why you shouldnt use section 77/78 CCA 1974 if you want the signed agreement

[angel_1]

hello pt2537

 

a fab thread which ive learnt a lot of stuff, legally and otherwise.

 

I would like to chance this request as ive been sent a final responce from mbna and i was going to post my fos complaints today, but now im wondering

 

1. should i request this CPR31.16 via fos in my compliants

 

2 or should i refrain from fos firstly and go ahead and request CPR31.16 direct from mbna even though they in their final letter advice me will not discuss my complaints anymore and not correspond with me,

 

or 3, direct my complaints still to fos and highlighting the fact that mbna have stated will not correspond with me anymore that im requesting fos to intervene and to liase with mbna for my CPR31.16 request now, i would say that this is now a reasonable request since in my opinion they cut off all correspondence with me to address the inlegibility of the supposed true copy of my cca.

 

This would then force mbna hand in responding correctly or not, im not asking fos to decide for me whether the cca is enforceable or not, i require the positive true copies to enable me to make that decision with my legal team, ie you guys but wouldnt tell fos that lol

 

im happy to give this a go and then i can come back to advise others

 

what is the general feel for this pls

 

thanks laters angel x

[angel_1]

Don't forget to factor in that the FOS charge the creditor £450 when a consumer makes a complaint. On a small debt that can really hurt the OC.

 

hiya davey

 

of course , one debt is about 700.00 another under 2000 so in theory not high amounts at all

 

thanks for the look at cheers angel x

[angel_1]

Im still in the learning phase of all of this, but surely if you have done both the 77/78 request and a SARS the true agreement should be forthcoming, as the SARS should provide everything the creditor has on the debtor, including the original agreement?

 

If after both of these request you have still only been provided with an application form, or just current T&C you would surely suspect something was amis in the creditors records, and could them push through the 31.16 request for the true agreement?

 

if the creditor was still unwilling to furnish the agreement under this request, and then showed up in court with it, surely they would be in breach of the Data Protection Act anyway having not sent out the agreement under the SARS request?

 

 

Hello everyone,

 

i guess like MadScouser has put it above more clearly for me too now - i have requested both cca and sars got back the exact same ish info, so now at stalemate as been referred to fos, but

 

my post number 61 were my initial thoughts and so i would be happy to try it out today which way would be the best option

 

would it draw me any success by asking fos to intervene or not or go straight to the creditor but going to fos with this request as part of my way of getting the correct information would also cost the creditor the 450.00 for each of my seperate cards

 

I would like your expert thoughts as i agree, this could be an option as i cant find this debated elsewhere neither

 

thank you have a fun day all

 

laters angel x8)

[angel_1]

hiya all

 

i wonder if this thread is attracting a new line of men of straw lately, lol

 

may i ask if anyone can give me advice on my previous post number 61 on this thread, many thanks

 

keep happy all

 

laters angel x

Edited December 18, 2008 by angel_1
added post number 61

[angel_1]

Many thanks pt2537

 

i do appreciate the time if you have to take a peek, i think its just such a fascinating subject im enthralled by it all, however, i can see others views too and as ive only got an O level law, i feel i should get to know everything legal now - im hooked, lol

 

i will leave with you and even over the next week i will await your kind comments

 

thanks again

 

angel x:cool:

[angel_1]

Right

 

so best i proceed with fos, tell them had inlegible copies and im not even sure they are authentic and get them to investigate further with mbna and then await their responce

 

if not favourable for me then to look at cpr as the next option.

 

okay guess off to postoffice tomorrow for my seperate mbna complaints, each at 450.00 charged by fos to investigate

 

many thanks sweet

 

thanks for speedy reply

 

laters angel x

[angel_1]

hiya all

 

id like to ask pt2537 more now that im at a position similar like lexis with my bos, i got sent only terms and conditions ive queiried it but they have sent me a letter this is all they are obliged to send me, so no actual copy of any agreement with my signature

 

i now have been defaulted (but looking at it dodgy dn and ive got advice on this also my own research looks this way)

 

been terminated now fully too

 

got 2 letters from blair witch etc demanding arrears payments

 

so now im at the point will be sending my sars today - however, is it best to wait the 40 days to see if i get anything useful

 

Then and only then send the cpr request hoping they dont start court action in the meantime, then i understand i can then do the cpr request couldnt i?

