Gazab -v- BC Gold a/c

[diddydicky]

you dont need my advice- you are getting all you need already:)

[gazab41]

now had contact from rma will post up in short while

[gazab41]

[gazab41]

ok I have not sent unlawful recinsion letter yet how do I respond all help please

[diddydicky]

dear sirs

 

Re: Your Ref XXXXXXXXXXXXXXXXXXXX

 

 

I refer to your letter of 17th Inst and note that you have demanded payment of sums not yet due under the agreement and terminated it (if indeed a properly executed and/or legally enforceable agreement ever existed)

 

I elect to accept your unlawful repudiation and consider myself no longer bound by the agreement

 

Kindly advise me by return of the exact amount of (genuine) arrears outstanding at the time of your unlawful termination, against which i may have a counterclaim for damages for your unlawful rescission

 

Yours sincerely

 

XXXXXXXX

 

(recorded delivery)

[gazab41]

I have now recived the following will sent ur this week. I reckon they have not got cca sending this.

 

[diddydicky]

dear sirs

 

re your letter of XXXXXXXXXx

 

Please advise me by return of post why i have been "selected" for an offer and confirm the details of the offer you are making in writing for good orders sake. whereupon i will consider the details and respond accordingly

 

Y F

 

( make sure you get a proof of posting slip)

 

Get that UR letter off

[gazab41]

ok have now recived the following just need confirmation as to who I send the unlawful rescinsion letter to as formal demand from calders and now rma thanks will post on monday

[diddydicky]

dear sirs

 

your letter in my opinion is disinegnuous and is designed solely for the purpose of obtaining a telephone number on which you can continually pester me- and not a genuine attempt at a resolution of the matter.

 

If you are sincere then kindly confirm exactly what your offer is in writing, either with or without prejudice

 

all correspondence in this matter WILL be conducted in writing, or not at all

 

 

Y F

[gazab41]

ok today recived the following threat however I have recived absolutly nothing relating to this account re statments for well over a year no CCa diddly squat. Please could someone advise who I send the unlawful recinsion letter to would it be calders as they sent formal demand or RMA or Barclaycard thanks all

 

[citizenB]

Send them the following.

 

 

Dear Sir or Madam,

 

I acknowledge no debt your your company or any company you claim to represent

 

RMA Letter ref:

 

I am in receipt of your letter dated 27th April 2010 and referenced above.

 

I note with equal concern that you have consistently ignored my responses to your previous correspondence.

 

To date, my letters dated (put the dates of all the letters you have sent them) remain unanswered.

 

I must now insist that you either respond to those letters or send me a copy of your complaints procedure by return.

 

I look forward to your early response.

 

Etc, etc.

PRINT DONT SIGN

 

 

HTH

[diddydicky]

personally- except in exceptional circumstances- i don't think it is advisable to head letters stating that "no debt is acknowledged" - or similar- since clearly, in 99% of cases there IS a debt- and the creditor can use this against you in court to invite the judge to consider your motives

 

what is normally in dispute is that the agreement is not properly executed and/or legally enforceable and it is (IMO) this which should be pointed out in correspondence (and not necessarily in every letter) so that at a later date you are more likely to present yourself as a creditable witness in court - the more so if/when you are invited by your opponent to state whether you did or did not borrow/spend the money from the creditor

 

just a general point i thought might be worth making

[citizenB]

personally- except in exceptional circumstances- i don't think it is advisable to head letters stating that "no debt is acknowledged" - or similar- since clearly, in 99% of cases there IS a debt- and the creditor can use this against you in court to invite the judge to consider your motives

 

what is normally in dispute is that the agreement is not properly executed and/or legally enforceable and it is (IMO) this which should be pointed out in correspondence (and not necessarily in every letter) so that at a later date you are more likely to present yourself as a creditable witness in court - the more so if/when you are invited by your opponent to state whether you did or did not borrow/spend the money from the creditor

 

just a general point i thought might be worth making

 

Hi dd,

 

If this were being sent to the Original Creditor, then I would just put "Account in Dispute", but this is to a 3rd party to which Gaza owes no liability.

 

However, to avoid any later such hassle as you describe.. then perhaps Gaza would be best advised to head his letter simply "Account in Dispute".

 

[slick132]

Personally, I would treat RMA's Snot-O-Gram with the contempt it deserves............ and ignore it.

