Jump to content

version302003

Registered Users

Change your profile picture
  • Posts

    338
  • Joined

  • Last visited

Everything posted by version302003

  1. Hi chris, the charges app. £500 can be claimed back providing they are penalty charges also edit your post above and alter the other amount (you never know whos looking).
  2. well firstly dont talk on the phone ever. If you dont want the calls then get choose to refuse, a BT option for 3.95 a month. I cant find a rough amount that they claim you owe, roughly what it is? But If i were you I would make sure to myself that it wasnt me that signed the docs for the reason that I wouldnt want to say someone had committed fraud if I any doubts at all. If I didnt have any doubts then I would dispute the claim. In your position im not sure what i would do as the sigs are different but the writing of the dates look similar.
  3. Its up to you but filing an N1 will take much longer than sending a bank statement by 1st class post
  4. Yes they still need to produce a compliant cca with all the prescribed terms. The signature box would just be replaced with a tick in the box. The Consumer Credit Act 1974 (Electronic Communications) Order 2004 removed the need for a signature not anything else like the prescribed terms
  5. If you havent lived at the address for 6 years then they want to know what the previous address was., no idea why tho. I think they are entited to ask for proof of identity but im not sure how far they can drag that one out esp as you have provided a copy of passport and other letters. Have you asked them what specifically is the reason for them to require proof of identity? Do you have a bank statement you can send?(you can alway blank out the amounts)
  6. did they give any reasons for not supplying the info? Seems odd that all 3 did the exact same thing. Are you on electoral reg? have you recently moved there? do you have any credit that is reported to the cra's? Also on the subject of paperless billing, the bill is normally still produced and downloadable and printable still. Ps here is a link to get a free report once a year http://www.annualcreditreport.co.uk/ Not sure if the link is allowed, sorry if it's not
  7. As he said he would make payments in the next few months and did in Feb I would hardly call it worthless. I would acknowledge the claim giving you extra time then submit a defence. That will drag it out.
  8. Hi chris, if they have not complied with the cca request then you should send the dispute letter and tell them the account is disputed. Acca request or a subject access request is not a dispute letter. Goodluck with CAB
  9. you would dispute it on the grounds they have not complied with the cca request. Amend to suit Account In Dispute Ref: Dear Sir/Madam Thank you for your letter of xx/xx/xx, the contents of which have been noted. You have failed to respond to my legal request to supply me a true copy of the original Consumer Credit Agreement for the above account. On **DATE** I made a formal request for a true signed agreement for the alleged account under consumer credit Act 1974 s77/8. A copy of which is enclosed for your perusal and ease of reference. You have failed to comply with my request, and as such the account entered default on **DATE**. The document that you are obliged to send me is a true copy of the executed agreement that contained all of the prescribed terms, all other required terms and statutory notices and was signed by both your company and myself as defined in section 61(1) of CCA 74 and subsequent Statutory Instruments. If the executed agreement contained any reference to any other document, you are also obliged to send me a copy of that document.In addition a full statement of this account should have been sent to me detailing all debits and credits to the account. Furthermore You are aware that the Consumer Credit Act allows 12 working days for a request for a true copy of a credit agreement to be carried out before your client enters into a default situation. This limit has expired. 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 at 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 with your intentions to resolve this matter which is now a formal complaint. I would appreciate your due diligence in this matter. I look forward to hearing from you in writing. Yours faithfully PRINT NAME (DON'T SIGN)
  10. Hi sunflower, i know ive already asked them but im gonna send that off aswell. Lets see if we get a reply
  11. the letter says your account was opened in 1994 but the agreement is dated 2001. Is this correct? Also they dont appear to be connected. The agreement is an application form but how can you apply for a flexible account card in 2001 when the account was opened in 1994? edit: looks like one is for a catalogue, the other for a card.
  12. well personally, as they have complied with your request I wouldnt but if you are disputing it then you do need to tell them it is in dispute. Maybe you could amend it to suit your own personal dispute with them? Maybe changing the 1st couple of paragraphs to suit?
  13. Well as I said, i'd be very supprised if they had one from 1998 so i would dispute it. As lewis are collecting dispute it with them, amend to suit. Account In Dispute Ref: Dear Sir/Madam Thank you for your letter of xx/xx/xx, the contents of which have been noted. You have failed to respond to my legal request to supply me a true copy of the original Consumer Credit Agreement for the above account. On **DATE** I made a formal request for a true signed agreement for the alleged account under consumer credit Act 1974 s77/8. A copy of which is enclosed for your perusal and ease of reference. You have failed to comply with my request, and as such the account entered default on **DATE**. The document that you are obliged to send me is a true copy of the executed agreement that contained all of the prescribed terms, all other required terms and statutory notices and was signed by both your company and myself as defined in section 61(1) of CCA 74 and subsequent Statutory Instruments. If the executed agreement contained any reference to any other document, you are also obliged to send me a copy of that document.In addition a full statement of this account should have been sent to me detailing all debits and credits to the account. Furthermore You are aware that the Consumer Credit Act allows 12 working days for a request for a true copy of a credit agreement to be carried out before your client enters into a default situation. This limit has expired. 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 at 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 with your intentions to resolve this matter which is now a formal complaint. I would appreciate your due diligence in this matter. I look forward to hearing from you in writing. Yours faithfully PRINT NAME (DON'T SIGN)
  14. First things, are you still paying next or have you stopped paying. I say this as they will continue to report to the credit reference agencies even tho they are not supposed to. If you have already defaulted then it really wont make a difference.
  15. Crispy toilet paper is all that is. I doubt very much they have a signed agreement from 1998 so I would dispute it.
×
×
  • Create New...