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Aah, that may be the difference, lowlife came up with zilch not even an application that they felt was good enough to satisfy my request for a CCA :rolleyes: I think you will just have to be tenacious with them. Might be worth telling them that an application doesn't do the job, copy in the commissioner, etc, etc.

 

I am at the early stages with another DCA regarding defaults and may have to start another thread for that. Their data controller had the nerve to say that although if a debt isn't enforceable doesn't mean the DCA can't lodge a default :confused::eek: So what's stopping a DCA randomly dishing out defaults just for fun? Maybe I should stick a default on his personal CRA file 'just for a laugh' see how he likes it :D

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This is what is confusing me(doesn't take much these days)

In their goodbye letter they state they are closing my file until such time a valid CCA turns up so if they think that what they have sent me is a valid CCA then why are they not persuing me for the debt?

I suspect they know they won't get very far if they try to take me to court which is why they are not chasing.

Do i give them one last chance with a Letter Before Action stating that i know that it's an applicatiom and not an agreement and they know it too and invite them to take me to court if they think it's valid.

So either they remove the data or enforce the debt.Risky?

 

 

fox

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Until they are given a darned good slap and made to see that the paperwork supplied is not an enforceable document, they are taking it that it is, but they didn't supply it in time, hence not requesting payment.

 

In cases where the document is correct, but was not supplied within the timescale, it can be used to register/uphold a default as the debt still exsits, even though payment is not enforceable.

 

The same argument would apply to breaches of the DPA in processing data. They will have to be told that the paperwork they are relying on to support their claims is invalid.

 

A claim for damages via the courts may be called for ?

 

what's stopping a DCA randomly dishing out defaults just for fun?

But they already do!

 

...until such time a valid CCA turns up so if they think that what they have sent me is a valid CCA then why are they not persuing me for the debt?

They've said as much in their letter - they failed to supply the alleged CCA within the timescale allowed, so are not requesting payment.

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Thanks for your input hillards. I understand now.

 

I can't afford to take them to court (Income support won't stretch that far)

and I haven't really suffered damages apart from defamation.

 

fox

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Thanks for your input hillards. I understand now.

 

I can't afford to take them to court (Income support won't stretch that far)

and I haven't really suffered damages apart from defamation.

 

fox

 

If they do take this any further, and they shouldn't once you slap them, then part of your counter-claim would be for defamation, angish, distress, and costs in having to keep writing to these monkeys... That way it wouldn't cost you anything.

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Thanks for your input hillards. I understand now.

 

I can't afford to take them to court (Income support won't stretch that far)

and I haven't really suffered damages apart from defamation.

 

fox

 

Aren't you allowed damages for defamation? If so might it be worth finding a no-win no-fee solicitor to take it on? May be one of those that works for DCA's when it comes to trying to BR debtors :D

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I'd just love to send bryan carter a letter to see if he'll take it on as a no win no fee:D

I've decided to SAR Crap1 to get some information that only they hold which if they do have it will shoot the lowlifes down in flames and strengthen my case.Can't go into details but once i get something back I'll be able to assess where I go from here.

I'm also going to LBA lowells just to keep the ball rolling and also contact the information commissioner to get the complaint started.

I think that'll do for now :D

 

fox

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Just as an aside. does anyone know which address to write to Crap1?

Nottingham or london?

If you are asked to deal with any matter via private message, PLEASE report it.

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Just found this:

 

Capital One Bank (Europe) PLC

Trent House

Station Street

Nottingham

NG2 3HX

 

Is that the right address please

 

fox

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Best one for me has been

 

Executive Office

Capital One

PO Box 5283

Nottingham

NG2 3YG

 

 

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Thanks again Hillards.

I'll send it for the attention of the data controller too.

 

fox

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Hi Fox, What a pain in the ar*e they are being for you - I think Hillards has got a fair point tho' in as much as you could surely claim for the defamation side of things (vaguely remember something about it & tort etc from gcse law ha ha) - also, would u be entitled to financial help with taking em to court maybe like a legal aid kinda thing (if thats still about or applies?).

Make sure you post up any drafts you do before sending hunny. Gd luck! Have started new thread for the cabot paperwork i got & had dome1 say the same as me & you did so am just waiting really for a few more comments hopefully agreeing the same then will see what is the best template to use to respond to the them - although i could poss just ignore them if it IS unenforceable, until they start to chase me again. (thanks for pm - cheered me up no end).

Laters

Mpols x

'Confidence grows & heartbeat slows to a steady stronger beat, as each member unites, against DCA fights & we all sail aboard the CAG fleet!' :rolleyes:

:pKeep smiling peeps!