 

still not paid them been to trading standards who told me stalemate and to go to fos (mind you ts did say they had supplied my agreement only the terms and not fully responded via the act) - been debating is it worth it, i think yes now as im also to wait on the sars info im kind of limbo

 

my thread is here if any one can take a peek pls

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/170602-rec-default-notice-cca.html

 

 

i feel ive reached this point now as its just over 5000 i have fears of the fast track and of course will defend any court action but im trying to learn from others and the pitfalls to avoid

 

appreciate your guidance laters angel x

Edited February 5, 2009 by angel_1

[angel_1]

HI All,

So is there any conclusion to this thread after 5hrs of reading and eye strain.

I see several people are already using CPR 31.16 route which seem to be ignored by the DCA's / OC so where does this leave us?

I like a lot of people of this forum have CCA'd Barclaysharks (got nothing yet) and so Subject Access Request just recently, shame we all can't join in together for a class action or something like that.

Me, well I'm just starting down the CCA route, will then go onto Subject Access Request and depending on what I receive may consider the CPR 31.16 but wonder if a rabbit was pulled out of the hat at the last minute what I could get hammered for in costs as they are entitled to claim search fee's.

 

I think this forum is fantastic, I thank people like pt for starting such an interesting thread and only hope one day I can get my life back!!!

 

 

i totally agree with you all day i keep coming back for more info its been like an obsession today for me, in a nice way though

 

i have cca then sar, now on some of my threads im in limbo, and thinking and reading all about the cpr ruling, its makes sense to me to know what the creditors do have before any court action is done, and im understanding this from this thread, i guess you can only try it with one of your creditors and see what you get and then post here for advice

 

of course we all are trying to make some sense of all this and i do want my life back - i feel though its all im thinking off just lately

 

keep happy all laters angel x

[angel_1]

Hiya all

 

i only use the one below arial in the word document, just for ease when i do my letters and signature,

 

not sure if i now should use the digital signature ?

 

thanks angel x

[angel_1]

hiya AA99

 

i understand where you are coming from i felt like that this week, and have come here and finally could see the wood for the trees so to speak

 

i have deceided today, no longer playing nice person, going to be more assertive in my replies, lets put it this way,,,,more challenging,,,prep for court,,,lol

 

no seriously, without being nasty or sarcastic in our replies, remember the letters could be used as part of our evidence and ive learnt that always be mindful of what a judge will read, so hopefully write only things that will help you long term and always try to come across as being reasonable, very hard to first attempt, but while im tearing my hair out it does get better i promise

 

keep your pecker up and shout out loud when it gets too much,,, my neighbours are now used to me;)

 

laters angel x

[angel_1]

hiya Kraken

 

you are very welcome and thanks for that, but i have to bow to the advice given to me by BRW who has given loads and loads of good advice like many others,

 

but if nothing else ive learnt also to take my emotion away from my letters too, and being mindful of whether a judge will read my letter or not, always point out the law, the facts, and always be truthful - cos judges aint daft and id rather have him or her understanding my points in any court action i face.

 

laters guys angel x

ps i love this site,

[angel_1]

hiya all

 

ive done my first cpr one last week as didnt get any cca only the terms and conditions historic and new,,,,but i noted at the start of the thread to appear to be reasonable,

 

so i think if we have given them at least the 2 x 21 days , then court request to be done surely

 

i am awaiting on the sars so ive given them a bit more, just to appear Resonable,, not that im trying to beat you lol

 

but im guaging it with a responce from the sars too,,

 

fab thread anyway and i think its the way to go i dont have anything else to try so might as well try this, my file is trashed that can wait and be looked at later for now, im being a bit of a niggle,,,

 

laters dudes angel x

[angel_1]

hiya back pmw - well when you put it like that you are also very correct:D

 

whatever we feel happy with i guess,

 

hiya dd

 

ive tried that all this week, its good advice actually, again good advice from others here to type it up,,print it off and amend later and then when you are truely happy can print and sent,,,

 

its only took me all day for a poignant type letter but its ready to go off to po now,,,,

 

lexis and GM,,,,, i just tweeked the letter format etc, but the details are still dynamite,,,lol

 

laters dudes angel x:cool:

[angel_1]

oh yes, guys im sure we will have some snotty replies to boot;-)

 

laters angel x

[angel_1]

hiya all

 

im thinking of doing this now going to my local councillors and giving them each the same info and present my cases and see what reaction i get back from each one,,,,

 

AA99 and if your libdem seems keen, we All can present our cases to him - it may bring some impact on potential voters thinking hey up maybe the alternative is a possible party that actually listens to its people?

