Cap1 & CCA return

[MAGDA]

Hi PT, I see what you mean - will have a look at Delfi's thread.

 

thanks for your help, Magda

[pt2537]

http://www.consumeractiongroup.co.uk/forum/legal-issues/244025-delfi101-et-al-weightmans-2.html#post2729941

[MAGDA]

http://www.consumeractiongroup.co.uk/forum/legal-issues/244025-delfi101-et-al-weightmans-2.html#post2729941

 

Thanks PT:)

 

See you have a link to "Next Directory troubles" as part of your signature, will have a look at that as well - Cabot has just purchased my Next account, so here we go again, more fun and games.

 

Magda

[pt2537]

Thanks PT:)

 

See you have a link to "Next Directory troubles" as part of your signature, will have a look at that as well - Cabot has just purchased my Next account, so here we go again, more fun and games.

 

Magda

lol Next Directory are fab,

 

Easy pickings, beaten them plenty of times and have plenty of consent orders in hte office on them

 

shout if you need anything

[MAGDA]

lol Next Directory are fab,

 

Easy pickings, beaten them plenty of times and have plenty of consent orders in hte office on them

 

shout if you need anything

 

 

Thanks PT, that's really appreciated.

 

regards, Magda

[david999]

Hi all, not sure if this is the correct post, apologise if posted in wrong section..

 

i wanted to ask, my cca request from the BOS is now approching 12 months with no cca provided, around 7 months ago the only thing they sent out was a copy of an application form, which i informed them this was an application form, not a cca, we have had many letters over the 12 months from their in-house dca, "albion, oliver, etc, latest letter last week threating court action, wrote back informing them it is now 12 months since my cca request and they still have not privided it..

 

how long should this go on?

 

any one have any advice

[lexis200]

Hi David

 

Have a look at my BOS threads (click on my name, there's two I've started). I sent CCA's to both accounts about 2 years ago, got back exactly what you've said you had, stopped paying, got defaulted and terminated (dodgy default, unlawful termination), have played with about every DCA they have, sent CPR to Blair Oliver and Scott after they threatened court (early last year, still no response), have been threatened with court on about 4 occasions and am still being passed round from DCA to DCA. Each one will write, I'll write one or two letters telling them to foxtrot oscar, it goes back to BOS and so on and so forth.

 

I've got to the point now where I have a basically templated letter which I send with the usual 'I do not acknowledge any debt' etc etc header which essentially tells them they're stuffed so send it back to BOS and I will not respond to further letters from them.

 

The latest is Wescot who have apparently 'employed' Nelson Guest solictors. I've just written to both asking why the letter sent from Nelson Guest is clearly actually from Wescot, and also contacted the SRA to see what I can do complaints wise about a solicitor allowing a DCA to use their name and headed paper when they clearly have no idea as to the contents! Probably won't get anywhere but it's worth a try:)

 

You won't get any sort of reasonable letter from BOS. They've actually admitted in one of theirs to me that they can't find the original agreement but that they've sent the application form. Then they go on to call the application the agreement for the rest of the letter.

 

Pillocks the lot of them:rolleyes:

[Jeff2000]

Hi David

 

Have a look at my BOS threads (click on my name, there's two I've started). I sent CCA's to both accounts about 2 years ago, got back exactly what you've said you had, stopped paying, got defaulted and terminated (dodgy default, unlawful termination), have played with about every DCA they have, sent CPR to Blair Oliver and Scott after they threatened court (early last year, still no response), have been threatened with court on about 4 occasions and am still being passed round from DCA to DCA. Each one will write, I'll write one or two letters telling them to foxtrot oscar, it goes back to BOS and so on and so forth.

 

I've got to the point now where I have a basically templated letter which I send with the usual 'I do not acknowledge any debt' etc etc header which essentially tells them they're stuffed so send it back to BOS and I will not respond to further letters from them.

 

The latest is Wescot who have apparently 'employed' Nelson Guest solictors. I've just written to both asking why the letter sent from Nelson Guest is clearly actually from Wescot, and also contacted the SRA to see what I can do complaints wise about a solicitor allowing a DCA to use their name and headed paper when they clearly have no idea as to the contents! Probably won't get anywhere but it's worth a try:)

 

You won't get any sort of reasonable letter from BOS. They've actually admitted in one of theirs to me that they can't find the original agreement but that they've sent the application form. Then they go on to call the application the agreement for the rest of the letter.

 

Pillocks the lot of them:rolleyes:

 

 

Hi,

 

This just about reflects what happened with me regards BOS.

 

They have now sold the account to Hillesden.

 

Jeff.

[lexis200]

Ooh, not had them yet. Sounds like they'll complete my collection soon enough though:)

 

Have you got a thread going Jeff?

