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    • Ah I see what you mean. That is unfortunate, but guess there's little I can do then. Thanks very much for your help!
    • OK I sent CCA request on Monday 7/6 recorded delivery with a postal order uncrossed with £1 stating on the back that it didn't go towards any alleged debt.   Wednesday 9/6, received the postal order back from Arrow with a cover letter saying they no longer charge a fee and 'we will respond as soon as we can'   Then on Friday 11/6 morning a letter dated the 10th (they said if we didn't hear back from you by the 11th) I got a letter of claim from Drydens saying 'if you do not provide proposals to repay, legal action may be issued in the county court'.  Along with 'you have 30 days to respond'. Attached is a printout of an income and expenditure sheet.
    • Your attachment was viewable in your first post.   Does the issue you mention with the wallpaper/slight stain really constitute a breach ?  Is it significant enough ?   The wallpaper was probably applied before the wall was properly dry.  But the other possibility, is that the tenants did not open windows regularly to ventilate the room.  It is important for windows to be opened or put into a vent position on a regular basis, to ensure that moisture is allowed out.   If the tenant had clothes drying in the house, with baths/showers being used etc, this may have helped cause the wallpaper peeling  and the damp stain.   Today has been a lovely Summer day in many parts of the UK, so the tenants may not be as quick to respond.  Same issue with replies to this site, so you might get other responses later.   The tenant is unlikely to try to pursue you for the matress or health issue they say is caused by a damp issue.  Unlikely to have sufficient evidence and their own actions may be the cause.   They are most likely deciding whether to complete work in the garden or not.   You are within your rights to hold onto the deposit for now, until the reasonable request to return property to pre let condition is completed.    
    • Oh Yorky, I'm so sorry you're still having trouble with your dad's hospital.   I can't believe they are still being so awkward, I sometimes think they (companies in general, not just hospitals) forget that we put ourselves through this stress and worry not because we want to, or even because we have to, but because we want what's best for our loved ones.   Their advice for you to deliver the form in person is at odds with the advice on their own website stating that visits have been suspended due to Covid. I mean, I would understand if someone wanted you to drop off clothes for your dad, but a piece of paper? Which could end up anywhere? That's... crazy.   I don't know if the following link is worth a try or whether you've been down this road, but the hospital website has details of all the consultants Consultants | North Tees and Hartlepool NHS Foundation Trust WWW.NTH.NHS.UK If you want to find out details of our hospital consultants and contact information you can search for them in our A-Z. obviously you'll know your dad's consultant name, but the phone numbers on there, are they ward ones that you've tried before or do they look different?   That said, even if you are more successful with that, definitely still get PALS and as much senior management on board as you can with a formal complaint. You shouldn't have to go to such lengths to get hold of the right people and for the right information, especially at such a stressful time.   You point out that you remember you're doing this for your brother and your dad, which is the best approach. I'm sure they, in their own way, know that you are pushing yourself and pushing the hospital for an outcome as you are is because of them.   I know it's easy for someone on the internet to say "look after yourself", "do this to help with stress" etc, but if you do feel you need extra help with dealing with your stress/worry, please don't be afraid to seek help from a doctor yourself. A "well" you is the best sort of support for your dad and brother.   I wish I could offer more support and I'm sure that if anyone else of the CAG community has any other suggestions, I'm sure they will come here and let you know.  
    • Ok update.  I have spent the last week or two, trying to get help from the Staff Nurses and Matron, regarding the Consultant or someone to have my dads lack of capacity documented, either their own paperwork or me sending COP3. I   they have informed the consultant looking after my dad, who at this moment is sounding very ill, with medical issues on top of delirium and confusion, he is apparently having blood transfusion bag things. not eating and drinking. I have even spoken to the consultants secretary to explain the urgent matter and to have the consultant contact over the last few days WITHOUT SUCCESS, conversion ended today with its a legal form can I take it into hospital personally, er..I dont drive and Im in Northampton, Hospital is Stockton on Tees.    the nurses cant help need to speak to consultant!!!!!!! conversation ended with well I will complain to PALS, GMC secretary of Health or whoever......reply was looks like it then?   I have just compiled a 3 page letter [well e mail one] sent to PALS, I will follow up with a written one and to whoever else I can contact.   I need this medical form before I can do anything else with court or appointee   anyone have any ideas cos Im now at my gasping point, wondering why the hell am I taking on all this stress and worry, then I think of my younger brother, and that reminds me why I am doing it and doing it for.
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Choice catalogue. Chasing arrears and more charges.


