cl finance v twoman

[twoman]

Tingy,

Absolute quality...to the point,lets see if they ignore again!

[twoman]

Hi All,

Ok update on CLF.

Have received these in response to my last letter to cl as advised by Tingy from CL and Cohens.

Quite ammussing really as i have been "charged" by them...getting carried away with themselves me think's.

Any advice much appreciated.

[Bazooka Boo]

Have you just made that up to get a rise out of CAGgers?

 

Is that what they have seriously sent you?

 

I think you are having us all on, no-one could ever be that incompetent????

 

Oh actually! I am mistaken this is of course the corrupt rotten to the core financial industry we are talking about, well, the OFT will be very pleased to see this...

[twoman]

Hi BB,

I recieved one letter yesterday and Cohens today........honest.

You mentioned OFT...please advise on what i should now.

[Bazooka Boo]

WoW, that is extremely comical!

BUT, I am not the one on the receiving end of their puerile missives!

 

So CL sent you the unenforceable default sums letter adding £1?

 

And Clowns sent you the computer generated threatogramme claiming the "Potential" costs that could be "Potentially" added to your account?

 

What a bunch of immature children, it is way past their bedtime...

 

Give the OFT&TS a heads up by contacting these guys http://www.direct.gov.uk/en/Dl1/Directories/UsefulContactsByCategory/Governmentcitizensandrightscontacts/DG_195948

They literally sit across from them both and will automatically pass your complaint to them.

 

Keep a diary of events, keep all letters & envelopes, above all else, enjoy the fantastic weather, debt collectors have NO LEGAL POWERS RIGHTS or qualifications.

[twoman]

Hi BB,

Saved all their letters etc abd i will contact the OFT/TS on Monday as advised.

Di need to respond to any of their letters.

[Guest]

that first letter of theirs for eg may be regarded as unfair/oppressive according to their own guide!? (note eg section re 'describing the legal process')

 

[ATTACH]27618[/ATTACH]

Edited May 15, 2011 by Ford
typo

[Tingy]

Dear Sir,

 

Your Ref: abc123

 

I am writing following receipt of your letter dated dd/mm/yyyy. May I please refer you once again to my letter to you dated dd/mm/yyyy (copy enclosed for your convenience). Until such time as you answer the questions originally and reasonably posed in this letter this account is still formally into dispute with yourselves which means I do not have to make any payments and you must cease all further collection activity until such time as this dispute is resolved to our mutual satisfaction. Realistically this means you answering the questions I asked of you. It also means you must stop threats of legal action etc... which are designed to harass and bully me into paying.

 

With regards to your letter dated dd/mm/yyyy, may I remind you once again that under the Consumer Protection From Unfair Trading Regulations 2008, Part Two, Section 7, sub-section 2 under the heading "Agressive Commercial Practices" the sending of a letter such as yours amounts to an aggressive practice. If you then refer to Sections 11-13 of the same legislation you will see the penalty for thhis is either a large fine, or imprisonment for up to two years for yourself, as the writer of the letter. It also goes directly against the OFT Guidance on Debt Collection and the Lending Code.

 

May I yet again ask that you answer the issues raised in my original letter and that you desist from any further harrassment until such time as you do this. Finally I would like to remind you that it is an offence to pass on an account to a third party when it is in dispute with the original creditor.

 

I also write to advise that all further letters will carry the same £1.00 charge that you have charged me. Attached you will find my Schedule of Charges which will apply from this point onwards. I realise this is an unusual step for a debtor to take, but you seem intent on ignoring a perfectly reasonable request that has now been made several times. Should you take me to court I am advised that the judge would acknowledge that I am in no way trying to avoid payment of this debt, but am simply asking a few basic questions before I agree any repayment plan.

 

I look forward to your reply and hope that this time you may actually answer my questions.

 

Yours faithfully,

 

 

Twoman

 

 

If you then search under my name for all posts you'll find a thread entitled something like "Dealing With DCA Bullies" - it's a very long thread, but in there, you'll find examples of letters and Schedules of Charges that people have sent to DCA's.

 

Alongside this I'd be inclined to put in a formal complaint to the OFT enclosing copies of your letters and their responses which should demonstrate to them that you are being reasonable and they are being threatening and bullish in order to try and frighten you to back down an get back into their nice neat line of debtors who do exactly as they tell them. No chance!

[intend]

Subbing - just love your letters - will read thread as well

 

Intend

[twoman]

Hi Tingy,

Once again thanks for your advice.

Will send letter off tomorrow.

[twoman]

Hi Tingy,

looked for that thread but could not find it.

[Guest]

this one? http://www.consumeractiongroup.co.uk/forum/showthread.php?257619-Turning-the-tables-on-DCA-Bullies

[twoman]

thanks fordy.

[twoman]

Hi All,

CL still ignoring my reasonable request to produce an agreement (they don,t have one...period) but recieved another default charge today of a quid.

