Mum and TSB

[The GodMother]

l know how to use a whistle and blow it down the phone

 

that gets rid of the problem DCAs and OCs

 

Also starting to question them on the fact they are not complying with OFT guidelines and why they thing they dont have to is a good one.

 

Chrissi

[pigsic]

Well i have changed the details to our in the letter that n.p snet and hopefully is gets us sum where . regarding mums studio have not heard from them since we sent last letter with a postal order for 1 months paymnet hopefully that the end of them

[pigsic]

tsb said to mum today can you get your self down to your nearest tsb branch we have some inportant information for you so mum just said sent it to me in the post and put the phone down but when they phoned the other day mm said i have sent you harrassment letter so stop phoning they said sorry will stop the calls then she got a letter to say they have filed her complain and then calls startd again what idiots

[Fred Bassett]

Hi pigsic,

 

Send them the letter with Morons on if you wish, the definition of morons in the Dictionary means `stupid people, someone with the intelligence of a 9-10 year old`, which in this case would apply to these broken brained empty heads, especially as everyone seems to receive the letter they send out, word for word.

 

My last letter to Lloyds TSB started with a Dear Morons. The next one I got was from Silly, Clarris & Michelle, LOL.

 

It`s upto you, mate, I beleive in freedom of speech, and if you offend them TOUGH!

 

Regards

 

 

N.P

 

Fair enough but that's a bit rough on the average 9-10 year old in my opinion.

 

Fred

[pigsic]

Can I Just Ask In The Letter From N.p There Is A Date July 2007 Does This Stay Or Do I Change That Date Aswell

[The GodMother]

well i think they deserve and ASBO. They need to have a enforced curfew as well.

 

Chrissi

[N.P]

Can I Just Ask In The Letter From N.p There Is A Date July 2007 Does This Stay Or Do I Change That Date Aswell

 

 

Hi piggy,

 

Damn! I never noticed that date. It is actually wrong on my letter.

 

That date is when the account entered into a Default state, which would be 12 working days after they receive your CCA request.

 

Well spotted, although a little too late for myself. Still, mine is still in Default and they`re still a bunch of numpties.

 

Yeah, make sure you give it a good read and change accordingly.

 

Regards

 

 

N.P

[Hopeful1]

Hi Lisa

 

Just popping in to say "Hi" - i can see you're being kept busy!!

[pigsic]

hi hopeful 1

 

yes never stop getting sick of it but want to carry on they not getting the better of us

[Hopeful1]

hi hopeful 1

 

yes never stop getting sick of it but want to carry on they not getting the better of us

 

I can see the fighting spirit is taking over - good on ya!!

[pigsic]

well sent letter off to s, c and m today see what the morons have to say

[N.P]

well sent letter off to s, c and m today see what the morons have to say

 

 

Hi again Lisa,

 

Hope you don`t mind me calling you Lisa?

 

Ok, we`ll see what happens next, let`s hope they send something constructive instead of the usual patta`

 

I`m still waiting for a reply to my letter.

 

Watching with interest

 

Regards

 

 

N.P

[pigsic]

Just tracked the lettr to s,c and m and they received it on the 29-02-2008 so will see wht we get back mum still getting calls from tsb but she been strong so thats good as long as she does not give it but i dont think she will cos she has learnt

[Hopeful1]

Just tracked the lettr to s,c and m and they received it on the 29-02-2008 so will see wht we get back mum still getting calls from tsb but she been strong so thats good as long as she does not give it but i dont think she will cos she has learnt

 

That's good to hear - what a team you 2 are now making

[The GodMother]

Glad your mum is being strong they dont like that sort of thing.

 

I would re send the harrassement letter advising them that they have confirmed no more phone calls and that as of XX date, the date of the letter, you have informed TS of there breech of OFT guidelines which they are bound by.

[pigsic]

they sent a letter to say they looking into mum complaint it will take 28 days

[The GodMother]

yes but they have failed to adhear to the letter which means they have broken OFT guidelines which they are bound by

 

Your mum can now start logging the calls and sue them for harrassement.

