Thincat CCA issues

[thincat]

Re: Thincat CCA issues

Curlyben,
Thankyou for the reply. That really helps. Yes I've seen and read the link you've given
more than once(I'm going to read it again). The whole thing is STILL quite a learning
curve for me even though I've had to deal with other (relatively) minor legal issues.
In this instance it's a matter of being SURE of one's ground. Anyway thanks for the
clarification.

Thincat

[thincat]

Re: Thincat CCA issues

Hi Curlyben,
Debt Managers (Edinburgh),have sent a "Notice of Legal Action" letter which I received this morning.
What would you suggest as a next course of action? I was thinking of sending the
"bemused" letter as mentioned in your guide however you suggested waiting for another
letter from them and they've sent one! Yet again your advice would be appreciated.

Thanks,

Thincat.

PS. Would you like me to upload the letter?

[Curlyben]

Re: Thincat CCA issues

Fire off a Prove It for starters, just to make sure it's exactly what you think it is
Especially as you have no notice of it being sold etc..

[thincat]

Re: Thincat CCA issues

Hi Curlyben,
Received a letter from Apex Credit Management re Current Account(which I'm reclaiming
Unfair Charges for). They want ALL the money. My 2nd Dispute letter to Consumer Debt
Recovery has gone but crossed this letter in the post. Shall I wait and see what happens next while adding up my charges. Or send the 2nd dispute letter to them?

Thanks,

Thincat.

[thincat]

Re: Thincat CCA issues

Hi,
Just remembered something else! My T&C from Lloyds Bank arrived today as well! Also I've got another query(if this is in the wrong place please tell me). The contact address for the 1st letter to be sent to lloyds re reclaiming Unfair Charges gives the Gresham St.
address-no problem, however which dept. should I send it to? The last time I sent a letter
to that address without specifying a dept or person, it vanished and I don't want to
repeat the error. If you can't help, do you know anyone else who might know.

Thanks,

Thincat(again)

[charitynjw]

Re: Thincat CCA issues

Hi guys,

sorry for butting in.

I think I read somewhere that the bloodsuc........sorry, banks, have been shredding records over 6 years old. (Maybe I just dreamt it - must stop with the midnight cheese sarnies!)

Is it the case?

What if you have hung onto your old records?

cnjw (butting back out!):tinysmile_grin_t:

[thincat]

Re: Thincat CCA issues

Hi Charitynjw,

I put in an SAR and got stuff going back to 1996 (Bank Statements that is). I thought I might be able to get stuff going further back but I don't know. Not bothered though I've
got plenty to be going on with! Meanwhile I'm hoping for a reply to my posts.

Thincat

[Tools]

Re: Thincat CCA issues

Sorry if your questions have been overlooked.

Hi Curlyben,
Received a letter from Apex Credit Management re Current Account(which I'm reclaiming
Unfair Charges for). They want ALL the money. My 2nd Dispute letter to Consumer Debt
Recovery has gone but crossed this letter in the post. Shall I wait and see what happens next while adding up my charges. Or send the 2nd dispute letter to them?

Thanks,

Thincat.

Tell them once again that the account is in dispute. Remind them of their duty to follow http://www.oft.gov.uk/shared_oft/bus...dit/oft664.pdf

Hi,
Just remembered something else! My T&C from Lloyds Bank arrived today as well! Also I've got another query(if this is in the wrong place please tell me). The contact address for the 1st letter to be sent to lloyds re reclaiming Unfair Charges gives the Gresham St.
address-no problem, however which dept. should I send it to? The last time I sent a letter
to that address without specifying a dept or person, it vanished and I don't want to
repeat the error. If you can't help, do you know anyone else who might know.

Thanks,

Thincat(again)

I do not know the exact department but if you title it FAO Dispute Resolution I am sure it would find its way to them. Send it recorded delivery or signed for, that way you know it will have arrived (barring the postal strikes)

[thincat]

Re: Thincat CCA issues

That's fine. Things are warming up somewhat and I've received a letter from ANOTHER DCA this time concerning the Lloyds Access account (Creditcard2). They're called
Allied International Credit(UK) LTD based in Glasgow (looks like I'm getting popular with Scottish DCAs) they want ALL the money as well. Seeing as no compliant or written CCA
has been sent to me(see previous posts and JPG of looroll!) I want to send the same
"prove it" letter to the as I have done with Debt Managers Ltd.
IS this advisable or shall I wait for their next move?
Am I right in assuming that all this intimidation is the result of the Test Case decision
on 6th October? I stand to be corrected on this or am I just being harrassed to try and
get me to call "uncle"?
BTW I've just noticed that the return address for Allied International Credit is
Reading, Berkshire-confusing! Yet again thank you all for your help so far I really
do appreciate it.

Thankyou,

(VERY) Thincat

[Curlyben]

Re: Thincat CCA issues

Remember, NO response until you get the DCA's SECOND demand, then fire off a Prove It for openers.
Might as well see what they have.
Time to play things on YOUR time scales and not from their Nastygram demands.
As you well know these are total Bovine Excrement anyway

[thincat]

Re: Thincat CCA issues

Yet again Curlyben, thanks.

[thincat]

Re: Thincat CCA issues

Hi,

Received a reply to the "Prove it" letter sent to Debt Managers(Edinburgh). Basically a bit
of A4 with a number of options and a box to be ticked at bottom of the page at the last
option it says "We refer to previous correspondence.This debt realates to a Credit Card
account opened on ..........(over 20 years ago) in the name of ............Account no. .......
....... We look forward to receiving your proposals for payment."

That's all-no threats re Court(can't see how they can-no CCA), just that.
Question- Having read the thread re being passed to a 2nd DCA (which this is) and they
have not sent a Notice of Assignment can I send a letter to them pointing out that the
debt is unenforceable because of no CCA?
Also I'm thinking seriously of TS and OFT because this is obvious harrassment.
Any suggestions?

Thincat

[Curlyben]

Re: Thincat CCA issues

Leave it for now and see if they can be bothered to write again.
As you surmise they are acting as agent for another DCA and as such have zero legal powers

[thincat]

Re: Thincat CCA issues

Blimey,that was quick!!! Thanks for that though. I'm looking at more stuff on this site
and I have to say there is LOADS of useful stuff here I obviously don't get out enough!!!
I've got lots to do.

Thanks yet again Curlyben,

Thincat

[thincat]

Re: Thincat CCA issues

Hi Curlyben,
I thought I'd update you re the current position re the CCAs with Lloyds et al (CL Finance).
Nothing from ANYBODY since the 2nd november and I'm wondering, since the CCAs are
unenforceable, if the DCAs are waiting for the outcome of some test cases supposed to be
coming up at the end of the month(?). Any ideas on the deafening silence? My concern
is based on the fact that they haven't written to say they agree that the CCA is unenforceable and really I can't see what else they can do except send more
threatening letters or go to court(and it was pointed out that the 2nd DCAs have no
legal powers). I am aware that you might well be busy but any ideas would be
appreciated.

Regards,

Thincat