Thincat CCA issues

[Curlyben]

Re: Thincat CCA issues

TBH the test cases shouldn't make a difference to their compliance, that would imply they actually gave a damn

[thincat]

Re: Thincat CCA issues

Ok,thanks for that.

Thincat.

[thincat]

Re: Thincat CCA issues

Hi Curlyben,
Well ,Allied International Credit(UK) Ltd have sent me a "threatomatic" 'Letter of Intent'
re the Lloyds tsb "£4000+" account basically saying they're going to Court etc,etc. I'm
going to send them the "Prove it" letter and see what happens. Is it worth mentioning
the text of the letter, I don't have it to hand at the moment. I'll keep you posted. The letter arrived this morning.


Thincat

[Curlyben]

Re: Thincat CCA issues

Sounds about right.
Make all kinds of threat BEFORE ensuring the correct person is being harassed

[thincat]

Re: Thincat CCA issues

Thanks, working some stuff out before I make the next steps etc, very busy at the moment.

Thincat.

[thincat]

Re: Thincat CCA issues

Hi Curlyben,
Have sent the "Prove it " letter to Allied Credit International(UK) and will wait and see what they have to say. I've read the OFT's statement on the rest of this site and I'm gutted! However it doesn't pay to get too downhearted. At the moment all is quiet, we'll
see. I'd like to take the oppurtunity to thank you profusely for ALL the help and support
you've given this year and to wish you and your family a VERY Merry Xmas and a
fruitful and fulfilling 2010. The Battle continues!!

Thincat:cancan:

[thincat]

Re: Thincat CCA issues

Hi Curlyben,
A few days ago I heard on Radio 4 about the outcome of the Judge Waksman test cases
in the Manchester High Court(Happy New Year BTW). I've read Amethyst's post in the
CCA section and some stuff on CAG, however I feel I could do with a little more clarification
about this judgement in relation to my own situation concerning the CCAs I am personally
concerned with. At the moment everything is quiet but I feel that it won't be for much
longer.
As I understand it:-
1) 2 of the CCAs are enforceable despite the fact that no signed copy has been provided.
2). It is no longer necessary to provide a signed copy-another copy will do so long as the original T&C are there.
3).The post 12 day period when the CCA is no longer enforceable because of default no
longer applies.
4). Does this mean more hassle from DCAs?

If you could help with this I'd be grateful. I'm going to continue to do more research.

Thanks,

Thincat

[Curlyben]

Re: Thincat CCA issues

1) they still need the agreement for enforcement action
2) True, but that was always the case anyway. That being said it was clarified that the debtors ORIGINAL address is on the document.
3) Nope, there is still a default situation and during this time enforcement action cannot be taken, but this can be rectified by compliance.
4) Bring it on.

Remember there is STILL a requirement for the original agreement and the appropriate T&C's.

No worries really.

[thincat]

Re: Thincat CCA issues

Curlyben,
Many,many thanks for that, it REALLY clarifies things. I hope the weather ain't getting you down!

Big thankyou,

Thincat:bounce:

[thincat]

Re: Thincat CCA issues

Hi Curlyben,
Having read the previous posts on this thread I'm reacting with interest in relation to the
latest phase of activity re the Lloyds TSB Trustcard(Credit Card 2). The 2nd DCA, Debt Managers LTD responded to the "Prove it" letter I sent them with just the date the account was opened (1987) and nothing else. After that, nothing, till now. I received
a letter from their solicitors Russel & Aitken stating:-
"We write to advise you that we have received instructions from Debt Managers Ltd to
consider proceeding with Court Action(Bold Letters!) re your account. We may instruct our agent in England and Wales Martineau Solicitors to take you to court for non-payment
of this account(my paraphrasing)". The letter then goes on to mention stuff about extra costs resulting from court action and Credit Rating issues and finishes with saying I should get in touch with Debt Managers LTD to pay them the money to avoid being taken to court.
Bearing in mind I have NOT received a copy of the CCA,despite a request for one and
therefore the whole thing is unenforceable it seems that DM et al are going to an awful lot of trouble. I notice that DM have been rather busy lately (I saw another post about them
and their solicitors earlier).
What I'd like to know is do I reply to them or wait for the next phase(Court Action and
yes I've seen the post about that)? I suspect from the tone of the letter that it's another
"threatomatic" missive from this lot.
Thanks for all your help and that of others so far. I can see this going "the full 12 rounds!"

Thincat:tinysmile_grin_t:
------------------------------- merged -------------------------------
Hi Curlyben,
Just looked at your CCA guide and found the "Letter for Solicitors". Can you confirm that
this may well be the appropriate response to Russel & Aitken under these circumstances?

Thincat.

[Curlyben]

Re: Thincat CCA issues

Fire it at the muppets.
DM have clearly NOT shown your liability to this debt in any meaningful, or even legally compliant, manner..

I have a feeling this is simply a bulk purchased template, but what the heck

Note all the consider and may positively maybe if ever I saw it..

not we are and we will..

I bet it goes on to say what happens after they get judgement and instruct bailliffs and to cancell xmas for all eternity..

[thincat]

Re: Thincat CCA issues

Hi Curlyben,
Thankyou for that(apologies for the delay in replying). Strange to say the letter didn't
mention stuff about Bailliffs etc at all just said at the end of the letter that they would not
be corresponding any further on the matter. At least I now know what to do. All this stuff is starting to become almost predictable.

Again, Thanks,

Thincat.

[thincat]

Re: Thincat CCA issues

Hi Curlyben,
Since the last post I've received a letter from ANOTHER DM threat agency called PARKGATE
INVESTIGATION BUREAU. Their letter received on thursday 21st jan is as follows:-
"Your account is in the process of being referred to this office.(My paraphrasing here) Since you haven't made arrangements to pay up we've been told to make enquiries into
your current financial position. If you don't want us to do this phone DM. If you don't
do this in the NEXT 3 DAYS your stuff will be passed to a doorstep collector or ourselves.
we will arrange for a visit from a collector or one of our Trace and Audit investigators will be instructed. This account will be registered as "not paid"with our Bureau till you cough up".

This arrived before I sent the reply to the Russel & Aitken(reply now sent) so I think they
were bluffing on that one and I feel that they're either desperate or really think I'm
going to roll over. Is it worth replying to this or do I wait for them to do their worst?
I'm aware that IF(a very big IF) they do attempt to visit I don't have to let them in
because they aren't Bailliffs(read the thread on that one thanks) and they need a court
order and they can't turn up on spec hoping I'll be in. I want to reply to this one but apart
from the stuff re Collection visits I'm not sure what else to say. I know that legally they've
not got a leg to stand on so they seem to be outsourcing their intimidation Also I've got
a mind to complain about this DCA(I saw the thread on that and I'm going to look at it
again asap) because I've had it with this lot. Any advice appreciated.

Thanks,

Thincat.

[Curlyben]

Re: Thincat CCA issues

File it under I as they clearly have no idea what they are doing.
Why would they refer it to their "Trace and Audit investigators" as they already know where you are.
What complete Bovine Excrement..

[thincat]

Re: Thincat CCA issues

Thanks Curlyben, I'll let them stew in their own Haggis then.

Thincat.