HFO/ Turnbull Rutherford and Cabot Financial help needed

[seachan1]

Thank you for that. i just wanted to put my mind at rest. The advice I have been given on here is excellent.

[cerberusalert]

Below is a picture of what you're up against;)

 

[seachan1]

That's a great cartoon. I'm going to have that picture in my head when they next ring up to annoy me. I will smile to myself as I'm saying could you hang on while I press record!

One of the DCA's I am currently dealing with have a policy of not giving out their last names. Unbelievable!

Thanks again

[bazaar]

Cerberus, that is a slight on the ape world, The one in the picture looks far too intelligent to be working for a DCA:D

[JonCris]

Thank you for that. i just wanted to put my mind at rest. The advice I have been given on here is excellent.

 

If you took copies of your correspondence (after Sig) then check any docs sent against them I if the bear to close resemblance they are almost certainly forgeries

[GamekeeperToPoacher]

I am confused about the signature situation.

 

Could we not use a request signature that has never been used on any real document and see what comes back. As an example if my normal signature is Gordon Brown and I sign the CCA request Gordon Stillamoron Brown it would be amusing to have a resultant CCA with the latter sig.

 

Just a thought,

 

GK

[cashins]

As I understand it some caggers have actually done that although I am not aware of the results.

 

Obviously if they do bite, well....

 

David

[fiftypence]

I am confused about the signature situation.

 

Could we not use a request signature that has never been used on any real document and see what comes back. Yes. As an example if my normal signature is Gordon Brown and I sign the CCA request Gordon Stillamoron Brown it would be amusing to have a resultant CCA with the latter sig.

 

Just a thought,

 

GK

 

Nothing stopping you from having a number of signatures, I do. I have one for official docs/cheques and another for general correspondence. I never sign anything send to a DCA but I will in future use one specifically for sending to DCA's (go on DCA, use it if you dare!! )

[seachan1]

Hi guys

I have two DCA's - AIC and HFO - who are chasing my other half. I have taken advice from the forum and have my own DCA's under control but both these two have had CCA requests and continue to call.

We do not mention that we have sent CCA but just refuse to speak to them point blank. AIC are particularly unpleasant though we know that both of them have received the CCA as they were sent recorded and received.

What is the line to take with them? Is is best to just keep playing this no comment game or send another letter reminding them of their obligations. Does anyone have any experience?

 

Thanks

 

Seachan 1

[mr.ton]

I wouldnt even bother playing games with them.

Just refuse to speak to them on phone/dont answer security questions.

Report them both to the OFT & trading standards.

[seachan1]

Thanks Mr. Ton

Will do. I thought as much. Until they actually send an agreement - whether enforceable or otherwise - we are under no obligation to enter into any form of dialogue - including a response to a further letter. Is this the case? And I will recommend that my other half reports them to OFT etc

 

Thanks

 

Seachan 1

[cerberusalert]

If the 12+2 days have passed since they received your request send this;

 

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.

 

 

 

Yours faithfully,

Print name do not sign

[seachan1]

Thanks Cerberuseralert. I/ we will send the letter you have shown. Very good advice

Seachan

[Khadzay]

Hi,

 

Mentioning forged signatures, I CCA RBS, and what they sent back well confirms everything that is written above. They sent me a loan duty check list with my original signature, and the T&Cs there was a signature, but guess what it wasnt mine, I used that "fake signature" when I last corresponded with them, bearing in mind the latter signature contained a scroll of SP, whereas my initials are SI, work that out.

[postggj]

Do Digital Signatures

 

I Had Problems With A Well Known Micky Mouse Car Finance Co,

 

The One I Love To Hate Now

 

They Had No Agreement And One Appeared With A Sig WhicH Looked But Was Not Mine

 

I Spent 250 Quid On A Graphologist Report

 

It Scared The Hell Out Of Them

 

The Rest Is History

 

If You Suspect Underhand Tactics

 

Its Worth Its Weight In Gold

[UnmoderatetheNet]

+ in the event of any court action, the original has to be produced anyway.

 

I thought this was dependant on the judge lottery?

 

Microfiche has been used according to some posts and photocopies are acceptable by some judges.

[postggj]

With Me The Car Finance Co Had So Called Copies

 

The Judge Ordered The Originals To Be Shown

[shinobi101]

Would you not have a have to demand the original regardless of what the judge intended?

 

"Give me a couple of hours and I could produce a better copy than that!";)

[UnmoderatetheNet]

Can you demand to see the original? Doesn't the judge decide this. Isn't that the point. If the judge belioeves your demand is just there to happer the process and eviendence that the debt is owed is already present, it's hard if not impossible to reley on this.

 

From reading posts I really get the impression that Orginal is being worked out of the legal system for obvious reasons, more judges than not now have no interest in originals. A microfiche reader was used in one case, It's a silent victory for the DCA I think.

[seachan1]

I have several old, pre 2005, unresolved cc debts. All have been the subject of cca requests and numerous responses. However, I moved house recently and am about to move again. Pretty soon my trail will go cold and they won't be able to find me for a while. But can they issue court proceedings in the meantime and I know nothing about it? Some thoughts from seasoned experts would be helpful.

Best

[postggj]

Its A Well Known Trick For A Dca To Send A Claim To A Prievious Address

 

Saying That. Its A Last Resort A Dca Doing A Court Calim, They Would Sooner Sell It To A Dca Further Down The Food Chain

 

It Depends On Things Such As

 

Size Of The Debt

Do You Own Your Own Home

 

Is It Worth My While To Issue A Claim

[seachan1]

Hey postggj

Thanks. We are not homeowners which is probably why we have gone so long without court action. But thanks for the advice

Seachan

[noddyaccount]

I have several old, pre 2005, unresolved cc debts. All have been the subject of cca requests and numerous responses. However, I moved house recently and am about to move again. Pretty soon my trail will go cold and they won't be able to find me for a while. But can they issue court proceedings in the meantime and I know nothing about it? Some thoughts from seasoned experts would be helpful.

Best

 

Have you thought about getting your mail redirected by Royal Mail , up to 2 years , that way you can see them but they cannot see you .

[postggj]

message to all

 

if you do an official redirection through royal mail

 

the establishment are informed

 

better doing a keep safe service

[Surfer01]

What is a "keep safe service"?