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    • Another consumer who thinks that by being reasonable and patient with Currys, that Currys will be reasonable with them in return. Bless. Of course I do hope that you get a resolution this way but in fact we have found over a longer time now that Currys was a dishonest and quibbling little company that takes advantage of its customers innocence to deprive them of their consumer rights. "In due course" is completely unacceptable but if you go along with that it means that you have handed the reins over to them and allow them to take control. There is no reason for this matter to take more than a week for them to sort out and so I would suggest that your best course of action send them a letter of claim giving them 14 days or you will sue them in the County Court. That gives them ample time to sort the matter out and also means that if they eventually come back to you "in due course" refusing to honour their obligations, then you don't have to wait a further 14 days. You can pretty well launch into action immediately. You said you had all your legal documents ready but I asked you if that meant that you had sent a letter of claim and you haven't replied.
    • Thank you for your reply. Yes the hob was bought Sept but not installed until early Dec, started showing faults almost immediately but because it was 'bought' over 30 days Curry's washed their hands of it. The hob cost £229.00 and I still have it here. Yesterday I sent an email to Alex Baldock CEO of Curry's and I received a reply almost immediately from his office who have passed it onto their 'Executive Resolution Team' who will investigate and respond to the matter in due course. The email sent was more or less the exact copy of the one that I posted here so we will now wait their investigation and I will let you know the outcome.
    • The shortage of semiconductors is continuing to have a major impact on industries around the world.View the full article
    • Hi CAG,   First time poster here.   I would like to start off by saying that I've read through various threads and it's quite heartwarming to see the level of attention and support you give to people dealing with often stressful and anxiety inducing circumstances. I'll certainly be making a donation as this is truly a valuable resource.   I've read several similar threads to my own situation but I thought I'd seek your advice.   I opened a letter just a few hours ago from London Collection and Compliance Centre which is dated 11th January 2022 for an amount totalling £870.68. I'll attach a copy below. I can't quite remember the date of the initial offence. For context, I boarded a bus (I believe in 2018) and unbeknownst to me, my contactless card did not register correctly on the reader. I had my headphones in with music playing and was sat for my journey and then was approached by a ticket inspector who informed me that I did not tap and therefore was unable to provide proof of a valid ticket. Despite explaining the circumstances, I was asked for my details which I provided in full. I was honest and forthcoming with the ticket inspector but I wasn't aware this would amount to a fine as I was provided with a printed pass for the remainder of my journey. I accept liability for not being able to provide proof of a valid ticket and do not wish to dispute this regardless of intent.    I'm not entirely sure why I didn't pay the fine upon receipt of TfL's initial correspondence but I'm a long time sufferer of anxiety and depression which at times is so debilitating that I'm unable to make the best decisions or carry out simple actions. Some of which would mean I wouldn't need to make this post. I struggled financially at the time of receiving this letter and further correspondence which placed I did not deal with correctly because of the mental state I was in. I struggled to cope with and stupidly I neglected my responsibility and buried my head in the sand. I made an error in judgement that I wholeheartedly regret.   As of writing (early hours of 26th January 2022), the 10 working days given in the 'Further steps notice' has elapsed (25th January 2022). I rarely receive mail and therefore I don't regularly check my mailbox. However, I decided to take a look today as I suspected I missed a Royal Mail delivery. I intend on calling the number on the letter at the earliest appropriate time in the morning and dealing with this matter. I'm desperate to right my previous wrongs as I've worked hard to deal with my anxiety by beginning therapy. However, like many others in this thread, I'm worried about the prospect of having a criminal record. I'm 26 years only and I don't have any previous convictions nor have I had any trouble with the law. I have a real love for the service TfL provides and I'm capable of listing off an endless stream of related trivia. I have no previous run ins with TfL and regularly travel on the network and pay the correct, full fare each time.    I'm worried about how this will affect my future in regards to employment and my intention of naturalising as a British citizen (I've been in the UK for 20 years now).   I'll note my primary questions below and would truly appreciate your advice.   a) If I get in contact with the number on the letter as soon as possible, will that be too late despite the close proximity to the deadline?   b) What would be the best potential approach to resolving this issue? (I'm unable to pay the amount in as a lump sum.)   c) If I were successful in arranging a payment plan/somehow paying the amount in full, how would that affect the court proceedings? Would this still result in a criminal record?   d) I've seen other threads which mention OOC settlements with TfL, would this be an option despite receipt of a 'Further steps notice' letter?   e) Should I end up in court or have the opportunity to speak to someone over the phone - will I be able to explain my circumstance and plead for leniency?   f) What other general steps would you suggest I take at this stage to mitigate the consequences?   Apologies for this post being so long, I wanted to include as much relevant detail as possible and I'm more than happy to provide any that's missing. I don't want to make excuses for myself. I completely accept I'm in the wrong for allowing things to get to this stage, despite the difficulty I had with my mental state but I want to do right by myself and deal with this. I'll post regular updates and be sure to include a conclusion once I deal with the matter regardless of the outcome.   Thank you in advance for looking at this post, I really do appreciate what you do.   IMG_2609.pdf
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..... a letter that explains to a DCA that the account is now in dispute with their client because an application form is not an enforcable CCA?