 

Chrissi

[pigsic]

Hi Was Wondering If You Coould Look At My New Thread Regarding Mums Argos Account I Started A New One So We Dont Get Confused

Thakns Pigsic

[Hopeful1]

Hi Lisa. I've posted the link for your new thread to make it easy for everyone to find it:

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/134348-mum-argos-fredrickson-internatonal.html

[pigsic]

thanks hopeful 1

[pigsic]

Hi there everyone

WE just seem to be going around and around i feel like giving up studio gifts and cards have handed the account back to moorcroft after i sent them the latest letter and offered them a pound. I just phoned them saying the account is in dispute cos they have not produced a cca so they can not pass it to you he said oh yes they can then he started asking questions so i put the phone down PLEASE HELP ME I WANT TO GIVE UP COS I JUST KEEP GOING FROM ONE TO THE OTHER BUT ON THE OTHER HAND I WANT TO FIGHT WHAT CAN I THROUGH TO THEM KNOW

[pigsic]

thE LAST LETTER I SENT TO STUDIO WAS IN POST 177

[pt2537]

Hi there everyone

WE just seem to be going around and around i feel like giving up studio gifts and cards have handed the account back to moorcroft after i sent them the latest letter and offered them a pound. I just phoned them saying the account is in dispute cos they have not produced a cca so they can not pass it to you he said oh yes they can then he started asking questions so i put the phone down PLEASE HELP ME I WANT TO GIVE UP COS I JUST KEEP GOING FROM ONE TO THE OTHER BUT ON THE OTHER HAND I WANT TO FIGHT WHAT CAN I THROUGH TO THEM KNOW

 

 

Right

 

NO MORE PHONE CALLS

 

Send Moorcroft this and wait for their response

 

ACCOUNT IN DISPUTE

DO NOT IGNORE THIS LETTER

XX/XX/2007

Dear Sirs,

Account no xxxxxxxxxxxxxx

Re: my request under the Consumer Credit Act 1974

 

 

This account is in Dispute .

 

On xx/xx/2007 I wrote to xxxxxxxxx requesting that xxxxxxx supply me a true copy of the executed credit agreement for this account.

In response to this request I was supplied a mere application form which did not comply with the requirements of the Consumer Credit Act 1974.the application cannot be a true copy of my agreement as it was a brand new sealed application form, there fore not a true copy

 

The document sent purporting to be a credit agreement also does not contain any of the prescribed terms as required by section 60(1) Consumer Credit Act 1974. The Consumer Credit (Agreements) Regulations 1983 (SI 1983/1553) made under the authority of the “1974 Act” sets out what the prescribed terms are, I refer you to Schedule 6 Column 2 of SI 1983/1553

 

The prescribed terms referred to are contained in schedule 6 column 2 of the Consumer Credit (Agreements) Regulations 1983 (SI 1983/1553) and are inter alia: - A term stating the credit limit or the manner in which it will be determined or that there is no credit limit, A term stating the rate of any interest on the credit to be provided under the agreement and A term stating how the debtor is to discharge his obligations under the agreement to make the repayments, which may be expressed by reference to a combination of any of the following--

1. Number of repayments;

2. Amount of repayments;

3. Frequency and timing of repayments;

4. Dates of repayments;

5. The manner in which any of the above may be determined; or in any other way, and any power of the creditor to vary what is payable

 

 

 

Since this document does not contain the required prescribed terms it is rendered unenforceable by s127 (3) consumer Credit Act 1974, which states

127(3) The court shall not make an enforcement order under section 65(1) if section 61(1)(a)(signing of agreements) was not complied with unless a document (whether or not in the prescribed form and complying with regulations under section 60(1)) itself containing all the prescribed terms of the agreement was signed by the debtor or hirer (whether or not in the prescribed manner).

This situation is backed by case law from the Lords of Appeal in Ordinary (House of Lords) the highest court in the land. Your attention is drawn to the authority of the House of Lords in Wilson-v- FCT [2003] All ER (D) 187 (Jul) which confirms that where a document does not contain the required terms under the Consumer Credit Act 1974 the agreement cannot be enforced.

