Cap1 & CCA return

[Peterbard]

HI

JUst a quick idea for you to work around

 

Dear Sirs

Re account no********

The above account is currently in default due to none conformance with a section 78 request made under the Consumer Credit Act 1974 issued on the **/**/**whilst this default exists there may be no efforts made to pursue this alleged debt.Section 78 (6)a CCA 1974

Failure to discontinue your current actions will result in action being taken against you under the Administration of Justice Act 1970.

Yours

 

cc

Creditor

Well something like that

 

Regards

Peter

Oh it night be as well to add in that no further contact will be acceptable other than by post.

[BLADES65]

Thanks Peter, much appreciated.

[maybelline]

NEVER give in to them. To quote Sir Winston Churchill

 

Never give in--never, never, never, never, in nothing great or small, large or petty, never give in except to convictions of honour and good sense. Never yield to force; never yield to the apparently overwhelming might of the enemy.

Sir Winston Churchill, Speech, 1941, Harrow School

 

Sir Winston Churchill Quotes - The Quotations Page

thanks for that Joneshousehold - thats an interesting link, oh, and when came home from work today, had an email from information commissioners office with the case number! ha!

[JonCris]

Try this

Dear Sir Acc. No.

The above account is currently in dispute and I remind you that it is an offence to attempt to enforce such an alleged debt, particularly as there has been repeated failures on the part of the creditor to comply with the statutory obligations under sec 77-79 of the Consumer Credit Act.

 

If you continue to harass me I remind you of the following:

 

Protection from Harassment Act 1998

 

(1) A person commits an offence if, with the object of coercing another person to pay money claimed from the other as a debt due under a contract,

 

(a) harasses the other with demands for payment which, in respect of their frequency or the manner or occasion of making any such demand, or of any threat of publicity by which any demand is accompanied, are calculated to subject him or members of his family or household to alarm, distress or humiliation;

 

Please note your contact is now being recorded and that should you continue to harass me I will have no alternative but to report you to the police

 

Furthermore as per my right under the Data Protection Act 1998 I do not consent to you processing my data and require that you remove all such data from your records forthwith. I shall expect you confirmation of this within the next 14 days from the above date

 

Your faithfully

[Peterbard]

HI

Typical you wait all day then two come along at once.

Still i think it is worth mentioning that the accountis in default and isnt that a quote frome the administration of justice act 1970 section 40,

SECTION 40 OF THE ADMINISTRATION OF JUSTICE ACT

“S40 Punishment for unlawful harassment of debtors.

(1) A person commits an offence if, with the object of coercing another person to pay money claimed from the other as a debt due under a contract he-

· harasses the other with demands for payment which, in respect of their frequency, or the manner or occasion of making any such demand, or of any threat or publicity by which any demand is accompanied, are calculated to subject him or members of his family or household to alarm, distress or humiliation;

· falsely represents, in relation to the money claimed, that criminal proceedings lie for failure to pay it;

· falsely represents himself to be authorised in some official capacity to claim or enforce payment; or

· utters a document falsely represented by him to have some official character, or purporting to have some official character which he know it has not.

(2) A person may be guilty of an offence by virtue of sub-section (1) (a) above if he concerts with others in the taking of such actions as is described in that paragraph, notwithstanding that his own course of conduct does not by itself amount to harassment.”

Perhaps they are the same

 

Good letter though

 

Best regards

Peter

[BLADES65]

This is what I am sending to both Capquest and slightly modified to Egg:

 

xxxxxxxxxxxxx

xxxxxxxxxxxx

xxxxxxxxxxx

xxxxxxxxxxxx

xxxxxxx

 

Dear Sir/Madam

Re:− Egg Account/Reference Number xxxxxxxxxxxxxxxxxxxxxxxxx

 

I am writing in response to the CREDITORS NOTICE received today.

I hereby inform you that on 4th May 2007 a request , including the statutory fee of £1.00, for a copy of the executed agreement held by Egg applicable to the alleged debt was made. This was sent by Royal Mail Recorded Delivery Ref: xxxxxxxxxxxxx. This was signed for on 9th May 2007. Under the CCA s77/78, Egg are obliged to send a legible true copy of the executed agreement.

No such agreement has been received in the stipulated time allowed.

As I am sure you are aware a regulated credit agreement contains all of the prescribed terms, other required information and statements of statutory rights. Any separate terms and conditions (which should have been referred to in the original agreement) should also be provided and must be those applicable at the time that an agreement is signed.

The Consumer Credit Act allows 12 working days for this request to be carried out before your company enter into a default situation. If the request is not satisfied after a further 30 calendar days, EGG commit an offence. These time limits expired on 25th May 2007 and 24th June 2007 respectively.

As you are no doubt aware, Section 78(6) states:

If the creditor under an agreement fails to comply with subsection (1) -

(a) He is not entitled, while the default continues, to enforce the agreement; and

(b) If the default continues for one month he commits an offence

The default and criminal offence have reported to the OFT and Trading Standards bodies along with all relevant correspondence relating to the matter. I am awaiting their reply.