 

edit - just found it:D

[david999]

Thanks Lexis for your reply, its good to hear were not alone, after around 6 months they tried to say the account was not in dispute. lol. we have always refused to speak to them on the telephone. they threatened to come to the door on a certain date, i informed them if they came to my door i would call the police, they never turned up. they send these letters from diffrent dca, to try and frighten you, all the dca, are in-house dca, as they are not allowed to sell the debt if the account is in dispute, i informed them this is easily solved,, produce the orginal signed cca, and i will pay the debt, the alledged cca was supposidly signed in 1991. if there is such a document then lets see it, if not then there is no debt.

 

they are threating court action, i doubt they will carry it through as they already know it can not be enforced.

 

im guessing this could go on forever,

[lexis200]

I think you may be right:rolleyes:

 

If you're worried about the threat of court action, you could chuck them this letter which Surfaceagentx20 and CitizenB put together. I sent it in early 09 to request docs and BlairOS went very quiet about it...

 

THIS IS A REQUEST UNDER THE CIVIL PROCEDURE RULES. DO NOT IGNORE.

 

I am in receipt of your letter dated xx; this was sent by xx Class post, and received by me on xx.

 

You have indicated that

a) You are giving Formal Notice that your client has instructed you to commence court proceedings against me without delay and

b) Papers are now being prepared for commencement of action through my local court to seek a judgement against me.

 

I am sure that you are aware that I have long since requested from your client, under the Consumer Credit Act 1974 (The Act), a copy of the agreement to which both you and your client allege I am a signatory. To date this has not been provided to me. Whilst I appreciate your client has endeavoured to persuade me that the provision of a copy of an illegible application form is sufficient to discharge your client from further obligations under section 78 of the Act, likewise I too have explained that the mere provision of a copy of an application form is not a legally permissible substitute for the provision of a true copy of the executed agreement as required under section 78 of the Act, and as prescribed by Regulation 3 Consumer Credit (Cancellation Notices and Copies of Documents) Regulations 1983.

 

I am sure you are also aware that under section 78(6) of the Act, whilst a creditor is in default of a request made under sub-section (1) they may not enforce the agreement.

 

Notwithstanding the foregoing and your client's persistent, unexplained and wilful refusal to supply a copy of the executed agreement in accordance with its obligations (the permitted omissions under Regulation 3(2) excepted), your client has made plain its intention to begin legal proceedings against me. In consequence this matter may now be treated as one which is subject to the control of the Civil Procedure Rules.

 

Take notice therefore that under CPR Practice Direction - Protocols paragraph 4.6(a) and (d), I request that you supply copies of the following documents:

 

[1] A true copy of the executed credit agreement incorporating prescribed notices, terms and conditions applicable at the time the agreement was executed and

[2] Any further or subsequent notices, terms and conditions relied upon.

 

Please note that my request under the Practice Direction is not a request for production within the confines of the Act and Regulations but rather, it is for a copy of the executed agreement, including signatures and all such other notices, terms and conditions as will be relied upon in the event that your client shall begin a claim.

 

A copy of the documents I have requested should be supplied to me within 14 days, and you are urged not to begin proceedings for a period of not less than 14 days following the supply of those documents to me.

 

Should your client elect to ignore my request under the Practice Direction and commence proceedings, I shall repeat my request for the provision of documents under CPR 31.14. In the event that your client should fail to comply with my CPR 31.14 request, but still continues court proceedings, I will not hesitate in making an application to the court for an order that further proceedings upon the claim be stayed pending provision of the requisite documents, in the course of which application I will of course refer to this and previous requests for the provision of copy documents.

 

Please respond within the time stated.

 

Yours faithfully,

[Dotty50]

That's a brilliant letter Lexis, will file a copy of that.

 

May come in useful at some point.

 

May not be needed for Halifax (BOS) as like you, they have written stating they cannot supply the T & S's for mine from 1989 with Leeds. Shame!

[david999]

Nice One Lexis..

 

VG letter, well laid out and informs them. you know exactly how to handle them, they know from this letter, your not going to be a push over.

 

i will definitly use this letter..

 

thanks again.

[lexis200]

You're welcome, but I really can't take credit for the letter as it was put together for me by CitizenB and Surfaceagentx20 - I just tweaked it to change a part saying if they didn't respond I'd be starting court action to say that if they carried on without sending the documents I would chase it up and defend anything they started.

 

This was because I knew damn well I wasn't in the position (because of personal issues, not because my argument was weak) to follow up, and I strongly feel you have to act on threats to creditors or they just don't believe you - much as we don't with the pointless toothless c**p that the dca's throw at us;)

[Dotty50]

You're welcome, but I really can't take credit for the letter as it was put together for me by CitizenB and Surfaceagentx20 - I just tweaked it to change a part saying if they didn't respond I'd be starting court action to say that if they carried on without sending the documents I would chase it up and defend anything they started.

