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    • pop up on the MCOL website detailed on the claimform. [if mcol is not working return after the w/end or the next day if week time] .  register as an individual  note the long gateway number given  then log in .  select respond to a claim and select the start AOS box. .  then using the details required from the claimform .  defend all  leave jurisdiction unticked   goto the defence filing section  file the following:     1 The Claimant's claim was issued on (insert date).  2 The Defendant contends that the Claimant's claim so issued is a claim in contract and is statute barred pursuant to the provisions of section 5 of the limitation act 1980.  . If, which is denied, the claimant contends that the Defendant is in breach of the alleged contract, in excess of 6 years have elapsed since the date on which any cause of action for breach accrued for the benefit of the Claimant. .  3 The Claimant's claim to be entitled to payment of £[insert figure from their POC]  or any other sum, or relief of any kind is denied. .. ..ends..   dx          
    • I passed on the article and link to friend. Between us we will now try get the required info to the correct location so that they (whoever in the Govt) can sort out what he is owed. I will keep you updated.  This thread may help others in similar situations. Ethel Street - very helpful research.  Thank you.  Seems like you came up trumps!
    • numerous erudio/drydens claimform threads here already - use our search top right.   your appears to be statute barred as you've never heard of erudio so would not have deferred since your last direct deferment to SLC in 2013    if you wish to bother to even send CCA/CPR that's upto you but the bottom line is to erudio you've ignored everything to date yoy might also ignore a claimform.   but ofcourse you are not!!   if the above is true   pop up on the MCOL website detailed on the claimform. [if mcol is not working return after the w/end or the next day if week time] .  register as an individual  note the long gateway number given  then log in .  select respond to a claim and select the start AOS box. .  then using the details required from the claimform .  defend all  leave jurisdiction unticked   goto the defence filing section  file the following: 1 The Claimant's claim was issued on (insert date).  2 The Defendant contends that the Claimant's claim so issued is a claim in contract and is statute barred pursuant to the provisions of section 5 of the limitation act 1980.  . If, which is denied, the claimant contends that the Defendant is in breach of the alleged contract, in excess of 6 years have elapsed since the date on which any cause of action for breach accrued for the benefit of the Claimant. .  3 The Claimant's claim to be entitled to payment of £[insert figure from their POC]  or any other sum, or relief of any kind is denied. .. ..ends..   dx      
    • Well I would want my £50 back also but hey ho if your satisfied its been resolved.....there was no way you could ever be liable anyway as your contract was with TC not RC.   Thread title updated.   Andy
    • Have you not already served a CPR 31.14 ?   You dont request the agreement by way of a CPR 31.14 you use a CCA (section 78) request which you have already done and they have not complied.Therefore they remain in default of your request and unable to enforce the agreement.   Screen shots of the application/sign up are not compliant with a Section 78 request.
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olliepup

Natwest/rbs/triton mint creditcard debt

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Hi, if they have signed for it and haven't cashed the cheque thats their problem! Your request was in the letter - signed for.

Wait for the timescale to develop and then send them the CCA default notice.

All the clowns I have sent these to have taken the £1.00 CCA fee as payment on the account!

I still haven't had 1 CCA back correctly and they are all in default...

:)

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I'm hoping they can't find the bugger as i signed for it 12 years ago and i can't find 11k and christmas coming up don't need the stress, and they won't except my offer of payment.

 

Most CCA's i've sent have cashed the cheque, but it maybe worth tracking the letters to see if they have been signed for.

 

I CCA'd the bank over a 3.9 k loan and they did send a valid CCA about 3 weeks ago and said they would pass it onto their solicitors, but haven't heard anything yet?

 

Prob get a letter in post in the morning now i've said that!

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i take it you sent the requests by recorded delievery

if so, it does not matter if they cashed the cheques or not

you said you signed the agreement 12 years ago

when did you last make payment on the account

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It was 2 years ago, i defaulted 18 months before that, i was paying a monthly amount but they said they were reviewing the account and not to pay anymore, that was nearly 2 years ago, now they are going on about 2k a month again which was how it started, surely they have to produce the CCA whether i signed something or not years ago as i have requested it and it is my right to request?

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i take it you sent the requests by recorded delievery

if so, it does not matter if they cashed the cheques or not

you said you signed the agreement 12 years ago

when did you last make payment on the account

 

Yes it was recorded delivery, and thinking back to when i got the credit card 12 years ago or so i can't remember if it was just an application i signed in the bank, it's that long since i got a credit card, what happens? you sign a application then do you get a agreement to sign before you get the card?

