6 CCA letters ready to go-- few questions, then our progress

[F_DCAs]

And there we have it - from hereon in, any letters to Robinson Way shall henceforth be labelled THINGY requests instead of CCA requests...

[Gaznkaz08]

And there we have it - from hereon in, any letters to Robinson Way shall henceforth be labelled THINGY requests instead of CCA requests...

 

 

perhaps it should be made a "sticky", what to do if you recieve a THINGY from robinson way

[F_DCAs]

Well, when Royds TSB is one of the company's main clients, I suppose stupidity has to be seen as a virtue.

[hungrybear]

Well, when Royds TSB is one of the company's main clients, I suppose stupidity has to be seen as a virtue.

 

 

yes. just WHY arent you called F_LTSB? - not that I object either way;)

 

I like robbo's letters 'this matter wont go away or be forgotten', so I wrote back 'my position on this matter wont go away or be forgotten:D'. To which their reply was 'this account has now been returned to our client'.:lol:

[F_DCAs]

Didn't think of F_LTSB at the time, and I hate DCAs also (especially AIC - who I've made it my personal business to instigate as much grief and lost money as I can).

 

No prizes for guessing what the F_ is an abbreviation of.

 

It's quite apt that Royds TSB uses companies as ignorant as themselves to chase debts up. At least I know now that Royds TSB doesn't have a monopoly in stupidity and ineptitude.

 

Robbingscum Way was previously on my case, and they dropped it after they made 1 phone call. That was wise of them, though I know wisdom is in short supply there.

[Gaznkaz08]

right had 2 letters today one from Capquest regarding a halifax C card, this included the same copy of a signed form titled application for a credit card i've had as a reply to my CCA,this time they have highlighted 2 parts (that i've marked with crosses)

 

the bit at the top says

"Credit agreement regulated by the consumer credit act 1974"

 

the bottom bit is in the right to cancel box and says

"once you have signed this agreement you have a short time and right to cancel, the exact details of how and when you can do this will be sent to you by post"

 

 

and the explanation letter

 

 

 

if it is an agreement why's it titled, credit card application, and where's the prescribed terms

 

and the second was from robinson way, they seem to be getting a little personal now, also they haven't really got there facts right as it wasn't solely a home shopping acc as it also had a store card attached to it

 

 

do i need to point this fact out to them? does this require a response at all?

[hungrybear]

ok robbo's is easy: I am not aware of ever commencing any home shopping account let alone the one to which you refer. EITHER send me legally enforceable proof that there is any debt I need to acknowledge or recognise or sod off. Of course if you wish you can refer the matter to the courts and I would be more than happy to allow a DJ to tell you the same thing.

 

As for capquest you are in danger of letter tennis. I suggest ONE more letter along the lines of this does not constitute an enforceable CCA, if you think it does then take me to court else I cannot see any reason to correspond with you again because I do not recognise the alleged debt to which you refer. (personally I would get that strong because if you give them ANY latitude it just encourages them). I would not get involved with the prescribed terms etc etc in your response, they know. Just be blunt - court or bog off. In my experience in this situation they bog off.

[Gaznkaz08]

ok robbo's is easy: I am not aware of ever commencing any home shopping account let alone the one to which you refer. EITHER send me legally enforceable proof that there is any debt I need to acknowledge or recognise or sod off. Of course if you wish you can refer the matter to the courts and I would be more than happy to allow a DJ to tell you the same thing.

 

As for capquest you are in danger of letter tennis. I suggest ONE more letter along the lines of this does not constitute an enforceable CCA, if you think it does then take me to court else I cannot see any reason to correspond with you again because I do not recognise the alleged debt to which you refer. (personally I would get that strong because if you give them ANY latitude it just encourages them). I would not get involved with the prescribed terms etc etc in your response, they know. Just be blunt - court or bog off. In my experience in this situation they bog off.

 

ideal thats what i was thinking, i know i ask everytime, but is there a specific template for these particular messages, can never seem to find hem on here

[Gaznkaz08]

just done this up for capquest, any good?