Until such a time that EGG supply the documentation required under the CCA 1974 the account is in dispute.

I draw your attention to The Office of Fair Trading Debt collection guidance document Final guidance on unfair business practices July 2003 (updated December 2006) which states that unfair business practices include:

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

· failing to investigate and/or provide details as appropriate, when a debt is queried or disputed, possibly resulting in debtors being wrongly pursued

· not ceasing collection activity whilst investigating a reasonably queried or disputed debt.

· applying unreasonable charges, for example, charges not based on actual and necessary costs

· applying charges which are disproportionate to the main debt

· leaving out or presenting information in such a way that it creates a false or misleading impression or exploits debtors' lack of knowledge

· asking or instructing debtors to make contact on premium rate telephone numbers

· falsely implying or stating that action can or will be taken when it legally cannot

· putting pressure on debtors or third parties is considered to be oppressive.

· passing on debtor details to debt management companies without the debtors' informed prior consent

· misleading debtors into believing they are legally liable to pay collection charges when this is not the case

 

Yours faithfully

xxxxxxxxxxxxxxxxxx

[Peterbard]

hi

 

BRAVO

 

Might use that one myself if thats OK

 

Peter

[BLADES65]

hi

 

BRAVO

 

Might use that one myself if thats OK

 

Peter

 

You are more than welcome.

 

Regards

 

Blades

[monopoly23]

Further to BLADES65's default notice - does it not have to have info about where you should go for advice if you don't know what to do next ie. the Citizens Advice Bureau? I thought there had to be prescribed terms in a DN too? Otherwise it's not legal?

[wednesday1867]

This is what I am sending to both Capquest and slightly modified to Egg:

 

xxxxxxxxxxxxx

xxxxxxxxxxxx

xxxxxxxxxxx

xxxxxxxxxxxx

xxxxxxx

 

 

Dear Sir/Madam

Re:− Egg Account/Reference Number xxxxxxxxxxxxxxxxxxxxxxxxx

 

 

I am writing in response to the CREDITORS NOTICE received today.

I hereby inform you that on 4th May 2007 a request , including the statutory fee of £1.00, for a copy of the executed agreement held by Egg applicable to the alleged debt was made. This was sent by Royal Mail Recorded Delivery Ref: xxxxxxxxxxxxx. This was signed for on 9th May 2007. Under the CCA s77/78, Egg are obliged to send a legible true copy of the executed agreement.

No such agreement has been received in the stipulated time allowed.

 

As I am sure you are aware a regulated credit agreement contains all of the prescribed terms, other required information and statements of statutory rights. Any separate terms and conditions (which should have been referred to in the original agreement) should also be provided and must be those applicable at the time that an agreement is signed.

 

The Consumer Credit Act allows 12 working days for this request to be carried out before your company enter into a default situation. If the request is not satisfied after a further 30 calendar days, EGG commit an offence. These time limits expired on 25th May 2007 and 24th June 2007 respectively.

 

As you are no doubt aware, Section 78(6) states:

If the creditor under an agreement fails to comply with subsection (1) -

(a) He is not entitled, while the default continues, to enforce the agreement; and

(b) If the default continues for one month he commits an offence

 

The default and criminal offence have been reported to the OFT and Trading Standards bodies along with all relevant correspondence relating to the matter. I am awaiting their reply.

 

Until such a time that EGG supply the documentation required under the CCA 1974 the account is in dispute.

 

I draw your attention to The Office of Fair Trading Debt collection guidance document Final guidance on unfair business practices July 2003 (updated December 2006) which states that unfair business practices include:

 

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

· failing to investigate and/or provide details as appropriate, when a debt is queried or disputed, possibly resulting in debtors being wrongly pursued

· not ceasing collection activity whilst investigating a reasonably queried or disputed debt.

· applying unreasonable charges, for example, charges not based on actual and necessary costs

· applying charges which are disproportionate to the main debt

· leaving out or presenting information in such a way that it creates a false or misleading impression or exploits debtors' lack of knowledge

· asking or instructing debtors to make contact on premium rate telephone numbers

· falsely implying or stating that action can or will be taken when it legally cannot

· putting pressure on debtors or third parties is considered to be oppressive.

· passing on debtor details to debt management companies without the debtors' informed prior consent

· misleading debtors into believing they are legally liable to pay collection charges when this is not the case

 

 

Yours faithfully

 

 

 

 

xxxxxxxxxxxxxxxxxx

 

Dont know if you saw that, im doing similar stuff and might pinch some of that if you dont mind?

 

Id like some experts having a look at my letters here http://www.consumeractiongroup.co.uk/forum/general-debt/101738-hsbc-managed-loan-cca.html

[Peterbard]

Further to BLADES65's default notice - does it not have to have info about where you should go for advice if you don't know what to do next ie. the Citizens Advice Bureau? I thought there had to be prescribed terms in a DN too? Otherwise it's not legal?

 

HI Monopoly

 

Is that like the game or because you own all of something and arn't sharing.

