Saffy v Cabot / Barclaycard

[jax007]

Re: Saffy v Cabot / Barclaycard

Hi Ben

I am assuming this is one of your brilliant template letters here.

As you may not be aware , failure to comply with this request within 12 working days renders the alleged debt UNENFORCEABLE in law. Furthermore, if this non-compliance continues for a further month then a summary, criminal offence is committed.

Does the new CPUTR 2008 regulations not come into force here ... ie the new 2-month extension to the 12-day deadline to respond positively???

If so, is a summary, criminal offence STILL committed if they go over the 12+2 deadline??

Cheers
jax

[Curlyben]

Re: Saffy v Cabot / Barclaycard

Yes I know CPUTR has repealed this part of CCA, there is no longer a criminal offence committed, but to be honest it was never pursued anyway.

I'd be inlined to leave it as, especially as that is a quote from CCA anyway.
Now if the DCA comes back and attempts to argue CPUTR sections about the criminal offence, then they are pretty stupid and will get an even bigger slap

[jax007]

Re: Saffy v Cabot / Barclaycard

Bagsy I'm first in the 'slapping queue' then

Just to be a pain ... I hear what you are saying and understand that, but what about the new 12+2 as opposed to 12+1 (or do we ignore that bit too?)?

In other words do we give them the benefit of the doubt (NO! NO! I hear him cry .................) and allow another month after the initial 12 days?

jax

[Curlyben]

Re: Saffy v Cabot / Barclaycard

I still operate to the CCA timescales.
There is little to be gained in hitting them after 12 working days, but that extra month cements the fact they are highly unlikely to comply with your request.

[Sapphire]

Re: Saffy v Cabot / Barclaycard

Don't you just love CCA.

[jax007]

Re: Saffy v Cabot / Barclaycard

Hell yes !!

Quick question for Curlyben and at the risk of hijacking this thread (it's just a quick question ... I hope!)

OCs are still chasing payment in light of unenforceable agreements and some have now issued Default Notices.

What is my next move? Is it one of the letters from Ben's Guide ..........? And if so which one please??

Ta muchly
jax

[Curlyben]

Re: Saffy v Cabot / Barclaycard

Time for a formal compliant

[jax007]

Re: Saffy v Cabot / Barclaycard

Is it one of the letters from your Guide? If so which one?

If not, what form does formal complaint take?



jax

[Sapphire]

Re: Saffy v Cabot / Barclaycard

Reply received today,

Dear Saffy

YOUR ACCOUNT

Further to your most recent correspondence regarding the account detailed opposite.

We can confirm that all information you requested was sent out to you on 12 August 2008.

We hope this helps resolve your query and call us to arrange a repayment program.

01732 542615

Yours

Well then Curly I suppose after you have picked yourself up from the floor and dried your eyes from all the laughing, you will have another one of your communications at the ready pmsl.

msl::kiss:

[Curlyben]

Re: Saffy v Cabot / Barclaycard

ROFLMAO

Well as ever they are eloquent
Time for TS in that case as they are clearly demanding payment on an legally unsubstantiated debt.

[Sapphire]

Re: Saffy v Cabot / Barclaycard

Got this through the post: dated 8 Sept 2008

Dear Ms Saffy

Your outstanding debt of £.....

This is your last opportunity to agree a suitable repayment plan, before we move your account to our Pre-Litigation Department.

The most important this now is to contact us .... blah blah blah

Also got this today dated 26 September 2008

Your Cabot Account is now overdue

We've recently obtained confirmation that you live at the above address. Your account is overdue and we need to talk to you as soon as possible.

Call us on blah blah blah

Okies over to you Curly msl:

[Curlyben]

Re: Saffy v Cabot / Barclaycard

You know what I'd be inclined to simply right back acknowledging their threats and saying you await the court papers with pleasure
------------------------------- merged -------------------------------
Hows this:

Dear twunt,
Thank you for your letter of Blah, the contents of which are noted.

After taking advice, I wish to inform you that I will no longer be conversing with any member of your company concerning this debt, As you have blatantly failed to address any of the points I have raised in my previous letters.

Any further communications concerning this alleged debt will only be conducted through due process of the County Court system.

Continuation of these baseless threats WILL results in serious legal ramifications for your company and any employees that choose to ignore this FINAL response.

I trust I make myself clear in this regard and I do NOT expect to receive a response to this letter unless it is an apology for the distress and harassment you have caused me.

Your faithfully

Sapphire
(Your worst nightmare)

That should make them take notice

Told you I'm feeling bolshie !!

[Sapphire]

Re: Saffy v Cabot / Barclaycard

Ok thanks for that hun, I'm going to re-send the letter in #12 and try to put a letter of complaint together to Trading Standards, might need help with the letter though.
I'll do it later when it quietens down here.


ooooops we both posted at the same time pmsl.

Okies will send that fantastic letter and a copy of #12 and do a letter of complaint to trading standards, blimey I'm going to be a busy saffy arn't I.

Start shaking with fear Cabot, Curly and Saffy are after you.

[Curlyben]

Re: Saffy v Cabot / Barclaycard

Hey Sappy read again

[Curlyben]

Re: Saffy v Cabot / Barclaycard

Don't bother with #12 again simply go with #27 and watch them back track rapidly.

Now there is a chance, no matter how small, that they DO file against you for this.
I don't see this as a problem, persay, but be warned.

Could you throw a copy of the "agreement" over and I'll give it the CB defence write