CCA's and Dave against the world !!!

[davefirewalker]

Ok.... Just started Litigation after a final F*** O** letter from rbs

 

hmmmm

 

Dave

[pt2537]

Hi Dave

 

just subscribing to your thread,

 

just out of interest how are you going with Littlewoods?

 

regards

paul

[sortingitout]

This thread makes great reading, good luck Dave.

[Yasmin]

Hi Dave,

Have you got a welcome Finance thread, and was this due to faulty agreement? Could you tell me where I can find all the info. to check my agreements. Blackhorse have only sent me the last page, maybe that's all they've got! Welcome agreement could be dodgy, like the rest of the fiasco with them.

[davefirewalker]

pt2537....havent started with that motley bunch yet...Ive got bigger fish to fry just at the moment....I'll get round to them shortly.

 

(jeeeez I need to get out more )

 

sortingit out ...thanks theres a whole lot more, I may make it into a novel

 

Yasmin. yes welcome caved in and wiped off £2700 because there agreement was crap......AND I signed at home....not on trade premises

 

Ive seen a lot of welcome agreements and a lot of them seem ok, but still need checking, if blackhorse have only sent you one page.... youve got em. wait until the thirty days is up and send them a letter stating that not only are they in default and cant enforce the debt but they have committed a criminal offence with a maximum fine of £2500 or 6 months in jail.

 

best of luck

 

Dave

[Yasmin]

Thanks for your advice Dave. Could I just ask you where is the best place for information to check Agreements, probably being a bit naive here! Very interesting thread & have subscribed.

[davefirewalker]

well one thing to do would be to post it here, or one of the other CCA threads, or go to Financial Agreement Solutions

 

DONT pay......just use the form to check

 

Dave

[davefirewalker]

I was just sitting here reading various threads and trying to help people, when a devious thought came into my head (as it does sometimes)

 

As you can see from my "agreement" with providian / monument above in an earlier post, It sucks BADLY.

 

ok..... They have charged me PPI on this and said I agreed to it on the phone......(I know ). Well this PPI stopped for about 23 months then restarted............v strange. ANYWAY I have just wrote a letter asking for ALL the ppi payments back + 8% for lack of use of the money.

 

this is worth about £1500

 

we'll see how that goes.......

 

That wasnt the devious part, if the agreement sucks.....which it does I have two options

 

1 walk away

 

2 as I morally owe the money, I could repay it, but go for all the interest I have ever paid them

 

lets look at the maths

 

Ive had the card for about 8 years (1999 ) I havent used the card since 2001 and its maxed out at about £3500 (since then). since 2001 i have been making minimum payments of about 85 - 90 per month, before then it was lump sums etc

 

ok then for the majority of its life about £50/ month has gone in interest

 

lets say 7 years at 50/mnth (7x12)x50=£4200 in interest which legally they should not have claimed (no agreement)

 

I have paid in about at least £8000 so............

 

paid 8000 - ppi claim 1500= 6500 - amount borrowed 3500 =3000 I should be able to claim somewhere between £3000 to £4200 (when I work it out properly

 

 

what do you think.......

 

Dave

[davefirewalker]

Just decided to do the same sort of thing with American express (just added to my list) god.... I sound like Nixon!

 

They took away my card for some reason (mind you I didnt use it much) so I paid of the balance but theres a £1.00 debit still showing and I still get statements so its current.

 

I have had about £300 refunded in charges so far but I think I will ask to see the agreement (with the above in mind)

 

Dave

[davefirewalker]

Monument has just wrote back to say that they are investigating..............

 

"well get back to you before 23 may"...............they think

 

got a nice little glossy booklet explaining their complaints procedure and how it can take upto four weeks to handle it (I think not).

 

oh and a customer feedback form, ooooh I cant wait

 

the clock is ticking they have until thursday, mind you I may leave it until fri or Monday, and then get medieval with them. MCOL here I come!!

 

Dave

[ODC]

Do these fools not realise who they are taking on

[davefirewalker]

ermmmmmmm let me think about that one for a minute

.

.

.

NOPE

 

 

Dave

[ncf355]

Monument has just wrote back to say that they are investigating..............