 

Further more, since the prescribed terms referred to above do not appear within the agreement you have supplied, the agreement is rendered totally unenforceable, as the prescribed terms must be contained within the agreement and not a separate document, case law confirms this opinion

 

I refer you to the judgment of TUCKEY LJ in the case of Wilson and another v Hurstanger Ltd [2007] EWCA Civ 299

 

”[11] Schedule 1 to the 1983 Regulations sets out the "information to be contained in documents embodying regulated

consumer credit agreements". Some of this information mirrors the terms prescribed by Sch 6, but some does not. Contrasting the provisions of the two schedules the Judge said:

 

 

"33 In my judgment the objective of Schedule 6 is to ensure that, as an inflexible condition of enforceability, certain basic minimum terms are included which the parties (with the benefit of legal advice if necessary) and/or the court can identify within the four corners of the agreement. Those minimum provisions combined with the requirement under s 61 that all the terms should be in a single document, and backed up by the provisions of section 127(3), ensure that these core terms are expressly set out in the agreement itself: they cannot be orally agreed; they cannot be found in another document; they cannot be implied; and above all they cannot be in the slightest mis-stated. As a matter of policy, the lender is denied any room for manoeuvre in respect of them. On the other hand, they are basic provisions, and the only question for the court is whether they are, on a true construction, included in the agreement. More detailed requirements, which

are designed to ensure that the debtor is made aware, so far as possible, of specified information (including information contained in the

minimum terms) are to be found in Schedule 1."

 

Therefore the prescribed terms cannot be contained within a separate document outside of the agreement

 

In addition should you continue to pursue me for this debt you will be in breach of the OFT guidelines, I draw your attention to the Office of Fair Trading’s guidance on debt collection

The OFT guidance which was issued July 2003 (updated December 2006) relating to debt collections and what the OFT considers unfair, I have enclosed an excerpt from page 5 of the guidance which states

 

 

 

2.6 Examples of unfair practices are as follows:

 

h. Ignoring and/or disregarding claims that debts have been settled or are disputed and continuing to make unjustified demands for payment

 

As it stands, the document supplied by your client is not a valid credit agreement nor is it enforceable by any court

 

What I Require

 

Firstly, I require all correspondence in writing from here on; any persistent attempts to contact me by phone will be reported to Trading Standards, the Financial ombudsman service and the Office of Fair Trading.

 

I would like to draw your attention to the fact that your clients do not hold a signed copy of a credit agreement with my signature on it, the reasons for this is that I never signed one. Therefore the fact that they do not hold such document means that you cannot obtain an enforcement order in court. The case of Wilson-v-FCT sets this out as previously referred to above

 

However should you believe that you have grounds to enforce this agreement, please provide me with a signed copy of the credit agreement that you would consider relying upon? Should you ignore this request I will report you to the Office of Fair Trading to consider your suitability to hold a credit licence in addition to a complaint to Trading Standards, as you will be in breach of the Administration of Justice Act 1970 section 40

 

Since the agreement your clients have supplied as it stands is unenforceable, should you be unable to produce a compliant agreement it would be in everyone’s interest to consider the matter closed and for you to write the debt off. I suggest you give serious consideration to this as any attempt of litigation will be vigorously defended and I will counter claim for all quantifiable damages. I respectfully request a response to this letter in 14 days

 

Please forward me a copy of your complaints procedure too; I note that under the CCA 2006 it is a requirement for companies such as yours to have a complaints procedure and to forward details of it on request

 

 

I await your written reply and will not accept any further correspondence from you unless it directly addresses the issues raised

 

 

 

I trust this out lines the situation

 

Regards

 

 

 

 

 

 

 

 

[pigsic]

Hi Pt2537

 

You Know In This Letter You Sent Me It Says About An Application Form But They Sent Mum A Credit Agreement But It Was Not Signed So Can I Still Send This Letter

Thanks Lisa

[pt2537]

Hi Pt2537

 

You Know In This Letter You Sent Me It Says About An Application Form But They Sent Mum A Credit Agreement But It Was Not Signed So Can I Still Send This Letter

Thanks Lisa

Hi Lisa,

 

was it an agreement they sent you?

 

normally studio send a blank application sealed and without a signature

 

regards

 

paul