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    • Hi. I am reading through the full thread and will continue to research. I have come across a reference to a form called N180 DQ in the thread, but I cannot see any reference to this form in my case nor can I see it on the MoneyClaim website. Should I have been sent this form? Thanks 
    • 12mph (beyond any UK limit) will certainly qualify for a Fixed Penalty. So you should received an offer of a FP for each of the remaining two offences. Be sure to submit your licence details as instructed when you accept the offer. If you don't your £100 will be returned to you and the police will prosecute you in court.
    • and it will be also now written off under age related criteria anyway.
    • @dx100ukThanks for this! I'm still not clear if I'm facing more than 6 points on my license though. Can you explain any further please? When I accept the 2nd speeding ticket, will they just charge me £100 and 3 points, or will they be more severe consequences since that offense took place the following day of the 1st offense? Similarly, when I accept the 3rd offense, will they look at my record or just charge me with the £100 fine and 3 points? @Man in the middleI've been searching the forum and you seem very knowledgeable. Would you mind giving a look at my query please? Thanks in advance!!
    • Yes of course. That's why it says cc:: BIg Motoring World at the bottom. Don't imagine that this solves the issue. It doesn't. He not have to force the finance company and big motoring world to accept the rejection to give your money back. I suggest that you get the letter off tomorrow. And let us know what you hear but on Friday you should then send a threat to the finance company.   Have a look what I have said here about your options and read the whole thread as well.  
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    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Photoman V BOS (Robinson Way)


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I've just started a claim against Bank of Scotland / Robinson way.

 

This relates to old loan (from year 2000), which was taken out, went into default, and I've had nothing but grief from Robinson Way and associated others (Wescot etc) ever since.

 

My biggest bone of contention is the fact that despite numerous requests from myself, they have NEVER ever sent me any updates or statements of account; showing what I have paid, what the balances have been, whether any collection charges have ever been added, whether any interest has been added to such etc etc !!

 

Never, Nada, no updates, no statements, and no way for me to measure what I have paid, and where I stand on this.

 

Throughout all this, due to pressure from them, for about the last 2 years, I've been paying a token amount by DD.

 

So decided last month, had enough, so to CCA them...... and I've also stopped the DD !!

 

Sent the CCA (I'l post up in next post), and included a £1 postal order.

 

Received back a letter last week, with the £1 postal order back, and a comp slip that simply stated they will be writing separately.

 

Got the second letter today.

 

Simply states that they are looking for the agreement, and in the meantime, the account has been temporarily put on delay?

 

Will be interesting to see what happens next ?

 

By most accounts, and reading what I have seen here, the next letter will be something along the lines of "... we have not yet found your agreement, but when we do we will then be enforcing it, and will expect full repayment back of the whole amount.... but in the meantime, we can offer you a full and final settlement figure of £xxx"

 

Yeah, sure.... I'm really gonna fall for that one !!

 

 

So without the agreement, I will not be paying a penny more.

 

Plus, what, they don't realise, is that I DO have a copy of the agreement....... and have determined that under the CCA it breaks at least 3 statutory rules in the manner it is laid out.

It is a multiple agreement for starters, and does not have the properly prescribed terms for each of the multiple parts.

It does not give any options for the PPI, which is just lumped in.

 

.... plus of course, my own copy, does not have my signature on it, and I doubt the original does either (if it even exists).

 

So, even if they find the original, it is not enforceable.

 

Plus if they try to bungle together something, I have an original to compare it to ...... and if a comp job, then it's gonna be a Fraud case !!

 

I am also contemplating claiming back all the payments that I have actually made throughout the term.

This would be under the contention that the agreement was improperly executed, and so unenforceable. Therefore any payments I have actually made, were only due to their claims that I was contractually obliged to make them..... which is of course mistaken !!

Therefore, payments I made due to their various pressures to pay, whilst they were citing and relying upon an invalid agreement.... were made in mistake.

So then it will be a case of considering a claim for restitution of my subsequent losses, and ALSO their own subsequent gains, based upon the laws of restitution and payments made under mistake (a la Sempra etc).

 

 

So, lets just see what they come up with next ??