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Been struggling making payment to Choice due to redundancy. Offered a payment but they advised need to wait until payment is missed then ring to arrange.

They now send a letter stating account in arrears and they have tried numerous times to contact me. Adding £12 admin fee due to substantial effort in trying to make contact.

 

Can i CCA them and what template would i use?

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Hi,

 

When did you open the account ?

 

Letter 'N' in the library is the CCA request.......

 

http://www.consumeractiongroup.co.uk/forum/general-debt-issues/20758-creditors-dcas-letter-templates.html

 

Send recorded, with a £1 postal order and don't sign it.

 

Regards.

 

Scott.

 
 

Any advice I give is honest and in good faith.:)

If in doubt, you should seek the opinion of a Qualified Professional.

If you can, please donate to this site.

Help keep it up and active, helping people like you.

If you no longer require help, please do what you can to help others

RIP: Rooster-UK - MARTIN3030 - cerberusalert

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Hi,

 

When did you open the account ?

 

Letter 'N' in the library is the CCA request.......

 

http://www.consumeractiongroup.co.uk/forum/general-debt-issues/20758-creditors-dcas-letter-templates.html

 

Send recorded, with a £1 postal order and don't sign it.

 

Regards.

 

Scott.

 

Think it's about nine years ago.

Thanks

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Hi,

 

If they come up with an enforceable agreement, re-claim any charges.

 

Regards.

 

Scott.

 
 

Any advice I give is honest and in good faith.:)

If in doubt, you should seek the opinion of a Qualified Professional.

If you can, please donate to this site.

Help keep it up and active, helping people like you.

If you no longer require help, please do what you can to help others

RIP: Rooster-UK - MARTIN3030 - cerberusalert

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  • 2 weeks later...
Hi,

 

If they come up with an enforceable agreement, re-claim any charges.

 

Regards.

 

Scott.

 

Received this letter today with a couple of unsigned T'cs and C's attached.

 

choice

 

 

Dear

We refer to a recent request for a copy of your agreement.

Unfortunately we are unable to locate a copy of an executed agreement, but for your information we enclose a copy of the current agreement which applied to this type of account. This version includes all contractual variations which have taken place.

According to our records, the account was opened on 06/04/1999. You agreed to make payments every 28 days.

The outstanding balance is currently £****. Our records show that £**** in payments have been made within the last 12 months.

In accordance with the terms of the catalogue statements are issued every 28 days.

If a third party is acting for you, please pass a copy of this letter to your representative.

Yours Sincerely

MARK WARBURTON Admin Support Team

Choice

Innovation House Park Lane Liverpool L71 1LR ÈÕÖ¾ - ´ó¹ú²©¿Í

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Received this letter today with a couple of unsigned T'cs and C's attached.

 

choice

 

 

Dear

We refer to a recent request for a copy of your agreement.

Unfortunately we are unable to locate a copy of an executed agreement, but for your information we enclose a copy of the current agreement which applied to this type of account. This version includes all contractual variations which have taken place.

According to our records, the account was opened on 06/04/1999. You agreed to make payments every 28 days.

The outstanding balance is currently £****. Our records show that £**** in payments have been made within the last 12 months.

In accordance with the terms of the catalogue statements are issued every 28 days.

If a third party is acting for you, please pass a copy of this letter to your representative.

Yours Sincerely

MARK WARBURTON Admin Support Team

Choice

Innovation House Park Lane Liverpool L71 1LR ÈÕÖ¾ - ´ó¹ú²©¿Í

[/color]

 

 

Good news ! They have admitted they don't hve a signed agreement. Keep that letter safe.

 

Now send the account in dispute letter.

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Good news ! They have admitted they don't hve a signed agreement. Keep that letter safe.

 

Now send the account in dispute letter.

 

Is there a standard letter or is there one specifically aimed at catalogue companies?

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Is there a standard letter or is there one specifically aimed at catalogue companies?

 

Just the standard one.

