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    • Thank you. There are two possible routes here. You could sue DPD – and then they would probably defend and they would also counterclaim for the unpaid delivery fee. Alternatively, they could go ahead and sue you and then you could counterclaim for the expenses of the damaged items. It would be better if they would sue you and the reason for that is that you would be the defendant and therefore if there was a hearing, it will be held at your local court which would save you a lot of inconvenience. If you sue them, then they become the defendant and if there was a hearing then it would be heard at their local court which means that you would have to travel and plan the logistics of this. Normally speaking you can counterclaim without paying a fee but where the value of a counterclaim is substantially greater than the value of the substantive claim, when you might have to pay a fee. If you with the claimant then you will certainly have to pay the fee anyway. So I suggest that your best interests are served by preparing to be sued and then if that happens then to defend and counterclaim. We will help you. If eventually they don't follow through with their threat, then you will have to sue them. Whichever is the case, you will need to be well prepared and that really means that you need to seek independent assessments and evaluations of the damage which has been caused and the value of putting it right. These independent assessments may cost you money – but eventually if you win then you will get this back. So for the moment, start gathering your evidence. Make sure that you are fully prepared with your independently verified documentation and then hope that they will follow through with their threat and sue you.
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latipac girl

Lloyds TSB - obligation under Consumer Credit Act

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I sent the usual letter requesting site of my original credit agreement. I have now received a letter sending a copy of my original agreement which says it has been updated with the current financial profile of my account and a signed statement of my account. They say they are not obliged to send me a signed agreement and to be assured that they would not have opened a credit card account without having sight of the signed agreement. They refer me also to Claims management businesses warned about misleading marketing claims - Ministry of Justice and are now trying to scare me.

 

I do not know what to do now. Any advice please.

 

Regards

 

Latipac girl

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They don't "have" to send you a signed copy, but if they want to enforce this agreement in a court of law they would have to show a signed agreement to the judge. Will be back soon with a letter to go forward with this. Don't panic though.


Beating the DCA's day by day

 

My fight:

NDR - CCA'd 12+2 passed

Bank of Scotland - CCA'd 12+2 passed

CFS - Win by Technical Knock-out!:lol:

HFC Bank - CCA'd 12+2 passed

Chantry Collections - CCA sent

 

Time flies like an arrow

Fruit flies like a banana :D

 

<---------- Have I given you top advice, have I made you laugh, click on the scales, it won't hurt you! :grin:

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This should cover it. Remember to send it unsigned and by registered post. Let us know what they come back with and we shall do our best to help.

 

 

I DO NOT ACKNOWLEDGE ANY DEBT TO YOUR COMPANY.

Re: Account no: xxxxxxxx

 

Thank you for your letter dated (enter date) which has been noted for future reference.

 

This letter is a formal request pursuant to s.77/78 of the Consumer Credit Act 1974. I require you to provide me with a true copy of the credit agreement relating to the above account, together with any other documentation the Act requires you to provide.

 

I expect you to comply fully and properly with this request, within the statutory time limit. You are reminded that should you fail to comply with my request, the provisions of s.77(6) will apply.

 

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

 

If you are unable to comply fully and properly with this request, you should confirm this in writing at the earliest opportunity, and certainly within the statutory time limit for compliance.

 

Yours faithfully,


Beating the DCA's day by day

 

My fight:

NDR - CCA'd 12+2 passed

Bank of Scotland - CCA'd 12+2 passed

CFS - Win by Technical Knock-out!:lol:

HFC Bank - CCA'd 12+2 passed

Chantry Collections - CCA sent

 

Time flies like an arrow

Fruit flies like a banana :D

 

<---------- Have I given you top advice, have I made you laugh, click on the scales, it won't hurt you! :grin:

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Hi,

 

Thank you very much for your help i will send it off and see what happens.

 

Regards

 

Latipac girl

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My my, poor old Loyds TSB. I'll give them their due they are trying....very trying. They would swear black was white & that the tooth fairies live in the vaults if they thought it would convince someone to pay up & shut up. :rolleyes:


Anthrax alert at debt collectors caused by box of doughnuts

 

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