 

PM

All opinions and advice I offer are purely my own, and are offered without any liability. If unsure seek the help of a licensed professional

...just because something's in print doesn't mean its true.... just look at you Banks T&C's for example !

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Robinson, Way & Company limited
London

Scottish House


Quays Reach
Carolina way

Salford
M50 2ZY

 

 



Request for information under section 77 of the Consumer Credit Act 1974





Dear Sir/Madam

 

Re:− Account/Reference Number: XXXXXXXXXX

 

With reference to the above agreement, I would be grateful if you would send me a true copy of this particular credit agreement.

 

I understand that under the Consumer Credit Act 1974 (Section 77), I am entitled to receive a true and legible copy of my credit agreement (containing all the required prescribed terms) on request.


I enclose a payment of £1.00 which represents the statutory fee payable under section 77 of the Consumer Credit Act.

 

This sum is not to be assigned or used for any other purpose.

 

I also understand a true copy of my credit agreement must under such statute be supplied within 12 working days.

 

Should you fail to provide the agreement then under the Consumer Credit Act you will be unable to enforce any such agreement, or be entitled to any further payments whilst you continue to fail to comply with this request.

 

If it is your view that you are not the creditor, s.175 of the CCA 1974 applies in the case of a simple assignment, and places a duty upon you to pass this request to the creditor.

 

In the case of an absolute assignment, you are a creditor as defined by s.189. If you contend that you purchased the rights but not the duties of any agreement, you are reminded that s.189 of the Act is clear that an assignment is of both rights and duties.

 

Your attention is also drawn to ss.5(2), 3(b),6 and 7 of the Consumer Protection from Unfair Trading Regulations 2008 (CPUTR).

 

I look forward to hearing from you.

 

Yours faithfully

 

 

XXXXXXX

All opinions and advice I offer are purely my own, and are offered without any liability. If unsure seek the help of a licensed professional

...just because something's in print doesn't mean its true.... just look at you Banks T&C's for example !

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If the CCA request has gone past the 12+2 days (working days, should be fair and not include bank holidays) then they've failed to comply with your letter.

 

Send them a copy of the letter IdaInFife poasted here: http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/172071-letter-co-solicitors.html#post1856406 - that should tell them where they stand. :grin:

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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If the CCA request has gone past the 12+2 days (working days, should be fair and not include bank holidays) then they've failed to comply with your letter.

 

Send them a copy of the letter IdaInFife poasted here: http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/172071-letter-co-solicitors.html#post1856406 - that should tell them where they stand. :grin:

 

 

Thanks, have looked at that letter before.

 

Have been spending my 12 days composing my own "CCA compliance default letter" (gleaned from bits here and there, including the link you've posted) ..... and have a real cracker up my sleeve.

 

PM

All opinions and advice I offer are purely my own, and are offered without any liability. If unsure seek the help of a licensed professional

...just because something's in print doesn't mean its true.... just look at you Banks T&C's for example !

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...composing my own "CCA compliance default letter"...

Just be sure that you've not missed anything or said anything you shouldn't - they can be as quick to pick up on unenforceable documents too...

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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  • 2 weeks later...

Still nothing.

 

Doubt they have anything (or their team of elves have not yet been able to copy and paste up something resembling it).

 

Have stopped making any payments, and not heard any complaints from them about this.

 

Not paying a penny more to them in absence of an agreement.

 

Even if they do manage to produce an actual copy, then I shall contest it's compliance with the CCA, and have it declared unenforceable.

 

If on the other hand they bodge something together.... then its' a fraud case.

 

PM

All opinions and advice I offer are purely my own, and are offered without any liability. If unsure seek the help of a licensed professional

...just because something's in print doesn't mean its true.... just look at you Banks T&C's for example !

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I sent them a cca request in March 08 for a Cap 1 cc. It took ages for them to send me a single side copy of my application form with no prescribed terms on. I SAR'd Cap 1 and they only had the same. Robbers sent me a letter in AUgust saying they couldn't get a copy of the agreement yet last week the calls started asking why I won't pay. I am enjoying the DCA baiting again. They range from collectors that have no clue that you can easily confuse with the mere mention of CCA 1974 through to hard core collectors that get into a rant when you just repeat 'take me to court' over and over.

