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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times.

Poppay2

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Everything posted by Poppay2

  1. Poppay2
    Hi CitizenB they used UKMail which does not have a date stamp on it. I thought myself that this would already be going down the court route once again. doubt that it is statute barred especially as the last claim some months before the SD kicked in. will just have to wait for the claim form. will advise as soon as it arrives. thanks
  2. Poppay2
    once more I return into the fray... .. Having had a judge set aside a Statutory Demand in 2013, Cbot have returned and have sent threatening letter stating that if I do not contact them within 7 days of the date on the letter they will proceed with the CCJ court action. Of course there is NO date on letter. I still have no CCA from them, however they did sent a statement of account a couple of weeks ago. I am currently at work and trying to view other threads regarding this matter, as I know I need to research this new development, any advice would be most welcome. my bad.... just found the date on the letter was dated 28 May I received it Tuesday 2 June
  3. Poppay2
    have now managed to upload total contents regarding cca request that Caboot sent me. this is the application form that is apparently also the cca. although I did not fill it out myself, its not my writing. there is PPI on it, but when I needed it to pay the loan, i was told I didnt qualify, yet other debts with PPI had not denied me and it was for the same reason.
  4. Poppay2
    I am a bit confused as it says Application, but also Consumer Credit Agreement. The writing on the form is not my writing. The terms and conditions are not all on one page and are too small to read. PPi was misold, as I found I could not claim when I became unemployed and when I was diagnosed with narcolepsy.
  5. Poppay2
    Hi well, would you credit it? (excuse the pun) I received copy of cca from Cabot for the ARrgoos account, which is currently going through county court. I will post it up when I have time as at work at present. One thing.... there is PPI on this account. any advice on how I move forward now would be most welcome. regards Poppay
  6. Poppay2
    Hi DX Thanks for the information, I have filed a defence similar to the one you have provided. I had read several posts dealing with the same sort of thing and the same companies. I edited mine with my details and read more posts for a few hours. I had already filed my defence before you replied, as I may not be able to do it tomorrow, as I am going out for the day, and I dont want to risk missing the deadline, especially if I should be out late for any reason. I will advise as to how matters develop. thanks Poppay2
  7. Poppay2
    I am going to file the defence now, as i am not going to be around to do it tomorrow. fingers crossed that it is ok. regards Poppay2
  8. Poppay2
    Is the draft below suitable unenforceable letter to send to them? Dear Sir/Madam I DO NOT ACKNOWLEDGE ANY DEBT TO YOUR COMPANY REFERENCE NUMBER: ***** On (date) I made a formal request for a true signed agreement for the alleged account under consumer credit Act 1974 s77/8. You have failed to comply with my request. As you are no doubt aware section 77(6) states: If the creditor fails to comply with Subsection (1) (a) He is not entitled, while the default continues, to enforce the agreement. Therefore this account has become unenforceable by law as you have failed to comply with a lawful request for a true, signed copy of the said agreement and other relevant documents mentioned in it, failed to send a full statement of the account and failed to provide any of the documentation requested. Consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS. Furthermore I shall counterclaim that any such action constitutes unlawful harassment. Please note you may also consider this letter as a statutory notice under section 10 of the Data Protection Act to cease processing any data in relation to this account with immediate effect. This means you must remove all information regarding this account from your own internal records and from my records with any credit reference agencies. Should you refuse to comply, you must within 21 days provide me with a detailed breakdown of your reasoning behind continuing to process my data. It is not sufficient to simply state that you have a ‘legal right’ you must outline your reasoning in this matter and state upon which legislation this reasoning depends. Should you not respond within 14 days I expect that this means you agree to remove all such data. Furthermore you should be aware that a creditor is not permitted to take ANY action against an account whilst it remains in dispute. The lack of a credit agreement is a very clear dispute and as such the following applies. * You may not demand any payment on the account, nor am I obliged to offer any payment to you. * You may not add further interest or any charges to the account. * You may not pass the account to a third party. * You may not register any information in respect of the account with any credit reference agency. * You may not issue a default notice related to the account. I reserve the right to report your actions to any such regulatory authorities as I see fit. You have 14 days from receiving this letter to contact me, in writing, with your intentions to resolve this matter which is now a formal complaint. Yours faithfully
  9. Poppay2
    Hi Brigadier This is not the first occasion that Cca has been requested from them, they just keep selling the debt on, or just use different arms of their company to chase it. so, I should send them letter stating that debt is unenforceable despite having to file my defence within the next 24 hours?