 

Thank you for your letter dated 10/12/09

 

It would seem that you are of the belief that you have discharged your obligations under the Consumer Credit Act 1974 in particular section 78(1).

 

Once again you have provided me with the same copy of an application form that you sent as your previous response to my CCA request.

 

Firstly, to comply with section 61 of the consumer credit act 1974 which by the way refers to the signing of an agreement (Not an application), a document must conform to regulations made under the provisions of section 60(1) Consumer Credit Act 1974 otherwise it cannot be properly executed

 

Now then, these regulations I refer to are the Consumer Credit (Agreements) Regulations 1983 (SI 1983/1553). These regulations set out the form and content of agreements. For an agreement to be compliant with the regulations it MUST embody within the agreement, the prescribed terms laid out in the SI1983/1553 without the prescribed terms the agreement does not conform to section 60(1) 1974 and therefore cannot be properly executed as described in section 61(1) CCA 1974.

 

As you have now failed twice to comply with this request, I must draw attention to the fact that this account has been in dispute since 19/11/09, therefore unless you supply me with a true and signed copy of the alleged agreement you refer to, I will not be entering into any more correspondence with yourselves, also as this is now in dispute anymore letters will be collated and phonecalls from yourselves regarding this account will be logged and used to compile a complaint file and be passed to the FOS and OFT

 

Yours Sincerely

 

 

and this one for Robinson way

 

Thank you for your letter dated 10/12/09, I would like to remind you that the document that you are obliged to send me is a true signed copy of the executed agreement that contains the prescribed terms, all other required terms and statutory notices and was signed by both your company and myself as defined in s.61(1) of the CCA(1974) 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.

 

The fact that on two occasions you have written to me stating that there is no credit agreement in existence .I would suggest you EITHER send me legally enforceable proof that there is any debt or acknowledge the fact the account is now in dispute and cease all activities on the account.. Until you send me this proof I will not be entering into any more correspondence with yourselves, also as this is now in dispute anymore letters will be collated and phonecalls from yourselves regarding this account will be logged and used to compile a complaint file and be passed to the FOS and OFT

 

Yours Sincerely

Edited December 15, 2009 by Gaznkaz08

[hungrybear]

yes they should get the message gaz

[Gaznkaz08]

yes they should get the message gaz

 

 

they'll be going off friday

 

capquest seem to to be chomping at the bit, they phoned yesterday so i called them back,i refused the security questions and told them not to bother phoning anymore, just write to me,

 

they have phoned again today, the wife told them i wouldn't be calling them back anymore and to write to me, they said they've already sent me 17 letters,(yeah ok) to which the wife replied they'd be getting one in the very near future

 

are we gonna get the calls constantly now?

[Mr Worried]

Hello To All

 

I am going to read through all the posts that I have missed over the last week as my lappy was broken ( how did we manage before technology? ).

 

It is good to see GaznKaz still posting and sorting their grief.

 

Speak soon

 

Mr W

[hungrybear]

 

are we gonna get the calls constantly now?

 

 

well I currently get 3 a day, not that I know until after the fact as they have their very own silent ringtone assigned.

 

If they call and you answer just say 'hang on' and lay the phone down (dont hang up) and get on with whatever they interupted!.

[Gaznkaz08]

well I currently get 3 a day, not that I know until after the fact as they have their very own silent ringtone assigned.

 

If they call and you answer just say 'hang on' and lay the phone down (dont hang up) and get on with whatever they interupted!.

 

 

i might let them have a chat with my 5yr old, he loves a good natter

[Gaznkaz08]

god haven't capquest got better things to be doing on christmas eve

 

stupid thing is i refused the security questions and she just started babbling on about the account anyway

[Gaznkaz08]

right capquest are phoning pretty regularly now, i have been refusing to speak to them until today where i just asked whats the point in them keep phoning as untill i see an agreement they're wasting their time, they juat said as far as they are concerned the application form compiles with the cca request so they will keep pursuing it and will not recognise it's in dispute

 

so whats next, the harassment letter?