 

Sorry default notice quite right section 88 CCa1974

 

Best regards

Peter

[monopoly23]

Hi Peter, monopoly is just very quick to type!

I definitely dont own all of anything lol.

 

About the prescribed terms of a DN -

 

The Consumer Credit (Enforcement, Default and Termination Notices) (Amendment) Regulations 2004 prescribe the form and content of these notices.

 

The default notice must contain all of the necessary information which includes

• a statement saying the notice is a default notice served under section 87(1) of the 1974 Act
  
• a description of the agreement
  
• the name and address of both the debtor and the creditor
  
• details of the breach (i.e. late payment) and, if the breach can be remedied, the date by which it must be remedied or, if the breach is not capable of remedy, the amount required to be paid after the expiry of the specified date;
  
• a statement saying: if the action required by this notice is taken before the date shown no further enforcement action will be taken in respect of that breach
  
• a statement saying: if you do not take the action required by this notice before the date shown then the further action set out below may be taken against you
  
• a clear and unambiguous statement saying that if the action is not taken by the date specified, what it will do (for example, if will it terminate the agreement)
  
• if the agreement is one of hire purchase or conditional sale, a statement saying: but if you have paid at least one third of the total amount payable under the agreement set out below (or any installation charge plus one third of the rest of the amount payable). The creditor may not take back the goods against your wishes unless he gets a court order. (In Scotland, he may need to get a court order at any time.) If he does take them back without your consent or a court order, you have the right to get back all of the money you have paid under the agreement set out below
  
• if an amount of money is required to be paid, the amount before deducting any rebate on early settlement
  
• statements saying:
  if you have difficulty in paying any sum owing under the agreement or taking any other action required by this notice, you can apply to the court which may make an order allowing you more time
  if you are not sure what to do, you should get help as soon as possible. For example you should contact a solicitor, your local trading standards department or your nearest citizens' advice bureau

This one definitely does not have all the prescribed paragraphs it should, and nothing even near to the last one.

[davefirewalker]

Thats ok...

 

But I dont think it was a default notice.

 

It looks like a demand for money !! But I'm sure that even they must have to conform to some sort of standard.

 

rgds

 

Dave

[monopoly23]

Is it not an enforcement notice then?

[BLADES65]

Whatever it is I just love them digging a bigger hole for themselves.

 

I am relishing the fight.

 

I wonder if you made an offer for say a 20% full and final settlement with the removal of all CRA records how this would be received by the creditors.

 

Your thoughts on this would be most welcome.

[davefirewalker]

Is it not an enforcement notice then?

 

NO

 

Its just asking for money, or else they "may" take you to court.

 

rgds

 

Dave

[vinegarvera]

 

Can anyone let me know how to resize???

[maybelline]

thanks for that Joneshousehold - thats an interesting link, oh, and when came home from work today, had an email from information commissioners office with the case number! ha!

 

does anyone know - if a secured agreement is unenforceable, how does this affect or prevent remortgaging.

[Peterbard]

Hi sorry i took so long to get back to you

Yes these arn't even worth the paper they are printed on can't even get the time allowed before further action right it's been 14 days since October 2006 and their are even more ammendments and information that it shjould contain on the 2006 cca.

Actually a very interesting point though lack of a default notice can be used to set a jugement asside can a incorrectly formated one.

 

Most of these threatening letters have no intention at all of taking you to court they are just designed by some art student who thinks a big red letter might be scary

 

Regards

Peter

[alamand]

Hi I'm sorry to intrude but can somebody help me. I've started a thread in Royal Bank of Scotland but Have had no response, MTB V Direct Line Mastercard.

Sar sent - cheque cashed - way over time limit

CCA sent - cheque cashed - way over time limit

Another letter sent telling them they have committed a criminal offence and payments will stop but 14 days later still no response. The same applies to Halifax CC and Barclaycard CC.

I just dont know what to do know.

Can any body please help.

[ncf355]

Hi all,

 

advice needed!

 

I have a CCA case up and running that has been allocated to the Fast Track

 

Judge has sent out a pre trial checklist and has ordered "Standard disclosure by list"

 

How do I go about this?

 

Is this juyst a matter of sending a list of documents I intend to rely on?

 

The above being the case, rather than re sending documents that I lready sent with the original claim, can I just refer to these (such as "1) defendants response to Section 78 request as contained in original claim issued by Claimant")

 

?

[JonCris]

alamand Before giving advice can you say if they owe you more than you owe them?

[JonCris]

ncf Please either scan or copy verbatim the order onto here

[ian1969uk]

alamand Before giving advice can you say if they owe you more than you owe them?

 

I don't think it matters does it? If they are in default he can stop payments anyway.

[alamand]

Hi. I think i owe more to them.

I've been with CCCS since 2003 and been paying a small amount each month and Halifax and Barclaycard froze interest but i have had no communications with Direct Line since 03 not even a statement,so Im not sure of balance with them. I owe approx £5800 to Halifax, £1000 to Barclaycard and £4000 to Direct Line.

I know I have some charges but I don't they amount to much as I did try to make the minimum payment until it all got too much and we went with CCCS.