12 Notices sent and various replies received any suggestions

Re: 12 Notices sent and various replies received any suggestions

Postby Smudge » Tue Nov 17, 2009 10:22 pm

Hi,

I too am new to this, find steves actions very encoraging. we have something in common steve, I too have a french partner/wife but we live in France.
When we moved over 13yrs ago I continued to use my UK Visa and Mastercard and am in dept of 6k. I can't work because my wife is ill with multiple sclerosis and Bipolar, so for yrs now have been making the minimum payments and after so many yrs of paying such high interest rates must have paid off the original dept 1.5 times.

I've had the cards since about 1985 and am pretty sure the won't have a signed copy of mine on any contract.

Does anyone know if the actions taken bye Steve would still apply to me. I'm desperate to rid myself of this dept as sadly France since adopting the Euro has become a very expensive place to live.

Thanks in advance.

Smudge
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Re: 12 Notices sent and various replies received any suggestions

Postby kevin » Tue Nov 17, 2009 10:37 pm

Smudge: the same applies to any debt, if you cant prove a debt exists how can you enforce it?
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Re: 12 Notices sent and various replies received any suggestions

Postby Smudge » Tue Nov 17, 2009 11:11 pm

Thanks Kevin, this is a huge weight off my mind.

I think I have a couple of letters to write.
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Re: 12 Notices sent and various replies received any suggestions

Postby Arten » Wed Nov 18, 2009 9:23 am

The first one is something like this

RE Account no:xxxxxxxxxxxxxxxxxxxxxxxxxxxx


1st April 2009

This letter is a formal request pursuant to s.77/78 of the Consumer Credit Act 1974. I
require you to provide me with a true copy of the Credit Agreement relating to the
above account, together with any other documentation the Act requires you to provide.

I expect you to comply fully and properly with this request, within the statutory time
limit. You are reminded that should you fail to comply with my request, the
provisions of s.77(6) will apply.

If it is your view that you are not the creditor, s.175 of the CCA 1974 applies in the
case of a simple assignment, and places a duty upon you to pass this request to the
creditor. In the case of an absolute assignment, you are a creditor as defined by s.189.
If you contend that you purchased the rights but not the duties of any agreement, you
are reminded that s.189 of the Act is clear that an assignment is of both rights and
duties.

Your attention is drawn to ss.5(2), 3(b),6 and 7 of the Consumer Protection from
Unfair Trading Regulations 2008 (CPUTR).

I enclose a postal order in the sum of £1.00, which is the statutory fee. Note that these
funds are not to be used for any other purpose.

If you are unable to comply fully and properly with this request, you should confirm
this in writing at the earliest opportunity, and certainly within the statutory time limit
for compliance, and return the fee.


Regards
Twinkle Toes






Then when they refuse send a Notice of Conditional acceptance in which under FOI you ask them to show you the contract.Don't forget to include the £1 postal order with the template letter above and do not sign anything ever, unless they are willing to pay for your signature.
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Re: 12 Notices sent and various replies received any suggestions

Postby steve2577 » Wed Nov 18, 2009 2:49 pm

Can I ask a question

I was going to draft a covering letter to each CC along with a Notice to Compel if I was to use various text taken from other threads or even the bulk of the text from the last entry by arten. does this go in the covering letter or the actual notice?


The reason I ask this is that it makes a big difference and I was thinking about keeping the Notices simple but the covering letters more complex and don't want to do this if everything has to be embedded within the Notice to make it more effective.

Shall I include £1 postal order to comply with the various sections of CCA 1974

There a lot of articles with the site that refer to section 78 CCA 1974 but hasn't these been replaced by the act in 2007 if this is the case is it correct to assume that CC taken out prior to 2007 fall under the CCA 1974 and those taken after fall under the new act in 2007. Maybe a dumb question but I would of thought that if the reply you get quotes sections from the CCA 1974 then by default the card was taken out before 2007.