 

I don't know if i signed anything thinking back, remember the guy that said it would be a good idea to get the card and said he would set it up for me but it was so long ago, in hind sight it wasn't such a good idea after all!!

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olliepup

they are prob searching the deepest darkest vault for your cca as its been 12 years

the longer it goes on the better

 

its looking good

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olliepup

they are prob searching the deepest darkest vault for your cca as its been 12 years

the longer it goes on the better

 

its looking good

 

Once the 12 day plus 2 is up if they produce a cca after that is it enforceable?

 

Or as long as they provide one at any point they can pursue for the money again?

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after 14 days, if no cca, they cant enforce

 

if they dig one up, say in twelve months, they can then pursue

all be the agreement is enforceable is another matter

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Right got a letter today off Triton dated 13th November.

 

Usual thing saying i'm in trouble and they have advised NatWest to take me to court for the money i owe!

 

And also saying i haven't tried to pay etc.

 

They also said they could get a CCJ against me and or send a baliff to remove possesions and charging order.

 

I know they can't send baliffs unless they have taken me to court and i then fail to pay a CCJ is that right?

 

Anyway i tracked my CCA request i sent them on the 5th Nov and it was delivered on the 10th!

 

So they have my CCA request, still haven't cashed my cheque and are still pursuing money.

 

At the end of the letter it said they would rather talk than take me to court so i should ring them.

 

Total waste of time, i ring they want 2k a month we fall out.

 

So what letter should i be sending them?

 

One to state they have not complied with CCA request and tell them it is a offence to pursue money while the account is in dispute?

 

Obviously if they try and take me to court they won't have a chance when the letter was delivered by recorded and they have not produced the CCA as yet.

 

The SAR letter was posted the same on the 5th and was delivered on the 6th, so maybe Triton were avoiding signing for it?

 

Anyone got any tips for these people?

 

Cheers.

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until they comply with your cca request,

they can do sfa

if they issue court papers while in dispute, it will be thrown out of court with out an agreement

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So would it be a good idea to inform them i know the letter was delivered on the 10th and they haven't complied?

 

Or just leave them with it?

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i would just ignore

 

they know the law

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Cheers for tips, apreciate it.

 

Take some doing ignoring, but i'll try it, if i get anything else through i'll remind them they haven't complied!

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Hi all,

 

This debt was for a loan which has amounted to 3.9k, they wouldn't accept my payments after 2 years on a plan, i couldn't afford what they were asking and they said they would take me to court, so i told them too.

 

In the meantime i CCA'd them and they produced a valid agreement, and sent me a letter saying i could pay the arrears on the loan.

 

So i rang them and enquired about paying these arrears and they said they didn't have the account anymore and to phone there solicitors.

 

So i phoned them and they new nothing about it.

 

I then sent a SAR with a cheque which still hasn't been cashed but today i've recieved a letter on Natwest headed paper not the CMS stuff saying we are aware your in contact with us regarding my situation or to arrange a payment plan.

 

However we are sending the enclosed notice because we are obliged to do so under CCA.

 

While you loan remains in arrears you will be sent further notices at least every 6 months.

 

Please note that payments recieved in reduction of your borrowing will be used to repay the oldest arrears first.

 

You can make payments etc blaa blaa.

 

Should you wish to discuss matters further please do not hesitate to contact us on the above telephone number.

 

Which is CMS by the way.

 

The notice is a polite letter saying i have a loan and under CCA i owe these arrears and how much is oustanding in arrears, no interest on the arrears.

 

And it says if i'm in difficulties please contact them.

 

What is going on????

 

Are they wanting me to try and start repaying the loan?

 

Are they still taking me to court?

 

Or is this a computer generated letter and they still don't give a crap?

 

With interest rate cuts and being on a tracker mortgage i could be in a stronger position to renegotiate payments and keep me out of court.

 

All abit confusing, suppose i'll ring Monday and find out, probably get some bint saying it's gone to solicitors and you've had it!

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firstly , stay off the phone ! do everything in writing only.

 

AFAIK cms are a dca, and certainly have no powers to take you to court so dont worry .

 

can you gave us some dates concerning the debts history in the story please.

