LJ vs RW

[lunar jim]

bump again, is there a response letter to this, please?

[lunar jim]

bump

[lunar jim]

Bumpage

 

Could someone please have a look at this? Just wondering how to reply to their latest letter.

 

Basically, the CCA was sent in December. I got a couple of letters back saying they were looking for it. I sent them the 'account in dispute' letter. They came back with an unenforceable 'agreement'. I wrote to them and told them this, and why it was unenforceable. They wrote back to me yesterday with the same 'agreement', stating that they believe it is enforceable, we'll give you a discount, but you must pay up. And they don't want to get into a game of postage ping pong...

 

So... What next?

Edited February 7, 2009 by lunar jim

[lunar jim]

Bump again

[lunar jim]

Could someone please let me have an answer to this, my thread just keeps getting swamped

[seniorservice]

Lunar jim - you are in exactly the same position as me with a Cap One account assigned to RW, presumably you are dealing with Rebecca Cooper.

I think it is well-known on CAG that Cap One don't have any enforceable agreements due to the lack of prescribed terms and this is just a game of bluff.

I just return any letter to Rebecca stating that the account is unenforceable due to their breach of S78 and the letter must have been sent in error. They ignore this and plough on regardless.

We'll just have to wait and see what their next move is - we're on pretty safe ground if they go to litigation due to the defective agreement. Their only other options is to continue sending letters which I'll return, sell the debt on or write it off.

RW is about to be sold as it is part of the in administration London Scottish Bank Group so there will be a lot of change there and probably everything will end up at another DCA pretty soon and we'll have to start all over again.

Let me know if you get anything more from RW and we'll share what we find out.

SS

[lunar jim]

Thanks seniorservice. How long have you been sending them back now, and what's their frequency of contact at the moment (letters, and calls if you're getting them)? Just so I know what to expect...

[seniorservice]

I think that I have moved from personal letters from Rebecca back into some sort of automated cycle - probably one letter every other week. I've never had a phone call from them.

From my experience it doesn't seem that detailed replies to letters from them are worth the effort as they are in denial - presumably they would never admit a CCA breach or that all their agreements are defective even if it is blatantly obvious they lack the prescribed terms.

Can't really predict the next move - they could risk court action but would have a few initial problems with a request under Civil Procedure Rules - no executed agreement, proof of assignment, copies of default notices etc etc.

My feeling is that RW is on its last legs and all these cases will end up with another DCA and we'll have to go through this all over again with somebody else. DCA's are highly unpredictable - some give up when challenged and others just go quiet - they have plenty of other suckers who don't know the law on their books who get pushed around and pay up through fear but can't be bothered to deal with us CAG'ers who put up a fight.

SS

[lunar jim]

Fair enough then, I'll fire them a simple 'I've already told you this CCA is no good' letter tomorrow and see what happens.

 

Did you do a full SAR from RW or Cap1, or just CCA?

[seniorservice]

Just a CCA to Cap One - didn't think there was any point wasting money doing a SAR as I wasn't claiming any charges and knew the "agreement" had no prescribed terms. If it goes to court they'll have to produce everything under a Civil Procedure Rules application anyway.

SS

[42man]

LJ....what they have sent you is an application form....send this recorded

 

Thank you for your response to my request under the Consumer Credit Act section 78.

 

I am pleased to see that you confirm this as a true copy of the original agreement executed by yourselves on the XXXXX.

 

As you must realise this agreement does not conform to sections 60(1) and 61(1) of the Consumer credit Act and is therefore unenforceable under section 127(3) of the same act.

 

 

You had until (date here) to provide me with the true copy I requested. After that date you entered into default of my request and I am therefore advising that the matter is now in dispute . Whilst the matter is in dispute, you are not permitted to ask for any payment, nor am I obliged to offer any payment to you. Furthermore, whilst the dispute remains, you are not entitled to charge any interest on the account, make any further charges to the account or pass the account to anybody else.

Please note you may also consider this letter 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 including any defaults. 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 fail to respond within 21 days, I will expect that this means you agree to remove all such data.

 

[lunar jim]

Thanks for looking at this 42man, and for the letter. I'll get this off to them asap. I've made a slight tweak; I told them back in Jan that the account is in dispute so I've changed the red part to read 'and I remind you that the matter remains in dispute'.

 

Post has been generally quiet the past few days. My other creditors default on their CCA requests on Thursday, wonder when I'll get responses...

Edited February 10, 2009 by lunar jim