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EOS CCA Reply - They haven't got it!

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Hello All,

 

Sent CCA request off to EOS who are acting on behalf of a shop direct account and this is what i recieved back this morning.

 

Am i right in thinking that i can tell them they are not having any more money out of me until they produce my CCA

 

9bd9hk.jpg

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Dear Sir,

 

Thank you for your letter of xxxxxxx telling me what my agreement would have looked like. Please see below what payment would have looked like if you had been able to provide an enforceable agreement;

4to5zd.jpg

 

Yours Truly,

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Yes you are exactly right

 

Keep the letter safe, they cannot enforce what they do not have.

 

Don't you just love that line "You agreed to make payment every 28 days" where exactly does it state that?

 

That would be on the agreement that they don't have :D


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Dear Sir,

 

Thank you for your letter of xxxxxxx telling me what my agreement would have looked like. Please see below what payment would have looked like if you had been able to provide an enforceable agreement;

 

4to5zd.jpg

 

Yours Truly,

 

:lol:

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lol very funny, i shall draft a letter up to them tomorrow xx

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How about sending this letter to them ?

any comments are appreciated xx

 

 

Thank you for your letter dated 8th July 2009, however I find it difficult to believe that you have mislaid such an important document as the copy of the credit agreement.

 

As I am sure you are aware; especially with the recent highlighted cases of 'lost' data, which seems to be a serious issue I was led to believe that you are legally obliged to keep copy agreements for a 6 year period. As I’m sure you are aware, this 6 year period starts from the closing of an account not the opening of one.

 

 

It would appear that you have failed in your obligations to comply with the various anti money laundering regulations in not keeping such documents. This, as I’m sure you are aware, is a very serious offence.

 

I now require the balance of this account to be returned to zero.

 

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. Should you refuse to comply, you must within 14 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 14 days, I will 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 would apply:

  • You may not demand any payment on the account, nor am I obliged to offer any payment to you.
  • You may not add any further interest or charges to the account.
  • You may not pass the account to any third party.
  • You may not register any information in respect of the account with any of the credit reference agencies.
  • You may not issue a default notice related to the account.

Please be aware, the CCA 1974 is very clear that a default can only be issued for breach of a valid, regulated agreement. As there is no agreement a default cannot be lawfully issued as no valid, regulated agreement has been breached.

 

I would ask that you review this account and respond favourably within 14 days of the date of this letter. Failure to do so will result in me reporting this matter to The Financial Crime Branch of HM Treasury and any other authorities as I see fit.

 

I look forward to your reply in due course.

 

Yours faithfully

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[ Originally Posted by cerberusalert viewpost.gif

Dear Sir,

 

Thank you for your letter of xxxxxxx telling me what my agreement would have looked like. Please see below what payment would have looked like if you had been able to provide an enforceable agreement;

 

4to5zd.jpg

 

Yours Truly,

/QUOTE]

 

Not wanting to burst anyone's bubble, but the use of money which has been photographed is extremely illegal, you do not have to be the person who has committed the offence of taking a photograph of a bank note, but you will be liable to a summary conviction if found guilty of the offence!


Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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PGH7447

 

 

Getting There Slowly

---------

 

Advice is given freely but is in no way meant to be taken as Gospel:-)

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They know they haven't complied, I prefer sweet and simple these days.

 

Dear sirs

 

I am in receipt of your letter of DATE and note its’ content. Account ££££££ remains in dispute.

 

Kind regards etc

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you really do have 2 options.

 

1 reply

2 ignore.

 

if u take 1 u can send the letter u posted or u can send the letter zazen wrote i think they will both work.


OFT debt collection guidance

 

Please remember the only stupid question is the one you dont ask so dont worry about asking the stupid questions.

 

Essex girl in pc world looking 4 curtains 4 her pc,the assistant says u dont need curtains 4 a computer!!Essex girl says,''HELLOOO!! i,ve got WINDOWS!!'.

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Shop direct are notorious for not having CCAs :D


"To love unconditionally is the greatest gift, laughter is a close second" .To give your time to help others after being helped here is the best way to show your appreciation to your fellow CAG members.

 

Please note that this advice is given informally, without liability and without prejudice. Seek the advice of an insured qualified professional if you have any doubts. All my knowledge has been gained here, for which I'm very grateful. I'm a Journalist, not a law professional.

 

If you do PM, make sure to include a link to your thread as I don't give out advice in private ;)

BB 13 - DCAs/banks and solicitors 0.

 

I get a fresh start to get on with learning to live with severe disabilities when they could have had something if they'd been understanding...

 

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oh god yes they are. I have 4 accounts not cca not a penny to 2 accounts since 2005 and the other 2 2007.

 

Then theres the OHs one account they are trying to collect on was closed with a nil balance as they then after about 14 days refused credit then the other over £700 no cca.


OFT debt collection guidance

 

Please remember the only stupid question is the one you dont ask so dont worry about asking the stupid questions.

 

Essex girl in pc world looking 4 curtains 4 her pc,the assistant says u dont need curtains 4 a computer!!Essex girl says,''HELLOOO!! i,ve got WINDOWS!!'.

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thankyou for all your comments, it's really empowering to know that they can't get away with their bullying tactics anymore.

No CCA no money from us ;)

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Hello all,

Received this letter from Shop Direct this morning, good news is it seems like they are not going to chase this debt anymore, as they recognise themselves that it's unenforcable.

 

My question is what shall i write back ?

I want to try and get them to remove all entries from credit record and reduce balance to zero ??

 

Any ideas anyone ?

 

149uz3c.jpg

 

k49eo9.jpg

 

2m3gwo8.jpg

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No CCA = no enforcable debt = end of.

They cannot just go on & say that evidence of a credit agreement may have still existed - if so, they need to supply that evidence.

Report them to the OFT asap.

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Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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Hi Mr Ton and Boo,

thankyou for your comments, i will report them as they probably think i won't.

Boo - i looked at the letter you posted up, but it doesn't say anything about getting them to remove defaults and entries on my credit record ?

How do i go about getting these removed?

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Are the defaults valid?


"To love unconditionally is the greatest gift, laughter is a close second" .To give your time to help others after being helped here is the best way to show your appreciation to your fellow CAG members.

 

Please note that this advice is given informally, without liability and without prejudice. Seek the advice of an insured qualified professional if you have any doubts. All my knowledge has been gained here, for which I'm very grateful. I'm a Journalist, not a law professional.

 

If you do PM, make sure to include a link to your thread as I don't give out advice in private ;)

BB 13 - DCAs/banks and solicitors 0.

 

I get a fresh start to get on with learning to live with severe disabilities when they could have had something if they'd been understanding...

 

<--- If you feel I've helped, please twinkle my star :)

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Hello Babybear, i'm not too sure on this, as it's other halfs account, i will have to look into it.

How likely is it for them to reduce the balance to zero? If i keep on at them ;)

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If the defaults are valid I seriously doubt you'll get them removed even by going to court.


"To love unconditionally is the greatest gift, laughter is a close second" .To give your time to help others after being helped here is the best way to show your appreciation to your fellow CAG members.

 

Please note that this advice is given informally, without liability and without prejudice. Seek the advice of an insured qualified professional if you have any doubts. All my knowledge has been gained here, for which I'm very grateful. I'm a Journalist, not a law professional.

 

If you do PM, make sure to include a link to your thread as I don't give out advice in private ;)

BB 13 - DCAs/banks and solicitors 0.

 

I get a fresh start to get on with learning to live with severe disabilities when they could have had something if they'd been understanding...

 

<--- If you feel I've helped, please twinkle my star :)

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