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    • Yes she went back to them and asked them to remove the cancellation however the girl on the phone went to ask someone and came back and said she couldn’t.   Thing is they then tried to charge her £1000 to reinsure, I contacted a broker and got it down to £760, she went back to them and they miraculously could do it for £690!!  It feels like they are using this to fleece her, her previous ins was £300.   I will get her to write a complaint to them...do you know if there’s an insurance ombudsman she could contact?    I just feel it would have been fair fair to suspend the ins pending the court outcome!    Thankyou.
    • Hi,    Yes my daughter drove through a red light.   Yes her DVLA was still registered to her previous address at Uni hence them not being able to contact her hence the MS90.   This is her 1st car and she simply didn’t think to re register her car to our address she genuinely forgot!  However we left our forwarding address with the letting agent but the house was subsequently sold and the new owner used a different letting agency so communication was lost.   The courts enlisted the bailiffs and when the current tenant found her via Facebook she was genuinely mortified as she had no idea that she had broken this light.   She immediately rang the bailiffs and court who advised her to make The Statuary Declaration, whilst waiting for that date to arrive she thought she better ring the insurance company to explain what was happening thinking they may have to suspend her policy however they cancelled it on the spot she asked them not to but they just went ahead charging her £50 to do so.   At court after she explained what had happened the court dropped the MS90, and reduced the points and fine to what it would have been originally.   Going back to the insurance company they said they couldn’t remove the cancelled policy and it would show on her record for life and tried to charge her £1000 to reinsure!!  Previously it had been £300 as she had built up 2 years no claims.   I contacted a broker who said he could insure her for £760, she went back to her original insurance company, Admiral who then said they could now do it for £690!!  How can they suddenly do that sounds unscrupulous to me and that they are using this cancellation to now fleece her!!   She is a medical student and needs the car to get to the different places she is working on placement but can’t afford to pay this extortionate amount of money.  I would expect her policy to go up a bit but would say max £500 is proportionate?    I will I’ll get her to contact them Regards making a complaint in writing as you have suggested.   Thank you.    
    • I’m not sure who you mean by the OD and do you want me to see if the PDL is enforceable or not pay it at all?   And what should I do about the NatWest? Surly there’s a case getting it wiped if the charges came from them charging me for a PBA that I had told them to close and they said they had. Also am I paying the credit cards back in full or trying to get a reduced settlement?   Thanks Andrew 
    • Initial payments have already come in - we wouldn't have started otherwise. There's about £3,500 outstanding. The £800 was verbally agreed initially, but later correspondence from the customer shows that he's accepted the £800 for the extra work.
    • Each should send a cpr 31:14? Cant produce signed documents = no liability??
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andyb78

Barclaycard debt - no CCA - Do I CCA again? being passed around

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I will send the aforementioned letter with my new address included. Can I refer to the previous letter I sent, which was essentially 'I have no knowledge of the debt', with a CCA request included, or should I start a fresh? Should I CCA the DCA as well as Shoos again too?

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You should have been self helping all these years

Then you'd know what to do and not make these very basic mistakes andy

Said this years ago in this very thread

 

A solicitor is not a creditor..it goes to the owner of the debt...


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Cca request only

Is this getting close to SB yet?


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Dear Sirs,

 

Reference: 123456789

 

Thank you for your letter of the xx/xx/xxxx, which for the avoidance of doubt is being treated as a formal letter before actionicon.

 

I refer you to the Practice Direction-Pre-Action Conduct (“PD-PAC”). In particular I refer you to paragraph 1 of PD-PAC which states that its purpose is to “enable the parties to settle the issues between them” and to encourage the parties to “exchange information”. Compliance with the PD-PAC will mean that proceedings will be avoided if possible and cases that proceed to trial are dealt with efficiently.

 

The court will take into account failure to comply with PD-PAC. I put you on notice that I have asked for copy documents and that you have failed to send copies of them to me. If proceedings are issued I will therefore inform the court of this and ask that sanctions are imposed for this failure and in this regard I refer you to paragraph 4.4 (4) PD-PAC which lists as an example of non-compliance with PD-PAC a circumstance where a party has - “without good reason, not disclosed documents requested to be disclosed”.

 

Paragraph 2.2 (1) of Annex A of the PD-PAC places on you an obligation to “list the essential documents on which the Claimant intends to rely” in your letter of claimicon. I could not identify any such list in your letter of claim. Please list your documents so that I can see the case against me and request copies of anything that I need to assist me in narrowing the issues in this matter.

 

You will note that paragraph 3.2 (3) of Annex A of the PD-PAC permits me to “request further information to enable (me) to provide a full response”. In this instance that request is in the form of a request for documents as the information that I seek is within those documents. Paragraph 5.1 of Annex A states that you should “provide the documents requested by the defendant within as short a period of time as is practicable or explain in writing why the documents will not be provided”.

 

For the avoidance of doubt the documents that I require to be sent to me are as follows:

 

1. A copy of the original credit agreement;

 

2. A copy of the Default Notice;

 

3. A copy of the Termination Notice;

 

4. A copy of the Notice of Assignment;

 

5. Copies of statements;

 

6. Copies of any communication between yourselves and the creditor.

 

The documents listed above are all ones that I would expect to be disclosed during the course of proceedings and which would likely be in your possession when drafting a claim in any event so their production to me should not cause any difficulty to you. If you do consider that there is difficulty in providing a copy of a document please identify that document and the reason for its non disclosure at this stage.

 

You will no doubt be aware that in addition to the PD-PAC requirements there is an additional responsibility to supply documents which is imposed by the consumer crediticon Act 1974 (“CCA 1974”). A request was made under s.77 / s.78 / s.79 on the xx/xx/xxxx and this has not been complied with. The agreement is therefore rendered unenforceable whilst that failure to comply remains outstanding. To issue proceedings in such circumstances would be premature and would be met by an application by me to strike out the claim as having no prospect of success. Upon receipt of the documents requested and your reply to the above I will respond with the grounds for my defence so that the issues can be identified.

 

I am willing to consider ADR upon receipt of full disclosure of documents. I cannot consider it before then as I will not have the full information before me. Failure to provide full disclosure may therefore result in an opportunity for ADR to be missed.

 

You will no doubt be aware of paragraph 9.7 of PD-PAC. It is my view that you will be unable to state that there has been the required compliance in the absence of full “cards on the table” disclosure of documents before proceedings have been issued.

 

I anticipate being able to provide you with a full response to your aforementioned letter within 14 days of receipt of the documents listed above and also reserve the right to refer to the contents of this letter if proceedings are issued without first providing copy documents to me.

 

Yours faithfully,

 

 

 

 

 

Sorry, not CCA request. This is the original letter I sent to Shoos years back, the CCA went to the DCA at the same time. Did not get a response from either in terms of proving the debt.

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Cca request only

Is this getting close to SB yet?

 

SB next June

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that letter is toilet paper


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

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It may well be, but it was supplied by one of your colleagues on here who was trying to help and be constructive! And since I did not receive any correspondence up until now, I guess that it had some kind of effect three years ago?

 

So, to recap and be clear, your advice is to ignore the people that have written to me, but reply to the DCA whom I haven't heard from with a CCA request again?

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but you've never sent a cca request ever have you?


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

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In post #49, you advised me to CCA Shoos, which I did back then. Also CCA'd Arrow at the same time. Sent the long letter above to Shoo's too, but have never received a response to any of the three communications.

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well wont hurt to send a new one to arrows not shoos

who have just Written.?


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

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Shoos have written.

 

I'll send a CCA to Arrow and advise Shoos that I have done so.

 

Thanks a lot for your help.

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just the cca


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

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