 

 

 

the clock is ticking they have until thursday, mind you I may leave it until fri or Monday, and then get medieval with them. MCOL here I come!!

 

Dave

 

Hi Dave,

 

I'd really recommend doing an N1 in person at your local county court - gives you so much more room for a detailed claim

 

IMHO of course!

 

[davefirewalker]

Just noticed one that I had forgotten about Onetel Communications

had a run in with them a few years ago and got a default.

 

I had cca'd them and they couldnt supply any agreements etc and i had a slanging match on the phone. TOTALLY forgot about it.

 

just got my report from the cra's and guess what NO DEFAULT !!!!!

 

they must have wiped it

 

Dave

[davefirewalker]

latest news

 

check the agreement in post 1, especially the dates of sigs.

 

They signed before me.....which changes the nature of the agreement.

 

It would become executed when I signed it, meaning that they have to send a seperate cancelation notice, which they didnt !!!!

 

might be a get out yet

 

Dave

[davefirewalker]

Hi guys....

 

just recieved in this mornings post a threatening letter from moorcroft chasing the morgan stanley account. just fired them off with a flea in their ear!!!

 

the funniest bit was at the bottom of the letter they stated "PLEASE NOTE WE HAVE CONFIRMED WITH A MAJOR PUBLIC UTILITY THAT YOU ARE IN OCCUPANCY AT THE ABOVE ADRESS"

 

So guess what they got from me?

 

With reference to your recent “Notice of Intended Litigation”, I have to inform you that this account is subject to a dispute which may also involve litigation. If you are acting as an agent for Morgan Stanley I would suggest that you refrain from pursuing this, as to do so in these conditions could be classed as unlawful. If you have bought this alleged debt then I will obviously have to change my Litigation. If this is the case please forward an address for the service of papers, or will your postal address suffice?

Morgan Stanley are aware of my plans and I am shocked that they have continued with this action.

 

Any further harassment by letter or by phone will be dealt with by the harassment act 1997 (see below).

 

Further as Morgan Stanley cannot supply my original agreement I find it hard to believe that you could, or do I have to officially ask you as well? Does a section 78 request of the Consumer Credit Act 1974 hold any meaning for you?

 

Please note I have confirmed with a major public utility that you are in occupancy at the above address

 

Contact me now

 

It’s your call !

 

I await your response

 

Protection from Harassment Act 1997

The Protection from Harassment Act 1997 introduces four new criminal offences:

harassment (section 2): summary only, six months' imprisonment and/or a level 5 fine;

 

Section 7 defines a course of conduct as involving conduct on at least two occasions. Harassment is not defined, but includes causing alarm or distress, and conduct is defined as including speech.

Section 7(3)A provides that:

Conduct by one person shall also be taken to be conduct by another if that other has aided, abetted, counselled or procured the conduct.

The knowledge and purpose of the person who aids, abets, counsels or procures conduct are what was contemplated or reasonably foreseeable at the time of the aiding, abetting, counselling or procuring and not when the conduct occurs.

[Zimmie]

Further as Morgan Stanley cannot supply my original agreement I find it hard to believe that you could, or do I have to officially ask you as well?

Does a section 78 request of the Consumer Credit Act 1974 hold any meaning for you?

 

Please note I have confirmed with a major public utility that you are in occupancy at the above address

 

Dave 2 points I have to make:

 

1. You inspire me

 

2. You have me in stitches

 

I can't wait to see their response.

Zim

[Yasmin]

Have been trying to paste my scanned Agreement on here .......can't seem to do it, HELP!!!!

[davefirewalker]

open a photobucket account on Image hosting, free photo sharing & video sharing at Photobucket

 

upload the image

 

below the image are three options for display use the third (IMG) right click it and copy

 

paste it into the text of your message

 

easy peasy !!!!

 

 

Dave

[davefirewalker]

Hi guys....

 

just sent this to amex re. my attempt to get the the interest back.

 

Lets see if they have an agreement ....

 

-------------------------

 

Dear Sirs,

 

On checking recent statements and my credit report I have realised that my card account is still current and it has a £1.00 debit balance.

