very grateful. Thanks
  8. Hi My wife has a Lloyds TSB Loan which has been defaulted on and to cut a long story short its been passed from various DCA`s and has now landed on RobbersScum Ways desk. We CCA`d them and they sent a reply which states "We can confirm that there is no Deed Of Assignment as we have not purchased the debt but are working on behalf of our client.Your data will be handled in line with the Data Protection Act 1998." Fistly,I doesn`t say who their client is. Although it states on the letter that the money is owed to Lloyds TSB,there were 2 previous DCA`s invloved before Robberscum got the account and therefore the client could be a previous DCA,is that right? Secondly, can a DCA hide under the line that just because they dont have a Deed of Assignment it still allows them to chase us as they are working "on behalf of our client" The 12 days rule is nearly up and as the previous 2 DCA`s couldnt produce a CCA I am doubtful that Robberscum Way can too. All thoughts and advice appreciated Thanks
  9. Been reading this thread with interest and cant believe that they have started the ball rolling again after nearly a year of silence!! Which begs the question, how long can these DCA`s hound you,even though they cant provide CCA agreements it doesn`t seem to stop them trying. The stress of going through the processes all over again must affect your daily life so is it not possible to take them to court for harrassment? All the best PennyPenny,hope you dont get too down with their renewed requests for payment.
  10. Thanks P1 Been away hence the late reply. I will SAR HSBC and check if any charges have been applied,but am still not sure if I can delay the CRAs untill i get answers from HSBC. Any thoughts on how i can delay them? Thanks
  11. Hi Guys Its been 3 days now and no further answers hence the Bump. Please advise on my next course of action Thanks
  12. Thanks Rory So,given that it looks like its enforceable, what options do i have now?? I am still in financial difficulties due to health reasons and there is no realistic way of repayment of this debt.Is bankruptcy the best way forward do you think, at least it will mean a clean slate in a few years instead of having this around my neck for decades. Or, are there any other options available? Cheers
  13. ok i will check put Paul again Thanks Priority
  14. Just tried to PM Paul and Tom but they dont accept private messages:( Can you inform them maybe, Thanks:)
  15. Hi PriorityOne, cant see where it says page 1 of 3 at the bottom,it says page 1 of 2 at the top right,but all they sent was page 1.I also received some bank statements from the date of default showing how they paid the direct debit,then returned the DD,then charged £35.00 for each default plus extra interest of about £18.00 each time.Does this sound like a Statement of Account you are on about? I would PM Paul (pt2537) or Tom (tomterm8), as they may be able to check out the figures for you and see if they're correct anyway. If not, the Agreement can be challenged on these grounds. Ok,will do. Were you ever issued with a Default Notice for this account and if so, did it include any unlawful charges (to your knowledge) ? According to your post #2, the account was sold by HSBC... and seems to have been passed around a bit in the meantime, so if an absolute assignment was made, which stated a total amount due that included unlawful charges, then the assignment itself should be unlawful. You would need to S.A.R - (Subject Access Request) the original creditor in order to find out about these charges, if you have no record yourself, but PM Paul/Tom before you do anything else, as they'll be able to look at the legal aspects of this one. Yes I was issued with a default.Presume it included charges but will have to check.I will S.A.R - (Subject Access Request) them asap. Please forgive me if any of this has gone over your head.... I'm thinking out loud, so that Paul/Tomterm can read it as well as you. Dont worry it hasnt , Really appreciate your input. Cheers
  16. Hi PV Thanks for the reply, The response to my CCA request was the last letter in post #3 above, and also they included this copy of my agreement. Hope this helps,
  17. Its been a few days now and really need some further advice on this,sorry to Bump but time is running out:( Thanks
  18. I have CCA`d every step of the way and only the last DCA, Global, responded.All the others ignored both my CCA requests and the Account in dispute letters. The only one i havent CCA`d is FV-1,but if,as you say,they dont exist,whats the point? I thought that if they sent a copy of my loan application with all the terms and my signature on,then that was complying with a CCA request. Global have sent me a copy of the agreement,together with copies of my bank statements from the date of my first default,please refer to the last letter above,also where Global state that their client (FV-1 I presume) had already sent these out to me previously,I think they are refering to when I CCa`d Experto Credite,the 2nd DCA to become involved in this,But the account was already in dispute with NCO by then and I pointed this fact out to Experto Credite by sending them an Account in Dispute letter. Here is a rundown of what i have sent the DCA`s: 30 June 2007 - CCA`d NCO Europe LTD - No Reply To Request. 15 August 2007 - CCA`d Experto Credite - No Reply In The Deadline 15 August 2007 - Account In Dispute Experto Credite - No Reply In The Deadline 12 October 2007 - Account In Dispute Experto Credite (Again!) - No Reply 3 March 2008 - Account In Dispute Experto Credite (3rd one sent!!!) - No Reply 10 March 2008 - CCA Global Debt Recovery - Reply Received on 12 March 2008 9 April 2008 - Received copy of Loan Agreement + Bank Statements from Global. Thats it so far,all advise gratefully accepted. Have I now reached the end of the road:( ? Are there any options left? Cheers
  19. Well Well Well, some very interesting reading there:o and here was me thinking i was being chased by different DCAs:mad: Going to work soon,nightshift:( !!, but will certainly give those links another read when i get in. Thanks for the info mate, what do you suggest I do now? Cheers
  20. Thanks a lot,appreciate your efforts:) If FV-1 dont exist,where does that leave me? And what will be the impact on the DCA`s apparently hired by FV-1 if in fact FV-1 dont exist anymore? Cheers
  21. Please would anyone help with this as all CCA letters or Account in Dispute letters seem to be of no avail and an utter waste of time, not to mention the expense of special deliveries.:o Thanks guys
  22. Then these come from another DCA,Global Debt Recovery, saying the that account is now theirs:mad: :mad: How many more i ask!!! They again portray that they have written to me before and that i returned their letters, this was the first contact they made with me!! Then this after I had sent CCA and Account in Dispute again At least these acknowledge my CCA and Account in Dispute letter to them.. Then finally this I didnt receive anything from them in October 2007!!! No CCA,No Records of Account, Statements etc.. LIARS!!!!! The only copies of Bank statements and the copy of my loan application were received with the above letter today.
  23. I CCA`d NCO and didnt hear anything until I received this from another DCA So i also CCA`d Experto Credite and also sent them an Account in Dispute letter in regards to NCO Europe,the original DCA. They replied with this It was as the original with my signature,but my thoughts are that as the account was in dispute with the original DCA,NCO,that they had no right to do any processing on my behalf. Experto just portrayed that they had been given authority from FV1 to chase this up but FV1 had originally passed it to NCO, who i CCA`d first.As they didnt respond to my request,surely this disallows Experto to take any action!
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