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    • You need a back up plan. If you believe that redundancy is very likely, start looking at other employment options.  Don't leave it until you have been made redundant before looking for new employment. I regularly speak to people who have been made redundant and about mental health. Those who have a positive plan, get into employment quickly following redundancy and manage to maintain their finances. Those who don't have a plan, decide to accept redundancy and a period of unemployment. They end up in a downward spiral, with redundancy money spent, debts accumulated, mental health decline and difficulty finding new employment.  
    • Interested observer here as I'm in a similar situation. People become conditioned into seeking and maintaining a perfect credit score/file, but if your situation is that you're unlikely to obtain further credit for the foreseeable future anyway due to your other outstanding debts, then tanking your credit file now won't make a difference other than you've took back control of your finances.
    • Firstly, I would like to thank everyone for their help in this matter. Since my last post I have received a reply from Plymouth Council Insurance Team concerning my wife’s accident (please see enclosed letter and photo of the offending Badminton post) which they deny any responsibility for the said accident. I feel that the Council is in breach of their statutory duties under the following acts: The Leisure Centre was negligent in its duty of care and therefore, in breach of the statutory duty owed under section 2 of the Occupiers’ Liability Act 1957. Health and Safety at Work Act 1974 (the Act) to ensure, so far as is reasonably practicable, the health, safety and welfare at work of all their employees, and others who might be affected by its undertaking, e.g. members of the public visiting the Leisure Centre to use the facilities. The Management of Health and Safety at Work Regulations 1999 that requires employers to assess risks (including slip and trip risks) and, where necessary, take action to address them. The Provision and Use of Work Equipment Regulations (PUWER) require the risk to people’s health and safety from equipment that is used at a Leisure Centre be prevented or controlled. I would like some advice to see if my assumptions are correct and my approach to obtaining satisfactory outcome to this matter are accurate. Many thanks   PLM23000150 - Copy Correspondence.pdf post docx.docx
    • Talking to them does not reset the time limit, although they will probably tell you it does, they'd be lying. Dumbdales are the in-house sols for Lowlife, just the next desk along. If Lowlifes were corresponding with you at your current address then Dumbdales know your address. However, knowing that they are lower than a snake's belly, you would be well advised to send them a letter, informing them of your current address and nothing else. Get 'proof of posting' which is free from the PO counter, don't sign it, simply type your name. That way then they have absolutely no excuse for attempting a back door CCJ.   P.S. Best course of action, IGNORE them, until or unless you get a claim form......you won't.
    • A 'signed for' Letter of Claim has been sent today so they have 14 days from tomorrow... Lets wait and see what happens but i suspect judging by their attitude they wont reply 
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Cabot Response to my complaint


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Adamski,

 

The letter is to small to see, plus in the second image it still has your personal details. I'd strongly recommend you remove these details ASAP.

Thanks

- Hobbie

 

--------------------------------------------------------

Under no circumstances should you speak with a Debt Collections Agency via telephone, request that all future correspondence is done in writing, a letter template for this can be located here.

 

Any views expressed are solely that of my own, any advice or information offered is provided in genuine good faith, and should be checked prior to acting upon.

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Thats better.... now let me read it.

Thanks

- Hobbie

 

--------------------------------------------------------

Under no circumstances should you speak with a Debt Collections Agency via telephone, request that all future correspondence is done in writing, a letter template for this can be located here.

 

Any views expressed are solely that of my own, any advice or information offered is provided in genuine good faith, and should be checked prior to acting upon.

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Absolute rubbish...

 

The debt can NOT be persued until a valid copy of the executed agreement has been received, and these guys know it!

 

Cabot are in total default now of the CCA, you have one of many options open to you now, you can either

 

Report them direct to the OFT

 

-or-

 

Send them this letter.

 

Account in Serious Dispute

 

Dear Sir/Madam

 

In reply to your recent correspondence dated 21st April 2008

 

My request was a formal request under Sections 77-79 of the Consumer Credit Act 1974 for a true copy of any properly executed credit agreement that exists in relation to account reference ((ACCOUNT NUMBER)).

 

The Consumer Credit Act allows 12 working days for this request to be carried out before your client enters into a default situation. If the request is not satisfied after a further 30 calendar days, your client commits an offence. These time limits expired on ((DATE 12 DAYS PASSED)) and ((DATE 30 DAYS PASSED)) respectively.

