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  1. Hi All well after getting the letter off fairfax i sent them this slightly altered letter off this forum Dear Sirs I refer to your letter of 20/10/2011, the content of which is noted. No debt to you/your client is acknowledged. On 06/10/2009 I made a formal request by recorded delivery to your client pursuant to s.78(1) of the Consumer Credit Act 1974. They have failed to comply within the statutory time limit, or to state whether the agreement exists at all. It should not be necessary to have to remind solicitors that the provisions of s.78(6) now apply. If your clients have not informed you of this and/or you have not requested any proof concerning this matter, please regard this information as your official notification of the situation. In the circumstances you/your client’s threat of legal action would appear to be a breach of the Consumer Protection From Unfair Trading Regulations 2008 and the Office of Fair Trading Guidance on debt collection . Should you or your client bring proceedings, they will be robustly defended, and the Court's attention drawn to the above statutory breaches. Any further actions/demands by Experto Credite, Varde or Fairfax Solicitors will be reported to the relevant financial bodies if my formal requests are disregarded. Furthermore I reserve the right to bring the conduct of you/your client to the Court when the issue of costs is being considered. Yours faithfully Their reply was that they are passing the information on to experto....that was the last i heard up to now
  2. Hi Brig yeah they sent a raft of T&C's but i think they are the current ones, oh well looks like i will have to deal with them:shock: i also have a letter from they court which i will post tomorrow.
  3. Hi All Another update.....Connaught have finally sent me my long awaited CCA and i have hopefully posted it here, I am not sure about its validity but i have noticed that Halifax or bank of scotlasnd as it says have not counter signed it. if possible Could somebody cast their eyes over this and give me some advice on enforce ability? they also sent separate T&C's thanks http://s1202.photobucket.com/albums/bb370/busyjerome/
  4. Hi First I have had a look and i have had nothing from MBNA stating it has been sold at all, just a letter from experto stating that varde is "the legal assignee" not one of the letters have a wet signature on them so its all just standard threats. I am expecting the next ploy will be to go through the Northampton bulk center or to send a statutory demand which i am ready for. As another pointer i am going to send this to experto which i sent to lowell and got a reply stating that they were closing the account (see my barclaycrap thread) Claim: ********** 16/09/2011 Dear Lowell Financial/Red, AS YOUR RECORDS WILL SHOW THIS ACCOUNT IS IN DISPUTE AND HAS BEEN SINCE APRIL 2009. YOU ARE THE 4th AGENCY THAT HAS NOT BOTHERED TO ACKNOWLEDGE OR CHECK THIS INFORMATION WHICH WILL RESULT IN COMPLAINTS TO THE FOS AND OFT If this matter is to be the subject of legal proceedings as you imply, you are obliged to disclose under the Civil procedure Rules, the information and documents detailed below. The information must be furnished within 14 days of receipt to provide what has been requested. If you fail to comply, this will be reported to the appropriate Court, a copy of this letter will be provided as evidence to the same and an Order enforcing your compliance will be sought. 1. A true copy of the executed credit agreement and any terms and conditions that applied to the account at the time of default and at the time the account was opened. 2. All records you hold on me relevant to this case, including but not limited to: a. A transcript of all transactions, including charges, fees, interest, repayments and payments and both the original amount of the loan and any repayments made to it the account. b. Transcriptions of all telephone conversations recorded and any notes made in relation to telephone conversations by your company, or by any previous creditor c. Where there has been any event in my account history over this period which has required manual intervention by any person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to my account formerly held with Barclaycard d. True copies of any notice of assignment and/or default notice or enforcement notice that you or the original creditor sent me, with a copy of any proof of postage that you hold. e.Documents relating to any insurance added to the account, including the insurance contract and terms and conditions, date it was added and deleted (if applicable). f. Details of any collection charge added to the account; specifically, the date it was levied, the amount of the charge, a detailed financial breakdown of how the charge was calculated, and what the charge covers. g. Specific details of the fees/charges levied by any other agency in respect of this account and a detailed breakdown of said fees/charges and what each charge relates to and on what date said fees/charges were levied. h. A genuine copy of any deed of assignment, or proof that you have a legal right to this money. i. A genuine copy of any notice of fair use of my data as required by the Data Protection Act 1998 j. A list of third party agencies to whom you have disclosed my personal data and a summary of the nature of the information you have disclosed. 3. Any other documents you seek to rely on in court. 4. A copy of your complaints procedure, as required by the Consumer Credit Act 2006. 5. Clarification of the date you acquired the debt, what organisation you acquired it from, their registered office, their company number (if any) and what legal title they had to this debt, and what credit license number they had at the time that the debt was purchased or entered into. I will require this information within the next 14 days. I must advise you that if the information is not forthcoming, it will be reported to the appropriate Court that you are trying to frustrate proceedings and denying me the opportunity to file any defence on this serious matter if required. Yours Sincerely, MR BUSYJEROME *** ****ED OFF AND PUTTING THE ONUS ON YOU This is a letter off this site and i know it is when somebody has started court proceedings against you, but, slight alterations to it and just using their tactics of saying "we may take this and that action" seems to show them that they are in for a rough ride and you know a little about what they are sorry maybe going to do. After reading lots and lots off this site and other info on courts and procedures they have to prove the issue, so they can do the work for it as far as i am concerned. The first reply from that letter was that they were not taking court proceedings yet so the CPR was not warranted, the next letter said account closed at the mo as they could not get the CCA Hope this helps