 

i will guess that after paying £XXX PCM for 2 yrs this dca wrote to you saying they now wanted more PCM? thats std practice i'm afraid.

 

have you continued to pay since that letter? or when was the last payment?

 

dx


..

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Hi,

 

I defaulted on the loan 22 months ago, i've been paying a monthly instalment which has increased a little every 3 months until September when they demanded 4x what i was paying which was not affordable.

 

So they said they have no option but to start legal proceedings.

 

I CCA'd them and they produced one about a week after the 12+2 day deadline.

 

So i phoned them and asked if i was still to pay my monthly and they said there was no point as it being passed onto their solicitors, i then received a letter saying my direct debit had been cancelled.

 

Now this letter stating my arrears etc, Natwest headed paper with CMS address in the corner.

 

So i take it CMS are Natwests in house DCA, can they not take me to court then or do they have to pass it back to Natwest?

 

I may just write to them and ask some questions then they have it in writing and i will get some sort of answer in writing.

 

All abit confusing.

 

Cheers

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Hi all!

 

Well looks like Triton are trying scare tactics.

 

Got a letter headed by Green And Co solicitors same address as Triton saying if i don't pay 11k in 7 days they are likely to take me to court.

 

Likely! what the hells that!

 

Or pay instalments, like last time they wanted 2k a month.

 

Anyway back to the facts, i CCA'd them a few weeks back, the letter was signed for on the 10th of November, so the 12+2 days has gone and the cheque for £1 has not been cashed, they have not produced a valid CCA yet either.

 

It was for a credit card debt.

 

Should i write back and inform them they have not fullfiled my CCA request and should not be pursuing any money till they provide one?

 

Many thanks in advance.

 

Olliepup.

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Yes and remind them that without supplying your CCA they've got no chance.

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Just incase you need it:

 

Account In Dispute

Ref:

Dear Sir/Madam

Thank you for your letter of xx/xx/xx, the contents of which have been noted.

You have failed to respond to my legal request to supply me a true copy of the original Consumer Credit Agreement for the above account.

On **DATE** I made a formal request for a true signed agreement for the alleged account under consumer credit Act 1974 s77/8. A copy of which is enclosed for your perusal and ease of reference.

You have failed to comply with my request, and as such the account entered default on **DATE**.(12+2 days after you sent the CCA request)

The document that you are obliged to send me is a true copy of the executed agreement that contained all of the prescribed terms, all other required terms and statutory notices and was signed by both your company and myself as defined in section 61(1) of CCA 74 and subsequent Statutory Instruments. If the executed agreement contained any reference to any other document, you are also obliged to send me a copy of that document.In addition a full statement of this account should have been sent to me detailing all debits and credits to the account.

Furthermore

You are aware that the Consumer Credit Act allows 12 working days for a request for a true copy of a credit agreement to be carried out before your client enters into a default situation.

This limit has expired

As you are no doubt aware section 77(6) states:

If the creditor fails to comply with Subsection (1)

(a) He is not entitled , while the default continues, to enforce the agreement.

Therefore this account has become unenforceable at law.

As you have Failed to comply with a lawful request for a true, signed copy of the said agreement and other relevant documents mentioned in it, Failed to send a full statement of the account and Failed to provide any of the documentation requested.

Consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS.

Furthermore I shall counterclaim that any such action constitutes unlawful harassment.

Please note you may also consider this letter as a statutory notice under section 10 of the Data Protection Act to cease processing any data in relation to this account with immediate effect.

This means you must remove all information regarding this account from your own internal records and from my records with any credit reference agencies.

Should you refuse to comply, you must within 21 days provide me with a detailed breakdown of your reasoning behind continuing to process my data.

It is not sufficient to simply state that you have a ‘legal right’; You must outline your reasoning in this matter and state upon which legislation this reasoning depends.

Should you not respond within 14 days I expect that this means you agree to remove all such data.

Furthermore you should be aware that a creditor is not permitted to take ANY action against an account whilst it remains in dispute.

The lack of a credit agreement is a very clear dispute and as such the following applies.

* You may not demand any payment on the account, nor am I obliged to offer any payment to you.

* You may not add further interest or any charges to the account.

* You may not pass the account to a third party.

* You may not register any information in respect of the account with any credit reference agency.

* You may not issue a default notice related to the account.

