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    • Speaking of the reformatory boys, here they are with all of their supporters, some of whom traveled with them from miles away, all carefully crammed together and photographed to look like there were more than about 80 .. rather like Farages last rally with even fewer people crammed around what looked like an ice cream van or mobile tea bar ... Although a number in the crowd apparently thought they were at a vintage car rally as they appeared to be chanting 'crank-her'. A vintage Bentley must be out of view.    
    • in order for us to help you we require the following information:- Which Court have you received the claim from ? Canterbury If possible please scan redact and upload a full page copy of page 1 of the claim form. ( Name of the Claimant ? Moneybarn No 1   How many defendant's  joint or self ? One Date of issue – top right hand corner of the claim form – this in order to establish the time line you need to adhere to. 29/05/24 Acknowledged by 14/06/24  Defence by 29/06/24  Particulars of Claim PARTICULARS OF CLAIM   1.  By a Conditional Sale Agreement in writing made on 25th August 2022. Between the Claimant and Defendant, the Claimant let to the Defendant on Conditional Sale. A Ford Ranger 3.2 TDCi (200 P S) 4x4 Wildtrack  Double Cab Pickup 3200cc (Sep.2015) Registration No, ******* Chassis number ***************** (“The Vehicle”).  A copy of the agreement is attached   2.  The price of the goods was £15,995.00.  The Initial Rental was £8500.00.  The total charge for credit was £3575.;17 And the balance of £11,070.17 was payable by 59 equal consecutive monthly instalments of £187 63. payable on the 25th of each month.   3.  The following were expressed conditions of the set agreement,   Clause 8: Our Right to End this Agreement  8.1   Subject to sending you the notice as required by law, any of the following events will entitle us to end this Agreement: 8.1.2  You fail to pay the advance payment (if any) or any of the payments as specified on the front page of this agreement or any other sum payable under this Agreement. 8.1.3 If any of the information you have given us before entering into this Agreement or during the term of this Agreement was false 8.1.4 We consider, acting reasonably, that the goods may be in jeopardy or that our rights in the goods may otherwise be prejudiced. 8.1.5 If you die 8.1.6 If a bankruptcy petition is presented against you; if you petition for your own bankruptcy, or make a live arrangement with your creditors or call a meeting of them. 8. 1.7 If in Scotland, you become insolvent or sequestration or a receiver, judicial factor or trustee to be appointed over any of your estate, or effects or suffer an arrestment, charge attachment or other diligence to be issued or levied on any of your estate or effects or suffer any exercise, or threatened exercise of landlords hype hypothec 8.1.8 If you are a partnership, you are dissolved 8.1.9 If the goods are destroyed, lost, stolen and/or treated by the insurer as a total loss in response to an insurance claim. 8.1.10 If we reasonably believe any payment made to us in respect of this Agreement is a proceed of crime. 8.1.11 If steps are taken by us to terminate any other agreement which you have entered into with us.   Clause 9.  Effect of Us Terminating Agreement   9.1 If this Agreement terminates under clause 8 the following will apply 9.1.1 Subject to the rights given to you by law, you will no longer be entitled to possession of the goods and must return them to us to an address as we may reasonably specify, (removing or commencing the removal of any cherished plates) together with a V5 registration certificate, both sets of keys and a service record book. If you are unable or unwilling to return the goods to us then we shall collect the goods and we'll charge you in accordance with clause 10.3 9.1.2 We will be entitled to immediate payment from you for all payments and all other sums do under this agreement at the date of termination 9.1.3 We will sell the goods or public sale at the earliest opportunity once the goods are in a reasonable condition which includes a return of the items listed in clause 7.1.4 9.1.4 We will be entitled to immediate payment from you of the rest of the Total Amount Payable under this agreement less: ( a) A rebate for early settlement ias required by law which will be calculated and notified to you at the time of payment (b) The proceeds of sale of the goods (if any) after deduction of all costs associated with finding you and/or the goods, recovery, refurbishment and repair. Insurance, storage, sale, agents fees, cherished plate removal, replacement keys, costs associated with obtaining service history for the goods and in relation to obtaining a duplicate V5 registration certificate   4, The following are particulars required by Civil Procedure Rules. Rule 7.9 as set out in 7.1 and 7.2 of the associated Practice Direction entitled Hire Purchase Claims:-   a)     The agreement is dated 25 August 2022. And is between Moneybarn No1 Limited  and xxxxxxxxx under agreement number 756050. b)    The claimant was one of the original parties to the agreement. c)    The agreement is regulated under the Consumer Credit Act 1974. d)    The goods claimed Ford Ranger 3.2 TDCi ( 200 PS) 4x4 Wildtrack Double Cab Pickup 3200 cc (Sep2015} Registration No ^^^^^^^ Chassis number ***************** e)     Thw total price of the goods £19570 f)     The paid up sum £1206 5 g)    The unpaid balance of the total price £7505 (to include charges) h)    A default notice was sent to the defendant on 20th February 2024 by Firrst class post i)      The date when the right to demand delivery of the goods accrued 14 March 2024 j)      The amount if any claimed as an alternative to delivery of the goods 7505 22 include charges ]= 5.  