Any thoughts?

[Tingy]

I don't know whether it will have any effect, but I do feel that you have genuinely made more than reasonable efforts to establish the debt exists in order that you can repay it. The following would therefore seem the next logical step to me. At least after this one you can ignore all further responses by simply copying the letter, putting it back in the envelope and returning it to them with the words NO CONTRACT written across the front as per Common Law. Obviously if they start getting serious, then you will need to act, but responses such as the ones you have received so far should just be copied and returned NO CONTRACT.

 

Dear Sir,

 

PLEASE READ CAREFULLY AS THIS LETTER CONSTITUTES A LEGALLY BINDING CONTRACT.

 

Your ref: abc123

 

May I yet again refer you to my letters sent on the following dates x,y and z requesting a copy of my agreement with you.

 

I am amazed at your apparent inability to read. Three times I have now made a clear and perfectly reasonable request for a copy of my agreement to be sent to me, yet none has been forthcoming.

 

I congratulate you on replying, but computers have spell checkers so this probably makes writing a little easier for you than reading, but you STILL have failed to respond to my request.

 

I have to admit this is getting somewhat frustrating, as is the fact that for some strange reason you feel you can charge me the fee of £1.00 every time you reply. I have no intention of paying these charges.

 

As you have failed to produce any agreement whatsoever, nor give any reason why this is the case I can only assume you do not hold any agreement. I am already witholding all payment to yourselves.The following therefore constitutes a legally binding contract between myself and you.

 

Without Prejudice

 

"If I do not receive either an explanation or a copy of my agreement within the next ten working days from the date of this letter, I shall assume that you have no further wish to pursue this alleged debt and that any contract or agreement that may have existed between us shall be declared null and void.

 

Any response other than one providing an explanation or a copy of my agreement will also render any contract or agreement that may have existed between us null and void.

 

After this time no further correspondance whatsoever will be entered into.

 

In order therefore for any alleged contract to remain in force you must, within ten working days of the date of this letter, produce a copy of the agreement or a reasonable explanation as to why you cannot do so. ANYTHING ELSE WILL RENDER ANY ALLEGED CONTRACT OR AGREEMENT NULL AND VOID."

 

I trust this makes my position clear and feel that this is perfectly reasonable considering the lengths I have already gone to in order to try and obtain a copy of my alleged agreement in order that if a debt does indeed exist I can set up a repayment plan. Your lack of response can only mean one of two things - either there is no agreement or you have no desire for me to repay the alleged debt.

 

I look forward to your reply.

 

Yours faithfully,

 

jgjfdghjdsgsjfhsdkjfhsjdkfhkj

[twoman]

Thanks Tingy...you know the more information you provide the more i feel confident in helping others.

It is important to word letters correctly ..which you have done.If it was me i would reply to just saying bull-locks and be done with it which would not help i know but then again i'm not the most tactful person either...

 

TKS.

[Tingy]

Hi,

 

I don't for one minute claim it would bear legal scrutiny as I doubt you can impose a contract on them. However, it looks the part and it might just make them sit up and take note. If all you get back is what you have been getting, do as the post says, photocopy it, put the original back in the envelope and return to them with the words NO CONTRACT written across it.

 

Also as said, be careful. If they start sending serious stuff then you may just have to reply to them, but until that time I'd give yourself a rest.

[BRIGADIER2JCS]

I like that we should all use it and see the and outraged confusion it causes:madgrin:

[twoman]

Hi All,

Latest response from clueless.

Well i did pay upto the said date...well done to them.but i stopped paying because

a,really wanted to know what i was paying

and most importantly

b,they could not produce an agreement with my sig on it...so sod em.

 

This really has become a game of letter tennis can any body adviseon a response that would put this to bed once and for all apart from F*** **F...

[Tingy]

Dear Sir,

 

Thank you for your letter dated dd/mm/yyyy the contents of which are noted but not accepted.

 

I write to inform you that no further correspondence will be entered into on my part until I am in receipt of a signed copy of my agreement. If you write, I will not respond until you comply with my request.

 

Yours faithfully,

 

 

 

 

 

 

That should do it! They may and probably will keep writing to you, but you've stated quite clearly you won't respond.

[twoman]

Hi Tingy,

How's your family now,hope everything is getting better.

Once again Ting thanks for your advice,really appreciated.

[Tingy]

All very slowly improving, but you don't recover from something that serious when you're 82! Thanks for asking, I appreciate it!

[BRIGADIER2JCS]

Wait for the recon forged) allegedly documents to appear!!

[twoman]

Hi Cags,

Update on this.

Received a letter from advantis LBA saying they have been instructed to commence recovery proceedings.

Do advantis take anybody to court.

[twoman]

bump....

 

any advice / thoughts,do i ignore or should i respond.

Nothing has changed since the last letter ping pong.