 

a complaint to oft or fos, if so how do you stucture it, how many calls do you need before it's worth reporting?

[F_DCAs]

Telephone harassment letter/tort of trespass letter merged into one, which will stop any phone calls or threats of visitations.

 

Complain to OFT and FOS regardless, and also the ICO and both yours and theirs local Trading Standards offices. Complaint to ALL each and every time Capquest put a foot wrong.

[Gaznkaz08]

good news, 2 letters today from lowells re barclay and jjb storecard, neither OC has a credit agreement anymore so they are closing there files:)

[Gaznkaz08]

going through the credit file again and both these lowell accounts have defaults in 2004, can ask for them to be removed if they've closed their files?

[Gaznkaz08]

post has been so full updates as of 08/01/10

 

lowell jjb card file closed for now no cca in exsistance

lowell barclaycard file closed for now no cca in exsistance

 

capquest halifax card (mine) relying on an app form stroppy calls and letters

capquest halifax card (wife) same app form, no contact since (must like her)

 

mackensie hall studio no cca will pass back to OC end of this month

robinson way next admitted no cca, using guilt and offering discounts to settle account

 

 

 

the wife has had a letter toady from BPO on behalf of capquest (can't they do it themselves) haven't got a clue what thats for so i think they'll be getting a bemused letter

 

i can't thank caggers enough for the advice and help over the last few months, after the grief and abuse we've had off these idiots for so many years it's nice to feel back in control of the situation with the shoe on the other foot:D:D:D:D:D:D:D:D:D

Edited January 8, 2010 by Gaznkaz08

[Gaznkaz08]

After reading some info on another thread i thought i might knock up a letter using some info posted by another cagger and fire it off to the more argumentative DCA's left on the hit list

 

is this any good

 

Ref:

 

With reference to the above account, as a registered debt collection agency you are licensed by the OFT to trade and therefore have promised to abide by guidelines set out by the OFT.

 

I would like to draw your attention to 2.8 f of the OFT guidelines;

 

passing on debtor details to debt management companies without the

debtors' informed prior consent

 

As a result of the above I am now asking you for a copy of the letter from the original creditor asking for my consent, also you must include a copy of my written response to such a request confirming my authority for my details to be passed onto yourselves.

 

I request your written response including copies of both letters to reach myself in no longer than 14 days.

 

Yours sincerely

[nick20045]

After reading some info on another thread i thought i might knock up a letter using some info posted by another cagger and fire it off to the more argumentative DCA's left on the hit list

 

is this any good

Additions and notes:

 

Your ref:

My ref: Account in dispute

 

With reference to the above account, as a registered debt collection agency you are licensed by the OFT to trade and therefore have promised to abide by guidelines set out by the OFT.

 

Should you fail to abide by the rules and conditions you undertook to obtain your license, I believe it is understood you can be reported to said OFT so that you can be investigated as to whether you are fit to hold said license.

I would like to draw your attention to 2.8 f of the OFT guidelines;

 

I refer you to the following from the OFT Guidelines namely:

 

Deceptive and/or unfair methods

2.7 Dealings with debtors are not to be deceitful and/or unfair.

2.8 Examples of unfair practices are as follows:

 

f. passing on debtor details to debt management companies without the

debtors' informed prior consent

i. failing to investigate and/or provide details as appropriate, when a debt is

queried or disputed, possibly resulting in debtors being wrongly pursued

 

k. not ceasing collection activity whilst investigating a reasonably queried or

disputed debt.

passing on debtor details to debt management companies without the

debtors' informed prior consent

 

Considering the above you are to make available within the next 14 days a copy of the letter sent by the original creditor in which my consent was sought and, also a copy of the letter giving my consent.

 

You are to note that should you be unable to make available the above requested documents within the stipulated time, then you are acting contrary to the terms and conditions you agreed to abide by when applying for your license. Should this be the case then you are to take this letter as a service of a section 10 of the Data Protection Act 1998 and cease and desist from handling my personal data any further. Furthermore, you are to cease and desist from contacting me again and failure of this I will be reporting your company to the OFT for investigation.