A the date of service of the notice the instalments were £562.89 in arrears. 6. By reason of the Termination of the Agreement by the notice, defendant became liable to pay the sum of £7502 7. The date of maturity the agreement is 24th August 2027. 8. Further or  alternative by reasons of  the Defendant breaches of the agreement by failing to pay the said instalments, the Defendant evinced an intention no longer to be bound by the Agreement and repudiated it by the said Notice the claimant accepted that repudiation 9. By reason of such repudiation the claimant has suffered loss and damage.   Total amount payable £19570 Less sum paid or in arrears by the date of repudiation £12064 97 Balance £7505 (to include charges.) ( The claimant will give credit if necessary for the value of the vehicle if recovered.)  The claimant therefore claims 1.    An order for delivery up of the vehicle 2.    The MoneyClaim to be adjourned generally with liberty to restore,  Upon restoration of the MoneyClaim following return or loss of the vehicle. the Claimant will ensure the pre action protocol for debt claims is followed. 3.    Pursuant to s 90 (1)  of the Consumer Credit Act 1974. An order that the Claimant and/or its agents may enter any premises in which the vehicle is situated in order to recover the vehicle should it not be returned by the Defendant 4.    further or alternatively damages 5.    costs.   Statement of truth The Claimant believes that the facts stated in these Particulars of Claim are true. The Claimant understands that the proceedings for contempt of court may be brought against anyone who makes or causes to be made a false statement in the document for verified by statement of truth without an honest belief in its truth. I am duly Authorised by the Claimant to sign these Particulars of Claim signed Dated 17th of April 2024   What is the total value of the claim? 7502   Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? No   Never heard of this   Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? No   Did you inform the claimant of your change of address? n/a Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? No   When did you enter into the original agreement before or after April 2007 ? After  Do you recall how you entered into the agreement...On line /In branch/By post ? In a garage  Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ? Yes  Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. Original Were you aware the account had been assigned – did you receive a Notice of Assignment? n/a   Did you receive a Default Notice from the original creditor? They said sent but nor received   Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? None seen   Why did you cease payments? Still Paying,   What was the date of your last payment? Yesterday  31st May 2024   Was there a dispute with the original creditor that remains unresolved? No   Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? Yes on 12 Feb 2024   What you need to do now.   Can't scan, will do via another means as you cant have jpg
    • Now that is an interesting article which adds afew perspective that I hadn't thought significant - but on reflection of the perspectives offered ... Now Starmer is no Blair, however 'blairite he may be perceived, but the Tories aren't tories and aren't even remotely liberal   The fast 'unannounced and unexpected election call from sunack may well be explained by the opinion linked that he hoped reform would be unprepared and effectively call a chunk of Farages largely empty bluster - making him look even more of a prat, leave scope for attacks on shabby reform candidates and mimimise core vote losses to reform - while throwing the 'middle ground' (relative) tories TO THE DOGS - and with the added bonus of likely pacifying his missu' desire to jogg off to sunny cal tout suite somewhat   thumb in the air - I expect about 140ish tory seats, but can hope for under a hundred Reform - got to admit the outside possibility of 1, maybe 2 seats with about 8% of the vote - but unlikely. I think projections of over 10% of the vote for reform is nudged and paid for speculation - but possible with the expected massive drives from Russian, Chinese and far right social media bot and troll prods targeting the gullible.
    • Commentary June 2024 WWW.ELECTORALCALCULUS.CO.UK Interesting article about just how bad it could be for the Tories.  Also Tories could be hoping on Reform not having candidates in many seats, as they were not ready.  
    • Even a Piers Morgan is an improvement and a gutless Farage Piers Morgan calls for second Brexit referendum WWW.THELONDONECONOMIC.COM Piers Morgan and Nigel Farage have faced off over Brexit and a second referendum in a heated reunion on BBC Question Time.   “Why don’t we have another referendum about Brexit?” he questioned. “I seem to remember when 2016 came around we were told there was going to be control of our borders and it was going to be economically beneficial to this country. And eight years later we have lost complete control of our borders… and economically it seems to have been a wilful act of self-harm.”   ... Piers missed off : after all somebody said a 48/52 decision would be "unfinished business" by a long way - was that person just bul lying (again)  
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      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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Barclaycard Cabot Harassment for old Barclaycard debt - in scotland - Please help