 

They sent a letter saying someone was coming to see me this week, so they got one back saying please could they let me know when as after 500 miles driving I would hate me not to be in to explain how the CCA 1974 really works!

 

Suitable 'dear moron' letters sent but the fun continues!!!

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  • 2 months later...

UPDATE:

 

Not a peep from them for 3 months.

 

The name of the creditor that last appeared on correspondence from them was "Chester loans".

So I was interested to find out who these were, i.e. had BOS sold my debt on.

Made an anonymous call to Robinson Way, and determined that Chester Loans is actually just a division of BOS, so no impropriety with regards selling the the debt on, failing with notification of assignment etc.

 

To clarify my position here. I have no received a copy of agreement under my CCA request, and in any case if they do send one, I have determined that the agreement breaks several statutory rules in the manner it is executed and is unenforceable anyhow.

 

However, today (after 3 months) received a letter from IQOR (proudly stating this is the new name for "legal & Trade".... as if I care).

 

This is a demand for the full sum, along with all the usual threats of court action, defaults, doorstep visits etc etc.

 

It also states that the creditor is now someone called Capital Bank ???

 

So:

Going to write a letter:

1/ Categorically stating that I do not acknowledge any debt to them.

2/ That while the debt is in dispute they had no right to assign it to any other party.

3/ That the creditor has not supplied me with anything in response to my CCA request.

4/ That they have no rights to enforce the debt without a copy of the CCA.

5/ That I will not entertain any doorstep visits.

 

etc etc

 

Any guidelines or suggestions anyone ?

 

PM

All opinions and advice I offer are purely my own, and are offered without any liability. If unsure seek the help of a licensed professional

...just because something's in print doesn't mean its true.... just look at you Banks T&C's for example !

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U sound like U have a preference account from BOS. This is exactly what happened to mu OH's account. Although we had to deal with Rockwell first. When it got to Iqor they had changed it to Capital Bank as well. We just resent a CCA request to Iqor. We never heard anymore. ( over 8 months now). I guess that this is what will hppen to you.

hope this helps

 

Willow x

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Thanks to you both.

 

Going to send off a letter to IQOR once more requesting the agreement, and putting the account in dispute (with all the usual about not being entitled to take any enforcement actions whilst in dispute etc).

 

PM

All opinions and advice I offer are purely my own, and are offered without any liability. If unsure seek the help of a licensed professional

...just because something's in print doesn't mean its true.... just look at you Banks T&C's for example !

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  • 2 weeks later...

Update.

 

Responded to IQOR on 08/04 with the following, and not yet heard back from them:

 

 

 

Account number: XXXXXXX

YOUR REF: XXXXXXXXX

 

NOTIFICATION OF ACCOUNT IN DISPUTE

 

Dear Sir or Madam,

I do not acknowledge any debt to yourselves nor to any client you are claiming on behalf.

As such I am formally declaring that any account relating to such claims is in dispute.

In such circumstances may I remind you:

1/ That you are not entitled to enforce any such sums nor be entitled to any payments.

2/ Any further or renewed attempts at collection or legal enforcement will be challenged as unenforceable, and also considered as harassment. If you or your client persist, then I will commence legal actions through the courts to prevent such harassment, along also with a claim for damages and compensation.

3/ Such actions would also be reported to the relevant authorities, including ; Trading Standards, Office of Fair Trade (OFT), Information Commissioners Office (ICO), 
Financial Services Authority (FSA), and the Financial Ombudsman Service (FOS).


 

Background:

I have previously corresponded with your client through their then agents Robinson Way & Co.

On 08/12/08 I made a formal request for a true signed copy of the agreement regards the above account under s77 of the Consumer Credit Act 1974.

In this letter I also stated that under either s.175 (simple assignment) or or s.189 (total assignment) of the CCA 1974 they also had an obligation to pass the request on to their client.

They responded on 30/12/08 stating that they had requested such document, and that this account had been placed on temporary delay pending any anticipated receipt of such document.

On 11/03/09 I received a further letter from Robinson Way & Co stating that the account had now been passed back to their client.