 

 

As you are no doubt aware Section 78(6) states:

If the creditor under an agreement 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 as at ((DATE 30 DAYS PASSED)) this account became unenforceable at law and it is now my intention to refer this matter to the enforcement authorities.

 

 

It is my belief that your continued pursuance of this matter also constitutes an offence under Section 40 of the Administration of Justice Act 1970, as well as offences under various sections of the Data Protection Act 1998.

Any default notices or adverse comments your client has recorded on my credit reference file must be immediately removed. Note this is to be a complete deletion and not merely an amendment.

 

 

Failure to respond positively to this letter within fourteen days of receipt will result in litigation or/and other enforcement action being considered without further notice.

 

I would appreciate your due diligence in this matter.

 

Yours faithfully

 

Adamski. (PRINT NAME DO NOT SIGN IT)

 

I totally cannot believe that these DCA's are so blatantly ignoring the laws governing them.

 

On another note, to the best of my knowledge Vanquis Bank have to date NEVER came up with a valid CCA.

Edited by Hobbie
Formatting

Thanks

- Hobbie

 

--------------------------------------------------------

Under no circumstances should you speak with a Debt Collections Agency via telephone, request that all future correspondence is done in writing, a letter template for this can be located here.

 

Any views expressed are solely that of my own, any advice or information offered is provided in genuine good faith, and should be checked prior to acting upon.

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They say they are the owners of the debt and sent me a letter of assignment if they own the debt surely they are responsible for sending me the CCA? they say they are not.

 

 

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Yes that is correct, regardless of who has the debt, you can send the CCA request to them.

 

No, your personal details are gone now. :)

 

Dont make any payment, or offer of payment either, don't even acknowledge the debt to them.

Thanks

- Hobbie

 

--------------------------------------------------------

Under no circumstances should you speak with a Debt Collections Agency via telephone, request that all future correspondence is done in writing, a letter template for this can be located here.

 

Any views expressed are solely that of my own, any advice or information offered is provided in genuine good faith, and should be checked prior to acting upon.

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If they bought the debt then they bought the rights and the responsibilities. Funny how many DCAs believe they are above the law.

 

 

Is this law or just regulations or just an opinion i would like to quote any laws or regs to them

 

 

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It is law, the Consumer Credit Act 1974 is legislation created in the houses of parliament sometime prior to 1974, it is just the same as a piece of legislation such as the Fraud Act 2006, no different.

 

Now that Vanquis have defaulted on the 12+2+30 day rule in suppling you a copy of the CCA for an alledged debt, they've now committed a criminal offence, some people say it is a summary offence, but no such thing as of Jan 1st 2006, all offences are now indictable.

Thanks

- Hobbie

 

--------------------------------------------------------

Under no circumstances should you speak with a Debt Collections Agency via telephone, request that all future correspondence is done in writing, a letter template for this can be located here.

 

Any views expressed are solely that of my own, any advice or information offered is provided in genuine good faith, and should be checked prior to acting upon.

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Sorry you lost me, what i want to know is as they say they own the debt surely it has nothing to with Vanquis now.

 

Why are they quoting sections 77 and/or78 of the CCA Act 1974 to say they have no obligation to provide the CCA agreement if they own the debt outright?

 

 

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Yes, this is governed by the 1974 act (which I'm afraid, being a relative newbie to this and in no way legally qualified) I can't quote chapter and verse on. However I can tell you that it's the bit in the various template letters and it governs how long they have to respond before they break the law by demanding money from you. Feel free to correct me if I'm wrong anyone.

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or is what they are saying correct and they are not obliged to send it?

 

If it's a credit debt, (credit card, loan but not overdraft) then they ARE obliged to send it. They are in the excellent legal parlance of some on this forum, "talking bowlarks"

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I think I may have found the anwser in S189 of the CCA Act 1974 if anyones interested

 

“ creditor “ means the person providing credit under a consumer credit agreement or the person to whom his rights and duties under the agreement have passed by assignment or operation of law, and in relation to a prospective consumer credit agreement, includes the prospective creditor;

 

Any thoughts anyone?

 

 

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