 

This was because I knew damn well I wasn't in the position (because of personal issues, not because my argument was weak) to follow up, and I strongly feel you have to act on threats to creditors or they just don't believe you - much as we don't with the pointless toothless c**p that the dca's throw at us;)

 

That's a very good point Lexis, keep the ball in their court, so to speak. Makes sense to me.

 

Must ask (sorry) has your cat got a lime skin on its head? Makes me every time I see it!

[lexis200]

Hi Dotty:)

 

I think it is, although people keep telling me it's a melon:eek: I'd hate to think what size the cat is if it can handle a melon on the head!

 

Still makes me smile too; I think it's the look of complete resignation on the cat's face:D

[fossilfinder]

Hi all,

 

Forgive me if this is the wrong thread to pose this question, I am fairly new to this and have a question re CCA's. I have posted a thread about Egg under the Egg forum, this is a general question regarding tick box signatures on applications for credit cards. My application was 2006, they have sent my CCA which has a tick box as my signature. SHould there have been a follow up piece of paper which I should have signed and returned to them?

 

Many thanks,

 

Apologies if this is the wrong thread, push me somewhere else if it is

[car2403]

Hi all,

 

Forgive me if this is the wrong thread to pose this question, I am fairly new to this and have a question re CCA's. I have posted a thread about Egg under the Egg forum, this is a general question regarding tick box signatures on applications for credit cards. My application was 2006, they have sent my CCA which has a tick box as my signature. SHould there have been a follow up piece of paper which I should have signed and returned to them?

 

Many thanks,

 

Apologies if this is the wrong thread, push me somewhere else if it is

 

No

 

The Consumer Credit Act 1974 (Electronic Communications) Order 2004

[citizenB]

ToxicWastes' post regarding Goldfish/Barclaycard has been moved to its own thread..

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/267316-goldfish-barclaycard-advice-required.html

 

I am sure advice would be most welcome:D

 

TW, I have sent you a private message advising what has happened.

[means2anend]

No

 

The Consumer Credit Act 1974 (Electronic Communications) Order 2004

 

 

Can you be more specific...?

[means2anend]

Hi all,

 

Forgive me if this is the wrong thread to pose this question, I am fairly new to this and have a question re CCA's. I have posted a thread about Egg under the Egg forum, this is a general question regarding tick box signatures on applications for credit cards. My application was 2006, they have sent my CCA which has a tick box as my signature. SHould there have been a follow up piece of paper which I should have signed and returned to them?

 

Many thanks,

 

Apologies if this is the wrong thread, push me somewhere else if it is

 

Was your agreement concluded online???

[fossilfinder]

Hi Means2anend,

 

TBH I just can't remember. I know I applied online. Sorry I made a mistake the tick box is dated 12th July 2005, don;t know if that makes a difference?

[car2403]

Can you be more specific...?

 

Not really?

 

The question asked was;

 

this is a general question regarding tick box signatures on applications for credit cards. My application was 2006, they have sent my CCA which has a tick box as my signature. SHould there have been a follow up piece of paper which I should have signed and returned to them?

 

I said;

 

No

 

The Consumer Credit Act 1974 (Electronic Communications) Order 2004

 

[fossilfinder]

Hi Car2403,

 

Thanks, you answered the question with the link to the Act amendments 2004, having read through them now I take the inclusion of Article 4 Article 4 amends the Consumer Credit (Agreements) Regulations 1983 to enable agreements to be concluded electronically and to enable the creditor or owner to include in the signature box information about the process or means of providing, communicating or verifying the signature made by the debtor or hirer. In mine it says please tick box instead of providing signature.

 

So thank you, you have answered my question

[means2anend]

This is my point!!!

 

I have posted elsewhere on this issue of whether.... '' include in the signature box information about the process or means of providing, communicating or verifying the signature made by the debtor or hirer''.....actually means that the signature itself as prescribed by s61 is not to be dispensed with BUT THAT the signature must still be included using ''a process or means of providing the signature...

In other words something to the effect of please tick here and we shall send you a copy of the ticked agreement for you to SIGN and SEND BACK

 

Anybody could have ticked that agreement and said it was signed by you.

 

I have made the point time and again that an agreement when concluded on line should really in truth be subject to contract and that when it is ticked and the button for send is pressed that a hard copy should be sent for you to sign and send back..because otherwiswise s189(1) has not in reality been complied with.

 

I think that this issue of whether a tick complies with s61 and s189(1) is deserving of a whole new thread

m2ae