Their (and now your) client has since failed to provide the requested information, and as more than four months have since passed your client is now also committing an offence.

Whilst this situation remains so, under section 77 (4) of the Consumer Credit Act 1974 you and your client are not entitled to enforce any such supposed debt, nor be entitled to any payments. Furthermore, your client is also now committing an offence.

 

Section 77(4) of the CCA74 states:

If the creditor under an agreement fails to comply with Subsection (1)

He is not entitled, while the default continues, to enforce the agreement;
 and

If the default continues for one month he commits an offence.

 

Your present actions now amount to an offence.

Under the OFT’s Debt collection guidance (final guidance on unfair business practices of July 2003) this means your clients suitability to hold a consumer credit licence is also questionable. If your client persists with similar actions (either through yourselves or any other means) I will report all parties to the relevant authorities, so that my complaint is on formal record for consideration for when renewing or revoking their license.

 

The relevant guidance states:

1.1 The Office of Fair Trading (OFT) has a duty under the Consumer Credit Act 1974

to ensure that licenses are only given to and retained by those who are fit to hold them. The Act provides that the OFT take into account any circumstances which appear to be relevant and in particular any evidence that an applicant, licensee, or their employees, agents or business associates, past or present, have:

* committed offences involving fraud, or other dishonesty or violence

* failed to comply with the requirements of credit or other consumer legislation

* practised discrimination in connection with their business

* engaged in business practices appearing to us to be deceitful, oppressive or otherwise unfair or improper (whether unlawful or not).



 

Under section 1.2 of the same guidance.

1.2 Where the OFT has evidence we can take action to refuse or revoke the credit licenses of those concerned. ...

 

Furthermore, please also consider this letter as statutory notice under section 10 of the Data Protection Act. In the absence of any valid agreement, you, along with your client, and any other third parties (including but not limited to any credit reference agencies) must also cease processing any data in relation to this account with immediate effect. .

Should you refuse to comply, then you must within 14 days provide me with your reasoning for continuing to process my personal data, stating any legal basis you may actually have, and also which parts of which statutory legislation this reasoning depends.


If you fail to provide just lawful cause for continued processing of this data, or I disagree with your claims, then I shall file complaints with the appropriate authorities, and initiate a court action to get compliance, along also with a claim for damages and/or compensation.

 

In Summary:

 

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

 

You may not take any enforcement actions regards such account.

 

You may not issue any default notice related to the account.

 

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

 

You may not pass the account to a third party.

 

You must remove anything that may already be recorded, and may also not register any further information in respect of the account with any third party or credit reference agency.


 

 

Yours faithfully




 

XXXX XXXXX

NB: Should you intend to arrange or instruct anyone to visit myself with regards this matter, please be advised that under OFT rules, you can only visit me at my home if you make an appointment, and I have no wish to make any appointment with you.



If your representatives persist in trying to visit me at my property you will also be in breach of the law and actions will be taken, including a call for police attendance. 
You will then also be held liable to civil actions for damages due to a tort of trespass.

All opinions and advice I offer are purely my own, and are offered without any liability. If unsure seek the help of a licensed professional

...just because something's in print doesn't mean its true.... just look at you Banks T&C's for example !

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Hi all,

 

Okay, received a bog standard "we will take you to court unless you pay the full amount by such a date" reply.

 

As I now have written notification of their intent to start proceedings this allows me to make a CPR 31 request for information, and I may also do a SAR.

 

The last letter I received was from a DCA called IQOR, who are purportedly acting on behalf of their client "Cheshire loans".

 

The original agreement was with BOS, and I've never received notification of assignment to Cheshire loans, but I gather that Cheshire loans are just another division of BOS, so don't know how this sits with lack of assignment notice etc ?

 

Anyhow, my question now is who do I issue with the CPR 31 and the SAR ?

 

BOS, Cheshire loans, or IQOR ?

 

Or all three ?

 

I would like to get any agreements they may have, along with all and any information pertaining to this account as possible.

 

My instinct is to issue it to IQOR, and to mention the CCA74 sections regards their obligations under either simple or full assignment.

 

Any thoughts ?