As a result of the above I am now asking you for a copy of the letter from the original creditor asking for my consent, also you must include a copy of my written response to such a request confirming my authority for my details to be passed onto yourselves.

 

I request your written response including copies of both letters to reach myself in no longer than 14 days.

 

Yours sincerely

 

Signed: P.O. Peye

 

Oh and you NEVER ask, beg, request. You DEMAND IT IS MADE AVAILABLE. You are the ALPHA DOG. The DCA is the Biatch. Always stay in control. You are the one with the power not them.

[nick20045]

NOTE: I have NOT read all of the posts on this thread and to be honest I neither intend to.

 

I have based the above amendments on what was in the post. I suggest the OP to edit his letter, repost and then it can be examined again.

 

Also such a letter should be sent to the C.E.O. The reason being that IF there are any arguments later on then it cannot be claimed that it was acted on by some "monkey" but it was the C.E.O. who decided to continue breaching the OFT Guidelines.

 

Besides, having C.E.O.s of such companies receive lots of letters it will keep them busy and stops them from bonking the secretary. :razz::razz:

[Gaznkaz08]

Additions and notes:

 

 

Signed: P.O. Peye

 

Oh and you NEVER ask, beg, request. You DEMAND IT IS MADE AVAILABLE. You are the ALPHA DOG. The DCA is the Biatch. Always stay in control. You are the one with the power not them.

 

NOTE: I have NOT read all of the posts on this thread and to be honest I neither intend to.

 

I have based the above amendments on what was in the post. I suggest the OP to edit his letter, repost and then it can be examined again.

 

Also such a letter should be sent to the C.E.O. The reason being that IF there are any arguments later on then it cannot be claimed that it was acted on by some "monkey" but it was the C.E.O. who decided to continue breaching the OFT Guidelines.

 

Besides, having C.E.O.s of such companies receive lots of letters it will keep them busy and stops them from bonking the secretary. :razz::razz:

 

 

basically they are in dispute due to failure to comly with a cca request

 

will have another go then (my first attempt completely from scratch so bear with me)

[Gaznkaz08]

here you go, i take it the ceo is to be found at the address normally found on their letters??

 

Dear Sirs

 

Ref:

 

With reference to the above account, which is currently in dispute with yourselves due to your failure to comply with my request under the Consumer Credit Act 1974 (s.78 ).

 

As a registered debt collection agency you are licensed by the OFT to trade and therefore have promised to abide by guidelines set out by the OFT. Should you fail to abide by the rules and conditions you undertook to obtain your license, I believe it is understood you can be reported to said OFT so that you can be investigated as to whether you are fit to hold said license

 

I refer you to the following from the OFT Guidelines namely:

 

Deceptive and/or unfair methods

2.7 Dealings with debtors are not to be deceitful and/or unfair.

2.8 Examples of unfair practices are as follows:

 

f. passing on debtor details to debt management companies without the

debtors' informed prior consent

 

i. failing to investigate and/or provide details as appropriate, when a debt is

queried or disputed, possibly resulting in debtors being wrongly pursued

 

k. not ceasing collection activity whilst investigating a reasonably queried or

disputed debt.

 

Considering the above I am now demanding a copy of the letter from the original creditor asking for my consent, (in reference to 2.8 f ) ,also you must include a copy of my written response to such a request confirming my authority for my details to be passed onto yourselves.

 

I require your written response including copies of both letters to reach myself in no longer than 14 days.

 

 

You are to note that should you be unable to make available the above requested documents within the stipulated time, then you are acting contrary to the terms and conditions you agreed to abide by when applying for your license. Should this be the case then you are to take this letter as a service of a section 10 of the Data Protection Act 1998 and cease and desist from handling my personal data any further. Furthermore, you are to cease and desist from contacting me again and failure of this I will be reporting your company to the OFT for investigation

 

 

Yours sincerely