Help Please re: CCA decision

[Misterzeus]

We are fine thank you babybear

 

thank you for replying, will do!

 

Thank you citizenB

 

No postmark on 1st Crud's envelope unfortunately!

 

I must admit I haven't even started the complaint yet to the OFT etc.

 

I will, I will honestly!!!!

 

Thank you so much for the wording, that should do nicely

 

TBH, this latest letter and your post has given me the kick up the backside that I needed!!!

[citizenB]

Thanks BB, I think I have cobbled it together from other letters so the credit isnt all mine.

 

Mrs Z, take a look at this thread before making your complaint to the FOS or TS. It is primarily geared towards the FOS, but with a bit of tweaking you could use quite a bit of it for a complaint to TS. RMW, has shared her experiences and it is well put together and very easy to follow. As BB has advised, duplicate the complaint to both your own and the TS in the area of 1st Credit/Citi FInancial A pincer movement

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/136654-complaining-financial-ombudsman-service.html

[Misterzeus]

Above and beyond yet again! Thanks so much citizenB

 

I did have a quick scan through RMW's thread a while back and it is very good. I will revisit it again tomorrow, my brain is like mush today

 

Thanks again

[Misterzeus]

Good morning all, Mrs Z here

 

I am today typing up said letters for 1st cretins, Citi, complaint to Trading Standards (ours and theirs) and the Office of Fair Trading.

 

I have just re-read the letter sent to Citi on Monday, in that letter I stipulated that Mr Z requests a copy of their complaints procedure as he intends to take it further.

 

What I am asking is, should we wait until Citi responds with their complaints procedure prior to contacting TS etc? Or should I save that for if it has to go to the FOS, I do believe that the FOS will only deal if one has had a final response from the Creditor. Mind you, the Notice of Assignment allegedly from Citi could be deemed as their "last Response" couldn't it?

 

I am sorry if this sounds confusing - I've bl**dy well confused myself

 

Any opinions on this gratefully received - if you can work out what the hell I've been waffling about!!!

 

I have to get this sorted today, my master has spoken (he likes to think he has anyway:p)

 

Thank you, Mrs Z

[citizenB]

This is true, well spotted Mrs Z. FOS do prefer you to have a final response letter before they will investigate. However, at the same time one could assume that the NOA could be construed as such. What time did you give Citi to respond with their complaints procedure ?. Wait that amount of time before making a complaint to the FOS, but shove one in to TS straight away.

[knoxvillain]

To be honest, I wouldn't wait until you've had a final response from Citi to go to FOS, just tick yes you have had it on the form because it's taking FOS so long to deal with complaints (over 6 months) that by the time they get to you, you will have had your final response months before.

[citizenB]

knoxvillain' response makes much more sense.

[knoxvillain]

lol sadly from personal experience though

[Misterzeus]

Thanks for your quick response citizenB

 

See, I told you that my brain is like mush didn't I?

 

How stupid am I?? (don't answer that!!) I failed to give them a time span for Citi to respond!!!!

 

Thanks knoxvillian I see your point, but I would prefer to wait until Citi tell Mr Z they will not correspond anymore (much like with the Amex fiasco) so I am able to include a copy of their "final response" to the FOS.

 

 

 

 

Ok, think my foggy brain can just about take in that I should get the complaint done to TS and the OFT anyway.

 

I will be the one to have to deal with the FOS and the like as Mr Z is working, that scares me

 

Although Mr Z is up to speed on developments, as it's me that's actually dealing with the correspondance, it makes much more sense to speak to me. If they rang one day and Mr Z answered, TBH, he wouldn't have a clue, (he has an awful memory ) therefore he has given his permission for them to liase with me further should they need to.

 

Thank you, Mrs Z

[citizenB]

Mrs Z, on the forms you send in to FOS (when you get to that stage) it has a section asking if someone else is acting on your behalf you just put your details in. Mr Z will of course have to sign the original complaint form after that all correspondence will actually be sent in your name with the reference "Regarding Mr Z's account".

 

To Trading standards, just include a short note which Mr Z will again, saying that you are his representative in this matter.

 

BTW, 10-14 days is sufficient time for a company to reply with their complaints procedure. That is from the date on your letter.. not from when they receive it.

[knoxvillain]

Just send your final response to FOS once you get it, you can add to your complaint after you've submitted it, I personally have been bombarding them with letters for months adding stuff to my complaint as I've learned new angles of attack. Up to you though.

[Misterzeus]

Thanks citizenB

 

The complaint that is already with the FOS (Amex) has been signed by Mr Z and I am the named contact on his behalf. Sorry, should have made myself clearer, any future official bodies will be told that I will be the contact on Mr Z's behalf - like I said, Mr Z has an awful memory!!

 

Thanks again

[Misterzeus]

sorry knoxvillian, just noticed your post!!

 

Thank you, you could be right there, I will give it some thought. Don't want to upset the FOS though after the thick envelope they recieved re Amex. I'm a big scaredy cat really!!