 

Their threat that you MAY need to provide employer details, and a list of assets, is utter balderdash.

 

 

PS The letter doesn't demand full repayment, etc so I don't think unlawful rescission is relevant.

Edited May 1, 2010 by slick132

[citizenB]

Personally, I would treat RMA's Snot-O-Gram with the contempt it deserves............ and ignore it.

 

Their threat that you MAY need to provide employer details, and a list of assets, is utter balderdash.

 

 

PS The letter doesn't demand full repayment, etc so I don't think unlawful rescission is relevant.

 

Ignoring their rubbish would also be my preferred option:D

 

I rather suspect that they are seriously breaching OFT guidelines by including that statement regarding the provision of employers details and assets. Only a court can demand those be provided.

[vint1954]

They are not entitled to that information. Only the court is. Tell them to go away.

 

The letter accepting unlawfull rescission goes to the registered office of the OC.

[gazab41]

OK all need bit more advice on Saterday I got the following letter, please note the following address on envolope refers to address at a po box 8743 which i belive is a mail outpost centre same address on all RMA letters.

 

2. I have tried to locate solicitors but does not seem to exist

 

3 ammount owed has gone up again even though calders stupidly sent a formal demand for whole amount not just arrears which were on part of inital dodgy default from mercers.

4. Still have recived no statments since end 2008/begin 2009 no CCA and nothing from SAR so what to do now shall send unlawful rescinsion letter bassed on calders formal demand and also write to RMA telling account in dispute and go away any help would be great.

 

[citizenB]

It does say at the bottom that Westminster Solicitors are a trading name of another firm. However, I would have thought that there should be a number that you contact them on.

 

I think these are just another "shell " company that write these letters on behalf of DCAs.

 

Just send them a short note saying account in dispute, should they proceed to litigation you will defend yourself.

[gazab41]

Ok today I have recived a letter from Apex Credit Management.

should i send them the same letter i sent moorcroft re serious dispute the amount i owe as gone up again now if its terminated etc it should not in my humble opinion.

[slick132]

Hi Gazab,

 

Yup, send them a dispute letter.

 

Looks like this account is doing the rounds with the DCA's and they pass it on when they realise it's not an easy a/c to collect.

 

[gazab41]

ok I recived a letter from Barclaycard on weds 20th april stating account had been assigned and transfered to MKDP LLP on 21st March.

states I owe them £3148.46 at this moment have recived nothing in way of CCA or Sar details and this goes back to Aug 2009 not even recived terms and conditions Advice please!

[citizenB]

You can pretty much advise as you have other DCAs, that the account is in dispute and you are surprised that the original creditor has sold an account with an unresolved dispute/complaint outstanding.

[gazab41]

ok on sat I recived a letter from MKRR in relation to this card

 

i will post below the wording of this letter.

04/05/2011 our ref (letter followed by 4 numbers)

Dear Mr

 

I am writing to you regarding your outstanding balance, with the objective of finding a solution to resolve this debt.

 

ignoring this letter will only result in making this situation worse and we strongly recomend you contact us upon recipt of this letter.

 

we are in a position to offer a payment arrangment to resolve the problem if you contact us straight away, alternatively you can make payment at any postoffice or paypoint using the bar code to the right.

 

if you ignore this you will leave us no option but to continue our collections activity.

 

1. nowhere on this letter is any referance number that relates to any barclaycard account only this is there own ref number (3 letters followed by 7 numbers)

 

Today we got a phone call at 18.30 asking to speak to me I then asked them who they were and they stated they were MKRR part of barclaycard. I stated they had the wrong number and appoligised for ringing

 

Which letter that I have previously posted should I send these guys this account was unlawfully terminated, No terms and conditions nothing recived for Sar and i know ppi was applied at one time where do i go now.

[slick132]

Hi Gazab,

 

I think you need to review your case in light of recent decided court cases, to make sure you are happy that the a/c remains in dispute, and for what reasons.

 

It is getting harder now to defend where banks go to court. Even if the credit agreement is flawed or an application form is all they have, they may still persuade a judge that the debt exists.

 

Issues about DN's may also be harder to prove and I'm not at all sure about the whole Unlawful Rescission route.

 

See Link No4 in my signature for guidance on how a bank can reply to your CCA.

 

Is there any reason you haven't chased for replies to your SAR so you can check for charges and for PPI.

 

8-)