un1boy - N1 issued for breach of CCA request

[un1boy]

Hiya Mate,

 

I'd be well scared if this did end up in court

[shane5408]

Hiya Mate,

 

I'd be well scared if this did end up in court

 

I know its daunting and the idea of it would definitely put the flutters in anyone stomach but with all the legal ammuniton you've got on your side there can really only be one outcome. I think if it did go to court your most important task would be educating the judge on the various parts on consumer law, they tend not to be extremely well versed in that matter! Have a read of the CL Finance thread i posted earlier if you haven't already done so, it will reassure you.

 

I'll keep my fingers crossed they see sense eand settle out of court!

[un1boy]

Great, thanks for your support.

 

What annoys me is that these companies' solicitors let them litigate like this - they should be saying, actually, he's right - we should settle out of court.

 

But instead, they continue to enter defences and stuff, wasting everyone's time. The solicitors are obviously so scared of losing the contracts, it's sickening.

 

Can we complain about that to somone? The Law society aren't interested.

[hellhasnofury]

Great, thanks for your support.

 

What annoys me is that these companies' solicitors let them litigate like this - they should be saying, actually, he's right - we should settle out of court.

 

But instead, they continue to enter defences and stuff, wasting everyone's time. The solicitors are obviously so scared of losing the contracts, it's sickening.

 

Can we complain about that to somone? The Law society aren't interested.

 

Hello Uniboy,

 

Yeah I know what you mean, its like when you sell your house, everybody comes out of the woodwork, for a cut of your money.

Have you ever meet a poor solicitor:lol:

[un1boy]

lol, i know what u mean mate.

[un1boy]

How funny is this? I've had letters from the DCA which is owned by the bank, telling me it's a final demand and if i don't pay then they will take me to court.

 

I wrote back explaining that i had already entered court papers against them as the agreement is unenforcable and asked them to stop contcating me.

 

They wrote back telling me that the final demand was because i did not make a payment since the FOS ruled in their favour after my complaint. They also said that they were unaware of the legal action and want me to send them the details.

 

I'm not sending them the details - they have acknowleedged my claim, so the sols should tell them.

[noomill060]

You should also inform the court that they are hassling you over a disputed debt which is before the court for consideration.

[un1boy]

You should also inform the court that they are hassling you over a disputed debt which is before the court for consideration.

 

 

Ooh, I didn't think of that, although I do send all corres to the court too.

 

The best thing as well? I have written confirmation from the OFT that they are monitoring this (major) bank's suitability to hold a credit licecnse, so I'm sending all of these letters to them too, haha!!

[ncf355]

How funny is this? I've had letters from the DCA which is owned by the bank, telling me it's a final demand and if i don't pay then they will take me to court.

 

I wrote back explaining that i had already entered court papers against them as the agreement is unenforcable and asked them to stop contcating me.

 

They wrote back telling me that the final demand was because i did not make a payment since the FOS ruled in their favour after my complaint. They also said that they were unaware of the legal action and want me to send them the details.

 

I'm not sending them the details - they have acknowleedged my claim, so the sols should tell them.

 

 

LOL,

 

I had a very similar thing a few weeks back where I had entered a CCA N1 against a bank

 

They wrote asking for the details of the "alleged case" and I wrote back stating if they required info I suggest "they contact their legal team whom they so gainfully employ" as they had sent acknowledgement

 

They just crack me up!

 

[un1boy]

LOL,

 

I had a very similar thing a few weeks back where I had entered a CCA N1 against a bank

 

They wrote asking for the details of the "alleged case" and I wrote back stating if they required info I suggest "they contact their legal team whom they so gainfully employ" as they had sent acknowledgement

 

They just crack me up!

 

 

I know what oyu mean. I don't know whether to reply telling them to contact their solicitor, and inform them that all corres is being sent to the court, or whether to just leave it now.

[The Lantana]

An inspiring effort un1boy, good luck.

 

Regards

 

 

Lantana

[noomill060]

Write to the court, telling them about the harrassment you are suffering from the defendant.

[un1boy]

An inspiring effort un1boy, good luck.

 

Regards

 

 

Lantana

 

thanks Lantana

[un1boy]

Write to the court, telling them about the harrassment you are suffering from the defendant.

 

I am going to - I have mislaid one of the letter though!! :-/

 

Nevermind, I have the main one. I am als going to fax it over to TS!!!

[hellhasnofury]

Hello Un1boy,

 

Sorry to jump in, but I need some advise, I sent a ca request to nw in April, they sent me back a copy of I think a application form. They copy is unreadable, so I cannot tell if it has all of the prescribed terms, etc.

 

I wrote to them nicely to request a copy that was legible and they stated that they had already sent it and basically get lost:eek:

 

I again wrote to them, stating that they had now commited a offence and if they did not supply a readable document. I would report them to the enforcement authorities. They wrote back stating they would not respond until they were told to do by such enforcement authorities:eek:

 

I did reprot them to the oft and they did respond with the normal response, I have still not heard anything from the nw.

 

I am about to write again for a readable copy and quote the ref no from the oft asking again for a copy. I feel they do not want me to see the form in its glory:D

 

Now what I need to know.

 

Do I put the account into dispute and stop paying them

 

Do I issue court proceding against them for non compliance. They state they have complied, its just that I cannot read the info.

 

Sorry for the ramble, but I cannot seem to move forward with this one.

[un1boy]

Hello Un1boy,

 

Sorry to jump in, but I need some advise, I sent a ca request to nw in April, they sent me back a copy of I think a application form. They copy is unreadable, so I cannot tell if it has all of the prescribed terms, etc.

