Droyds debt recovery.

[The GodMother]

oh i forgot to mention i wont be using the letter i am basing my reply on your letter.

[pt2537]

how about "go forth and multiply in jerky movements" or words to that effect

[The GodMother]

LOL

 

You must no my fiance a that is what he said.

[The GodMother]

Just something i have noticed with these statements on both account. I sdont think they are proper statements.

 

Neither of them have the interset charges or late payment fees on them which i know they were charging me.

 

Can i also in my reply point out that what they call statements are not statements as they dont provide any of the late payment fees or interest details.

[pt2537]

LOL

 

You must no my fiance a that is what he said.

 

well as they say "great minds......"

 

with regards to the statements if you are sure that they are not an accurate statement of account you can certainly challenge it by saying something along the lines of " i note that you state in your letter dated xx/xx/2007 that statements of account are included. i would like to question the accuracey of these as i note that there are no charges for late payments showing on them nor is there any interest. "

 

now if you know that you have had interest and charges added and you have some idea of when they were added, either from you own old statements or from any other source you could add "for example on xx/xx/2007 an administration charge of xx was added to the acccount yet this charge does not show on the statements you included" or something along those lines

 

thats how i would go about it anyway

 

regards

paul

[The GodMother]

yer thats what rob, My fiance , said when i told him what you said.

 

I will check the internet as the statements are on there and make copies of them. The letters clearly say " copy statements showing all transations" so if they are not the correct statements which i dont think they are then they have shoot them selves again by lying to me. God I am having fun with all these lies.

[pt2537]

if they are inaccurate then you have in my opinion good grounds to challenge the accuracy of everything else that they have sent you

[The GodMother]

well that is what i think i will do. I am going to go threw the 'statements' they sent me today and get the ones off line and check them maybe i will be able to get them on fraud and disception aswell.

[The GodMother]

ok i have a couple of problems.

 

I cant acess the statements on line for either of the companys for sum reason. My account number works and everything but the details seem to have disappeared.

 

How do l get copies of the statements that i need to question how valid the statement they sent me are?

 

I have looked at the ones they sent me but non of the have the late payment fees or interest that was being charged on them.

 

I dont really want to S.A.R. them as they have not responded correctly to my cca.

 

Any advice would be appreciated.

 

Chrissi

[The GodMother]

Anybody please help.

[pt2537]

Hi Chrissi,

 

sorry my dear for taking so long to reply:)

 

i would hold out a couple of days say til Monday, then check again, they do often carry out maintenance on these systems so i would suggest waiting and rechecking

 

if they are not available online on Monday then you will probably need to SAR them for the data contained in those statements

 

one thing, if you have a statement from earlier this year say august for example and that one shows charges and the august statement they sent you doesn't then that in itself would be proof to challenge the accuracy of the statements they sent you

 

just a thought

 

 

regards

paul

[The GodMother]

I dont have any statements as they never really sent them. From my whole time with one of the companys, this is about 18 mths, they sent me 4 paper statements. The other company never sent me any as it was a online account. Dont quite understand the difference but from what i can tell is every so many days you would recieve a Email to say the statements were being prepared on XX date and then you would recieve a email saying that your statement is available for viewing with details of your account on that email which would include recent orders or returns and what your interest/charges were and what your balance was. There was also a section were it told you what your minimum payment was with the date it was to be paid buy.

 

I dont know why they would do this but i was told when i asked them that it was policy for all internet accounts.

[The GodMother]

well today i sent letters regarding both companys and they were the Fcul off letter that you posted paul just with ammendments. I made it very clear to empire that not sending a credit agreement ment nothing and made it clear to vertbaudet thet the agreement did not comply under the 1974 regulations.

 

Just wait and see wht that produces now.

[The GodMother]

Well they are now 6 days in to the 30 days, Sent the letters and they have not responded to them they went on monday. They were worded politely. Still cant get on to there internet site so will wait for them to demand money or not to respond fully before i S.A.R them.

 

Just a question according to Vertbaudet and Empire my account is not closed so should i just ask them over the phone or in writing for the copy statements or should i S.A.R them to be on the safe side.

[pt2537]

ok a S7 Subject Access Request would disclose all the statement info, just remember DO NOT SIGN the letter print in block capitals will suffice

 

you also need to outline what data you require in the request and dont forget the 10 pound fee

 

i think it may be worth asking on the phone for the statements but if they dont play ball then slap them with a SAR

 

After all you need the statements before you can do anything else

 

Regards

paul

[The GodMother]

heard nothing from these ppl regarding either accounts. They default on the 30 days on 22nd November any advice on what l should do?

[pt2537]

Hi Chrissi

 

wait til the 30 days pass and they demand payment then we will give them a slap

 

Regards

paul

[The GodMother]

its all to quiet on the post side of things tho. Not heard a thing from them and i am now getting very board of junk mail.