 

PM

All opinions and advice I offer are purely my own, and are offered without any liability. If unsure seek the help of a licensed professional

...just because something's in print doesn't mean its true.... just look at you Banks T&C's for example !

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Decided to fire this off to IQOR.

 

Feel free if anyone else wishes to use it ?

 

 

 

 

DATE: 20/04/09

Your reference: XXXXXX

 

REQUEST FOR INFORMATION UNDER CPR 31.16

 

Dear Sir/ Madam,

I recently received notification from yourselves that you intend to issue court proceedings regards the above case reference if I did not pay the sums you are demanding by XX/XX/XX.

 

As your letter sets out your intent to start proceedings, along with the fact that your client has failed to respond to my request of XX/XX/XX for a copy the original agreement (made under section 77 of the Consumer Credit Act 1974) this satisfies all the conditions for me to acquire a court order (under CPR: 31 .16) to enforce your compliance.*

 

I shall now give you a further 14 days in which to comply with my request.

 

If you do not provide the requested information then I shall immediately make an application to the court for an order to force compliance along also with a claim for costs and damages.

 

You may only avoid such an application to the courts by doing one of the following:

 

1/ Within 14 days, comply with my section 77 request by providing a true and legible copy of the agreement, taken from the original, and verified as being authentic by a duly authorised person.** or,


 

2/ Provide me with written confirmation:


 i/ That no further attempts to enforce or collect (either wholly or partly) any such sums will ever again be attempted (either by yourselves, your client or any other party).


ii/ Any information regards such matter, or any other personal information pertaining to myself will nevermore be shared with any other party, and that anything already shared will be removed or retracted.

 

 

Yours Faithfully

 

 

XXXXX XXXXX

 

 

 

* If it is your view that you (or your client) are not the creditor, s.175 of the CCA 1974 applies in the case of a simple assignment, and places a duty upon you to pass this request to the actual creditor. 
In the case of an absolute assignment, you (or your client) are a creditor as defined by s.189. 
If you contend that you (or your client) purchased the rights but not the duties of any agreement, you are reminded that s.189 of the Act is clear that an assignment is of both rights and duties.

 

** I must remind you that under CPR 31.23, proceedings for contempt of court may be brought against a person if he makes, or causes to be made, a false disclosure statement, without an honest belief in its truth.

All opinions and advice I offer are purely my own, and are offered without any liability. If unsure seek the help of a licensed professional

...just because something's in print doesn't mean its true.... just look at you Banks T&C's for example !

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Despite my having already informed them of a change of address, the last letter I got was actually sent to my previous address, and it is only because I still have a good relationship with one the neighbours that I managed to get it.

 

So, today it dawned on me that they may try to file a claim against me at my old address (either accidentally or accidentally on purpose to avoid CPR rules), and then go for a default judgement due to not receiving an acknowledgment of service, reply or defence from me !!

 

 

So I decided to call them..... but ONLY to inform them that they must amend any address details they have, and not correspond with me otherwise.

 

I was determined not to get sidetracked or coerced into discussing anything else about the matter, so decided to plan out exactly what I wanted to say in advance.....

 

 

 

 

Here's a rough transcript of the conversation.

 

 

Chirpy little voice answered.

 

Them: Hello, this is IQOR, can I have your reference number please.

 

Me: Yes. Can I just ask if this conversation is being recorded.

 

Them: Yes.

 

Okay, I'd just like to verify that I'm recording this call too. Can I ask who I'm speaking too.

 

Them: Your through to IQOR recovery services.

 

 

Me: Yes, Who am I speaking too? Who is the person I am speaking to?

 

Them: My name is XXXXXX

 

Me: XXXXXX.... , what's your full name XXXXXX?

 

Them: I don't actually give my surname out.

 

Me: Okay, Could I have your badge number, or your ID, or position or extension number.

 

Them: We don't actually have any reference numbers like that or extension numbers.

 

Me: Okay, are the only XXXXXX that works for the company?

 

Them: Yes.

 

 

Me: Okay, for the record, as this call's being recorded, I'd just like to verify that at XX.XXpm on 20th April 2009 this calls being recorded, and as such I may request a transcript of this conversation.

 

Okay, First of all , this is XXXXX XXXXX here

 

I've got a reference number

 

Them: Yep.