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Many thanks again citizenB

i shall copy this non compliance letter today and get it away tomorrow.

 

I wasn't sure if the 12+2 meant 14 working days and i was allowing for the two bank holidays good fri + Easter mon.

 

Now I have received a letter from Barclaycard CC to say they are sending a doorstep collector to my home on 23/4/09...

thats thursday they want me to call them if this is inconvenient (which it is as my husband is not a well man and i dont want them coming to my door.

 

Would you suggest calling them or let them come and get my daughter to answer the door.

 

I have just sent my £10 P.O. and request for charges/statements today.

 

Would you call them? .

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Nope, definitely do not telephone them. Another letter for you to post where you are threatened with a Doorstep visit:) You are advising that all communication is to be done in writing.

 

http://www.consumerforums.com/resources/templates-library/86-debt-collectors/590-letter-used-when-a-dca-threatens-a-doorstep-visit-.html

 

It is not unknown for a visit to actually be made, however it is usually just a threat in order to get you to phone them. Dont, they will say things to you on the phone that they wouldnt dare to repeat in a letter, which is why you want all communication in writing. :)

 

I suggest you also print out a spare copy of the letter and keep it by the front door. Should they send a caller... then just calmly and quietly hand them the letter, and ask them to leave or you will call the police.

Edited by citizenB
spelling :)

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Good Morning citizenB

I am just about to post Debt Collector Doorstep visit letter and keep a copy at the door as they are due to visit tomorrow but have noticed that it states on this letter (Implied licence under English Common Law) would this still apply to me as i live in Scotland.

Sorry to be a bother was just frightened to send this letter in case it I was doing something wrong.

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Oh b*gger. Sorry, I dont know, I will amend your thread title to reflect you are in Scotland and try and find someone to confirm.. Dont post the letter just yet. :D

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Uploading documents to CAG ** Instructions **

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1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

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Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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There's an identical implicit right under Scottish Law. However, they haven't asserted that :). It looks on the face of it's just part of the ongoing scare tactics - they may (or may not) subcontract a local agent to visit you, but a mistake such as their reference to inappropriate law does make this appear to be a slap dash approach.

 

What you need to remember is that they are allowed to call at 'reasonable' times to discuss their concerns. However, you are not forced to make an appointment, or even be in when they call.

 

There is nothing wrong in you insisting that you would love to discuss the matter with them, unfortunately you require an independent person to verify and act as a witness to any discussions and this can be difficult to arrange, but should they wish to further discuss the matter in writing, it will have your immediate and urgent attention.

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Thanks Buzby, :D

Have we helped you ...?         Please Donate button to the Consumer Action Group

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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Many Many thanks busby for your help i shall sit and wait their visit tomorrow and let you all know what happens....This forum is a life saver to many people out there please all of you keep up the good work hopefully when I manage to work my way around the site I too can try and be helpful to people like myself.

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We've all been there - and the shared experiences on CAG help take much of the pressure off. There is still a stigma arrached to 'debt collectors at the door' but it#s not as if they're allowed to have 'Debt Collection' painted on their car... :)

 

Actually, before you lose the place with the visitor - asssuming he turns up at all - he'll probably be a local guy working for an agency that undertakes house calls for a large number of DCA, Their purpose is to collect money or elicit a response, they really don't care about the issues or the complications. Neither do you need to invite them in.