 

In an effort to fully understand and record my financial dealings and history, I would ask that you supply me with a true copy of our executed agreement and any other related documents that are relevant to my request. I have this right under section78 (1) of the consumer credit act 1974. You obligation also extends to giving me a statement.

 

I enclose the statutory maximum payment of £1.00

 

I expect a reply in a timely manner

 

Yours faithfully,

[davefirewalker]

And this is the one i have just sent to mbna in the same sort of vein.

 

Data Protection Act 1998 disclosure request

 

Dear Sir/Madam

 

Subject access request

 

ACCOUNT NUMBER: xxxxxxxxxxxx (and others)

 

 

Please supply me with a complete list of transactions and charges or any data relating to my accounts held by you.

 

I require a full disclosure of any and all data that you hold about me, including but not limited to notes to the account, and any other relevant data.

 

Additionally where there has been any event in my account history over this period which has required manual intervention by any member of your staff or any other person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention or other evidence of that manual intervention in relation to my business with you.

 

If you are unable to supply data relating to manual intervention because there has been no such manual intervention then please be kind as to confirm this in your response to this request.

 

Should you wish for any form of ID I will happily send it, but please bear in mind that the address used is one that you have found acceptable and have used previously to conduct my private and financial business with in the past.

 

You have a maximum of 40 days in which to comply, which starts from day of receipt

 

 

yours faithfully,

[worm]

Hi dave Am new to this site and just reading your thread i think you are doing considerably good!! I was wondering if you could give advise? I have negotiated 5.oo a month to some creditors , but one will not accept they want 13.00 or will pass to mercers ,they have added late payment charges,over credit charges.and interest on cash balance and standard balance. despite myself contacting them in writing in march to notify them to close account and my offer and circumstances! I would like to get back some of these charges if i could. is their a template or could i do simaler to yours? dont know where to start with this really? any advise would be grteatley appreciated. thanks worm :?

[davefirewalker]

Ok first off we can leave for the time being the ones that are leaving you alone (we'll get to them later)

 

send a cca request to the ones that arent playing ball (this costs £1),

 

this has the effect of puitting all action on hold untill it is sorted.

 

they have 12 working days to give you the docs, if they cant , they cant enforce the debt untill they do !!

 

something like

 

------------------------------------

 

I do not acknowledge ANY debt to your company. I require you to supply the following documentation before I will correspond further on this matter.

 

1. You must supply me with a true copy of any alleged agreement

 

This is my right under your obligation to supply a copy of the agreement under the legislation contained within s.77 (1) and s.78 (1) Consumer Credit Act 1974 - your obligation also extends to providing a statement of account.

 

You are notified that you are obliged to supply these documents, whether you are the original creditor or not under S189 of the CCA 1974.

 

Non-compliance with my request is an offence under the above Act and will result in a report being submitted to the relevant statutory authorities.

 

As you are aware, a credit agreement that is not properly documented and signed by the customer is totally unenforceable under the CCA and therefore is a complete defence to any court claim that is issued.

 

Take note at this stage, that any legal action you may contemplate will be both vigorously defended and contested.

 

Yours faithfully,

 

------------------------------------------

 

then to find out WHAT you owe and for what you are being charged you can S.A.R - (Subject Access Request) them.......this costs £10

 

Your name etc

 

Their name etc

 

DATE

 

 

Data Protection Act 1998

 

Subject access request

 

Dear Sir/Madam

 

 

ACCOUNT NUMBER:

 

Please supply me with a complete list of transactions and charges and payments etc relating to my account for the last six years, or from its inception.

 

I require FULL disclosure, including but not limited to notes to the account, all transactions, copies of letters. Everything !

 

Additionally where there has been any event in my account history over this period which has required manual intervention by any member of your staff or any other person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention or other evidence of that manual intervention in relation to my banking business with you.

 

If you are unable to supply data relating to manual intervention because there has been no such manual intervention then please be kind as to confirm this in your response to this request.

