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CCa 1974 and credit cards


jayjay11
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u issue a n1 threw ur local county courts

 

if u are serious about this let me know i have already done it and won.

OFT debt collection guidance

 

Please remember the only stupid question is the one you dont ask so dont worry about asking the stupid questions.

 

Essex girl in pc world looking 4 curtains 4 her pc,the assistant says u dont need curtains 4 a computer!!Essex girl says,''HELLOOO!! i,ve got WINDOWS!!'.

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I am serious about it ... as you can see by earlier posts the so called agreement they sent is a joke and they are not responding to requests to let me see the origonal at a branch so makes me think theyre on dodgy ground im sure if they had everything in order id know by now its over 3 months . So yes i want it sorted but wouldnt know what to put on N1 as ive only claimed for money before if someone could help with making the claim and poss defence if ness

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first u need to have wrote to them requesting the phone calls stop have u done that?

OFT debt collection guidance

 

Please remember the only stupid question is the one you dont ask so dont worry about asking the stupid questions.

 

Essex girl in pc world looking 4 curtains 4 her pc,the assistant says u dont need curtains 4 a computer!!Essex girl says,''HELLOOO!! i,ve got WINDOWS!!'.

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ok then i will get back to u re this as ATM i have a busy time due to house ful.

OFT debt collection guidance

 

Please remember the only stupid question is the one you dont ask so dont worry about asking the stupid questions.

 

Essex girl in pc world looking 4 curtains 4 her pc,the assistant says u dont need curtains 4 a computer!!Essex girl says,''HELLOOO!! i,ve got WINDOWS!!'.

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So they have complied and if it came to court they would get a judgement??

 

Ah, but that's not what the letter states. It states that they have complied with your CCA request sufficiently to mean that the agreement isn't in default and can now be enforced. Notice the missing sentence that follows that, which should state "we will now seek enforcement via the Court".

 

IMHO, this is all posturing about whether they have complied with your CCA request - not whether they have an enforceable agreement in their possession or not. This posturing is designed to confused and outrage you, but also to "put you back in your box" so you continue making payments, or continue being damaged by incorrect and inaccurate CRA information for the next 6 years.

 

If you really want to know if the agreement is enforceable, it's time to seriously consider Court action. Not least because they have said they won't correspond with you again regarding copy documentation.

 

If you aren't keen on Court, but are keen on fighting back their posturing, you could send a request to see the original contract that the agreement is based on, (ah, that'll be the enforceable credit agreement they have in their possession, then, right? ;) ) by sending a request under CPR to have sight of the original contract. You could also use that letter as your LBA for a request under s.142 CCA 1974 to have the debt declared unenforceable. They will have a lot of explaining to do if they turn up to Court without an enforceable agreement... :mad:

 

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ahh im with you now ..I def want to fight back ive gone this far and put up with their s~#t via about 50 phone calls so could you advise on the content and format of a crp letter??

Further to this i got a letter this morning in reply to my tel harrasment letter saying as a' good will' gesture they have removed my phone number from their records ( how nice of them) but also could i play nicely now and call them to discuss a payment plan !!

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Hi again underdog .. I will be sending the letter carr let me have asap If you are as well i'll keep you informedon progress (or lack of) i'm not going back in my box until they prove they have the paperwork!!!

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  • 4 weeks later...
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So no reply from either CPR letter time now passed Is it N244 time?? I have been following the thread by PT2537 and im very glad to hear that smt37 got a result should give some hope to most of us on here ..

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  • 3 weeks later...

Default Notice dated 12th May, remedy date 1st June.

 

I would say they have allowed sufficient time to remedy there must be 14 clear days.

 

Have you received a copy of your agreement ? is the account number the same on the application/agreement form as on the default notice. When you signed the application/agreement form was it for a Platinum account which is what they show on the Default Notice.

 

Does the sum they are claiming include penalties/charges ?. These are the things you should be looking for.

 

HTH

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All the things you pointed out are present and yes includes late payment fees They sent an ureadable copy of an application form and t&c,s not linked to the application on seperate sheet headed 'bank copy' in reply to my S78 request but nothing from my CPR requests

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