Spiritgirl -v- Various DCAs

[rory32]

What they have stated is quite correct. A true copy of the agreement can be just that. A copy that reflects the agreement that would have been signed. They are allowed to leave out personal details and signatures. This fulfills their obligation to provide a true copy of the agreement under the CCA.

 

However, obviously it is in no way enforceable as a credit agreement and if they were to produce a signed copy in court this would not be accepted on the grounds of disclosure e.g. you had previously asked for this document and they had led you to believe it did not exist by not providing it.

[spiritgirl59]

Thanks friends

 

I'll wait and see what happens next.

 

Love Spiritgirl x

[silverfoxtrot]

Thank you Spiritgirl!!

[M.Willows]

I stopped this rubbish with Littlewoods by asking them why are they trying to enforce an unenforceable agreement , stopped them in their tracks.

[kennyparkroad]

i would write back to them and state that because they have failed to give you a SIGNED EXECUTED CCA AGREEMENT FOR THE ACCOUNT YOUR TALKING ABOUT!

 

that the account is now unenforceable, advise them that it is still in dispute and that whilst in dispute they cannot chase payment, alter your credit file or pass/sell the debt on,

 

advise them you that no more payments will ever be forthcoming, and ask them to produce the properly executed agreement for the account, if they cant ask for written confirmation,

 

in short try sending them something like this

 

 

ACCOUNT IN LEGAL DISPUTE

 

I note that you have sent me a blank Credit Agreement form for this account.

 

However, on the (date you made CCA) I made a written request for a copy of the executed agreement under s77/78 CCA.

The document that you are obliged to send me is a true copy of the executed agreement that contained all of the prescribed terms, all other required terms and statutory notices and was signed by both your company and myself. If the executed agreement contained any reference to any other document, you are also obliged to send me a copy of that document.

 

Please note that your company is now in default as this request was not complied with within 12 working days as prescribed by the CCA, and that you have also committed a criminal offence by exceeding the further one month statutory time limit. (ONLY INCLUDE THAT IF IT IS PAST A MONTH)

 

I now require that you provide me with a copy of the correct document, or your written acknowledgement that you are unable to do so, within 14 days of receipt of this letter.

 

Please also note that until such time as you do provide me with a true copy of this document, the agreement remains unenforceable and no further payments will be made, it also means that your company is not permitted to

1 - Chase for payment

2 - Pass/Sell the alleged debt to another company

3 - Register any adverse information against my credit file

[Hopeful1]

That's a good letter KennyPR. They just pray that people are completely ignorant don't they? Let's face it, many of us probably were until CAG entered our lives

 

It's all good fun isn't Spiritgirl?! Hope you're doing ok

[silverfoxtrot]

Hi Spiritgirl,

Thank you for your reply.

As yet I've not started my thread, trying to figure out where to start!

 

Also hopelessly computer illiterate so wouldn't have a clue how to link!!

 

Also would have to start this eve at earliest.

 

Would it be okay to just message you with a 'Done it!' ??

 

Happy Days. xx

 

Hello Spiritgirl!!

 

I've done it!! It's in General Debts. Bit nervous of clicking on different buttons, sorry!

[spiritgirl59]

Hiya guys

 

You are probably all in bed now, I'm catching up LOL... been out and about for the past two days.

 

Kenny thanks for advice on the letter - I've typed it up and am sending it off to Cohens tomorrow. I knew that lot would not go away without a fight when I started CCAing the DCAs. I did add into the letter that as they are a legal firm I am surprised they do not understand their obligations under the CCA!! ...

 

Yes Hopeful1 its all good fun! Got a letter from Link today re MBNA telling me not to make payments to MBNA any longer and that they now "own" an alleged debt. I don't know what alleged debt they are talking about so a CCA is going off to them tomorrow to find out more. They defaulted on my CCA request last time on another alleged debt, and returned the £1 postal order telling me it will cost me a fiver to get the info remember?

 

It feels good not to be scared anymore when these letters drop through the letterbox. I can't wait to open them these days to read the next instalment of all their drivel!!

 

Silver I will look for your thread!

 

Have a great weekend everyone

Love & cyber hugs

Spiritgirl x

[rory32]

It feels good not to be scared anymore when these letters drop through the letterbox. I can't wait to open them these days to read the next instalment of all their drivel!!