 

Chrissi

[pt2537]

thats the only trouble, you get used to expecting the next dodgy letter and once they realise that they are flogging a dead horse and give up it does get very boring

[The GodMother]

I know. I kinda wish i had not started to CCA ppl cause of how boring the mail is but i know it was done for the rite reasons. I have taken to causing trouble for the postman and ordering lots of Christmas prezzies online. Love watching him struggle with sum of the packages.

[pt2537]

Now thats my sense of humor:D

[The GodMother]

yeah i am trying to make my self busy due o bordum. The bathroom is Very clean now.

[The GodMother]

Hi all,

 

Got a letter this morning from droyds regarding empire stores, here it goes.

 

Dear GodMother.

 

OUTSTANDING DEBT £507.78.

 

We have tried to contact you by letter and telephone on a number of occassions, without sucess. Well you can only phone me if you have my phone number which you dont and i have not recieved any mail from you since you sent the incorrect CCA papers on the 4th october 2007.

 

Our client Empire have given us the authority to take legal action to recover the full balance and we are prepared to do this if you dont clear your account in the next 7 days. So to get this right you want me to make payment on a disputed account as you have failed to supply me with the documentation i requested as in a true copy of my cca under the 1974 act.

 

If you cannont do this we can help you to avoid legal action and we are willing to discuss an affordable repayment scheme with you. To take advantage of this we need you to contact us within the next 3 days. Well i have contacted you twice now a letter dated the 22nd October 2007 which clearly says you have not complied with my request and today a letter pointing out that you cant take me to court or do any legal action as you have not supplyed me with a cca under the 1974 regulation. Dont know if the letter from the 22nd Oct was recieved as there is still no reply from droyds to it and royal mail still cant find it on there database as recieved.

 

It will be helpful if you have your income and out goings ready when you telephone us on the number above. Thank you for your kind offer of helping me but i will decline ringing you as i have asked for all correspondance to be in writing and unless you produce all the documents that i have asked for you are recieveing nothing.

 

Please do not ignore this offer of help; if you do, we will have no alternative but to continue with legal action. Thank you for asking me not to ignore you but how about you dont ignore me. Ignoring the rules on a cca is very very stupid of you and will result in you looking very stupid in court and a complaint to the relivant bodys which may result in a fine from them and your licence being susspended or revoked completely then how will you bottom feeding no hopers get your money?

 

 

I have replied to them which i will post up for all to see.

 

Any help or comments will be good

 

Chrissi

[The GodMother]

the reply i sent them.

 

THIS ALLERGED DEBT IS IN DISPUTE.

Dear Sir or Madam.

I am rather surprised at the letter that I received from yourselves this morning dated 10th November 2006. Copy enclosed for your reference

Firstly you state that you have been trying to contact me by phone, If you had been trying to contact me by phone I would have answered it but as you don’t have my phone number then you are un able to contact me. I also have not received any letters from you since the one you sent me dated 04 October 2007 after I requested a true copy of my Credit Agreement under the consumer credit act of 1974.

I wrote to you on the 22nd October putting the account in further dispute as what you sent me did not comply to the consumer credit act of 1974 but to the Regulation 3- Consumer Credit (cancellation Notices and Copies of documents) Regulations 1983 (SI.NO.1557) which you admitted to in the letter. You also admitted that you did no have a true copy of my signed credit agreement as you stated in your letter to me that you sent a standard agreement.

As you would be aware under the 1974 Act you have to supply me with a true copy of my Signed credit agreement BEFORE you can commence legal action against me and a judge is not permitted to make any enforcement order unless the creditor, You , can provide a true copy of the credit agreement.

You have failed to provided me with the true copy of the credit agreement within the time limits which are laid down in the consumer credit (prescribed periods for giving information) regulations of 1983. These are very clear. You must supply the true copy of my credit agreement with in 12 +2 working days of a proper CCA request you have not done this and as a result of this the account is in default. If you fail to comply within the further 30 calendar days you commit an offence. Your 30 days are up on the 22nd of November.

I WILL NOT BE PAYING YOU ANYTHING AND I WILL FULL DEFEND MY SELF IN COURT IF I NEED TO UNTIL YOU PROVIDE ME WITH THE DOCUMENTATION I HAV REQUESTED. AS YOU ARE AWARE IF YOU TAKE ANY TYPE OF ENFORCEMENT ACTION AGAINST ME YOU WILL BE COMITTING A CRIMINAL OFFENCE THAT WILL RESULT IN A COMPLAINT TO TRADING STANDARDS AND THEFINICAL OMBEDSUM AND THE OFFICE OF FAIR TRADING.

I look forward to receiving you reply regarding this matter.

Your Sincerely

[The GodMother]

i think it makes it very clear. My partner thought it does especially with the large lettering across the top.