  10. Poppay2
    I believe this is the defence i should submit. I understand it is very late in the day, but any feedback on it would be most welcome. 1. The Defendant contends that the particulars of claim are vague and generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made. 2. Paragraph 1 is denied with regards to the Defendant owing any monies to the Claimant. The claimant has failed to provide any evidence of agreement/contract/breach as requested by CPR 31.14 and a Section 78 request. Therefore the Claimant is put to strict proof to: (a) show how the Defendant has entered into an agreement/contract with the Claimant; and (b) show how the Defendant has reached the amount claimed for; and © show how the Claimant has the legal right, either under statute or equity to issue a claim. 3. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed. 4. On the alternative, if the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of the consumer credit Act 1974. 5. On the 29th July 2014 I made a legal request by way of a section 78 request to the Claimant. The Claimant has failed to comply and therefore is in default of this request and as such unable to request any relief until compliance. 6. On the 29th July 2014 I made a legal request by way of a CPR31.14 request to the solicitor acting on behalf of the Claimant. The Solicitors have stated they are not required to provide any documentation in support of this Claim. 7. By reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.
  11. Poppay2
    was hoping to have worked on this long before now, but unfortunately had not recovered from illness fully, and it floored me again. Thankfully, fighting fit now I have heard from both cabot and restons and both have sent their statutory letters cab ot in reply to cca request (not the first request) said they would try to obtain but it could take up to 40 days. resto ns have sent what appears to be their statutory reply to a CPR request, as I have discovered from reading other threads. I am concerned that with being so ill the past 3 weeks I may have miscalculated as to when my defence should be filed i thought it was 27 August, but having counted out 33 days on the calendar I now make it the 25 aug which is tomorrow. I have an idea as to what the defence may be and will work on it now. In order for us to help you we require the following information: RESTONS ON BEHALF OF CABOT Date of issue – top right hand corner of the claim form – this in order to establish the time line you need to adhere to. 24 JULY 2014 Date of issue XX + 19 days ( 5 day for service + 14 days to acknowledge) = XX + 14 days to submit defence = XX (33 days in total) - What is the claim for – the reason they have issued the claim? The Claimant claims payment of the overdue balance due from the Defendant(s) under a contract between the Defendant(s) and Arg Card Services Ltd dated on or about 03/01/2002 and a assigned to the claimant on 20/11/2006 in the sum of £1123 Particulars a/c no:- **************** DATE ITEM VALUE 01/07/2014 Default Balance 1123 Post Refrl Cr NIL TOTAL:- 1123 What is the value of the claim? 1123 + 70 + 80 = 1273 Is the claim for a current or credit/loan account or mobile phone account? It is for an Argos Store Card When did you enter into the original agreement before or after 2007? Before 2007 Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. It is the Debt Purchaser who has issued the claim Were you aware the account had been assigned – did you receive a Notice of Assignment? Yes in November 2006 Did you receive a Default Notice from the original creditor? Possibly Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? No, I dont think I have Why did you cease payments:- I was made redundant and also became ill Was there a dispute with the original creditor that remains unresolved? I tried to claim on the PPI that was on the card when diagnosed with permanent illness, but I was told that I could not claim, I did fight this, but they would not pay out. Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? Yes, but it was still sold on a few times. Requested CCA from three or more Debt collection agencies including CABOT, none were able to supply it. What you need to do now. Answer the questions above If you have not already done so – send a CCA1974 request to the claimant sent to cca request CABOT who replied and said can take up to 40 days to obtain. Arg sent a reconstituted copy of CCA, mostly terms and conditions, no dates, no amounts, no signature, nothing but my typed name at the head of the terms and conditions Send a CPR31.14 request to the solicitor named on the claim form for copies of documents mentioned/implied within the claim form. There are two different versions - one for Loans/Credit cards the other for Current account Also sent CPR31.14 to restons, who have replied with their standard reply to CPR requests (as discovered from reading other threads dealing with REstons)
  12. Poppay2
    Hi Brigadier I should therefore delete other references to other documents? I also went a mad week before last, and sent off 3 ccca requests, thought I would cover all bases, still no sign of a ccca poppay
  13. Poppay2
    still reading up, and have changed 'agreement' to 'contract' in the CPR letter.