 

You have 40 days in which to comply

 

 

Yours faithfully,

--------------------------------------

 

if you need any help give me a shout

 

Dave

[davefirewalker]

Just got a letter from wescot....chasing the sky "debt".....just typing up my usual "its in dispute get lost!!" letter along with the harassment section

 

---------------------------

Dear sirs

With regard to you “DEBT NOTIFICATION” please be aware that this amount has been in dispute since LONG before your first letter. Sky is not responding to my requests, and if they still refuse after my latest request I intend to start litigation.

 

However, as you now realise that this is in dispute I am sure that will cease all communications, until this has been settled.

 

Failure to do so after being warned could be classed as harassment under the 1997 act.

 

Thank you for your time and I look forward to not hearing from you again

 

Mr D firewalker

 

s1 Prohibition of harassment.

(1) A person must not pursue a course of conduct-

(a) which amounts to harassment of another, and

(b) which he knows or ought to know amounts to harassment of the other.

(1A) A person must not pursue a course of conduct -

(a) which involves harassment of two or more persons, and

(b) which he knows or ought to know involves harassment of those persons, and

© by which he intends to persuade any person (whether or not one of those mentioned above)-

(i) not to do something that he is entitled or required to do, or

(ii) to do something that he is not under any obligation to do

(2) For the purposes of this section, the person whose course of conduct is in question ought to know that it amounts to or involves harassment of another if a reasonable person in possession of the same information would think the course of conduct amounted to or involved harassment of the other.

s2 Offence of harassment.

(1) A person who pursues a course of conduct in breach of section 1 is guilty of an offence.

(2) A person guilty of an offence under this section is liable on summary conviction to imprisonment for a term not exceeding six months, or a fine not exceeding level 5 on the standard scale, or both.

(3) In section 24(2) of the Police and Criminal Evidence Act 1984 (arrestable offences), after paragraph (m) there is inserted-

"(n) an offence under section 2 of the Protection from Harassment Act 1997 (harassment).".

 

 

 

ohhhhh wont they learn:(

 

dave

[worm]

Ok first off we can leave for the time being the ones that are leaving you alone (we'll get to them later)

 

send a cca request to the ones that arent playing ball (this costs £1),

 

this has the effect of puitting all action on hold untill it is sorted.

 

they have 12 working days to give you the docs, if they cant , they cant enforce the debt untill they do !!

 

something like

 

------------------------------------

 

I do not acknowledge ANY debt to your company. I require you to supply the following documentation before I will correspond further on this matter.

 

1. You must supply me with a true copy of any alleged agreement

 

This is my right under your obligation to supply a copy of the agreement under the legislation contained within s.77 (1) and s.78 (1) Consumer Credit Act 1974 - your obligation also extends to providing a statement of account.

 

You are notified that you are obliged to supply these documents, whether you are the original creditor or not under S189 of the CCA 1974.

 

Non-compliance with my request is an offence under the above Act and will result in a report being submitted to the relevant statutory authorities.

 

As you are aware, a credit agreement that is not properly documented and signed by the customer is totally unenforceable under the CCA and therefore is a complete defence to any court claim that is issued.

 

Take note at this stage, that any legal action you may contemplate will be both vigorously defended and contested.

 

Yours faithfully,

 

------------------------------------------

 

then to find out WHAT you owe and for what you are being charged you can S.A.R - (Subject Access Request) them.......this costs £10

 

Your name etc

 

Their name etc

 

DATE

 

 

Data Protection Act 1998

 

Subject access request

 

Dear Sir/Madam

 

 

ACCOUNT NUMBER:

 

Please supply me with a complete list of transactions and charges and payments etc relating to my account for the last six years, or from its inception.

 

I require FULL disclosure, including but not limited to notes to the account, all transactions, copies of letters. Everything !

 

Additionally where there has been any event in my account history over this period which has required manual intervention by any member of your staff or any other person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention or other evidence of that manual intervention in relation to my banking business with you.

 

If you are unable to supply data relating to manual intervention because there has been no such manual intervention then please be kind as to confirm this in your response to this request.

 

You have 40 days in which to comply

 

 

Yours faithfully,

--------------------------------------

 

if you need any help give me a shout

 

Dave

Hi dave thank you that is great so i will cca them first. what should i do about the phone calls? do i just tell them i have sent a cca and leave it at that? dont pay them anything?