CCa 1974 and credit cards

[underdog13]

How about this one?

 

Please be advised that I am only prepared to communicate with you in writing. OFT rules and regulations clearly state that you can only visit me at my home if you make an appointment and I have no wish to make an appointment with you. There is only an implied license under English Common Law for people to be able 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.).

 

Therefore take note that I revoke license under Common Law for you, or your representatives, to visit me at my property and if you persist in sending “doorstep callers” to my home, you will be reported for harassment and be liable for damages for a tort of trespass. You would also be liable for conspiring in a tort of trespass by acting in defiance of my instructions and sending someone to visit me nevertheless.

 

 

Should it be necessary, I will obtain an injunction.

[underdog13]

Hi again Got 2 letters this morning 1 from TSB( the third FINAL RESPONCE) saying that they are sorry i was unhappy with thier responce to the cca s78 request and again say they have complied with S78. Now this is at least the 3rd time theyve sent this letter and ive replied every time saying i do not dispute this point and that the requests where for CPR rules i dont think they will every 'cotton on' to that one

and again as i have used the account and made payments i have acknowledged an account and that all the banks agrements have always complied with all legislation:rolleyes: and they are confident of this therefore i should make payments:eek:.. And a threat o gram from BLS collections and a threat of personel visit :eek: Did i see a good letter on here re visits? Still no reply from SAR letter asking for disclosure of notes on file manual intervention

 

To paraphrase Mandy Rice Davies "Well they would say that, wouldn't they?";)

[jayjay11]

Thanks UD13 I will also point out that the account is still in dispute due to non compliance with SAR

[underdog13]

You're welcome:) HTH

[jayjay11]

BLS collections have writen today and offered 50% reduction on the 'debt' I ve still not had full disclosusure on SAR and the default notice issued after termination, without a default notice. So although tempted I could prob raise the 50% I think they may have shot themselves in the foot with the default notices and termination ect..

[lexis200]

Unfortunately it's unlikely to be a genuine offer, and I would guess the moment you part with the cash it'll be marked as 'partial settlement' and chucked to the next DCA.

 

The DN/termination combo sounds good and as you say will have cooked their goose.

[jayjay11]

Well that was a moment of weakness there, just getting a bit bogged down with their constant stalling ect I def did not recieve a DN in Jan before a demand for full payment and cancelation of card ( which i took as termination of the account and acknowledged by no further payments:D) and they then ised a correct DN in may and ANOTHER termination/ demand for full bal in june So i suppose its just waiting for a nice slice of 'cooked goose'

Edited July 16, 2009 by jayjay11

[The GodMother]

Jay

 

U could always attach conditions to the offer nd even counter offer of say like 10% of the balance with conditions like full credit removal, no further selling on or chasing for the remaining balance. etc.

[jayjay11]

thanks GM ive already offered them 10% in F&FS but they wouldnt play although that was before the default situation i havent as yet pointed out about the defaults as they havent disclosed the manual intervension or notes disclosure of my SAR yet i sent a letter before action yesterday regarding that i can see when i get it what DNs theyve recorded or otherwise

If anyone has any ideas on the default situation they may help then please let me know If there is a way i can sort things out quicker then comment away ..

Edited July 17, 2009 by jayjay11
add text

[diddydicky]

Well that was a moment of weakness there, just getting a bit bogged down with their constant stalling ect I def did not recieve a DN in Jan before a demand for full payment and cancelation of card ( which i took as termination of the account and acknowledged by no further payments:D) and they then ised a correct DN in may and ANOTHER termination/ demand for full bal in june So i suppose its just waiting for a nice slice of 'cooked goose'

 

a lot will hinge on this demand for payment can u post it up

 

the return of the card is of no concern as the can ask for this (restrict the use of the account) without termination

 

the danger in this is that you say you "def didnt receive a DN before this" but if their sar shows a date that a DN was issued prior to this they will say to the judge when you say you didnt receive it

 

Well he would say that wouldnt he!

 

havnt had time to read the whole thread but will do later

[jayjay11]

Thanks DD to help look at post no 71, 98 and citizen b's coments on 117

[diddydicky]

POST 71

 

 

 

 

POST 98

 

 

 

 

 

 

Ok, I have had a reread of your thread and I think something isnt quite right and must have been overlooked.

 

In post 71, you received a letter from Sechiari, Clark & Mitchell.

 

It states quite clearly in the 1st sentence that "despite several reminders and the issue of a Default Notice served, etc.... your account still remains out of order"

 

Then goes on to say they are now making a FORMAL demand for the full amount outstanding.

 

To ensure you dont miss the fact they are making a FORMAL demand, they have pasted a paragraph to the bottom of the letter in bold and capitals .

 

This to me, assumes they have "terminated" the account.

 

However, in post 98 you receive a Default Notice dated 12th May 2009.

 

This is interesting, because.. they have said in their letter of 21st January that they have issued a Default Notice already, they then go on to make a Formal Demand/Terminate the account.

 

They then issue a SECOND Default notice. Unfortunately that cant happen. How can you default a terminated account. You cant and this is why......