 

Me: it's XXXXXXXXX.

 

Them: Could you just verify the first line of your address and your post-code please ?

 

Me: Okay, this is what I need to verify with you, the first line of my address is XX XXXXXX XXXX, and the post-code is XX XXX

 

.....which address do you have on record ?

 

Them: I've got a different address.

 

Me: okay, On XX/XX/XX I wrote to yourselves and informed you of my change of address.

This letter was sent by recorded delivery, and confirmed by Royal Mail as having been received by yourselves on XX/XX/XX.

 

Them: Yes we can confirm we received the letter, and it has been passed onto our complaints dept, to be dealt with by a XXXXXXX XXXXXXX.

 

 

Me: Okay, In such letter, amongst other matters, I very clearly stated at the head of the page my correct change of address and also a note that you should take notice of such.

You must also consider this phone call as further notification of my correct address.

 

....... Okay, can you please verify whether or not proceedings have actually commenced regards this matter?

 

 

Them: No, proceedings have not yet commenced.

 

Me: Okay, should you commence proceedings and persist in using my old address, due to the written and verbal notifications you have now received, then such persistence to use my old address would mean that you have NOT complied with Court Procedure Rules practice direction 6.6 part 2.

 

(at this point her voice went a bit shaky, as she suddenly realised she was dealing with someone who actually had some understanding of CPR, and was not just dealing with some mug that she could coerce into making any admissions or arrangements to make payment)

 

Me: As such, now that you have been properly informed of my correct address, then any attempts by you to obtain a default judgement under Court Procedure rules section CPR12, will be set aside under CPR 13.2 due to your failure to properly serve any claim to me at my correct address.

I will then also commence proceedings for damages and compensation.

 

Them: Erm, yes....

 

(more shaky voice).

 

Me: Furthermore, as I dispute the sums you are claiming, you may not presently submit or share any information regards this account or claim with any third party (including but not restricted to any credit reference agency).

 

Them: (basically then confirmed that no information had at that point been shared with any third party).

 

Me: Please, take note, that I have recently checked my credit reports, and which did not at such time contain any reference to such disputed sums.

 

Should you now file or share any information regards this disputed sum, or indeed any of my personal information with any third party, you will be in breach of CPR rules and also the Data Protection act.

I would then commence proceedings for an enforcement order for removal of such information, including a claim for damages and compensation.

 

 

Then, I once more requested that they confirm the correct address they hold on record for me, which I which was still wrong, so I spelt it out and re-iterated that it must be changed on their system.

 

 

 

We both confirmed this, and in a pleasant voice then I wished her a good afternoon.

 

 

.... I think she was quite relived that I'd decided to end the conversation there !!

 

 

 

 

 

If the call centre worker had interrupted me or tried to steer the conversation onto other matters, I had already prepared and was simply going to state the following,

 

I WILL NOT DISCUSS THIS MATTER ANY FURTHER WITH YOURSELVES OTHER THAN TO CLARIFY THE POINTS I HAVE ALREADY MADE.

 

 

In the circumstance, I did not need to use it, as the poor dear did sounded a bit taken back, and not actually know what to say (I actually felt a bit sorry for her), and she obviously knew she was not in any position to start making any demands or try to steer the conversation onto a trying to get any arrangements or admissions.

All opinions and advice I offer are purely my own, and are offered without any liability. If unsure seek the help of a licensed professional

...just because something's in print doesn't mean its true.... just look at you Banks T&C's for example !

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  • 1 month later...

Received a rather smug "Here is a copy of your agreement, we now consider this matter as resolved, so please now contact us telling us how you wish to pay" letter from IQOR.

 

It did indeed contain an actual photocopy of the original agreement....... which is of course an improperly executed one, as I've posted earlier.

 

 

So, decided to rain on their parade with the following letter:

 

 

Dear Ms XXXXXX,

Thank you for your recent correspondence, and the enclosed documents.

 

I assert that neither you or your client have any legal grounds to claim the sums you have mentioned in your letter of 11/06/09 (or in fact any other sum). My assertion is supported by the fact that no legally enforceable document actually exists which could possibly give you any basis for such claims.