 

Account In Dispute

 

Ref:

 

Dear Sir/Madam

 

On xx/xx/2009 I made a formal lawful 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 xx/xx/2009.

 

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 would appreciate your due diligence in this matter.

 

I look forward to hearing from you in writing.

 

Yours faithfully

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  • 2 weeks later...
Just the standard one.

 

Just received this from choice, this is after sending the account in dispute letter. By the way they have not made any contact despite what they are saying and adding more interest. What do i do next as the account is supposed to be in dispute?

 

 

 

Arrears Collection Department

Aintree Innovation Centre, Park Lane, Netherton, Bootle L30 1SL

Payment Helpline

0844 822 4707

Opening hours:

Monday - Friday Sam - 9pm

Saturday 8am -9pm

Sunday 10am -4pm

 

Date 1 5th May 2009

Brand: Choice

Account No: Our reference:

YOUR ACCOUNT IS IN ARREARS

Dear Mrs Jk

I have attempted to contact you on several different occasions about the arrears on your account. The requested payment is now seriously overdue.

You must contact me immediately as It is essential that you make a payment on your account to prevent any further action. You can pay by credit or debit card over the phone on 0844 81 1 8504. Alternatively, you can pay at any Paypoint or Post Office using the barcoded giro slip below.

As a result we have applied a £12 administration fee on your account due to the substantial amount of effort I have made in trying to contact you.

Yours sincerely, Arrears Manager

Shop Direct Financial Services Limited

Registered Office: Aintree Innovation Centre, Park Lane, Netherton, Bootle L30 1SL Registered Number: 04730706

Authorised and regulated by the Financial Services Authority in respect of arranging insurance products.

Calls made from BT landlines will cost no more than 5p per minute. Charges will vary for calls made via other service providers.

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Hi,

 

If they come up with an enforceable agreement, re-claim any charges.

 

Regards.

 

Scott.

 

Any idea on what i should do with the latest response?

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If you have posted the 'dispute letter' then really you don't even need to respond. Don't worry about the interest and charges as they can never collect it without a cca and they have already stated they don't have one and that statement was binding under s172 cca1974.

 

If you feel you must respond send the 'dispute' letter again.

 

You will get used to these sending letters. They can never act upon them.

Edited by Nagasis
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If you have posted the 'dispute letter' then really you don't even need to respond. Don't worry about the interest and charges as they can never collect it without a cca and they have already stated they don't have one and that statement was binding under s172 cca1974.

 

If you feel you must respond send the 'dispute' letter again.

 

You will get used to these sending letters. They can never act upon them.

 

Thanks, they have had enough letters. I will file them and ignore.

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  • 2 weeks later...
Thanks, they have had enough letters. I will file them and ignore.

 

 

Received another letter from Shop Direct. Think it's good news. letter confirms that no further action will be taken to recover any outstanding debt. This could be my first success.

 

Thanks everyone for your assistance.

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Sounds good, Hitchy.

 

Could you post up the letter, removing any personal details ?

 

Regards.

 

Scott.

 
 

Any advice I give is honest and in good faith.:)

If in doubt, you should seek the opinion of a Qualified Professional.

If you can, please donate to this site.

Help keep it up and active, helping people like you.

If you no longer require help, please do what you can to help others

RIP: Rooster-UK - MARTIN3030 - cerberusalert

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Sounds good, Hitchy.

 

Could you post up the letter, removing any personal details ?

 

Regards.

 

Scott.

 

Yes i have copied and pasted details below.

 

With reference to your letter dated 10/05/2009. I can confirm that we will not be pursuing the above account for the outstanding balance of £1436.84.

As the debt remains unsatisfied, this will be noted on our internal file for future reference.

This information will also form part of your records at the Credit Reference Agencies where we share information. This information will remain on your Credit Reference File for 6 years.

If you are charged interest on your account, any future charges will no longer be applied.

Yours Sincerely

-A

MARKWARBURTON Admin Support Team

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Thanks, do you know if they have already 'marked' your file.

 

Regards.

 

Scott.

 
 

Any advice I give is honest and in good faith.:)

If in doubt, you should seek the opinion of a Qualified Professional.

If you can, please donate to this site.

Help keep it up and active, helping people like you.

If you no longer require help, please do what you can to help others

RIP: Rooster-UK - MARTIN3030 - cerberusalert

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