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


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    • lookinforinfo
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      By lookinforinfo · Posted

      You did what??? You asked them to send you the documents that without them you had  a 100% ironclad win in Court. Why on earth would you do that? As it happens in this case, there is still enough mistakes in their PCNs and the NTH to have your case cancelled. Amd it may be that not sending those documents in the first place along with the ICO complaint and the letters from Alliance themselves which would confirm by the dates on the letters may be enough to cancel it anyway. I hope you have kept their letters as evidence? The chances are that Alliance will not actually take you to Court because of their errors but you never know.  You have made so much extra work for yourself in your WS if they decide to push their luck.though. Can you please post up their letter where they give the reason why I wasn't sent with the NTH.

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      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
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      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times.

Surprise Lowell Again !!!!!!

LISAM696969

By LISAM696969
in Debt Collection Agencies

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LISAM696969

LISAM696969

Posted
Posted

Hi , about eight months ago I sent a CCA request of to westcott for a EGG loan , first reply was they would request it then after two months i received a reply that they were passing the request for CCA back to egg to send to me however eight months later still no response and this morning received a letter from Lowell now i don't know if this is for this debt or for the citi credit card which also have not sent me an enforceable agreement however latter states that we have been given information that you used to live at xxx address and now you live at yyy address if we do not here from you we will assume this to be correct an proceed as if it is , now as previuosly stated on other threads they are now assuming that you open other peoples mail and read it to deny it which of course is illegal but what do i do now CCA requests were sent eight months ago to both westcott and forwarded to EGG and to 1st credit and forwarded to citi , what do i do ?

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diskmandave

diskmandave

Posted
Posted

Yes, just wait until they start asking for money again. Then we can hit them with their legal obligations. They know the law, it's not your job to chase after them to get it right!

 

Why do you think they've not complied??? (Because they probably can't!)

 

Regards, Dave.

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ODC

ODC

Posted
Posted

Westcot are in breach of your request for a CCA and should not have passed the debt on. Relax in the knowledge that if Westcot could not obtain the apperwork then Lowells are unlikely to do so either

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LISAM696969

LISAM696969

Posted
  • Author
Posted

Thanks for that as i said it may be the citi card and not the egg loan but 1st credit did send me a copy of an application form not signed by them and with several things missing so i have argued with them it is still not a valid executed agreement so i'll have to see which one but westcott told me they had passed the egg one back to egg not another collection company so i'm still in dark at minute as sonn as i find out whats going on i will be back to ask for some help , thanks ever so much guys !!!

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LISAM696969

LISAM696969

Posted
  • Author
Posted

I have received a letter today telling me that it is for the 1st credit debt citicard , so as citi still have not finished deciding on wether to give me charges back and the form they sent me was an application not a CCA which is the best letter to send back to lowell now , all help gratefully appreciated !!!

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LISAM696969

LISAM696969

Posted
  • Author
Posted

Yes said if i ignore this letter then they will take legal action so i am not sure which letter to send back as i sais 1st credit have supplied a copy of application form and obviuosly sold debt on after i said not paying anything until they provide proper c.c.a and also citi cards still have not resolved thecharges thing that is still in dispute so what do isend them back ?

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Rtech

Rtech

Posted
Posted

one of the very good guys on here (Curlyben,Rory etc),have previously printed a letter for people,referring to this sort of thing,ie ACCOUNT IN DISPUTE,which would seem to have the desired effect.

As your account most certainly seems to be in that category,that prob what you need,Hopefully one of of the 'good guys'will read this and print the letter for you.

In the meantime will try and find it for you.

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Rtech

Rtech

Posted
Posted

Here we go.This is on I used from the Forum.(I think it was a Curlyben letter,so thanks to him or whoever wrote it.

You will need to edit it,to suit your needs.....

 

 

Account In Dispute

 

Ref:

 

Dear Sir/Madam

 

Thank you for your letter of xx/xx/xx, the contents of hich 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 the **DATE** I wrote to you requesting a copy of the credit agreement and other information under the Consumer Credit Act 1974 (Sections 77-79).

 

On **DATE** a member of your staff signed for delivery of my written request and I have an electronic proof of delivery showing their signature and the date.

 

To date you have failed to comply with these requests in any way, whether by confirmation of receipt of the request or by supplying the requested documents.

 

These documents I requested should be readily available as proof of your legal right to collect this account under the Consumer Credit Act 1974.

 

In my letter of the **DATE** I made a formal request for a copy of the signed, executed credit agreement for the above account under section 77(1) of the Consumer Credit Act 1974. 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.

 

If that request is not satisfied after a further 30 calendar days your client commits a summary criminal offence.

 

These limits have 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.

 

And

 

(b) If the default continues for one month he commits an offence.

 

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

etc etc

Again tks to the original author.It worked for me and hopefully for you.

Pls remember to keep copies,proof of delivery etc.

Good luck

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ODC

ODC

Posted
Posted
I know but sometimes it just gets you down always fighting , oh well xmas round corner !
The harder the fight the sweeter the victory. These people do not like you using the law. They seem to think it only exists for their benefit.

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LISAM696969

LISAM696969

Posted
  • Author
Posted

my OTH keeps saying to me that these people use the full force of the law to get you to pay what they think you owe , so it is only reasonable to expect you to use the full force of the law to make them comply with the law in the 1st place ! if that makes sense to anyone , just been and bought my last xmas present £3.99 cappucino cups set ! how's that for economy drive , i'm really trying !! merry xmas everyone i'll let you know what comes of the letter i sent when i get a reply

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  • 3 weeks later...
ODC

ODC

Posted
Posted
Thayt have completely ignored the letter I faxed them and posted and are sending out a letter saying that someone will call if I do not make payment , is there another letter i can send to them , I think this is just rude !
No doubt their letter promised you a visit from one of their hilariously titled ''LICENSED FIELD AGENTS'':rolleyes:

 

This is a complete joke. In the highly unlikely event they do send a doorstepper to your property it is important to remember that they have NO LEGAL POWER whatsoever. In fact the person who delivers your paper or pizza has more legal right. In order for them to visit your property the MUST make a suitable appointment. Of course you do not have to make such an appointment. Here is a suitable letter to send to them advising them about the illegality of such a visit

 

Please note that I am only prepared to communicate with you in writing. Should it be your intention to arrange a "doorstep call", please remember that there is only an implied license under English Common Law for certain people to visit me on my property without express permission; the postman and people asking for directions etc (Armstrong v. Sheppard and Short Ltd [1959] 2 Q.B. per Lord Evershed M.R.).

 

Please therefore take note that, I revoke license under English Common Law for you, or your representatives to visit me at my property and if you do so without my permission, you will then be liable to damages for a tort of trespass. You would also be conspiring in a trespass if you sent someone to visit me nevertheless.

I have lost count of the number of times these muppets have promised to visit me.:D

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  • 2 weeks later...
LISAM696969

LISAM696969

Posted
  • Author
Posted

Well I suppose it's no surprise but still ignoring letter and sent it again by fax and post , got one of their pre-printed posted cards that says we called but actully they didn't they posted a flimsy piece of card , now they are ignoring all these legalities in the letters ent to them what can i now send them please , all help gratefully appreciated !!!

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Rtech

Rtech

Posted
Posted

You've really done it all now.They are not going to send anyone,thats for sure,they are not going to get any money from you AND they are fully aware of that,so do nothing...let them take the next step...IF they can.

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