 

Hi all,

 

I am sick, sore and tired of trying to explain to Gothia/Red Castle idiots (Bonnie, that's you!) that I have a dispute running with BOI because when I CCA'ed them all they had was a unenforcable application form!

 

BOICreditApplication.jpg

 

BOI and these shower are not accepting the dispute even though the supposed CCA is absolutely, positively a crappy old credit card application form !

 

Is it time to start ignoring these idiots totally?

 

Cheers!

 

RI

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This any good?

 

Date: 2010

 

Ref: XXXXXXXXXXXXX

 

Dear Sir/Madam

 

Thank you for your numerous letters and silent telephone calls, the contents of which have been noted.

 

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 13 April, 2009 I made a formal request for a true signed agreement for the alleged account under Consumer Credit Act 1974 s77/8. This was signed for as delivered on the 14 April, 2009.You have failed to comply with my request, and as such the account entered default on 30 April, 2009.

 

The document that you are obliged to send me is a true copy of the executed agreement that contained all of the prescribed terms, all other required terms and statutory notices and was signed by both your company and myself as defined in section 61(1) of CCA 74 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. If the executed agreement was also superseded by later documents and regulations, you are to supply those. If you no longer hold a copy of the original signed agreement you should inform me of that fact.

 

Furthermore, you are aware that the Consumer Credit Act allows 12 working days for a request for a true copy of a credit agreement to be carried out before youenter into a default situation.

 

This limit has expired.

 

As you are no doubt aware section 78(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. You will also be aware of the CPUTR 2008 and the OFT's guidelines on  debt collectionlink3.gif which state under the title Deceptive and/or unfair methods - Examples of unfair practices are as follows - 2.8

 

(i) - 'Failing to investigate and/or provide details as appropriate, when a debt is queried or disputed, possibly resulting in debtors being wrongly pursued'

 

(k) - 'Not ceasing collection activity whilst investigating a reasonable queried or disputed debt'

 

Consequentially any legal action you pursue will be averred as both UNLAWFUL and 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 section 10 of the Data Protection Act 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 agencieslink3.gif.

 

Should you refuse to comply, you must within 21 days provide me with a detailed Breakdownlink3.gif 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 14 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 interestlink3.gif 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 14 days from receiving this email to contact me with your intentions to resolve this matter which is now a formal complaint.

 

I now ask for a copy of your formal complaints procedure and ask that this complaint be treated as my first formal complaint.

 

I will only deal with you in writing and through the medium of electronic mail which, as you are aware is traceable.

 

I also make a formal complaint against 'Max' - Agent 9779 who, whilst stating that your organisation adheres to Office of Fair Trading Guidelines on debt collection, feels it fair to: make more than 5 silent phone calls per day (silent as in answered but no-one on the other end) using mobile phone numbers thus hiding your identity - by making you harder to trace through web searches. I also complain about the fact that you bombard me with mail containing bills with details of how to consolidate finance - surely this is irresponsible and against O.F.T. guidance. You also invite people to pay their bill with credit cards - again strictly contrary to O.F.T. guidelines which state that you should not ask people to pay debts by taking on further debt. Max (9779) also states that you always comply with requests - I am still waiting for you to reveal all data that you held about me as at 1st May, 2009 when I made  Data Subject access requestlink3.gif as is my right under the Data Protection Act.

