what should I do now - if anything

[flooz]

Received a letter today, which I shall endeavour to scan and post later on, but I do have a question.

 

Where do you guys do all your research? I'm very grateful for all the assistance I receive, but sometimes I'd like to find stuff myself, then run it by CAGs for opinions. I know there's a lot of info on the various threads but there's simply too many to go through in detail, and it must be tiresome for you guys to keep repeating the same advice to various people like myself.

 

Is there somewhere in particular that's good for researching everything?

 

Many thanks

[Laura Cooke]

I tend to just do a google search type in the question a site etc usually comes up and points you in right direction

[flooz]

Thanks Laura - I do that too, but it tends to point me back to here, lol.

[gezwee]

I'm a googler too

 

Tend to look on here and the likes of MSE first before checking legislation on the 'regulated' sites such as direct.gov or justice.gov sites

 

Theres a mine of info out there and sometimes you find what you need by tripping over it in a search.

 

Gez

[Dotty50]

At least on here, you can get advice from others who have actually been through similar situations and come out the other end.

 

It's very interesting sometimes when you get a letter and go to post it up on your thread and you find that the same letter has gone out to several other Caggers, at the same time

[flooz]

Thanks everyone. This is their latest letter, I'm reasonably sure it's a standard letter. Although they didn't enclose the OFT leaflet they refer to.

 

I don't plan to respond to it at this stage, as I'm still awaiting the response to the SAR and I'd prefer there not to be two lots of correspondence going. Any comments anyone?

 

 

[gezwee]

Hi Flooz

 

Its a bodged Default notice, doesnt appear compliant........ the giveaway is the line including the text 'TAKEN BY THE DATE SHOWN'

 

They should show a date of remedy above but they've stated 'within 28 days' in the hope that if they ever go for enforcement they'll get a friendly judge who will treat this as de minimis.

 

Keep the envelope for this one and date it to remind yourself when received.

 

They'll terminate soon and probably pass to a muppet DCA but you have the benefit of having this in dispute so its a big no no if they assign it

 

Gez

[Dotty50]

Hi Flooz,

 

Yes similar to mine except I broke clause 4 due to going over the limit (except it was only over because they added unlawful charges and interest)!

 

Although a DN usually stipulates a specific date to remedy by, they give 28 days so that is acceptable. It's their cop out because they aren't capable of working out the 14 days.

[rockwell304]

I have exactly the same from Cap One giving me 28 days. I have not put it in dispute yet as there are doubts re. enforceability of my agreement from 2006.

 

Having read other threads here I was under the impression that the County Court would virtually always side with the OC even if the DN is technically incorrect.

[diddydicky]

i;m sorry to say that the DN will in all likelyhood be a valid Dn despite the mis wording and the fact that it should also show the balance of the account(unless the amounts are wrong)

[diddydicky]

I have exactly the same from Cap One giving me 28 days. I have not put it in dispute yet as there are doubts re. enforceability of my agreement from 2006.

 

Having read other threads here I was under the impression that the County Court would virtually always side with the OC even if the DN is technically incorrect.

 

one of the reasons that the court seems to "side" with the OC is because the solicitor or barrister acting for them puts a professional presentation of their arguments and sometimes the LIP struggles

 

not usually being as conversant with the CCA as they perhaps should be it is human nature for them to think that the oppositions argument is more sound

 

the judge has to be "directed" and therefore the LIP needs to be sure of his ground and the relevant legislation that he/she wants the judge to rule upon

 

there really is very little room for error in a DN so if the case for rejecting it is put properly the judge would have little room for manoeuvre even if he is personally biaised- and would also give grounds for appeal if he can be shown to have mis directed himself or not taken proper account of the governing legislation or higher court precedents

 

IMO

[flooz]

Have retrieved envelope from bin ;-) - no date on it though.

 

At this point (I hope you all agree) I see no point in responding to the letter, as I'm still awaiting response to the SAR. I'm counting the 40 days from when the cheque was cashed (which I feel is very generous, as they must have had the letter several days prior to that). They have approximately 7-8 working days left......

 

I shall endeavour to research further over the weekend, as long as I'm blessed with some spare time.

 

You have no idea how much encouragement you lot are giving me.

[johnerog]

Hi Flooz,

still plugging away then. Did you ever get a signed copy of a regulated agreement? I suspect not.

I am still getting the phone calls. I'm on my third DCA now. When you get you SAR please let me know.

