Curious twist on two CCA requests-they are taking me to Court!

[Valdez is Coming]

Hi Laiste....or should l say Hail Laiste!

Have just spent an hour or so reading this thread from start to present.You are one tough cookie with undoubtedly a keen legal brain and the determination to succeed!

 

I am just starting to defend a court claim from A&L and your fight, detailed over the past months, has really helped me and inspired me to fight back.

 

Thank you and please accept my best wishes. I know you wil defeat these arrogant b******s! They will pay the $100!

Regards........Bob Valdez

[Laiste]

Hi Valdez,

 

What a really lovely message, thank you! I'm not sure I'm worthy of such high praise, but I am really heartened by your comments!

 

I am very determined, but I think its the only state of mind that works when dealing with the banks and credit card Companies! Giving in and acquiescing are not concepts I'm familiar with! I have spent many long hours pouring over law books researching this area of law and getting to grips with legal procedure, so that I can deal with whatever is thrown at me. It's the only way, otherwise in my opinion, you put yourself at a considerable disadvantage, particularly when you are fighting to get the debt expunged and seeking compensation also.

 

I am absolutely delighted that you say that I have helped and inspired you in your fight with Alliance&Leicester, that is a truly lovely compliment. I really want people to learn from my experience, not just what I've done right, but the mistakes I've made as well, so that you can use the information advantageously in your disputes. We can all learn so much from each other, which is what the banks and credit cards are afraid of....and they should be!

 

I have a dispute with A&L also. They haven't started legal proceedings yet, but I can't wait until they do, because I absolutely hate them! Show them no mercy whatsoever, they are an horrendous Company, well it's MBNA, odious doesn't even come close as a description of them! Keep me posted on your progress, I wish you every success in defeating them, persistence and dogged determination definitely does and will pay off!

 

Many thanks for your kind words and good wishes.

 

Regards,

 

Laiste.

[The Lantana]

Laiste, I've just read through this epic thread. I have so much respect for you, your struggle is truly an inspiration and your efforts have lifted my heart. The very best of luck with the outcome.

 

Regards

 

Lantana

 

PS. If you go to work for the Banks when you've finished your legal studies, God help us all!

[Laiste]

Thank-you for your support Lantana, it is very much appreciated! It certainly is an epic, in fact I'd be very surprised if there isn't a film made about it when it's all over!

 

Work for the enemy, me? NEVER! Hell will freeze over first!

 

Tommorow, I am going to reveal what little games HFC and their sols have been upto and the bizarre decision of the Distict Judge! I am dying to know everyone's thoughts, so feel free to voice your opinions and comments! You simply will not believe what has gone on! I apologise for not spilling the beans tonight, I'm very tired and its going to be a lengthy post!

 

Regards,

 

Laiste:)

[oz4725]

Hello Laiste

 

For the first time in modern history i've missed Match of the Day sunday morning repeat! Why! Because your threads the dogs gonads!!.

If that vain excuse Beckham is goldenballs, then you have gotta be "Great Big Huge Enourmous, Come and av a go if you think your ard enough Balls of Steel".

Living proof and an inspiration to many of us of what can be achieved.

 

Well Done! (Now, come on girl, get your ass up out of bed and get typing, or i'm gonna end up smokin again and using your thread as a guide will be forced to sue you for the price of 10 L&B and a box of matches!!!! )

 

Take Care Mate

 

Oz

[Laiste]

Hi Oz,

 

I fell about laughing reading your post earlier! You'll be kicked out of the men's union for missing Match of the Day, Sunday repeat, in favour of reading this post! What an honour! When I told my husband of the sacrifice you have made, he came over all faint and I had to revive him with smelling salts!:grin:

 

I understand what my husband's talking about now when he calls me a ballbreaker...! Not me surely! I'm a harmless wallflower!

 

I don't want to be sued for the resumption of a smoking habit, but you will have to wait a little longer! I need some caffeine before I type up the next chapter! I'm off to get my fix, back soon!

 

Laiste:)

[JonCris]

Laiste.........I don't know how your hubby puts up with you.......your such a tease

[Laiste]

Ballbreaker and a tease...? I'm certainly getting quite a reputation! Hubby puts up with me no problem....he enjoys it, he likes those qualities in a woman!

 

Laiste.

[Cornucopia]

Ballbreaker and a tease...? I'm certainly getting quite a reputation! Hubby puts up with me no problem....he enjoys it, he likes those qualities in a woman!

 

Laiste.

 

I am SO excited! I have been waiting for an email alert all morning, hope you're typing like a demon Laiste!!!!

 

Can't wait to hear your news..............