 

If the situation isn't as the agent describes to you (and it often isn't) don't get worked up, he's only getting around a fiver to visit you and will have a list of places he needs to get to , so it's not in his interests to linger or debate your problem - and if truth be told, it's none of his business anyway.

 

A good tactic if you inadvertently open the door to one, is ask to see some ID, this should bear the name of the company you recognise, NOT a third-party outfit that has been drafted in to chase your payment. Keep cool and say you've never heard of Acme Recoveries (or whoever), and as you don't discuss 'business' on the doorstep, get his client to write.

 

They normally tick the box there was nobody in and move on....

 

:)

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  • 1 month later...

Hi Folks

 

Received this CCA from Barclaycard yesterday seems to be only T & C's which it appears everyone is receiving from Barclaycard on this forum. Could they be trying to lead us up the garden path by sending everybody the same so that nobody really knows if they have a true copy or not until it is too late.....by that time they have taking you to court.

 

Any coments would be gratefully received.

 

Here is the copy of CCA I received from Barclaycard is appears to be only T & C's as I said above:

 

BarclayCard Page 1

BarclayCard Page 2

BarclayCard Page 3

BarclayCard Page 4

BarclayCard Page 5

BarclayCard Page 6

BarclayCard Page 7

BarclayCard Page 8

BarclayCard Page 9

BarclayCard Page 10

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  • 2 weeks later...

not enforceable, you could reply with::

 

Dear Sirs,

Account no xxxxxxxxxxxxxx

 

Re: my request under the Consumer Credit Act 1974

Thank you for your recent letter sent to me, the contents of which are noted. I appreciate your quick response to my original letter. However, the reply received by me does not fulfil your requirements under the Consumer Credit Act 1974.

The Act demands that I be supplied with a true copy of any properly executed credit agreement that exists in relation to the above account. I may ask for this on demand providing that a fee of £1.00 is paid. This fee was sent with my original letter.

My request remains outstanding. A copy of your current terms and conditions with no personal details on it, like the one you sent in your reply, does not constitute a true copy of any credit agreement that may or may not have been signed by me on the opening of this account. A blank agreement neither confirms that I am liable for any alleged debt to you, nor gives me any chance to evaluate whether any original agreement was ‘properly executed’.

I still require you to send me a true copy of the original credit agreement that you allege exists. As you will know, under the Consumer Credit Act 1974, a judge is not permitted to make any enforcement order unless the creditor can provide a true signed copy of the original credit agreement. This means that unless you can produce such an agreement, this alleged debt is not enforceable in law.

You had until xx/xx.2008 (12+2 working days after the request was made) to provide me with the true copy I requested. You are now in default of my request. Any account I hold with you is now in legal dispute. Whilst the account remains in dispute, you are not permitted to ask for any payment, nor am I obliged to offer any payment to you. Furthermore, whilst the dispute remains, you are not entitled to charge any interest on the account, nor make any further charges to the account. Additionally, you are not entitled to register any information on this account with any credit reference agency.

To register information with a credit reference agency, you must have written consent from the customer to collate and share such information. This consent is given in the form of a signed credit agreement, so until you produce such an agreement, you may not do this.

The requirement for consent to share data is a clear requirement of the Data Protection Act 1998. any such attempts to share my data without my consent will be met with a complaint to the Information Commissioners Office

The time limits, which are laid down in the Consumer Credit (Prescribed Periods for Giving Information) Regulations 1983 are clear. You must supply an executed credit agreement within 12 + 2 working days of a proper CCA request. If you fail to comply with a legitimate request the account enters a default situation.

To sum up, I will not be making any further payments to you until you provide me with the document I have requested. Whilst you remain in default of my request, you are not permitted to take any action against this account. This includes adding further charges and passing any information to the credit reference agencies.

I expect you to write to me confimring that the account has been closed and no further action will be taken.

I look forward to your reply.

Yours faithfully

 

Ida x

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  • 2 weeks later...

Hi everyone

 

Sent letter that ida advised telling them CCA not enforceable also sent fro charges, over the past 5 years the charges add to £706 they have sent me a letter offering £476.00 any idea what I should do accept or decline not sure what the chances are!! especially now I have challanged their CAA

ANy help/advice/comments greatly appreciated.

afw

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Hi,

 

It depends on what your trying to achieve, whats the balance on the account ?