 

The first link will take you to a single post by BRW

 

http://www.consumeractiongroup.co.uk/forum/show-post/post-1775455.html

 

The 2nd will take you to a thread by surfaceagentx20

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/170345-tale-dodgy-dn.html

 

 

In a nutshell, it would appear that LTSB had already issued a Default Notice, one that you havent seen. On the other hand, the letter that **** sent you could have been a bluff on the DN issue, however they have terminated the account and asked for repayment of the full balance, which they are not allowed to do without a valid DN.

 

If there never was a DN as they assert then by Terminating the account and THEN issuing a DN dated 21st May, they have gone around it the wrong way and it is I think unlawful recission of contract.

 

You might now need to wait for others to advise where you go from here.

 

not to mention that the DN is not set out anywhere near in accordance with the regulations AND it is missing a specific paragraoh ( you should have receive etc)

[jayjay11]

what should i do now then?? From what ive read they can only claim the arrears at the time of default as of may 12th £35 and in Jan would be £15

Edited July 17, 2009 by jayjay11

[diddydicky]

what should i do now then?? From what ive read they can only claim the arrears at the time of default as of may 12th £35 and in Jan would be £15

 

Ok i have had a read of the whole thread, bloody hell, what a nightmare.

 

i don;t think i've seen a thread so fractured and difficult to keep a grip on

 

You asked for my opinion and this is it - strictly not legally qualified.

 

As I understand you are on a payment plan already

 

are you overly worried about some adverse being on your file

 

 

it seems to me that they have placed on the back of the application form something which was not there in the first place

 

Personally i would bring this sorry mess to a close and ask them to put up or shut up

 

My letter would take the form (without prejudice) of a full and final non negotiable time limited offer of 15% in full and final settlement from funds from a third party with the removal of any adverse and files marked settled in full (but i think you may have to swallow on this one and accept part settled but with no chasing or passing on of the rest)

 

I would then point out that in the event that they did not accept the offer then i would not respond to any further correspondence save for the service of summons and that i would vigoursly defend and counterclaim any action brought and that even in the event that i were to be awarded a ccj against me the payments would in any event be no more than currently being paid

 

Theres a time to cut the crap and call their bluff and IMO this is one of them or as clint would say

 

 

i know what your'e thinking, did he fire five or was it six

 

go ahead punk - make my day

 

 

if you want help with the letter shout

[jayjay11]

Firstly thanks DD for taking the time second i am sorry if the thread is in a mess because of my doing I started this fight with TSB in sept 08 since in Jan 09 ive been off sick with stress so its all abit much sometimes..

As i see it then the CCa responce has been a cut and paste and the termination and then default and 2nd termination is dodgy

would i need to point all this out if i opted for your FFS offer letter?

should i wait for the SAR full disclosure ?

[diddydicky]

Firstly thanks DD for taking the time second i am sorry if the thread is in a mess because of my doing I started this fight with TSB in sept 08 since in Jan 09 ive been off sick with stress so its all abit much sometimes..

As i see it then the CCa responce has been a cut and paste and the termination and then default and 2nd termination is dodgy

would i need to point all this out if i opted for your FFS offer letter?

should i wait for the SAR full disclosure ?

 

yes i would set out the whole defence but in referring to the CCA itself just state that you have "serious doubts" as to whether what they could produce would satisfy the requirements of a properly or enforceable credit agreement and just mention that "in view of the innefective DN and subsequent unlawful termination etc etc

 

i cannot of course guarantee that this is a paste up job and my opinion is just that

 

in the end it's your call

[jayjay11]

Thanks again DD and if would not be too much trouble i would like help with the letter as offered earlier

[jayjay11]

It might not be provable as a paste job but if that is the ageement they said i signed there are terms in there that refer to other terms that are not on the back So imo they were not available within the 4 corners of the agreement on signing !!!! IE section1 refers to 5 ,9,7,11and 6 None of which appear anywhere So this would appear a summary of terms is that acceptable as propery executed????

[underdog13]

If you are refered to another document for variations on prescribed terms I would have thought this breached the four corners rule; guess it will come down to convincing the judge of this....

[exchange]

I have the same situation where T&C's are referred to as existing in a separate document a copy of which has never been sent to me. If this was not available at the time of the 'agreement' being signed and they can't produce it now it must be improperly executed at least, in my opinion.

[jayjay11]

TSB have replied to day with a full set of copy statements from the time the acount opened untill 1 year ago !! still no list /screenshot /printout of entries made manually on the account so still not complied with SAR

[diddydicky]

TSB have replied to day with a full set of copy statements from the time the acount opened untill 1 year ago !! still no list /screenshot /printout of entries made manually on the account so still not complied with SAR

 

sorry jayjay ill get back to you on the letter later on

[jayjay11]

Got this letter today in reply to the home visit letter

http://i375.photobucket.com/albums/oo194/jayjay1105_2008/31-07-2009181857.jpg[/img]

 

http://i375.photobucket.com/albums/oo194/jayjay1105_2008/31-07-2009182009.jpg[/img]

[car2403]

Here's a suitable reply;

 

"Go back and read my letter again"

 

 

Also - why can't they forward your complaint about the S.A.R. to that department? Talk about washing your hands!

Edited July 31, 2009 by car2403

[jayjay11]

good point I will do as they ask and send a copy to the address given and will copy my letter to them highlighting the points made in my home visit letter that way all the evidence is stacking up against them should/when they take it to court showing their total miss handling of the whole thing

Edited July 31, 2009 by jayjay11
typo