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CPUTR 2008 questions and advice....


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Trading styles designed to deceive and frighten

people into believing that all the world is chasing them.

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Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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One question if anyone can advise....

 

1-HSBC is the original creditor

2-Marlins have been assigned the alleged debt...yet the notice states HSBC as ASSIGNEE..:???:

3-Marlins then assigns debt to MCE Portfolio using these words

 

'MCE PORTFOLIO has had assigned to it all right,title,interest and benefit in your above account from Phoenix Recoveries (UK) Limited SARL-Marlin Recoveries.This means that MCE PORTFOLIO LTD now owns your account and the right to receive payment of the outstanding balance and has the benefit of any actions taken prior to the assignment.You are receiving this notice from us because MCE PORTFOLIO LTD has appointed us as its managing agent on its behalf.

 

4-then a letter from NEWMAN DCA states

We have been instructed by the above named creditor regarding this outstanding debt.They have passed this debt to us for collection of the outstanding balance.As we have been appointed their agent you should now make sure you contact us directly and not the creditor.We are authorised to negotiate repayment of the debt with you.

 

In 4 above the creditor is Marlin and the letter has RE-Marlin Financial Services Ltd on it....

What is going on???

 

Who should I write a CPUTR letter to?

Marlin assigned to MCE and now Newman ask to deal direct with Newman on BEHALF of MARLIN:???:

 

Does anyone know the relationship going on here or have they (MARLIN) messed up big time...

 

m2ae

 

Incest.... lol..... :lol:

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Debt has been sold, MCE portfolio se to

be the new owners.

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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:jaw::lol:

 

P1 who would YOU send the CPUTR letter to?

 

thanks

 

m2ae

 

Whoever is chasing you for payment.... and/or the OC when you feel it necessary. :-)

 

This is another one of those client's client's client situations or client's agent's agents..... designed to confuse but in reality, makes them look ridiculous.... especially when you write it like that as part of a formal complaint, which requires them to formulate a "sensible" response (see post one of the main CPUTR thread.... lol.)

 

:lol:

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Hi all, update for you m2ae.

 

Good old RBS's CCA department have sent me a letter informing me that the enclosed paperwork fulfils their obligations under s78 of CCA1974. They have just sent me another copy of the original application form, and on another piece of paper entitled "reverse side of agreement" they have their T&C's!. On the top of the paper labelled " T&C's" is written in ink "reverse side copy of application form" they have also sent a copy of their current T&C's.

 

Are these people being blatantly dumb or are they just relying on the probability that the debtor isn't clued up on CCA1974. To be honest their reply isn't worth a response as i will be submitting the PPI claim within the next week or so.

 

Also it looks like they are trying to sweep the CPUTR letter under the carpet as there has been no mention of that request i made, which given the facts now speaks volumes to me.

 

Regards

 

PB68.

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Exactly ..their obligations UNDER s78 have been fulfilled...whether that is an accurate honest copy is another matter...However they have kept silent as you say for obligations under s61..proof of an originally signed executed agreement as ever 'having been signed'..

 

So if they were to take you to Court..they would have to answer the question 'has a consumer credit act agreement 1974 ever been legally signed 'by or on behalf of both parties' pursuant to s61...thereby avoiding attracting consequences of s65 and s127(3)..well it appears NO!!!

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So as far as they are now concerned the account is no longer in default....but I 'd wager that the s78 copy is not even an 'accurate honest copy' of alleged executed original.

 

Yes you are correct, they now deem the account to be no longer " in dispute", however, i tend to disagree.

 

SI 1983/1557 (180) explains explicitly what "copy documents" should contain and various proviso's!. It also basically insinuates that a copy of an application form is not acceptable as opposed to the "true copy" of the agreement in my opinion.

 

I have a letter already compiled and i will send it if need be.

 

Thanks for your continued input

 

Regards

 

PB68.

Edited by payback68
spelling error
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How does CPUTR work where a DCA tells a lie on a letter? I would imagine that would come under misleading or something.

 

Moorcroft have contacted me about a cahoot account that is deffinatly not mine, and said they had confirmed with a major utility company that i am in occupancy at my home address. I was a little disturbed that they would give out my personal details so made complaints to my Phone, Mobile, Gas, Electricity, and Water suppliers about then giving out details and they assured me they that they hadn't. The assured me they had no reason to give out my details and wouldn't because of various privacy laws and my opting out of them passing on my details.

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They have looked at my credit file (I've made a complaint about that as well) but there are no utility companies on there, other than a few settled mobile phone accounts at my old address. Not quite sure what they are trying to achieve, I've never tried to hide my address and even entered it on their website when completing an inquiry form. All I can think is they're trying to make me think they are some kind of big powerful tracking agency who are above the law in order to scare me into paying an account that has nothing to do with me.

 

I have enough trouble trying to pay my own bills, I'm not about to pay anyone else's because some company has said they may recommend that someone else contacts a solicitor or they might send me more letters. I just wondered whether telling untruths was against CPUTR.