  14. Poppay2
    hi have been reading up on stuff and currently compiling CPr request letter to send to Restons, the only mention of any document is '..under a contract bewteen the Defendant and Arg Card Svcs' a couple of things crossed my mind, are they using the term 'contract' instead of 'cca'? of which they have said they do not need in a previous letter. and can I refer to the 'contract' as the request made when I originally sent the cca request to them? and can the contract be a document that I request a copy of? as no other documents seem to be mentioned I guess that I delete reference to other documents in the CPR letter? apologies if all a bit garbled, have been rather ill all week, and only just back on my feet. regards Poppay
  15. Poppay2
    How wonderful to be harangued out of spite !! I guess to them I am nothing but a number and a probable cash cow. However, they do seem a rather nasty bunch from what I am gleaning from posts on this site. despite hating having to deal with it, i certainly will not be just allow them to get a ccj by default. Unfortunately too busy at work to be able to focus on this, will have to take a day off late in the week and so that i can focus on what I need to do next, payday soon so I can get the SAR request off this week too.
  16. Poppay2
    I totally agree with you. No DCA has been able to provide any paperwork and now they have crazy solicitors Pestons raising court claims left right and center.
  17. Poppay2
    the Particulars of the claim are: The Claimant claims payment of the overdue balance due from the Defendant(s) under a contract between the Defendants(s) and Arg Card Services Ltd dated on or about 03/01/2002 and assigned to the Claimant on 20/11/2006 in the sum of £1123.04 PARTICULARS: A/c no: *************(** DATE ITEM VALUE 01/07/2014 Default Balance £1123.04 Post Refrl Cr NIL TOTAL:- 1123.04 Typed verbatim. I dont think the default balance is right as they are using the this July for the total at default. there is no other information undedr the PARTICULARS OF CLAIM. Nothing about documentation or anything else. Poppay
  18. Poppay2
    hi have my internet connection back, just in time too, as I have just recieved a claim form from the county court business centre in Northampton. restons were indeed on a direct course for the courts, despite the request for a cca. do i need to ask CAbot for a cca as they are the client? I have requested CCAs for this from other debt collectors, even Moorcroft and none were able to supply one. How should I proceed with county court claim? should I say that I dispute the claim? say that no dca has been able to provide a cca? say that I wrote and requested a cca from Restons? I will get cca request and SAR off to ARgos asap. Poppay
  19. Poppay2
    should I also point out that the case they refer is in reference to a loan and not a credit card/store card
  20. Poppay2
    apologies, have not been able to upload the letter as lost internet connection at home. is a dispute letter in order in this instance to REstons?
  21. Poppay2
    Hi Brigadier I am assuming that they are trying to scare me with so called legal 'precedents'. Thank you for pointing out that it is a credit card, or to be precise a store card. which amounts to the same thing. Should I reply with a dispute letter? I have a feeling that they are just itching to begin court proceedings. As Marlin have sent a letter threatening legal action on the Aqua issue, the date on the that letter is Monday which is the date I sent the cca request to them for this issue. It feels as though they cannot wait to send that one on to Restons also. It all feels as though its going through on a conveyor belt system Poppay
  22. Poppay2
    just wondering if I should send Restons a dispute letter?
  23. Poppay2
    Hi All Restons replied and the main gist of their letter is as follows: I will upload Restons reply later today as they have returned my request and also stated that a there is no longer an agreement as this terminated when I defaulted on the loan. they refer me to the Judgment of His Honour Judge Simon Brown QC in Rankine v American Express Services Europe Limited. they have not said what their next move is though. should I CCA cabot now? regards Poppay
  24. Poppay2
    Hi I too have been having correspondence from these people. Thought I would just point out that the envelopes that my letters from them have arrived in have absolutely NO DATE on them. They are not using Royal Mail but another mail system, in fact letter from their solicitors Restons arrived at 6pm. I too have noted that their letters are taking 5 days to arrive. this is a well known DCA/Nasty Solicitors tactic good luck regard Poppay
  25. Poppay2
    thanks Brigadier was concerned as was not sure what to do first and didnt fancy the whole court thing again. I will get the CCA request off to Restons asap. I will also send an SAR to Argos I will keep you updated as to how this goes. Poppay

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