 

It's nice to be control (again)

[oneofakind]

sub.

[spiritgirl59]

Hiya guys

 

Well Crap1 have excelled themselves

 

They have now issued me with a Default Notice which states that if I don't pay up they will start "enforcement"

 

Bring it on ... I have all those lovely copy application forms and irrelevant t&cs to stick in my court bundle..to say nothing of their endless letters containing ridiculous comments to my CCA request!!

 

Have a feeling it will probably go to a DCA though ... I doubt if they will give me my day in court - what do you guys think?

 

Love Spiritgirl x

[elizabeth1]

Hiya guys

 

Well Crap1 have excelled themselves

 

They have now issued me with a Default Notice which states that if I don't pay up they will start "enforcement"

 

Bring it on ... I have all those lovely copy application forms and irrelevant t&cs to stick in my court bundle..to say nothing of their endless letters containing ridiculous comments to my CCA request!!

 

Have a feeling it will probably go to a DCA though ... I doubt if they will give me my day in court - what do you guys think?

 

Love Spiritgirl x

 

 

I take it somebody wanted your file off their desk ?

 

They've no intention of seeing you in court - how the devil would they explain this to a judge - they are so wrong in what they are doing - judge would sling fines at them without a second thought?

 

I am leaving mine now till the court date - will do my bundle and send it to court 2 weeks before and will hope CAP1 forget this court date which will allow me to bring this stuff to judges attention - they have spent a year messing around and it's high time they were brought to task over it all.

 

They are mad in there and clearly understand what they are doing. It is spiteful measures they are using - there are no other explanations for it are there?

[surprise]

SG

They issued me with a default whilst doing a SAR and I sent the S10 letter. They did issue the default regardless, however, they did remove it on 23rd May. They've now sent my daughter the same letter whilst her account is in dispute, ie 3 application forms. I've sent them a S10 letter plus I've said I think they would be very foolish to proceed with the issue given the circumstances and that the file has now been passed to the FOS. I'm waiting to see how they will react.

[spiritgirl59]

Hiya friends

 

Elizabeth I'm inclined to agree with you - they would have to be more stupid than I already think they are to take me to Court I do think they will go down the DCA route and sell the alleged debt for a few quid...so then the whole CCA rigmarole starts all over again

 

Surprise I know what you mean about the S10 letter but to be honest my credit file is shot to pieces anyhow so their Default Notice won't make much difference right now.

 

The FOS is still an idea and I may well do this next week. They did send me their leaflet and said "if I wasn't happy" to contact the FOS. Me and thousands of others are not happy with this company

 

Love Spiritgirl x

[elizabeth1]

Spiritgirl - they sold mine to Lowells months after dispute began and they kept telling court they'd paid me etc.. which they hadn't.

I made sure when I amended my claim POC's that I asked judge for disclosure of the documents I wanted as in CCA, Default notice, Deed of Assignment etc.. Judge has ordered them to produce all this documentation in court and any info they are relying on to support their case two weeks prior to hearing in a court bundle etc.. - so they've a busy time ahead of them producing this stuff ready for judge?

 

The only way out for them to not have to appear in court is for them to do as my claim asks, pay me the monies as in my claim with interest to present date, remove default and negative markers from CRA files in full. Now this will have to be done prior to any hearing for allowing me time to clear the funds involved and check my CRA files etc.. - they are nearly out of time be far more fun seeing them in court - I do hope they slip up and leave my file buried somewhere so they forget this date!! they sure will have some explaining to do?

[hellhasnofury]

Hello Spiritgirl,

 

I am in a similiar position as you know. I have now stopped paying these vultures because of unenforcable ca's I am having a jolly good time baiting them. Its a bit like hitting the wasps nest and them running for your life. I have written to them pointing out how ridiculously negligent they have been with their paper work. I too hope that they will take me to court, if they dare:eek: You quoted "bring it on", that's exactly how I feel.

