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    • (b) the defendant responding within a reasonable time - 14 days in a straight forward case and no more than 3 months in a very complex one. The reply should include confirmation as to whether the claim is accepted and, if it is not accepted, the reasons why, together with an explanation as to which facts and parts of the claim are disputed and whether the defendant is making a counterclaim as well as providing details of any counterclaim; and   The defendant is required to reply to the LBA in a way specified in the Practice Direction apparently.     https://www.justice.gov.uk/courts/procedure-rules/civil/rules/pd_pre-action_conduct#6.1
    • Good luck with the case – we are all following you. However, there is no breach of pre-action protocol by failing to reply to a letter of claim. I don't know where your friend gets that from. Maybe you'd like to give us the source of that wisdom
    • I am not suing the dealer. They are very slippery, willing to lie and It is very likely that I am going to have to sue them under the GDP/DPA2018 as they are really messing around with my data. So far they have sent me what they claimed was all the data, and when I challenged them about some documents I know they have, they claimed LPP, then when I said LPP didn't apply they sent those, but they have still failed to disclose a single piece of communication with Creation and there is a distinct lack of internal correspondence on this whole matter.   I have just sent the detailed particulars of claim to Creation and the certificate of service N215 and copies of the particulars to the CCBC.   With regards to Creation and the LBA, I spoke to a friend who has just bassed the bar exams and who does county court advocacy work as a part time job and he said he can see no reason why someone would acknowledge an LBA but decline to reply. It is clearly a breach of the pre action protocol and if the court decides my claim is without merit it would be easy to argue they shouldn't get costs. He says the standard practice he sees from parties when ignoring a letter is generally to act like they didn't get it and feign surprise, so by acknowledging it Creation have not helped themselves apparently.
    • It's a shame that you won't so assertive and cautious when you bought the car. You might not have found yourself with this problem
    • If you believe  it is starting to drone on then I suggest, you don't read it? I was referred to TS as you can't directly raise an issue with them, so having had contact from my local TS on the issue of the invoice, which they stated was a legal/criminal issue, I am now awaiting to see what his local TS are going to do re that.    I'm not sure why I would have to disclose what is wrong with the vehicle, because that is irrelevent under the 14 day right to cancel (extended by 12 months). No reason needed.   Again I repeat,  I am not paying for the return of the vehicle because I am not required to do so!    Perhaps this thread might help another who find themselves in a similar predicament,  but by all means delete it if you wish.      I have also stated that I am awaiting to be assigned someone from Citizens advice to help me with the issue of bringing it to court, so no I am not hung up on TS "power" to sort it out. 
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Capital One


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Hi - can anyone help, I wrote to Cap One and requested a CCA - never received it so sent the next letter and now have received the attached document. The signature they have is in my married name and when I got divorced the card was cleared. The debt they are chasing is in my maiden name, and they have no signature. There are two sets of agreement, as I said, one signed and one not. Any help or advice would be greatly appreciated. Desperate to get this sorted.

Cap1V3.pdf

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Hi,

I'm sure others will reply but here's my view.

 

The two sets of T's&C's are from different times (V9+V14) so I assume the V14 one was the updated terms

 

I would suggest the signature page is a stand alond page with nothing on the reverse and as such, a pile of poo

 

I am a little confused though. Are you saying you took this card out in your maiden name but the signature is in your married name?

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I had a card when I was married, and that was cleared - so first account was in my married name and I thought I had closed it. After my divorce I contacted them, to see about getting a new credit card, and they told me they would send a new card, this was then changed to my maiden name. I did not sign for a new card. Hence why there are two sets of documents, one which has been signed and one which hasn't. Does this make sense to you?

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I think the only way to find out what is going on is to SAR Cap1

 

I suspect that they just issued you a new card because they didn't full close down the original so no signature would be required.

 

I would put the account into dispute as the signature page has none of the required terms within it.

There is this letter

http://www.consumeractiongroup.co.uk/forum/showthread.php?270666#post3061534

 

or you could use letter 9 here:

 

http://www.consumerforums.com/resources/templates-library/86-debt-collectors.html

 

Do you know whether any of this debt is made up of charges?

 

I'm sending you a pm

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It would definitely be worth sending a SAR then. Any charges you have paid can be reclaimed and you can include compounded interest on it as well. In some cases, this has more than wiped out the original debt.

Once you get a SAR back, it should include statements from the inception of the account(s) and when you do the calculations, you can work out which route to take. Either reclaim the charges or go for unenforceability.

I like the first letter :-o

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If you send letter 2 in the second link I posted above, that is the better SAR to send.

Enclose a £10 postal order.

You will need to sign the SAR but I would make it slightly different to your normal one,just in case

 

They have 40 days(from receipt) to respond. Send it by recorded delivery

If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

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