A & L - Enforcable Agreement???

[citizenB]

Thanks for sharing Multay.

 

Physcologically profiling you from your first response to their threatograms. They then know what kind of pressure they can put on you to pay. Debt collecting is becoming more bizarre by the minute.

[citizenB]

Well, sent off my "this isn't worth the paper it's written on and isn't a Credit Agreement - So feck off" letter today...Still getting calls everyday from RMA but I just ignore them - Well apart from today, he asked if he could confirm who I was for security so I said "it's me",

so he said "I know but I need to confirm it"

I said "Oh I see - Yes it's definately me but I can be anyone you want me to be" in a really really camp voice

He said "I just need to do this for security"

I said " I bet it would be secure in those big strong arms of yours, what's your sign?You sound like a virgo to me?"

He put the phone down...Awwww...Gutted, guess he wasn't single...Haha

 

 

 

You will be hard pushed to find a DCA with a sense of humour:D

[citizenB]

Multay, if you want to play them at their own game and you have said already that it is your intention to prepare in advance just in case...

 

This letter by pt2537 with a bit of jiggling might be of use. THis is the link

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/123802-next-retail-blank-agreement-4.html?highlight=Protocols+4.6+of+the+Civil+Procedures#post1545617

 

 

However, I have brought it over as well and amended it slightly. Note in (f) below it actually mentions mediation.. which of course is what you want them to enter into regarding a Full and Final and in (b) it requests copies of the documents that you would have to pay £10.00 for if you were to SAR them.

 

 

WARNING:

THIS IS A REQUEST UNDER THE CIVIL PROCEDURE RULES. PLEASE DO NOT IGNORE.

Dear Sirs,

 

REF: aCCOUNT nO: xxxx xxxx xxxx xxxx

 

I am in receipt of your letter dated XX XX 2008 and note your intention to commence legal proceedings.

 

I draw your attention to thefact this alleged debt is disputed by myself and I am still awaiting you to provide me a true copy of the credit agreement for this account. you will no doubt be aware of the implications of not having a signed copy of the Credit Agreement between parties. i therefore invite you to either produce a copy of the credit agreement upon which your threatened proceedings will be based or should you not be able to do so, I demand you withdraw your frivolous threats of litigation

 

I must point out that any litigation brought against me by your company will be vigorously defended and furthermore i shall ask the court to consider my costs in defending such an action

 

Since I am treating this letter as a letter before claim, im sure you will be aware the Civil Procedure Rules pre action protocols require at para 4.3 the following be contained withinthe letter before claim

 

4.3 The claimant's letter should –

(a) give sufficient concise details to enable the recipient to understand and investigate the claim without extensive further information;

(b) enclose copies of the essential documents which the claimant relies on;

© ask for a prompt acknowledgement of the letter, followed by a full written response within a reasonable stated period;

 

(For many claims, a normal reasonable period for a full response may be one month.)

(d) state whether court proceedings will be issued if the full response is not received within the stated period;

(e) identify and ask for copies of any essential documents, not in his possession, which the claimant wishes to see;

(f) state (if this is so) that the claimant wishes to enter into mediation or another alternative method of dispute resolution; and

(g) draw attention to the court's powers to impose sanctions for failure to comply with this practice direction and, if the recipient is likely to be unrepresented, enclose a copy of this practice direction.

 

I therefore i invite you to provide the documents that you intend to rely upon pursuant to the practice direction pre action protocols

 

Should you fail to comply with this request i shall draw such failure to the attention of the court

 

i look forward to your reply

[citizenB]

Thumbs up to both of the letters Multay:-D

 

PS.. Thank you for clicking my scales:)

[citizenB]

You couldnt make it up could you.

[citizenB]

Ah Multay, I am so sorry to hear this. {{}}}

[citizenB]

hey CB....how do i make you a friend? Assuming you want to be one..;0)

 

 

thanks for the click multay. I will send you a friend request. All you have to do is click on the link. I need all the friends I can get.

[citizenB]

thanks for the click multay. I will send you a friend request. All you have to do is click on the link. I need all the friends I can get.

 

well I'm top notch at guitar...lol...I play like I'm fighting...:grin:...Consider me a mate matey..:grin:...Mxx

 

:-D

[citizenB]

Okey dokey.. in the welcome box at the top of the screen where your private message link is you should see a "friend request". If have done it right that's what you should see.. just click on it ....

[citizenB]

Yep, you have. If you now click on your name at the left hand side of the screen you will see you actually have two friends.. Special Brew and the cat

[citizenB]

Sounds like a plan to me multay, have a good weekend.

[citizenB]

Hi....

 

Well, nothing more from A&L apart from a aletter sent second class that Warns me they will send someone to the house...Good luck with that..;0)

 

On a more positive note - I have a second interview for a job on Friday and it looks like a formality, just a meeting with 3 of the directors so it's looking good!!!

May have a second one for a different job too!! Only sad part is that I will be moving again but you can't have everything...Things might be on the up....

 

 

Multay, tell them to bring their own teabag and biscuits:p

 

Keep us posted with news re the interview.

[citizenB]

I like both ideas

[citizenB]

Hi Multay,

 

That is excellent news re the new employment. Shame you have to uproot yourself again though. You can still visit CAG though:D

 

Hmmm, if they are ignoring your "in depth" letters, then I guess just a short and sweet note advising

 

Dear Sir/Madam

 

ACCOUNT IS IN DISPUTE

 

In response to your recent letter, I would refer you to mine of XX XXXX 2008 .(If you have written more than one letter to them, put those dates in as well)

 

Yours faithfully,

 

YOu might also be interested in sending a letter to the OFT.

 

In the link below, bankfodder has drafted a letter for the OFT. Just amend it to include your details, include a copy of the defective agreement/application form and one or two copies of the letters that DCAs and A&L have sent after you informed them the document was not compliant. :grin: You could also include the fact that you have made an official complaint to the OFT in your letter above.

 

http://www.consumeractiongroup.co.uk/forum/consumer-protection-unfair-trading/147830-complaint-oft-respect-invalid.html

[citizenB]

Nice one steven:lol:

[citizenB]

Haha...Good one...I'm looking forward to it...Should be fun..And I just had a postcard to say that an annoymous person is coming round to see me on Monday from MBNA (A&L I suppose)...Awww, what a shame I won't be in...;0(

 

I'll be writing a nice letter to them tomorrow, so I'll post it up before I send it for opinions...

 

Catch you crazy kids later....M..x

 

 

Ah, perhaps they are going to help you pack, Multay !

[citizenB]

Hi Multay, Pleased to hear you are settling down in your new home and job.

[citizenB]

You could amend the letter in Bankfodder's thread in the following link and send to the OFT.

 

It is letter link number 1.

 

The Consumer Forums - Consumer Protection from Unfair Trading Regs. 2008

 

I have also been sending a copy to the company I am complaining about with a covering letter as follows.

 

 

 

Dear sirs,

 

With reference to your letter dated (whenever)

 

Please find enclosed a copy of a letter I have today sent to the Office of Fair Trading. The letter is self explanatory.

 

Yours etc..

[citizenB]

They obviously have your address, so whether you confirm it or not.. they will continue to send letters.

 

IMHO, you need to send a CCA request. Who did you send the original one to.. Original creditor or another DCA ?

 

I think that should be the basis of your initial contact - that you have previously made a legitimate and legal request and as such the account is in dispute for non compliance of an s78 request.

 

That rather than fulfill the request, previous DCAs have returned the account where it is then passed on yet again.

 

You would not really be able to send the telephone harassment or do not visit me letters without revealing your new address, sadly

 

Have they made contact by telephone yet ?