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Hi Mpols,

After todays letter my nicotine( and caffeine) intake has shot through the roof. just had a thought. Had nothing to eat either yet DOH!

I'll post up what i get back. no point posting the SAR request as it's standard stuff.

 

fox

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:rolleyes: Aaah bloomin men! Can't take care of emselves (Only jokin) ha ha - Can offer you a fishfinger sarnie thats what my young'uns have just asked for for their tea tonight ha ha - no mention of veggies or the '5 a day' of course - love em!

'Confidence grows & heartbeat slows to a steady stronger beat, as each member unites, against DCA fights & we all sail aboard the CAG fleet!' :rolleyes:

:pKeep smiling peeps!

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Ah bless. Can you PM me one but it might get a bit squashed with the bandwidth.

 

Once I've finished my letter before action I'll post it up for everyone to laugh at:|

 

fox

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"Just put something realllly blunt like..erm..."Dear !£$%!, You are talking outta your bum - I have received top advice from a very select independent panel (YAY CAGGERS!) & do not expect to be interrupted by your piffle again - so there. Please see the Boring legal very small print below to remind you of what you already know, nb, to return the favour i have of course made the font as teensy as poss and then repeatedly let my dog/cat/rhino excrete all over it in order to make this illegible for you (but am willing to claim it is a true copy honest (with my fingers xed behind my back).

Yours. MR fOX xx" :mad:

 

(not quite on the same level as SH's fab responses but i'm distratcted at the mo - x)

Edited by mysticpols06

'Confidence grows & heartbeat slows to a steady stronger beat, as each member unites, against DCA fights & we all sail aboard the CAG fleet!' :rolleyes:

:pKeep smiling peeps!

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I don't have a pet rhino but if I did I'd take it on a ride to leeds to make a deposit at clownells :D

 

More info needed please.

What should be in an agreement.

I already know that there should be:

The interest rate

the credit limit

The Repayment schedule

Penalty charges

 

Is there anything else i need to put in.

Thanks all

 

fox

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Well the letter I got from lowlifes is dated today and posted yesterday. Do these people(?) not know their ar$e from their elbows.

I won't stoop to their level though. I'll do things properly(well as properly as a layman can) :)

 

fox

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Right, This is a draft of the LBA I intend to send to the lowlifes.

Any comments, good, bad or indifferent would be welcome:

 

LETTER BEFORE ACTION

 

 

Dear Sir/Madam

 

 

Thankyou for your letter dated 9th January 2009 which was posted on 8th January that I received today (9th January 2009) The contents are noted.

I am giving you one final opportunity to resolve this issue. The Consumer Credit Agreement that you are relying on to continue illegally processing my data is, as you are fully aware, an application form and as such would never stand the test on enforceability in the courts.

As you are aware, a fully executed agreement needs to comply with the Consumer Credit Act 1974. The document supplied by you does not contain:

a) An interest rate

b)A credit limit

c)Payment schedule

d)Penalty charges

 

 

As the “agreement” is unenforceable in law, I would suggest you revisit you decision to carry on illegally using my data and stop forthwith, removing all adverse data you have placed on the various credit reference agencies.

Failure to comply with my demands will result in no further contact with you and court action will be commenced where you will be put to strict proof that you have the right to be processing my data.

I Believe that you are also abusing my rights under article 8 of the Human Rights Act which will also be discussed with the courts.

 

 

I trust this makes my position very clear and that I will not stand back and let you abuse your position.

I shall be copying all correspondence that have been sent and received to the Office of Fair Trading, Trading Standards, The Financial Ombudsman and the Information Commissioner.

 

 

I look forward to your closure on this matter

 

 

Yours Faithfully

If you are asked to deal with any matter via private message, PLEASE report it.

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I shall be copying all correspondence that have been sent and received to the Office of Fair Trading, Trading Standards, The Financial Ombudsman and the Information Commissioner.

Don't forget your MP as well...

Be good to those who give you advice that helps - click the star to give them your thanks by way of a reputation credit.

 

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I'll add that.

Any other thoughts?

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Just had a thought that could slow down my progress. I haven't yet made a formal complaint to lowlifes. Should I be doing that before i take it any further.

All I've sent them is the A/C in dispute letter, the s10 letter and a follow up to the s10 but no official complaint. I did receive a complaints shett of paper from them today so should I go down that route first/

 

fox

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with reference to the post above. Could I send the letter before action as well as a complaint letter in the same envelope?

All answers gratefully accepted

 

fox

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Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

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