[Guest Battleaxe]

Laiste is too busy replying to the posts, leave her alone so we can get on with the story.

[Cornucopia]

Laiste is too busy replying to the posts, leave her alone so we can get on with the story.

 

Axe, stop being scary!!!!

 

Oh my GOD! My refresh button has now exploded!! Laiste, WHERE ARE YOU??!!!!

[Guest Battleaxe]

Laiste is busy typing her story.

 

Hope your refesh button starts functioning Cornucopia:rolleyes:

[Laiste]

Hi Cornucopia,

 

Sorry I haven't posted the details! Unfortunately, in the midst of all the bizarre things going on with HFC, my husband's elderly father is seriously ill and we have to drop things at a moment's notice as you can appreciate. I apologise for keeping you all on tenterhooks!

 

I am working upto typing it tonight, which I will endeavour to do, its just been a stressful day!

 

Laiste.

[Cornucopia]

Hi Cornucopia,

 

Sorry I haven't posted the details! Unfortunately, in the midst of all the bizarre things going on with HFC, my husband's elderly father is seriously ill and we have to drop things at a moment's notice as you can appreciate. I apologise for keeping you all on tenterhooks!

 

I am working upto typing it tonight, which I will endeavour to do, its just been a stressful day!

 

Laiste.

 

Oh you poor girl, I do understand, extremely stressful. Axe knows I know how it can be

 

For goodness sake, leave it tonight, give yourself a rest. Nothing is more important than your family:)

 

I am sure I speak for everybody when I say we will wait with baited breath and send all good wishes for your father in law.

 

xx

[PriorityOne]

Don't worry about us Laiste... we are not going anywhere !! I hope your father-in-law makes a speedy recovery.

 

Lots of love and best wishes to you all...

[Laiste]

Hi Guys,

 

Thanks for your support and good wishes, things are really up and down at the moment, which is why I'm here one minute and gone the next! Family of course comes first, and it's proving challenging dealing with everything, especially as this is not the only case underway....! A company called IND bought a debt from B/card and we are at the allocation Q stage with that. Halifax have just started proceedings and I have to file the defence and counter-claim by the 28th! Add to all this, hubby being at the start of legal proceedings against his employers, for a long list of misdeads you wouldn't believe, and which is going to be a nasty fight(they are despicable)and you have one very busy

schedule!

 

I will nevertheless endeavour to type up the story sometime today! I bet you're all tired of waiting aren't you?

 

Laiste.

[JonCris]

YES going potty here

[Laiste]

Don't go round the bend Joncris, all will be revealed a bit later! I'm going to start writing the tome now.....!

 

Laiste.

[Laiste]

I'm not a happy bunny! I've just spent one and half hrs typing up the tome and I don't know how but I've lost it all, its just disappeared, I could scream!

 

Can any of you knowledgeable people tell me, if I type the details in a word document, will I be able to import this into the message? I really don't want to type this all again, for possibly the same thing to happen.

 

Thanks,

 

Laiste.

[JonCris]

Yes type into word then cut & paste

[Tobes]

try and click the back button, it may still be lurking somewhere

[sohoscribbler]

Google desktop is quite good for recovering files.

[Guest Battleaxe]

You could take the word document into Photobucket and upload it from there, or a simple cut and paste from Word

[Laiste]

Thanks guys,

 

I'll cut and paste it. I need straightforward instructions where computers are concerned! I'll post it as soon as I get time today.

 

Laiste.

[Laiste]

Hi everyone!

 

If you’re all sitting comfortably, then I’ll begin…. .(again)!:o

 

Before I explain what’s been happening recently, its important that I provide some background details, which will give you the full picture in respect of the games that HFC have been playing and the rather bizarre recent Court decision!

 

The fun and games essentially began in earnest when I first made a request for information from them in Oct 06, and subsequently, when I submitted the counter-claim (cc) in Dec 06. So the 1st request for info under the DPA 1998, was made in Oct 06. It was a fairly short letter, which I sent to HFC’s sols, for it to be passed on to HFC. The letter specifically stated this, as I knew the sols could not provide the info. The only reason I did this was because the a/c was the subject of legal proceedings and being reasonable, it was appropriate to keep HFC’s sols in the loop over any action I was taking concerning the a/c. The info I required, after all was intended to be used in the case. This is where the fun starts. The sols kept hold of the letter for over 2wks, then decide to write saying that they could not provide the info and that DPA requests should be directed to HFC. I never asked them to furnish the info, I asked them to pass the request to their clients! Deliberate misunderstanding of my letter me thinks! Why did it take them over 2wks to write? Their letter was no more than a paragraph long!