  5. Update Not at lot to report just yet i have received a DN notice from experto on behalf of varde "they state i am in breach of the 'payment' clause under under you MBNA agreement which has been terminated" this was the 19th sept nice of them to let me know. I have then received a letter off fairfax solicitors stating the usual blurb payment now ..serious matter...9 days etc I think i will send experto a letter asking them to provide the CCA( again) that i have asked for and they have not provided but now refer to in their correspondence by the way all letters do not have a wet signature so i am struggling to take them seriously but i will try
  6. No more correspondence yet from the court or any of the others...so hopefully no news is good news
  7. Yep safely stored away....it seemed like a quick change of mind from them after getting that request, i think they must have looked at what i was asking for if it went to court and bailed. I think i may use that letter again before it gets to the court stage and see if it works again..
  8. UPDATE Well a good turn up for the books, finally after that CPR request they have responded....."we refer to your recent request for a copy of the original agreement for this account .After liaising with barclaycrap in an effort to obtain this document we have been advised that it is no longer available due to the length of time since the account was opened with you. We are closing your account ...we have closed our file and will not make further contact with you concerning payment against the account unless the agreement is received" Hopefully the end... thanks for all the help and advice peeps onward and upward
  9. No more news .............. has anybody read freeman of the land .........very interesting and rings true with me
  10. Update Got a letter stating that no more action will be taken until CCA has been found :lol: no more from SAR but i have been reading some very interesting info on freeman on the land and AFV accepted for value very interesting...has anybody else come across this it seems to ring a bell with me as true and correct
  11. Update lowells have now said they are going to get the CCA from barclays. I have another question that somebody maybe able to answer, back Nov 2009 barclaycrap sent a letter stating that debt managers LTD are now the owners of the debt. Later along the line after numerous bottom feeders i have a letter that has a very dubious barclaycrap logo on it but no address as they normally supply stating "we hear by give notice of the assignment of the debt " this was 10/6/2011 personally i think the letter is fake and not from barclaycrap. After it was sold to debt managers surely barclaycrap wouldn't take it back? has anybody had this experience and would it be legal for debt managers to sell it, if so i think they are using mocked up barclaycrap letters for assignment
  12. I have been calling the courts to tell them the situation but can not get through. I have sent an email to the officer i handed the forms too so i have a record so its a wait and see i think
  13. Thanks ford and everybody I will take everything on board and keep the thread informed as I think other readers might be in a similar position so hopefully this might help them too
  14. My forms were entered on the 23rd of sept and the date on the withdrawn letter says the 22nd of sept, I received it on the 24th of sept. I will send the SAR to them to show i am trying to get all my documents. The clerk at the court said that what happens now is they get sent a copy of my forms,the judge gets a copy and makes a decision 1. conclude there are no grounds to to set aside and dismiss the application 2. decide there are grounds for set aside and arrange a date for a hearing either way they said the court will contact me with the result so i presume the only other scenario is that when (1st crap it) get the defense they should state to the court that they have withdrawn or they just do not answer and don't defend. So I think that because I have entered the forms and the court is obliged to contact me whatever the scenario, I should be ok, but I will definitely contact the court ( if they will answer the phone that is ) My only fear now is if the judge dismisses the application (so sending them a copy of the withdrawn letter may be a good idea) Thanks for all the advice guys I think I have a clear way forward now 1. Advise the court I have a withdrawn letter and send a copy if required 2. Confirm with the court that i will be informed of the outcomes regardless of what happens 3. Send 1st crap it an SAR request to cover my actions 4. Wait for my CCA and SAR documents and the courts to contact me Does this sound logical and straight forward?
  15. Thanks for the replies, I didn't really have much time to research or get advice so that letter was the closest thing i could find. So as it stands they have withdrawn the SD (even though i have entered the 6.4 - 6.5 forms) so thats the immediate danger and stress delayed. So do you think an SAR to 1st credit is in order to see exactly what they have rather than specific docs that a CPR31.14 request would have to be as you say citizen?
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