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Re: 12 Notices sent and various replies received any suggestions

Postby steve2577 » Wed Nov 18, 2009 3:10 pm

With reference to Capital One asking for something with my signature on it. Would it be valid to send the following within my next letter or Notice.


On 29th October 2009 I wrote a formal request pursuant to s.77/78 of the Consumer Credit Act 1974, requiring you to provide me with a true copy of the credit agreement relating to the above account, together with any other documentation the Act requires you to provide. To date you have failed to provide this documentation. Under the Act you are required to comply fully and properly with this request, within the statutory time limit of 12 (twelve) working days. I can find no mention in the Act, or indeed in Law, of a signature being required to initiate such a request, and Capital One policy cannot held to be above the Law in this regard. I must therefore inform you that my request stands, without a signature, and that should you fail to comply with it, the provisions of s.77 will apply.

Again in the covering letter or the Notice and is the statement above vlid in terms of the ACT and sections quoted?


Cheers everybody
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Re: 12 Notices sent and various replies received any suggestions

Postby steve2577 » Wed Nov 18, 2009 3:28 pm

To Barclaycard I would like to send this covering letter followed by my Notice (I will post this later).

On the 29th October 2009 I sent a letter requesting information from Barclaycard, I now send you a Notice to Compel enclosed. I have highlighted the areas where you have not adhered to my previous request.

My concern is that, as I do not have a copy of our agreement that is signed by both you and I such a contract may not in fact exist.

I placed upon you a duty to respond, and made it clear to you in my request what I wanted and I have not received from you what I asked for which was an authentic copy of a lawful bilateral contract, signed by both parties in which my signature is within the four corners of the document and not apart from it.
As stated previously I will be happy to pay any financial obligation that I might lawfully owe as soon as I receive the proof of claim document.


My Notice will be along the following;

NOTICE TO COMPEL

Re. Account: xxxxxxxxxxxxxxxx

I demand that you send me or give me sight of the following documentation.

• An authentic copy of a lawful bilateral contract, signed by both parties in which my signature is within the four corners of the document and not apart from it.
• Proof Of Consideration
• Full disclosure
• Proof of loss

Actions required:

You must provide me with or give me sight of the following:

• An authentic copy of a lawful bilateral contract, signed by both parties in which my signature is within the four corners of the document and not apart from it.
• Proof Of Consideration
• Full disclosure
• Proof of loss

All documents must be provided to me by 19th December 2009 (Nineteenth of December Two Thousand and Nine).

I place upon you a duty to respond, and make it clear to you that this Notice is time sensitive, if I do not receive all of the above within the timescales specified, I will write to inform you that through your acquiescence, my claims are held to be truth in law and are permanent and irrevocable by Estoppal.

If you do not provide me with all of the above documentation with in timescale provided any further correspondence will incur a Fee. The Fees will be £100.00 per Letter / Notice sent.

This Notice requires that you respond within twenty eight (28) days of the date of this notice.



Please do not ignore this Notice


Again comments very welcome as I keep changing my mind on what my second notice should be I have 12 CC I am dealing with so appreciat each one is slightly different in format and content.


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Re: 12 Notices sent and various replies received any suggestions

Postby steve2577 » Wed Nov 18, 2009 4:48 pm

Could somebody please clarify for me the order in which the letters are sent

First Letter requesting information

Second Letter Notice to Compel

Third Letter Estoppel

At what point do you send an opportunity to Cure etc




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Re: 12 Notices sent and various replies received any suggestions

Postby kevin » Wed Nov 18, 2009 4:55 pm

one asks you for £1 when the others don't, one asks for a signature when the others don't, others don't say anything, what is this telling you steve?

your letters/notices are fine, I'd loose the Please off "please don't ignore this Notice" your not asking them anything any more, your telling them

3rd opportunity to cure

4th estoppal
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Re: 12 Notices sent and various replies received any suggestions

Postby Smudge » Wed Nov 18, 2009 9:43 pm

Thanks Twickletoes,

Letters to Visa and Mastercard ready to be posted.

Mike
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