 

I wrote to them nicely to request a copy that was legible and they stated that they had already sent it and basically get lost:eek:

 

I again wrote to them, stating that they had now commited a offence and if they did not supply a readable document. I would report them to the enforcement authorities. They wrote back stating they would not respond until they were told to do by such enforcement authorities:eek:

 

I did reprot them to the oft and they did respond with the normal response, I have still not heard anything from the nw.

 

I am about to write again for a readable copy and quote the ref no from the oft asking again for a copy. I feel they do not want me to see the form in its glory:D

 

Now what I need to know.

 

Do I put the account into dispute and stop paying them

 

Do I issue court proceding against them for non compliance. They state they have complied, its just that I cannot read the info.

 

Sorry for the ramble, but I cannot seem to move forward with this one.

 

Don't write to them agian; you have been more than patient. They are required under section 77-79 to supply a legible copy, so they have not satisfied your request and therefore committed an offence.

 

I would write to them explaining that and tell them that you are going to invoke your legal right to cease payments. Advise them that any attempts to enforce the agreement will be reported to TS.

 

Also, I would enter court action against them - it's time to stop playing silly buggers and get them to sort this out!!!

[hellhasnofury]

Don't write to them agian; you have been more than patient. They are required under section 77-79 to supply a legible copy, so they have not satisfied your request and therefore committed an offence.

 

I would write to them explaining that and tell them that you are going to invoke your legal right to cease payments. Advise them that any attempts to enforce the agreement will be reported to TS.

 

Also, I would enter court action against them - it's time to stop playing silly buggers and get them to sort this out!!!

 

Hello Uniboy,

 

Many thanks for your reply, you are as always most helpful.

 

I will write and tell them they are in deep dodo, I have been wavering of this one, because I have so much trouble elsewhere. Now its their turn:D

Again thanks

[un1boy]

Hello Uniboy,

 

Many thanks for your reply, you are as always most helpful.

 

I will write and tell them they are in deep dodo, I have been wavering of this one, because I have so much trouble elsewhere. Now its their turn:D

Again thanks

 

Glad to be of help, good luck and keep us informed!!

[patrickq1]

good morning uni your on the ball this morn

[un1boy]

good morning uni your on the ball this morn

 

What a nice post, thank you Patrick.

 

Good morning to you too, hope you have a good day!!

[patrickq1]

have a question THE DATA PROTECTION ACT....Have you ever heard the term THE REPUGNANT RULE where if you sign the banks mandate to process your data it is in contracdition of your rights because the the mandate you sign is an implied term with regards to the DPA ,ive been yoying with this all last night and it is a contradiction against your rights not to disclose data unless processed fairly and acurately

also under this i have printed below can this also be used to force the banks to comply with your right for them to prove their charges and how they account for these figures etc

If the data are incorrect but accurately record the information given to the data controller by the data subject or a third party, the Court may consider the requirements set out in the interpretation of the Fourth Data Protection Principle contained in paragraph 7 of Part II of Schedule I to the Act namely: • • •

1. whether the data controller took reasonable steps to ensure that the data were correct, having regard to the purpose or purposes the data were obtained and further processed; and
    
   
2. if the data subject has already notified the data controller of his view that the data are inaccurate, and whether the data indicate that fact.
   

If the Court considers that these requirements have been complied with the Court may, as an alternative, order that the data be supplemented by a Court approved statement of the true facts.

If the Court considers that any or all of the above requirements have not been complied with, the Court may make such order as it sees fit.

If the data subject has suffered damage or damage and distress as a result of the data controller’s processing of inaccurate data, compensation may be awarded.

[tomterm8]

have a question THE DATA PROTECTION ACT....Have you ever heard the term THE REPUGNANT RULE where if you sign the banks mandate to process your data it is in contracdition of your rights because the the mandate you sign is an implied term with regards to the Data Protection Act ,ive been yoying with this all last night and it is a contradiction against your rights not to disclose data unless processed fairly and acurately

also under this i have printed below can this also be used to force the banks to comply with your right for them to prove their charges and how they account for these figures etc

If the data are incorrect but accurately record the information given to the data controller by the data subject or a third party, the Court may consider the requirements set out in the interpretation of the Fourth Data Protection Principle contained in paragraph 7 of Part II of Schedule I to the Act namely: • • •

1. whether the data controller took reasonable steps to ensure that the data were correct, having regard to the purpose or purposes the data were obtained and further processed; and
   
2. if the data subject has already notified the data controller of his view that the data are inaccurate, and whether the data indicate that fact.

If the Court considers that these requirements have been complied with the Court may, as an alternative, order that the data be supplemented by a Court approved statement of the true facts.

If the Court considers that any or all of the above requirements have not been complied with, the Court may make such order as it sees fit.

 

If the data subject has suffered damage or damage and distress as a result of the data controller’s processing of inaccurate data, compensation may be awarded.

 

i think you're getting into the teritory of over complicating things... there are an entire raft of provisions in the data protection act, but it comes down to, no-one can process your data without EITHER your consent OR a leigitimate interest in the data. And if the data is wrong, they should alter it to make it accurate... or, the court can order them to do so.

[patrickq1]

thanks tom i think you know i strenuously object to having to sign any contract with the passing or processing of data i think this should be a seperate contract....

whilst your on here tom and uni someone needs a bit of help on a new thread ,i cant help cause i aint that clever and probably get them locked up knowing me lolhttp://www.consumeractiongroup.co.uk/forum/natwest-bank/110801-natwest-bank-cpr18-request.html

[clearmydebts]

subscribing

[rich2568]

uni- I`ll be crossing my fingers for you- go get `em!!