 

its going to be an interesting scenario but i feel now my voice needs to be heard and like it or not,,,policitians need to start listening to their voters otherwise, they aint getting no vote of me or my family next time

 

ive tried the cpr letter to bcard totally ignored the first one, so off to do the second one - then come back and revert back here for advice,,,

 

going to update my threads laters all angel x

Edited March 11, 2009 by angel_1

[angel_1]

hiya all

 

just trying to help gary on his thread - he has had a reply from barclaycard which we both think in reflection to the cpr requests he sent

 

would you kindly all take a look and see what actions now needed it looks like a new template letter on its way to all us that have done the cpr requests to barclaycard

 

http://www.consumeractiongroup.co.uk/forum/barclaycard/188960-gary68-barclaycard-new-reply.html

 

many thanks im yet to receive anything yet but lets see if others may have

 

thanks laters angel x:)

[angel_1]

hiya all

 

im awaiting on a creditor to supply cca from my first request via cpr31.16 - from my first letter,,,but of course i will allow the second letter to hit them before i go for the n244,

 

so yes i would want to know too pls dave

 

many thanks angel x

[angel_1]

oh okay thanks dave so in general then, so this newish for me anyway of doing the cpr31.16 may just do the trick, even if i have to do the n244 in the future

 

laters all angel x

[angel_1]

hiya dave i very much appreciate your thoughts on this,,,and im sorry to hear you are not feeling your best,,,,i have a few of those days myself in my own way ,,,,but this is all about self learning and cag has at times lifted me from the ground that its been my inspiration in improving my knowledge over my financial affairs

 

of course there is always a Possible defeat in court, and by the time i hit the court if i ever do, in the meantime i m learning all there is to better my case, better my efforts and bringing my own knowledge to a point that i make any decisions with a clearer head and not that im being forced into any decisions by a creditor because they say so,,,,, i guess this is whats making me stronger and that finally i feel i am in control of my efforts with self knowledge gained each day

 

keep well and take care laters angel x

[angel_1]

Many thanks dave like i said its about self education, and i would rather have the knowledge gained from cag to avoid any pitfalls if i can

 

so yes i will read those threads you have given us all, and i will subscribe too so that they are there to look back to

 

have a good rest of your week

 

take care laters angel x

[angel_1]

hiya

 

its all about delay tactics im sure,,,,,so in your next letter

 

in

Big capital letters,

I must stress this request is NOT made pursuant to section 78 Consumer Credit Act 1974.

Dont think they will miss that hey;)

laters dudes angel x

[angel_1]

hiya all

 

well I for one am truely thankful for the help from cag and this thread opens up your eyes to a lot of more legal avenues

 

just on the question of being reasonable, - ive sent the first letter i actually gave my creditor a bit more than 21 days, they have totally ignored it, now due to helping my friend defend a house eviction, i m looking at sending my second letter to my creditor they have had another 3 weeks after my initial letter date finished, i could in theory give them 21 days now or stick to my original more days....- just thinking im being very very very reaonable before i hit them at court....

 

actually giving them enough rope to shoot them even more in their foot if they dont reply havent I???

 

many thanks laters angel, otherwise ive stuck to the letter you have drafted at the beginining of the thread

 

ready now to send 2nd letter will await your responce,

 

cheers angel x have a sunny day all:)

[angel_1]

hiya all you kind caggers

 

pls take a look at mine and then beachy's thread

 

we had the same letter this past week

 

http://www.consumeractiongroup.co.uk/forum/barclaycard/185297-angel-bcard1.html

 

cheers is in a full responce back for our cpr requests or another tactic?

 

have a sunny day laters angel x

[angel_1]

many thanks Pt.... i and others have had similar letter this week see my earlier post if you had missed it,

 

wondered what your legal mind made of it please if you have a moment spare

 

i appreciate everyones knowledge, thank you all

 

have a sunny weekend laters angel x:)

[angel_1]

hiya all again

 

hiya again diddydicky,,,fab letter will be something i will use today i think once ive found all my paperwork and put in order

 

again i tried to click your scales but i need to spread the reputation around a bit lol

 

but huge thanks again, i applaud your sensible comments thanks

 

laters all angel x;)