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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times. ×


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    • Bazooka Boo
      Natwest Bank Credit card debt - Moorcroft- Lowells- Overdales @overdalesSols

      By Bazooka Boo · Posted

      Talking to them does not reset the time limit, although they will probably tell you it does, they'd be lying. Dumbdales are the in-house sols for Lowlife, just the next desk along. If Lowlifes were corresponding with you at your current address then Dumbdales know your address. However, knowing that they are lower than a snake's belly, you would be well advised to send them a letter, informing them of your current address and nothing else. Get 'proof of posting' which is free from the PO counter, don't sign it, simply type your name. That way then they have absolutely no excuse for attempting a back door CCJ.   P.S. Best course of action, IGNORE them, until or unless you get a claim form......you won't.
    • Plank37
      Techzone Mobile Buxton Ltd (dissolved 2022!) - Bought a dodgy phone from their Market stall - says doesn't do refunds with a sign up!!

      By Plank37 · Posted

      A 'signed for' Letter of Claim has been sent today so they have 14 days from tomorrow... Lets wait and see what happens but i suspect judging by their attitude they wont reply 
    • SPM87
      Homeowner - Struggling to now pay minimums on unsecured debt

      By SPM87 · Posted

      I am extremely apprehensive about burning our files.... I do not know why, so it is becoming an endless feedback loop. Scared to pull the trigger to speak in the desire not to mess up my file. 
    • Emily Carrington78
      Natwest Bank Credit card debt - Moorcroft- Lowells- Overdales @overdalesSols

      By Emily Carrington78 · Posted

      Hi All, So brief outline. I have Natwest CC debt £8k last payment i made was 7th November 2018 Not a penny since. So coming up to the 6 year mark. Can't remember when i took out the  credit card would be a few years before everythign hit the fan. Moved house 2020 - updated NatWest as I still have a current account with them. Then Lowells took over from Moorcroft and were writing to me at my current address. I did get a family member to speak to them 3 years ago regarding the debt explained although it may be in my name I didn't rack it up then went contact again. 29th may received an email from overdales saying they were now managing the debt. I have not had any letter yet which i thought is odd?  Couple of questions 1. Does my family member speaking to lowell restart statute barred clock? 2. Do you think overdales aren't writing to me because they will back door CCJ to old address even though Lowells have contacted me at current address never at previous? ( have no proof though stupidly binned all letters  ) Should I write to them and confirm my address just incase? Does this restart statute barred clock? 3. what do you think best course of action is?   Any help/advice is appreciated I am aware they may ramp up the process now due to 7th December being the 6 year mark.   Many Thanks in advance! The threads on here have been super helpful to read.  
    • Goodday
      Returning online order issue. items from Just BB Guns - both not what i want or faulty - within 14 days.

      By Goodday · Posted

      Hello all, just got this from my bank today.   ” Update on your payment refund As you know we temporarily refunded the amount(s) of £381.98 to your account pending investigation. We’re pleased to confirm that an additional amount of £359.99 has also been refunded to your account by the retailer on 18th March 2024. What will happen next To correct this situation, arrangements will be made on 6th June 2024 to reverse the original refund supplied from us.  Our file in respect of this matter will now be closed, which we trust is satisfactory.”   Not sure what to do as I was previously told if I hear nothing back after a certain date that would be the case closed now it’s been changed to the 6th of June. and as you see I’m not getting a full refund I don’t know wether to contact them again and try to get the £20, or if I even can at this point? Thanks again.   

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      We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times.

LLOYDS TSB - Unsure Where I Stand

Lee_K

By Lee_K
in Debt Collection Agencies

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maroondevo52

maroondevo52

Posted
Posted

Hi,

 

Regarding the charges, we're waiting on new Template's and pocs to start the re-claiming process, these should be ready some time soon.

 

Let us know when you get a reply to your CCA request.

 

Regards.

 

Scott.

Any advice I give is honest and in good faith.:)

If in doubt, you should seek the opinion of a Qualified Professional.

If you can, please donate to this site.

Help keep it up and active, helping people like you.

If you no longer require help, please do what you can to help others

RIP: Rooster-UK - MARTIN3030 - cerberusalert

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Lee_K

Lee_K

Posted
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Posted

This is the letter I have chose to send:

 

Dear Sir/Madam,

You have failed to respond to my legal request to supply me a true copy of the original Consumer Credit Agreement for the above account.