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Telling untruths is against the CPRs but its not as black and white as saying if something is untrue its an offence under the CPRs.

 

Presumably they are tracking someone with your name - have you told them i aint you they are looking for?

 

If they have contacted you then they should be reasonably sure that yu are the correct person - i.e at the very least have the same anme possibly DOB as the person they want.

 

If not it may be worth complaining on that basis. I am guessing its a breach of the OFT guidlines.

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How does CPUTR work where a DCA tells a lie on a letter? I would imagine that would come under misleading or something.

 

Moorcroft have contacted me about a cahoot account that is deffinatly not mine, and said they had confirmed with a major utility company that i am in occupancy at my home address. I was a little disturbed that they would give out my personal details so made complaints to my Phone, Mobile, Gas, Electricity, and Water suppliers about then giving out details and they assured me they that they hadn't. The assured me they had no reason to give out my details and wouldn't because of various privacy laws and my opting out of them passing on my details.

 

 

:lol:

 

This is a typical Moorcroft scare tactic.. just do a search for them on the forums, you wont believe some of the things they write !! Or some of the Departments they write from !!

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They are IMHO all on stall in the 2nd Floor bogs, with a

constipated threat monkey and a threatogram machine

squeezing out al the CR*P they can:madgrin:

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I'm not scared, just a little angry that such an incompetent bunch can stay in existence. Trouble is there are a lot of people who believe the rubbish their pre-pubescent threatogram division pumps out. I suppose I should look upon a letter form them as a sign the OC has given up; anyone would have to be pretty desperate to employ them.

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It,s a mentality problem I think,

one must have a cretinous personality

it seem to produce the idiot correspondence

they churn out:madgrin:

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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I suspect (just and idea, nothing certain) I may even be the right person. But the only account they could be referring to has a completely different number and is being paid, the thing is a company that does not know how to use write English properly, and doesn't seem to know the laws that govern their profession could easily make other mistakes like getting account numbers, balances, creditors, debtors, even whether things are being paid or not, wrong.

 

The trouble is the OC is not a debt purchasing company but a Bank I've never had any dealings with. I've told them this many times, I get the occasional letter saying they'll put it on hold while they look into it, but they don't and their threat machine keeps spewing letters out written with some kiddy font and making threats and promises, that because of their penchant for using second class and second rate mail services the letters never arrive in the right order and the time to act upon their threats is often passed.

 

And all this happens even if not read by you.

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Hi.

 

I have sent Littlewoods the CCA letter and the £1.00 fee. and they sent me a letter saying they recieved my request and enclosed a copy of a credit agreement with my current balance and the APR but no name, address or signature. I am thinking this is unenforceable can any please advise.

 

Quick story about how i got the littlewoods account.

 

Back in 2003 my mum brought me and wife a dinning room table as a wedding gift, mum some months later died and the table had become danged due to poor workmanship. I called littlewood and was informed they would have to refund the amount back to the card it was paid with, i informed them that would not be possible as mum had died and the card was no longer active, after quite a few phone call they credited an account for me for the amount of the refund this we spent and some months we received a letter letting us they had increased of credit limit. At the time i through nothing of it but i never applied for an account or filled in any paperwork. were do i stand.

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Hi, If you have spent the money

that was credited for the faulty

furniture then that is fine, but

if you have spent more than that

amount you are obviously liable for that.

When you accepted the refund and

the credit limit raise the account was created

on the first accepted order I 've seen many

accounts queried on this and the account stands.

What they have sent you is a reconstituted agreement

containing all the prescribed terms and conditions

and it does not need the signature box.

This together with the fact that you have used

the account means that you will have to pay.

You would need to have an extremely good

reason for not paying.

You did not state why you did the CCA?

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

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Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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Hi, If you have spent the money

that was credited for the faulty

furniture then that is fine, but

if you have spent more than that

amount you are obviously liable for that.

When you accepted the refund and

the credit limit raise the account was created

on the first accepted order I 've seen many

accounts queried on this and the account stands.

What they have sent you is a reconstituted agreement

containing all the prescribed terms and conditions

and it does not need the signature box.

This together with the fact that you have used

the account means that you will have to pay.

You would need to have an extremely good

reason for not paying.

You did not state why you did the CCA?

 

I suppose morally you should pay back the credit you've spent, but I prefer the morals of the banks (i.e. grab as much as you can and never pay it back!!)>

 

But legally if you never opened an account and signed an agreement (Littlewoods always do this) why should you pay it back?

 

I have had my Littlewoods account declared unenforceable for this same reason.

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The point here is a refund was spent fine a credit limit

increase accepted and spent with the recent case law changes

if this went to court it would stick, to accept and use the

money would clinch it before a judge.

IMHO CAG is not about avoiding debts such as this

which are openly admitted, this type of credit

is opened on the acceptance of the first order

as are most catalogue accounts.

I cannot believe that someone can state on the

open forum that they '' grab as much as they can and never pay it back''

Staggered:mad2:

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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