 

It’s somewhat odd that having liaised with their clients quite happily over the CCA request that I sent to them when they first took action, they were unable to pass on the DPA request! Given that DPA requests have a 40 day compliance period, I think the sols were doing their bit to delay/prevent me getting the info I required to support my case and prepare my arguments in time. When I got the letter from them, initially, I was furious, but gave the situation some thought and decided that I was going to give HFC’s data protection dept plenty of work to do, to keep them busy for a while! In my re-drafted DPA letter, I had a long list of requirements, which obviously was all necessary information, and I was glad I had taken the time to properly consider exactly what I needed to assist me in my case. Of course, it is my view that the sols delayed writing to me, to secure some perceived advantage in the proceedings.

 

Unfortunately, things don’t go exactly according to plan with the letter! I finished it to send on the 10th Nov 06 (if memory serves). I was very busy and asked hubby to post the letter. Obviously, the golden rule is send everything by r/d or g/d to ensure delivery. My recollection of the conversation with hubby was that I told him to send it by g/d, he disputes that. So, it was sent by ordinary post, which I found out once the 40 days were up! When I saw hubby in the evening of the day the letter was posted, I asked him did he send it and he agreed. My understanding of that chat was not only that it was physically posted but sent by a guaranteed method. In effect I was asking two different Q’s and expecting hubby to read my mind! I presumed he knew that all letters I send to banks, c/c’s and DCA’s are always sent by r/d or g/d! So I settled into my ignorance of the situation, made a note in my diary when their time was up and got on with things! I’ll come back to this….

 

I overlooked filing and serving documents to HFC’s sols and the Crt in Nov 06, the outcome being that I received a Crt Order stating that if the relevant paperwork wasn’t filed&served by the 8th Dec, Judgment by Default would be given to the Claimants. Which was fair enough. I prepared the necessary documents and also had my counter-claim to submit also. Why I didn’t submit it in the beginning, is not really relevant to this message, suffice to say the Court accepted it. The documents and the cc were taken to the Crt and sent to the sols, by the deadline. The very important point to bear in mind here is, that the Claimants would have obtained Judgment if the info had not been submitted to all concerned by the 8th Dec. You’ll understand why that threat by the Court is of such importance, when you contrast it with the decision a Judge has made in the past week!

 

After the cc was received by the sols, their behaviour took an odd turn (IMO) but see what you think. There were plenty of things in the cc to give them a headache, which was great! From the 8th Dec onwards, their sols went eerily quiet. I believed they were unsure what to do and therefore opted for silence. The Order that required me to submit paperwork by the 8th also contained instructions for both parties regarding dates for submitting trial bundles, case summaries and skeleton arguments. These dates were in the 1st wk of Jan 07, the trial date listed in these Directions as the 9th Jan 07. I’ll come back to what happened regarding the submission of paperwork.

 

Returning to the DPA request, the 40 days are up, it’s the 22nd Dec 06. I didn’t concern myself, as their failure to comply in time, adds weight to my arguments in Court. I just thought the info was late at that stage, thinking it’s because of the xmas post. End of Dec and I’m beginning to think it’s not turning up at all, which is not good news as the trial is in just over a week! I ask hubby for postage slip to check delivery, we then engage in WW3 as the facts unravel. If I had known straight away, I could have sent a 2nd request in the proper way. Well it’s too late for that and I begin to have that sense of foreboding, that the info wasn’t coming and HFC would deny receipt of the letter! I wouldn’t be disappointed by my mystic meg predictions….!

 

I quickly set about applying for the trial to be adjourned as I did not have the evidence to go to trial. I also wrote, by guaranteed next day delivery, to HFC regarding their non-compliance with the SAR, knowing full well that they would send a denial of receipt letter, with all the smugness they could muster within a few days. Sure enough, a senior manager within their exec complaints dept, wrote back saying as expected. The snotty cow also had the audacity to re-iterate the point made by the sols, that SAR’s had to be sent to them directly! Did the silly cretin not read my letter? It categorically stated for the letter to be passed from the sols to HFC! Is reading a redundant qualification these days or was my instruction so complex, it was impossible for them to understand? She was at pains to give me a step by step guide to making a SAR! I was quietly seething at this point! My usual response in such a circumstance would be to send a Laiste sarcastic special; but given that I had in addition to asking the Crt for an adjournment, also informed them that the claimants had failed to comply with the SAR and were being unco-operative, I decided to wait and see what the Judge was going to instruct them to do….!

 

The 2nd bit is coming shortly, I’m typing away as you read!

 

Laiste:)