 

I reserve the right to report your actions to any such regulatory authorities as I see fit. You have 14 days from receiving this letter to contact me with your intentions to resolve this matter which is now a formal complaint. I therefore request a copy of your official complaints procedure which you are obliged to supply.

I would appreciate your due diligence in this matter.

I look forward to hearing from you in writing.

Yours faithfully,

 

 

 

Ida x


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Hi all!

 

Well looks like Triton are trying scare tactics.

 

Got a letter headed by Green And Co solicitors same address as Triton saying if i don't pay 11k in 7 days they are likely to take me to court.

 

Likely! what the hells that!

 

Or pay instalments, like last time they wanted 2k a month.

 

Anyway back to the facts, i CCA'd them a few weeks back, the letter was signed for on the 10th of November, so the 12+2 days has gone and the cheque for £1 has not been cashed, they have not produced a valid CCA yet either.

 

It was for a credit card debt.

 

Should i write back and inform them they have not fullfiled my CCA request and should not be pursuing any money till they provide one?

 

Many thanks in advance.

 

Olliepup.

 

Ha ha! 'Likely'...as in snowball in hells chance without a CCA.

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Hell that letter is a cracker!

 

If that doesn't sort it one way or another nothing will!

 

Yes the 'Likely' amused me, the used that in a few paragraphs, Likely this and likely that.

 

I'll send that letter to them Monday and see what they come back with!

 

Don't know why they haven't cashed the cheque?

 

Natwest still haven't cashed the cheque for my SAR request either.

 

Thanks for the tips and making me smile.

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This is what it said, although it say's it's for loan documentation, but i wanted bank statements to claim overdraft charges, i sent the SAR template letter from here.

 

They sent my cheque for 10 quid back too.

 

As follows..

 

Data Protection Act 1998 - Loan Documentation

 

For the Data Protection Act to apply information which is not stored electronically needs to be held in a certain structured format which is easily accessible. An example of this would be if the information was filed in alphabetical order, referring to name of the customer and then the file itself was broken down into different topics. Information held in such a structured format is known as a Relevant Filing System.

 

Part of your Subject Access Request, the Consumer Credit Agreement would not generally be held by the Bank in a relevant filing system and as such would fall out with the scope of the Act - this would mean that you would not be entitled to under the Data Protection Act.

 

If you have any queries do not hesitate to contact me on the address shown above.

 

Is this a load of rubbish and basically saying the can't find or don't want to find so they don't have to pay??

 

What do you all think?

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Sent CMS a letter to ask what on earth is going on and do they want to talk about a repayment plan as there staff keep saying they can't accept payments as it's been passed to their solicitors.

 

I got a reply today saying ok fill out this expenses form and what i'm paying etc and how much i can offer to pay and they will see if they will accept it, i have 14 days to do this or they may pass it to solicitors (THOUGHT THEY HAD ALREADY) or pas it onto DCA, thought they are a DCA?

 

So if i fill out the expenses sheets it want to know of other debts i have, i have a 11k credit card debt with them which is in dispute at the moment, so should i add this to this list and write in dispute next to it of just leave it off the list?

 

They want to know value of house etc but suppose that's fairly standard.

 

They do have and produced a CCA for this debt so suppose it's in my interest to get some agreement in place.

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This is what it said, although it say's it's for loan documentation, but i wanted bank statements to claim overdraft charges, i sent the Subject Access Request template letter from here.

 

They sent my cheque for 10 quid back too.

 

As follows..

 

Data Protection Act 1998 - Loan Documentation

 

For the Data Protection Act to apply information which is not stored electronically needs to be held in a certain structured format which is easily accessible. An example of this would be if the information was filed in alphabetical order, referring to name of the customer and then the file itself was broken down into different topics. Information held in such a structured format is known as a Relevant Filing System.

 

Part of your Subject Access Request, the Consumer Credit Agreement would not generally be held by the Bank in a relevant filing system and as such would fall out with the scope of the Act - this would mean that you would not be entitled to under the Data Protection Act.

 

If you have any queries do not hesitate to contact me on the address shown above.

 

Is this a load of rubbish and basically saying the can't find or don't want to find so they don't have to pay??

 

What do you all think?

 

You should report them immediately to the ICO

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What is that exactly monty? and what does it entail?

 

Are they breaking the law?

 

I thought it was my legal right to pay 10 pounds to request this information?

 

I'm assuming they owe abit in charges as i remember them piling them on!

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