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Moon phases


RobWay/Cohen - advice please?

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RobWay/Cohen - advice please? - Page 2 Empty Re: RobWay/Cohen - advice please?

Post by Mrblue on Wed Jul 10, 2019 10:13 am

@waylander62 wrote:It is possible for them to wriggle out of providing the agreement based on that type of letter at this early stage and go ahead and issue a claim.

however the CCA states that a request can be made for a copy of the agreement, a statutory fee is payable (£1). Failure to comply with this official request under the act renders any agreement unenforceable until the request has been complied with.

So sending a request for the agreement separately as per the CCA, in my opinion, closes any doors the DCA might try to use to escape.

the courts will frown on any claimant issuing a claim whilst in breach of an official CCA request, even strike out the claim.

Much appreciated buddy and understood Smile
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Post by Musicbox34 on Thu Jul 11, 2019 12:56 am

@waylander62 wrote:If you have already received a signed copy of the agreement then there isnt really any need sending a new one.

have you sent a SAR ?

any news on the default notice?

I've sent a SAR, but not heard anything back yet.
Rob Way haven't sent a copy of the Default Notice. I don't have one with my papers for this, but it was 2014 so it will be with some older papers I need to check through.
I was making a token payment to the OC for about 2 years and then I suddenly got a letter saying they had sold the account to Hoist and I should make the payment to Hoist instead. I stopped paying as I never made any agreement to pay Hoist for anything. So that is how I got to this point.

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Post by Mrblue on Thu Jul 11, 2019 5:55 am

You should have received a default notice from the OC so double check. A SAR will rarely also provide you with the default notice (none of the banks / CC providers did when I sent a SAR...)
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RobWay/Cohen - advice please? - Page 2 Empty Re: RobWay/Cohen - advice please?

Post by Musicbox34 on Sun Jul 14, 2019 11:54 pm

Ok. I need to send this off this week or I'll be out of time.

So I need to send:
- the letter I posted on the previous page (still not sure about the sig?)
- the reply form saying that I don't admit any of the debt and asking for the same info as I'm asking for in the letter
- I don't send the CCA request as they've already sent me the credit agreement, but I do ask for the credit agreement in the letter and reply form?

Is this correct? I really need to send this in the next couple of days and I want to make sure I have it right. I don't want to miss anything that might be important as it seems they have everything they need.

Thanks for your help!

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Post by Musicbox34 on Tue Jul 16, 2019 2:53 am

Ok, looking back over some old threads it looks as though I do need to send the CCA request and it should go to Hoist.
I can't find a template or information about what form the CCA request should take. Can someone tell me where I can find this, or what it needs to say please?
Also do I sent this to Hoist or to Rob Way?
I'd be really grateful for a reply as I have to send this all off tomorrow!
Thanks.

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RobWay/Cohen - advice please? - Page 2 Empty Re: RobWay/Cohen - advice please?

Post by waylander62 on Tue Jul 16, 2019 8:18 am

send the cca request separate and include a £1 postal order keep it simple it just needs to be an official request so you can use what is written in number 1 of your original letter

you can then also send the rest of what is in the letter for other documents you are entitled to

and also send the part of the pre action forms that say you require more info.

send it to cohens as they are threatening court.

dont you already have a copy of the agreement though ?

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RobWay/Cohen - advice please? - Page 2 Empty Re: RobWay/Cohen - advice please?

Post by Musicbox34 on Wed Jul 17, 2019 2:40 am

@waylander62 wrote:send the cca request separate and include a £1 postal order keep it simple it just needs to be an official request so you can use what is written in number 1 of your original letter

you can then also send the rest of what is in the letter for other documents you are entitled to

and also send the part of the pre action forms that say you require more info.

send it to cohens as they are threatening court.

dont you already have a copy of the agreement though ?

Thanks for the help and advice - I think I understand what I'm doing now!

I decided to send the CCA request for the agreement to Hoist anyway. I was taking another look at the copy they sent. The notes down the side are just about readable. I thought these were the terms & conditions, but after squinting at them under a bright light they seem to refer to terms & conditions on the back of the agreement. There's no t&cs on the back, just a stamp with some admin stuff. So they haven't actually sent what I asked for, so I thought I might as well request it again.
There's also no date on the agreement. There's a stamp that might be a date stamp, but it's very blurred. Shouldn't it be fairly important to have a definite date on the agreement?

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Post by daveiron on Wed Jul 17, 2019 6:07 am

Its been my experience that what they have sent you is probably all they have ,so important that you request a true copy. Its my guess you will get exactly the same again.
With one of mine all they can ever produce is in two separate halves ,they do not even have it on a single sheet.
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