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Pliny the Penuriosus

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  1. Another useless chocolate teapot of a so called regulator
  2. It most certainly does
  3. Sorry Willows they do know what they are doing. Its called jerking you around or trying to confuse things as they have no intention of complying with the law Robinson are wrong & they know it. If the 'own' the debt they also have the same obligations as Cap 1 under the law. If they don't have a properly executed signed agreement they cannot enforce the debt..............period
  4. See in red above If you really do want to fight you will have to follow previous advice? Until you decide to take the initiative this will go on & on
  5. They don't write they send an email along the lines of "is the information correct" the client (usually some kid in the office that day) responds "yes" & that's it. No "give us proof" nothing just their clients word. When I brought this to their attention their response has been "we are not geared up to investigate" My response "then you should NOT be collecting data which may be wrong thereby causing great distress & financial loss to consumers. You are not "fit for purpose"
  6. Blade if they have registered the default they 'own' the debt. Catch them out by sending MBNA a SAR
  7. spiritgirl Just to be clear I'm referring to a CCA request & NOT a DPA SAR
  8. ncf I'm sorry because of confidentiality I cant give you any more details at this time but I can assure you I have seen the summons in question. I can tell you the trial date is 27th July & it involves an ordinary consumer/debtor & a very well known national DCA Not sure were you get the idea it's not a criminal offence to fail to comply with a CCA section 77-78 request. If they default for 42 days a criminal offence is commited 77 & 78 Duty to give information to debtor under fixed or rolling–sum credit agreement (1) The creditor under a regulated agreement for fixed-sum credit, within the prescribed period after receiving a request in writing to that effect from the debtor and payment of a fee of £1, shall give the debtor a copy of the executed agreement (if any) and of any other document referred to in it, together with a statement signed by or on behalf of the creditor showing, according to the information to which it is practicable for him to refer,— (5) A statement under subsection (4) shall be given within the prescribed period after the end of the period to which the statement relates. (6) 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. The only costs you risk are those of the defendant if you don't attend court otherwise it costs nothing but a stamp plus some time & trouble Don't forget if it was succesful the OFT would have to consider whether or not the are fit to hold a licence. Anyway if you have doubts wait until the current trial has been held before going ahead
  9. Spiritgirl Please note!! Have they committed a criminal offence such as failing to comply with a CCA request within 42 days. If so write to the local magistrates court. Supply them with the relevant CCA letters plus evidence of receipt & reference to the legislation asking that as the DCA have committed a criminal offence the court duly issue a summons for trial It has already been done by another consumer for non-compliance & the court has issued a summons with a trial date
  10. It is my understanding that the principal prescribed terms should be on the same page & above the signatures
  11. CRA's have a duty to ensure that the data they hold & process is accurate. However disgracefully they continually try & hide behind the fact that it's their client's who provide it. The ICO continually fail to bring these agencies to book When the fight with the banks is concluded they will be next to face the consumers wrath.
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