 

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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if it will only make a small dent on the balance, you can still go the two ways.

 

you could go all the way with the charges to get the full amount and if there is still a a balance they go the cca go away route.

 

if the all charges will wipe it clean and try to get them to remove any default applied as well.

 

Ida x

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Hi Scott & Ida

Many thanks for you quick responses.

 

Cant remember what the balance is without looking it up but I think the balance was approx £1,900 so this would make a good dent on the balance. Then I could maybe hassel a bit with an offer of settlement seeing as you all seem to say that the CCA is not enforceable.

 

Cheers

Afw

Anybody else feel free to comment the more the merrier as they say!!

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if that's the case then refuse their offer and continue with charges claim

 

 

ida x

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Ta Ida your a gem thanks for the speedy reply you must know I am sitting here on egg shells waiting patiently for someone to guide me, you lot are true hero's/heroine's keep up the good work I was wondering I read a lot of posts regarding a cag caller rory who seems to be very well clued up however have not seen any posts/replies from him since I started on the forum I do hope he is okay as he seemed a treasure to have on this forum.

Cheers again Ida

afw

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  • 2 weeks later...

Hi everyone

 

After writting to Calders Finance (Barclaycard collections)for CCA on 28/5/09 I received a Blank copy (See copy in post No.1). I think we all came to the same conclusion not enforceable.

 

18/6/09 - Sent Account in Default again they sent me a Blank Copy of same.

 

1/7/09 - Re-sent Account in Default.

 

Today 16/7/09 - Received letter from Barclaycard "Not accepting Acount in dispute" letter.

 

Can anybody advise me what my next step should be they are asking for legal and documentary evidence to support my claim. Also they claim that what they have sent me has been interpreted in the High Court as an issue of what is an executed agreement.

 

Letter posted here:

 

Barclaycard Letter Page 1

Barclaycard Letter Page 2

Barclaycard Letter Page 3

 

ANy comments on what my next step should be greatly appreciated.

Cheers

AFW

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Page 2: They say the application form is designed to show you signed a contract with them. It still doesn't prove the existence of an executed agreement. If they have one, then why not just give you a copy to end the dispute? They don't have one, thats why.

 

Make a subject access request, specifically asking for a copy of the executed agreement and the T&Cs at the time the account was taken out.

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there ain't much you can do i'm afraid.

 

as youknow it's a waiting game.

 

if they had one surely they would just send it to get you to pay.

 

Ida x

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if you want to reply keep it simple

 

 

dear twats,

 

thank you for your letter dated xx/xx/xx, the contents of which have been notes.

 

I have already advised you why several times as to why this is account is in dispute ans still is.

 

Please be advised that i will not be offering any further payments or responding to any further communcation from you until I recieve a suitable response to my request under Consumer Credit Act 1974.

 

Now fook off

 

Ida x

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if you want to reply keep it simple

 

 

dear twits,

 

thank you for your letter dated xx/xx/xx, the contents of which have been notes.

 

I have already advised you why several times as to why this is account is in dispute ans still is.

 

Please be advised that i will not be offering any further payments or responding to any further communcation from you until I recieve a suitable response to my request under Consumer Credit Act 1974.

 

Now fook off

 

Ida x

 

But is it still in dispute, given that they have complied with the CCA request? There seems to be no other designation, at least that I can find, for an account that is uenforecable. I don't think that you can still say it's 'in dispute' after the have complied with CCA s77/78. I think it stays as 'unenforceable'.

 

We need to be clear on this, for it may trip us up with creditors.

 

And, yes, as Ida says it is indeed a waiting game. I am still swithering where to use s142 and go after them in the courts for a strike-out as I fear the judge could 'go the other way' on the day. Paranoia, I know, but sometimes that's a good thing.

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they have not fullfilled there obligation under the cca1974 and until they do so it is in dispute. they know exactly why it is and are hopeing craigers will fold.

 

only if they supplied something that was a cca but it was illegable for example then the 'wiording ' would change.

 

if anything this like is to go to court the more ammo you have the better ;)

 

 

the last RBS case the judge had noted that RBS had been advised many times why their cca was unenforceable due to lack of prescribed terms and didnlt take to kndly that RBS still went ahead with court and judged it as an abuse of court process.

 

Ida x

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