The only document you have provided which may have possibly given rise to any legal basis for claim, does not actually comply with relevant statutory law, so is an improperly executed agreement, and as such it is irredeemably unenforceable.

 

The basis in law for my contentions regards such document are as thus:

 

The agreement contains various sums, which by the definitions contained in sections 11,12 & 13 of the Consumer Credit Act 1974 (CCA74) fall into distinctly separate categories of credit.
This means the agreement is in clearly definable parts, with each constituting a distinct and separate agreement, and making the whole a “multiple agreement” by definition of section 18 of the CCA74. 


In such circumstances, each separate part agreement is then required by law to have its’ own totals, schedules and terms, in order to conform with the requirements of section 60 the CCA74 (in the manner and format prescribed by schedule 6 of the Consumer Credit (agreements) Regulations 1983). 


As the document provided fails to correctly set matters out in accordance with the above Act and regulations, then it fails to satisfy the requirements of section 61(1)(a) of the CCA74, i.e. the existence of a document in the prescribed form signed by both parties.


Therefore, the agreement is improperly executed, and as a consequence could only possibly be enforced on an order of a court (section 65(1) of the CCA74). 


Further to this, section 127(3) of the CCA74 determines that a court shall not make any enforcement order applied for under section 65(1) if section 61(1)(a) was not complied with, unless another document complying with regulations under section 60(1), (and itself containing all the prescribed terms of the agreement) was signed by both parties. As this was not the case, then I contend section 61(1)(a) was not complied with, thus invoking section 127(3), and making the document irredeemably unenforceable.

 

Should you still decide to pursue this matter through the courts; I contend that you would only find that the document upon which your claim relies cannot be enforced, and this could only possibly lead to any such claim being automatically struck out, along with the attendant costs implications.


 

I also note your points regards your companies practice of operating home visits.
You presently have no legal basis to continue to pursue or attempt to collect any sums associated with such claims, and under both common law and OFT’ rules no legal right to visit me at my home. 
Any escalation by yourselves (or any third party acting under either you or your clients instruction) in any form of collection or pursuit activity, will be considered as harassment, and duly reported to the appropriate authorities, and also if necessary countered through the courts.

 

Yours Sincerely

 

Photoman

All opinions and advice I offer are purely my own, and are offered without any liability. If unsure seek the help of a licensed professional

...just because something's in print doesn't mean its true.... just look at you Banks T&C's for example !

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Just received back a reply from IQOR.

 

To paraphrase:

 

Dear Mr XXXXXXXX

 

Thank you for your letter dated 18/06/09

 

Having reviewed our files we note that we have recently closed the above mentioned account in your name, and returned control to HBOS. We understand that our client will contact you directly regarding this matter.

 

Please be assured that we had no intention of causing you any upset in our attempts to contact you to discuss repayment of the above account.

 

IQOR has acted in good faith and on our clients instructions in our attempts to collect the balance that our client believes outstanding.

 

Please be advised that IQOR is no longer instructed to to act on behalf of our client in this matter.

 

We trust that this matter is now resolved, however should you wish to discuss the matter further we respectfully suggest that you contact the client directly.

 

Yours sincerely

 

Pontius Pilate *

 

 

 

 

* ie: We don't really understand the contents of your last letter, but you do actually seem to know what your on about, and may actually have a good case ! :confused:

So, any whiff of the prospect that you could win this one, may report us, or could even start counter litigation for harassment, and we're handing this particular "hot potato" straight back to our client !!! :eek:

 

Will now be interesting to see whether HBOS do actually contact me direct, or if they hand it to someone else etc, and how whoever then respond to my contentions. :rolleyes:

 

 

 

PM

All opinions and advice I offer are purely my own, and are offered without any liability. If unsure seek the help of a licensed professional

...just because something's in print doesn't mean its true.... just look at you Banks T&C's for example !

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Also interesting to note, based upon postage time, that their reply must have bee drafted within record time of getting my letter !!

 

They really want nothing more to do with this one !!

All opinions and advice I offer are purely my own, and are offered without any liability. If unsure seek the help of a licensed professional

...just because something's in print doesn't mean its true.... just look at you Banks T&C's for example !

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