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Misterzeus

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  1. I and Misterzeus send our heartfelt condolences to Martin's family and friends at this very sad time. We haven't been on here in a long while, but we've never forgotten the help we've gratefully received from Martin and many others. Rest In Peace Martin x
  2. Good afternoon, Mrs Z here, Mr Z has received the exact same documents as the OP but sent from a DCA and not Citi. In their covering letter they quote The Consumer Credit ( Cancellation Notices and copies of Documents) Regulations 1983. They go on to say and I quote: Pursuant to these regulations, we are required to provide you with a 'true copy' of the agreement. Specifically I would refer you to Regulation 3 (2) which states that the agreement is not required to be an exact replica of the original document but may omit certain information including any signature box, signature, or date of signature. They finish with: We consider that this document fulfils our legal requirement and that this debt is now enforcable. Enron, your view on how to proceed would be much appreciated. Kind Regards Mrs Z
  3. Thanks for your response diddydicky, Unfortunately, the CPR 31.14 letter will have been received by them by now! However, I was under the impression that if you wanted an executed copy of the CCA, CPR 31.14 was the best route to take anyway? Regarding your second post, quote: "Further and alternatively, it is denied that the agreement was properly executed and/or is now enforceable in whole or in part". Mr Z cannot state this as the Consumer Credit Agreement requested hasn't been sent yet, I think they may have something to say if he did say it! Thanks again Kind Regards Mrs Z
  4. Good morning, Mrs Z here. Docman thank you for your advice, but the DCA have said that they are in the process of requesting Mr Z's Consumer Credit Agreement diamondgirl, thank you for your advice, we will compile a letter to the DCA using your kind suggestions, much appreciated Thanks again Kind Regards Mrs Z
  5. Good afternoon, Mr Z has a query with a certain DCA/Bank; I don’t want to name ‘names’ at this point for obvious reasons. Anyway, Mr Z defaulted with a bank loan in Dec 07, but has been paying a token payment every month until the middle of this month when: A DCA sent a letter of “intended litigation”, so Mr Z responded with a Civil Procedure Rules (Pre-action directions – Protocols 4.6 template) letter. Meanwhile, another letter from the DCA arrived, headed NOTICE OF LITIGATION. Mr Z responded to that one with a variation of the Civil Procedure Rules – a request made under CPR31.14 (thanks CitizenB), but that’s by the by for now as it was only posted yesterday. Today, Mr Z has received a letter from the DCA who state: They acknowledge receipt of his letter (the first one) and are in the process of requesting a copy of his Consumer Credit Agreement. They go on to say they are pleased to note that Mr Z is aware of the Civil procedure Rules and would simply draw his attention to the Overriding Objective set out in Part 1.1 of the rules and more specifically Parts 1.1.2 © and (d). We have read the CPR parts they mention – even though they have cocked up on the number on the second one, we understand it. They go on to say basically that they believe some of the information requested seems to relate to issues that may not be in dispute. They also say that they believe some of the information requested is subject to legal privilege having prepared in contemplation of possible litigation. They go on to say: We write therefore, to ask whether you accept the fundamental principle here that you have made application for and have been granted credit in relation to the account in question. They add further: Could you please confirm to what extent, if any, you are prepared to admit liability for any credit advanced to you. They finish with: We reserve the right to produce a copy of this letter to the court and refer to any response or lack of the same from you in the event that proceedings are issued or if it is not possible for us to reach an agreement. We confirm that in the absence of information to the contrary from you, that this is a simple debt recovery matter and it is our objective to reach a sensible and affordable payment arrangement with you on behalf of our client. What I am asking is this: Should Mr Z ignore this latest letter and wait and see what the second letter sent to the DCA (CPR31.14 request) brings? Mr Z feels that he should respond to this latest letter from them but is not quite sure of what he should say. Any help would be greatly appreciated as always, thank you. Kind Regards Mrs Z
  6. Good afternoon all, Mrs Z here Thanks to everyone that has replied Fedupandfightingback's template could be amended and sent to the parasites omitting the following or maybe re-wording: You have indicated that a) You are giving Formal Notice that your client has instructed you to commence court proceedings against me without delay and b) Papers are now being prepared for commencement of action through my local court to seek a judgement against me. To this: You have indicated: a) the possibility of legal action if payment is not received by you on the * June 2009. Following on with the rest of the letter template as that seems relevant anyway regarding the alleged CCA they've (well, Cap One) supplied? Thank you all again, very much appreciated! Kind Regards Mrs Z
  7. It sounds much like Mr Z's fight with the Co-op and they discontinued!! From what I can see, I think they are p!!!ing in the wind! Good luck with your quest, although I think it is they who should be concerned - a complete shambles on their part! Doesn't surprise me in the slightest though, expecting some serious grief from them ourselves soon! Regards Mrs Z
  8. Good afternoon all, Mrs Z here with an update on Cap One. Well since the beginning of March Mr Z has received around 6 letters from CapQuest. Yesterday he had one from HL legal on behalf of CapQuest threatening court action if payment is not received by the beginning of June. Today, another letter arrives from CapQuest stating that Cap One has advised Mr Z that section 78 documents have been sent - which are non compliant and that his "complaint" ( letter template courtesy of cerberusalert) had been dealt with in February! Therefore they are advising that payment is now due in full - some hope!! Yesterday, Mr Z sent off a S.A.R request to Cap One, we'll see what this brings regarding the alleged CCA they've provided. Any advice on how to respond to Hl Legal please - if at all? Advice/opinions greatly apprciated as always Regards Mrs Z
  9. Thank you both again, I will get the letter typed up and posted before we go away. Thanks again Kind Regards Mrs Z
  10. I tried to add to both your reps again, but it tells me I must spread it around a bit first, but I'm a lady - lol!! Mrs Z
  11. Thank you for your quick response Viscount Stair! Should Mr Z head the letter with "WITHOUT PREJUDICE SAVE AS TO COSTS OF THE DETAILED ASSESSMENT PROCEEDINGS" still though or is there no need? Thank you pt2537, does that mean if they reneged on the matter we could use promissory estoppel against them? Thanks again Kind Regards Mrs Z
  12. Good morning all, Mr Z has today received a letter from the solicitors this morning in response to the letter sent (thank you Viscount Stair). It is headed WITHOUT PREJUDICE SAVE AS TO COSTS OF THE DETAILED ASSESSMENT PROCEEDINGS They say as correctly stated, as their client has discontinued Court proceedings, they would need permission from the Court to bring a further claim. They say their client confirms that they will not be requesting the Court's permission to start recovery proceedings against Mr Z in relation to Account Number **** **** **** ****. I have checked that the account number they've stated is correct and it is (perhaps I'm paranoid but I wouldn't put it pass them to alter it slightly, deliberately!) They then ask if Mr Z is prepared to accept their client's offer. Am I correct in assuming that this latest letter from them is enough to prove that this will be the end of the matter, more importantly because they have headed the letter the way they have, could we use it against them if they renege? Mr Z is happy to accept their client's offer, should he head his letter the same as they have when replying? Any advice/opinions gratefully received, we are going away on Monday and won't be back until the 12th May, so time is of the essence, we would like to get a reply posted off before we go. Kind Regards Mrs Z
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