 

regards, Mrs Z

[babybear39]

Don't worry Mrs Z. It's what they're paid to do. Without any complaints they wouldn't have jobs

[Misterzeus]

Hi babybear,

 

Thank you, I know you're right, just feeling a little down this week

[babybear39]

Have a cyber *hug* from me and a rep. comment for keeping fighting

[babybear39]

The rep. machine says I have to spread it about a bit

[Misterzeus]

Thanks babybear

 

I think you have already given me a rep - thank you.

 

In fact there was another - think it may have been citizenB????

 

Thank you to whoever the other was from!!

[citizenB]

Ummm, I cant remember Mrs Z. I think I usually put my initials in the rep:) that isnt to say that I didnt:confused:

[Misterzeus]

Hi citizenB,

 

I don't think there were any initials next to the rep, but if it was you - thank you

[Misterzeus]

Hi all, Mrs Z here, it seems the DCA's are working overtime of late!!

 

This post is regarding Amex (this complaint was sent towards the end of July to the FOS and is awaiting an adjudicator).

 

This morning a letter has arrived from Moorcroft Debt Recovery Limited - Pre-Court Division concerning Mr Z's Amex account.

 

http://i305.photobucket.com/albums/nn216/Misterzeus/Moorcroft1done.jpg

 

Any advice on how to respond please?

 

Thanks, Mrs Z

[babybear39]

Reply that the account is in dispute and awaiting reply from FOS giving your reference number if you have one.

[Misterzeus]

Thanks babybear, will do.

 

Hope you're well.

 

Mrs Z

[babybear39]

You're welcome Mrs Z. I'm fine thanks, bit stressed at being back at uni. though lol...Hope you and Mr Z are well too...

[citizenB]

Hiya Mrs Z,

 

I was going to advise the same as BB.. however, you can probably see them off with something along the lines of the following.

 

WARNING:

THIS IS A REQUEST UNDER THE CIVIL PROCEDURE RULES.

PLEASE DO NOT IGNORE.

Your letter dated XX XXXX 2008 regarding the above account, was received today, giving me a response date of XX XXXX 2008. I would advise you that this matter is already subject to a formal complaint to the Financial Ombudsman under reference number XXXXXX. Perhaps you werent advised of this by your client.

 

However, as you have indicated that legal action is to be taken if I dont respond by the 4th October I would advise the following.

Given that this matter is now subject to a potential legal proceeding, you are obliged to provide, under the Civil Procedures Rules, information to ensure that all parties are on an equal footing, and also to ensure the claim is dealt with expediently and fairly, avoiding an unnecessary burden to the court's resources.

 

Under the Pre-action Practice Directions - Protocols 4.6 of the Civil Procedures Rules, I request that you supply copies of the following documents:

 

1] A true copy of the executed credit agreement and any terms and conditions that applied to the account at the time of default and at the time the account was opened. Please note that a "true copy" as defined by the Consumer Credit Act will not be acceptable in this case, and a copy of the actual executed agreement, including signature, is required.

 

 

2] All records you/ Halifax hold on me relevant to this case, including but not limited to:

A transcript of all transactions, including charges, fees, interest, payments and both the amounts of credit and any repayments made to the account.

 

Transcriptions of all telephone conversations recorded and any notes made in relation to telephone conversations.

 

Where there has been any event in the account history over this period that has required manual intervention by any person, disclosure of any indication or notes that have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to the account.

 

True copies of any notice of assignment and/or default notice or enforcement notice that you/ Halifax sent to me, with a copy of any proof of postage that you hold.

 

Documents relating to any insurance added to the account, including the insurance contract and terms and conditions, date it was added and deleted (if applicable).

 

Details of any collection charge added to the account; specifically, the date it was levied, the amount of the charge, a detailed financial breakdown of how the charge was calculated, and what the charge covers.

 

Specific details of the fees/charges levied by any other agency in respect of this account and a detailed breakdown of said fees/charges and what each charge relates to and on what date said fees/charges were levied.

 

A genuine copy of any notice of fair use of my data as required by the Data Protection Act 1998.

 

A list of third party agencies to whom you/ Halifax have disclosed my personal data and a summary of the nature of the information you/they have disclosed.

 

Copies of statements for the entire duration of the credit agreement.

 

This information is required within fourteen days from the date of this letter. I must advise you that if the information is not forthcoming, it will be reported to the Court that you are trying to deny me the opportunity to review my position in relation to your claim of alleged breach of agreement and any possible counter-claim.

 

Please note that, as you have initiated this action, failure to respond to this letter will place this account in clear dispute and as such you may not:

demand any payment on the account, nor am I obliged to offer any payment to you.

add any further interest or charges to the account.

pass/sell the account or outstanding balance to any third party.

register any information in respect of the account with any of the credit reference agencies.

issue a default notice related to the account.

Should you ignore any of the above I reserve the right for legal action for redress, and will show the court this letter. I will also report your actions to any authority that I see fit.

 

I look forward to hearing from you in due course.

 

 

 

Yours faithfully,