Cheers

John

[flooz]

Hi John, thanks for posting. I'm still waiting a response from my SAR, posted on 10 January (unfortunately, not signed for) so being the generous person I am, I'm only counting the 40 days from the date the cheque was shown as cashed on my bank statement, which was 2nd February, although they must have had the cheque many days/weeks before that.

 

Therefore, I've still a little more time before they are 'out of time'. They wasted some, requesting a further signature, as the one on the letter didn't match they one they had 'on file' (I am simply not happy sending something without a signature), hindsight is a wonderful thing though . No doubt there's a possibility they could say they 'never received the 2nd letter' - the one explaining why they don't need a signature. But we'll see.

[Laura Cooke]

Capital One done same thing with me they keep stalling my Sars was due back a few days ago and I sent a CCA request 2nd week in December sent another CCA request January 2010 keep writing saying my signature is not what is on file but it is!!!

[flooz]

The don't need your signature Laura - there's a template letter in the library, which I used as the basis for my letter to them. I don't know how it all works at the moment, but from what I do understand I wouldn't think the lack of a signature would mean they don't have to comply, especially if they have used the funds which you sent.

 

If I'm wrong, I'm sure there'll be someone that can point you/us in the right direction.

[gezwee]

The don't need your signature Laura - there's a template letter in the library, which I used as the basis for my letter to them. I don't know how it all works at the moment, but from what I do understand I wouldn't think the lack of a signature would mean they don't have to comply, especially if they have used the funds which you sent.

 

If I'm wrong, I'm sure there'll be someone that can point you/us in the right direction.

 

 

Heres the link http://www.consumerforums.com/resources/templates-library/86-debt-collectors/572-debt-letter-when-company-refuse-cca-due-to-no-signature-

 

Gez

[Laura Cooke]

They don`t need a signature for the CCA that`s true but what I`m getting at we gave them one and still acting silly buggers and saying it`s not what they have on file

[gezwee]

They don`t need a signature for the CCA that`s true but what I`m getting at we gave them one and still acting silly buggers and saying it`s not what they have on file

 

Can't be you thats signed the application they're witholding then

 

Gez

[Laura Cooke]

No you right there Gezwee what a company hey

[flooz]

Reply received now to my SAR, they've cashed the cheque, haven't sent any of the information requested, just this response....

 

 

 

 

 

They are obviously insisting that they've sent the agreement to us, I posted their previous responses and the document(s) they sent, and the general consensus was they've sent a signed copy of the application form, and some T&C's which may or may not relate to the account.

 

I'm not sure how to proceed. I guess a response pointing out what they HAVE actually sent (which does not appear to be an enforceable agreement); clarification of what constitutes as 'reasonable' contact regarding the telephone calls, and also point out that as they've cashed my cheque, surely they have a duty to provide the remainder of the information I've requested.

 

Somehow, I'd like to get them to see that the quicker they start admitting the truth, then the quicker we can come to an amicable settlement. I'm beginning to feel a bit helpless in it all though

 

Also, received on the same day, another 'notice of sums in arrears' - standard letter I guess, and something I've got to get used to.

 

Any advice on how to take the next step please?

[diddydicky]

They don`t need a signature for the CCA that`s true but what I`m getting at we gave them one and still acting silly buggers and saying it`s not what they have on file

 

Dear sirs

 

FTAO (the signature of the letter)

 

i refer to your letter of XXXXXXXXXXX

 

there is no requirement in any event for a request made under s78 for the request to be signed.

 

there is no doubt that you are satisfied as to my identity having been in correspondence and sent confidential information to me on a regular basis to this address

 

You are now in default of your obligations under s78 of the consumer credit act and will remain so until you fully comply

 

You are being deliberately obstructive and I have no doubt that this will be the cause of some amusement amongst your colleagues.

 

I am confident that in the event that i need to show this correspondence to a judge he will take the same view of your actions as i do.

 

Kindly do not correspond with me any further with regard to disingenuous concerns as to my signature

 

Y F

[Dotty50]

Flooz, keep smiling

 

Don't let them get you down, I know been there. DD has posted a suitable response for you.

 

Just think about them receiving all the letters from Caggers and the fuss in their office thinking what to send out next to us, oh shame.

 

Feel sorry for the staff sometimes, but not for long!

[Laura Cooke]

Thanks DD letter great for both me and Flooz who have the same problem with Capital One

[flooz]

Thanks for your support everyone.

 

Dotty - I think DD's letter's for Laura, I went through that stage with them already, they're now not complying with the SAR (despite cashing the cheque), saying they've already sent the agreement to me, which is fully enforceable. They sent a copy of a signed application and some general T&C's, but none of the other information requested in the SAR.

 

Just don't know what my next move should be.