On the 14th of October I made a formal request for a true signed agreement for the alleged account under the Consumer Credit Act 1974 (s.77/s.78)

You have failed to comply with my request, and as such the account entered default on 28th of October 2009.

 

The document that you are obliged to send me is a true 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. In addition a full statement of this account should have been sent to me detailing all debits and credits to the account.

Furthermore; you should be aware that the Consumer Credit Act allows 12 (+2) days for a request for a true copy of a credit agreement to be carried out before you enter into a default situation. This limit has expired.

As you are no doubt aware s.77(6) states:

"If the creditor fails to comply with Subsection (1)(a) He is not entitled , while the default continues, to enforce the agreement. Therefore this account has become unenforceable at law"

As you have failed to comply with a lawful request for a true, signed copy of the said agreement and other relevant documents mentioned in it, failed to send a full statement of the account and failed to provide any of the documentation requested, any legal action you pursue will be averred as both unlawful & vexatious. Furthermore I shall counterclaim that any such action constitutes unlawful harassment.

Please note you may also consider this letter as a statutory notice under s.10 of the Data Protection Act (1998) 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 30 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 not respond within 30 days I 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 applies.

 

* You may not demand any payment on the account, nor am I obliged to offer any payment to you.

* You may not add further interest or any charges to the account.

* You may not pass the account to a third party.

* You may not register any information in respect of the account with any credit reference agency.

* You may not issue a default notice related to the account.

 

I reserve the right to report your actions to any such regulatory authorities as I see fit. You have 30 days from receiving this letter to contact me with your intentions to resolve this matter which is now a formal complaint. I therefore request a copy of your official complaints procedure which you are obliged to supply.

I would appreciate your due diligence in this matter and look forward to hearing from you, in writing within 30 days.

Yours faithfully,

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Lee_K

Lee_K

Posted
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Hello guys,

 

I sent the last letter off on the 4th of January by recorded delivery. The problem is when I try to track it, it just says my letter was sent and is now being progressed through the network for delivery. This status hasnt changed.

I went into the Post Office and asked what this meant and was told that the letter had been sent out but nobody was available to sign for it so it's gone to the nearest Post Office to wait for collection.

Now i'm worried that my letter just isnt going to get there. I was given a claim form to claim for my losses. I'm not too bothered about the cost of the letter just not sure whether or not I should send the letter again?

As you can see in my last letter it says I wanted a response within 30 days. Do the 30 days still stand? As I have confirmation the letter was sent?

Where do I go from here?

 

I also read online that someone else had a problem with the track and trace with the Post Office and got the same message but they were sure the letter got there in the end as they had a reply from it. So there's still a chance my letter has been received.

 

Cheers...

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MandM

MandM

Posted
Posted

I have also had a few like that. They seem to get there in the end usually. You've done your best and you have the track and trace receipt to prove that. If you're worried then fax them a copy with a short cover letter explaining that it did not appear to have been signed for - not your problem and the time limit still stands.

 

M

 

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Guest HeftyHippo

Guest HeftyHippo

Posted
Posted

its possible they were still closed , or had no staff because of the weather

 

do as M says, but add that you sent a recorded letter which wasnt signed for and they should contact the Royal Mail to arrange delivery.

 

But, there is a time limit to how long the sorting office keep unsigned for stuff, and you've probbaly gone past it. if so, I think you'll have to send it again.

 

However, in some cases, 'service' is deemed to have been made when the stuff is sent, even if not received. If the sorting office keep it for a reasonable time, say 2 weeks you could argue that they had time to collect it. i have a feeling its only a week though.

 

In summary, not quite sure of your position. I would try the "I sent it, its your responsibility to be able to accept service" approach and see ho wit goes. ie, if they dont facilitate service, they can't hide behind it

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Lee_K

Lee_K

Posted
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Well I did offer 30 days to respond and it's only been 16 days up to now so i'll give it the other 14 I suppose before getting in touch again.

 

I didn't want to resend the letter as it would give them another 30 days if they had already received my last letter. But as this was sort of "the final" letter to send them i'm unsure how to respond if they havn't received it.

 

Thanks for the quick replies!

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Guest HeftyHippo

Guest HeftyHippo

Posted
Posted

simply send them a reminder of your letter. the clock doesn't start again youre just reminding them.

 

are you sure the letter hasnt been delivered since?