 

One of the Companies wrote back saying they will respond it due course once they have completed their investigation into my complaint. That very night I had a DCA on the telephone, I did not enter into any conversation with them apart to say put it in writing. They did. They were acting on this companies behalf and you will know what the letter said. They got a good response back from me by letter. Go away, stop harassing and breaking the law. I have not heard from them again. But you never know what is going to happen with these vultures do you:-o

 

Anyway waffled enough. just want to say keep the good fight going

[Hopeful1]

The Spice Girls really have nothing on CAGgers when it comes to girl power, do they?

 

Hope you all win your fights, will be watching with huge interest

[spiritgirl59]

With compliments to Rory for this wonderful letter which I have taken from his thread and altered around a bit (thanks Rory ) - this is what I am sending to Crap1...not that I think for one minute they will take any notice, but it makes me feel better, and I shall be keeping a copy for any prospective "court bundle" !

 

 

 

 

 

 

Dear Sirs

 

Your Ref: XXXX

 

I refer to the Default Notice issued against me dated XXXX 2007.

 

Despite numerous written requests commencing on XXXX April 2007 you have failed to supply me with a copy of any properly executed credit agreement under the Consumer Credit Act 1974.

 

I am flabbergasted that you have now had the audacity to issue a Default Notice against this account when you are clearly in no position to do so.

 

It would appear that you have failed in your obligations to comply with the various anti money laundering regulations in not keeping such documents as a properly executed credit agreement. This, as I’m sure you are aware, is a very serious offence.

 

I now require the balance of this account to be returned to zero.

 

Please note you may also consider this letter a statutory notice under Section 10 of the Data Protection Act to cease processing any data in relation to this account with immediate effect. This means you must remove all information regarding this account from your own internal records and from my records with any credit reference agencies. Should you refuse to comply, you must within 14 days provide me with a detailed breakdown of your reasoning behind continuing to process my data. It is not sufficient to simply state that you have a ‘legal right’; you must outline your reasoning in this matter and state upon which legislation this reasoning depends.

 

Should you fail to respond within 14 days, I will expect that this means you agree to remove all such data.

 

 

 

 

Furthermore, you should be aware that a creditor is not permitted to take any action against an account whilst it remains in dispute. The lack of a credit agreement is a very clear dispute and as such the following would apply:

• You may not demand any payment on the account, nor am I obliged to offer any payment to you.
  
• You may not add any further interest or charges to the account.
  
• You may not pass the account to any third party.
  
• You may not register any information in respect of the account with any of the credit reference agencies.
  
• You may not issue a default notice related to the account.

Please be aware, the CCA 1974 is very clear that a default can only be issued for breach of a valid, regulated agreement. As there is no agreement a default cannot be lawfully issued as no valid, regulated agreement has been breached.

 

I would ask that you review this account and respond favourably within 14 days of the date of this letter. Failure to do so will result in me reporting this matter to The Financial Crime Branch of HM Treasury and any other authorities as I see fit.

 

I look forward to your reply in due course.

 

Yours faithfully

 

 

 

 

[kennyparkroad]

that letter is similar to the one ive sent littlewoods, and they seem to be taking a bit of notice, of course if they dont, im sure the courts would LOVE to see it

[elizabeth1]

Maybe we should enlarge the fonts a little so the dweebs can read it easily? seems they don't understand anything we seem to be saying "short planks" springs to mind ?

[spiritgirl59]

LOL Elizabeth good idea!

 

"What's in YOUR wallet?" ... no properly executed CCA agreement that's fer sure

[elizabeth1]

LOL Elizabeth good idea!

 

"What's in YOUR wallet?" ... no properly executed CCA agreement that's fer sure

 

LOL they do amuse me no end really it's like every plank on this planet work there!! (and Cabots of course!!) Can you imagine it in court - would be like a slapstick comedy wouldn't it?

 

Judge asks "well why did you sell this account while it is clearly in dispute?"

 

Cap1 SOLICITOR "Cause it was Friday afternoon and we wanted to go pub - this person was asking awkward questions - so I got it off my desk M'lud"

 

LOL LOL Like a cart load of monkey's ??

[babybear39]

Comparing DCAs to monkeys is offensive to monkeys

[elizabeth1]

Comparing DCAs to monkeys is offensive to monkeys

That's funny

 

Maybe there is some scientists out there who want to run tests on these dweebs - see what makes them tick?

 

They sure don't have any real intelligence do they?

[babybear39]

Comparing to pond **** may be a good starting point for any scientists interested