 

As you have failed to produce the correct documentation - which I paid for (£1 fee for CCA Request for each reference and £10 fee for the Data Subject Access Request), I now also ask that you return the fees to me without further delay.

 

 

I would appreciate your due diligence in this matter.

 

I look forward to hearing from you in writing.

 

Yours faithfully

 

 

 

Every journey begins with a single step :):)

 

Please note: I have no qualifications in this area - my advice is learned from the wonderful members of this Forum. Thanks to you all for your help.

 

If you have found my post helpful please leave a short message by clicking the star to the left of my profile - Thank You

 

The only person entitled to your Personal Finance details is a Judge not a DCA

 

Move all banking activity to another banking group if you have a dispute - your funds can be used to offset debts within the same group.

Be careful with Banking details (card/account numbers) as these can be used to take unauthorised payments.

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Or this?

 

Dear Sirs,

Account no xxxxxxxxxxxxxx

 

Re: my request under the Consumer Credit Act 1974

This account is in dispute .

On xx/xx/2009 I wrote to xxxxxxxxx requesting that xxxxxxx supply me a true copy of the executed credit agreement for this account.

In response to this request I was supplied a mere Application Form which did not comply with the requirements of the Consumer Credit Act 1974.

The document sent purporting to be a Credit Agreement does not contain any of the Prescribed Terms as required by section 60(1) Consumer Credit Act 1974. The Consumer Credit (Agreements) Regulations 1983 (SI 1983/1553) made under the authority of the “1974 Act” sets out what the Prescribed Terms are, I refer you to Schedule 6 Column 2 of SI 1983/1553 for the definition of what is required. Suffice to say none of the Terms are present in the document suplied.

Since this document does not contain the required Prescribed Terms it is rendered unenforceable by s127 (3) consumer Credit Act 1974, which states:

127(3) The Court shall not make an Enforcement Order under section 65(1) if section 61(1)(a)(signing of Agreements) was not complied with unless a document (whether or not in the prescribed form and complying with Regulations under section 60(1)) itself containing all the Prescribed Terms of the Agreement was signed by the debtor or hirer (whether or not in the prescribed manner).

This situation is backed by case law from the Lords of Appeal in Ordinary (House of Lords) the highest court in the land. Your attention is drawn to the authority of the House of Lords in Wilson-v- FCT [2003] All ER (D) 187 (Jul) which confirms that where a document does not contain the required terms under the Consumer Credit Act 1974 the agreement cannot be enforced.

In addition should you continue to pursue me for this debt you will be in breach of the OFT guidelines, I draw your attention to the Office of Fair Trading’s guidance on debt collection.

The OFT guidance which was issued July 2003 (updated December 2006) relating to debt collections and what the OFT considers unfair, I refer to page 5 of the guidance which states;

2.6 Examples of unfair practices are as follows:

Ignoring and/or disregarding claims that debts have been settled or are disputed and continuing to make unjustified demands for payment.

I require you to produce a compliant copy of my credit Agreement to confirm I am liable to you or any organisation, which you represent for this alleged debt, if you cannot do so I require written clarification that this is the case. Should you ignore this request I will report you to the Office of Fair Trading to consider your suitability to hold a credit licence in addition to a complaint to Trading Standards, as you will be in breach of the Administration of Justice Act 1970 section 40

Since the supplied Agreement is unenforceable it would be in everyone’s interest to consider the matter closed and for your client to write the debt off. I suggest you give serious consideration to this as any attempt of litigation will be vigorously defended and I will counter claim for all quantifiable damages

I respectfully request a response to this letter in 14 days

 

I trust this out lines the situation

Print name do not sign

Every journey begins with a single step :):)

 

Please note: I have no qualifications in this area - my advice is learned from the wonderful members of this Forum. Thanks to you all for your help.

 

If you have found my post helpful please leave a short message by clicking the star to the left of my profile - Thank You

 

The only person entitled to your Personal Finance details is a Judge not a DCA

 

Move all banking activity to another banking group if you have a dispute - your funds can be used to offset debts within the same group.

Be careful with Banking details (card/account numbers) as these can be used to take unauthorised payments.

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