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Lee_K

Lee_K

Posted
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What would I put in a reminder though? I'm not too bad when it comes to writing letters, but I wouldnt know how to word a reminder letter lol.

 

Well the status hasnt changed on the track and trace, so I havn't a clue! Maybe it has, maybe it hasnt!?

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Guest HeftyHippo

Guest HeftyHippo

Posted
Posted
What would I put in a reminder though? I'm not too bad when it comes to writing letters, but I wouldnt know how to word a reminder letter lol.

 

Well the status hasnt changed on the track and trace, so I havn't a clue! Maybe it has, maybe it hasnt!?

 

ooh, I don't know. Thats a hard one, lots of choice etc.

 

How about:

 

"Dear sirs

I write to remind you that my letter of XX Date (sent by recorded post) remains unanswered by yourselves.

 

For your convenience, a copy of that letter is enclosed. Note however that the deadlines stated in that letter remain and are not extended by this reminder.

 

I look forward to your response by the yy Date"

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Lee_K

Lee_K

Posted
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Posted

Well this is the letter I sent to them which I can confirm was delivered today by special delivery:

 

Dear Sir/Madam,

I write to remind you that my letter, sent by recorded delivery on the 4th of January 2010, remains unanswered by yourselves.

 

For your convenience, a copy of that letter is enclosed. Note however that the deadlines stated in that letter remain and are not extended by this reminder.

 

I look forward to your response by the 3rd of February 2010.

 

Yours faithfully,

But what happens if I dont get a response from this letter? What should I do? In my previous letter to this I stated:

 

Should you refuse to comply, you must within 30 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 not respond within 30 days I expect that this means you agree to remove all such data.

So do I just presume they have agreed to remove all data? I have a sneaky suspicion i'll get a response sometime in the next 2 weeks or so. But will the matter still stand?

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MandM

MandM

Posted
Posted
Just send them a copy of your original letter with a covering letter explaining the steps you're going to take ie. reporting them to TS, the OFT, your MP and the ICO ;)

 

As BB pointed out, start complaining. They can't enforce through court without the CCA, particularly as you will now write confirming that due to their inability to reply the account is now in serious dispute. ;) Stalemate for now.

 

M

 

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Lee_K

Lee_K

Posted
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Well I sent another copy of the original letter with my reminder letter which I know was received on Monday just gone, I have a feeling I might get a response towards the end of the week, but if not then i'll write another letter as you mentioned, stating that I will be reporting them to the OFT etc.

 

Thanks for the replies, i'll keep you updated as it go's!

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Lee_K

Lee_K

Posted
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Well this is the letter I have come up with which I intend to send on Friday by special delivery, meaning it should arrive there exactly a week after my previous reminder.

Dear Sir/Madam,

I write to remind you that my letter, sent by recorded delivery on the 4th of January 2010, still remains unanswered by yourselves. I also sent a reminder by special delivery which I can confirm was delivered on the 1st of February 2010. This also contained a copy of my previous letter for your convenience.

 

I have enclosed copies of both these letters. But please note however that as you have failed to respond within the 30 day deadline stated in both my previous letters, I will be making a formal complaint to the office of fair trading. I therefore request a copy of your official complaints procedure which you are obliged to supply.

Yours faithfully,

 

 

So how does that sound? Anything I should maybe change or add?

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Lee_K

Lee_K

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Thanks, just wanted to make sure I hadn't missed anything out. I'll be sending it off tomorrow, to arrive on Monday by special delivery, and as I said i'll keep this updated as it go's...

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Lee_K

Lee_K

Posted
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Well I sent the above letter today by special delivery and was told it should be there by 1 o clock tomorrow which I will be able to check with the 'Track & Trace'.

In the letter I requested a copy of the official complaints procedure. But what happens if once again they just dont reply to my letter? Seeing as this is like the 4th or 5th letter I have sent by recorded / special delivery and have yet to have a response to any of them, i'm not holding out for a response with this letter either. But how long am I supposed to wait to get a response? A week? A month? And then if or when I dont get a response what do I do? Go ahead and make a complaint with the OFT stating that they have failed to respond to any of my letters?

 

Also, i'm sending the letter to the address in this letter that they sent me a while back:

http://www.myimgs.net/images/aryp.jpg

That is the only letter I have received from them regarding my loan. Is that the right address for me to be forwarding these letters to?

 

Apologies for all the questions, and much appreciated for the help...

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