Lovemoney UE Diary

[ScabHunter]

Re: Lovemoney UE Diary

You don't need to do anything in my opinion. It's just a statement.

Until they can supply your agreement, they are in default.

That's exactly right.

Which is why I asked if anything else had been sent. If this routine statement is the only thing you've received since 18/4/12, then definitely leave well alone. The clock is ticking away, and the onus is on them to provide the paperwork.

SH

[Lovemoney]

Re: Lovemoney UE Diary

I've had nothing since 18/4/2012. So do you think I should stop the token £1?

[ScabHunter]

Re: Lovemoney UE Diary

I've had nothing since 18/4/2012. So do you think I should stop the token £1?

Yes, definitely.

If you keep making token payments while they are in default, you are defeating your own purpose. They provide no protection against the alleged creditor taking legal action (when the default ends), but they guarantee that you can never get closure on the situation through the limitation clock running out.

If I was in your situation, I would stop all token payments.

SH

[Pixie]

Re: Lovemoney UE Diary

I've had nothing since 18/4/2012. So do you think I should stop the token £1?

You're still paying £1? Why?

If you had stopped paying (or hadn't made the arrangement in the first place) the debt would be almost SB by now. Even if you'd stopped paying when you sent your cca request you'd be over halfway to SB.

I agree with SH, stop token payments.

[Lovemoney]

Re: Lovemoney UE Diary

SH

Thanks for the help....will cancel the standing order right away, wait and see what happens.

[CleverClogs (RIP)]

Re: Lovemoney UE Diary

I hope they don't notice for seven years.

[Undercover Elsa]

Re: Lovemoney UE Diary

That's entirely up to you Lovemoney, but if it was me I would, as otherwise the Statute Barred clock will never start ticking.
Are there any charges on this account?

Elsa xx

[Lovemoney]

Re: Lovemoney UE Diary

You're still paying £1? Why?
stop token payments.

That's entirely up to you Lovemoney, but if it was me I would, as otherwise the Statute Barred clock will never start ticking.
Are there any charges on this account? (NO)
Elsa xx

Many thanks for the opinions much appreciated.

UE/SB what I was looking for. The £1 standing order was set up before I join the forum. After on 26/3/12 CCA request sent I thought I have had cancelled the payment not until yesterday received the statement .

[Undercover Elsa]

Re: Lovemoney UE Diary

Then time to boldly go...

Make it so.

[Lovemoney]

Re: Lovemoney UE Diary

CAPITAL ONE (CREDIT CARD)
ACCOUNT SOLD TO DCA: CAPQUEST & FREDRICKSON INT.
HUSBANDS
26/3/2012
cca request sent. (Direct from Capital One)
6/4/2012
received a reconstituted copy of original Credit Agreement (cover letter dated 6/4/2012) Emailed Niddy
30/4/2012
Niddy confirmed MPT letter sent. (#151)
15/5/2012
received reply from Capital One saying previously provided with a copy of yr defaulted t&c and a reconstituted copy of orginal agreement, together with a scanned copy of signature page of original agreement with a statement. We have fully complied with the requirements of S78 of the CCA. You have failed to state why you allege that the Agreement is improperly executed pursuant to Section 61(1). The Agreement was properly executed pursuant to Section 61(1):
a) in the prescribed form and contains all the prescribed terms, conforms to the regulations under Section 60(1) of the Act and has been signed in the prescribed manner by the Claimant & Defendant.
b) embodies all the terms of the agreement, other than implied terms; and
c) when presented to the debtor was in such a state that all its terms were readily legible........
Review of the full agreement will no doubt agree contains all the prescribed terms and therefore fully enforceable.
23/5/2012
received HL LEGAL SOLICITORS letter (dated 19/5/12) TAKE NOTICE that if you fail to repay the arrears on the arrangements you have made of £2.00 by 28/5/12 Court proceedings may be issued against you for £10052.71 plus further costs that will be added. Furthermore, if you commence payments and fail in your commitments in future without good cause or reason, further action may commence without further notice.
29/5/2012 Balance £10052.71
received letter from Capquest further to yr recent communication we can confirm acceptance of this as follow: Instalment Amount £1 payment to be received by 27 Jun 12 failure to comply with the above will make the full balance become immediately payable and may then be liable for legal action, which if successful would increase yr liability to £10277.71. Due to low repayment amount able to offer the following settlement figure....settlement offer 71% of the balance outstanding = £7137.42 must be received by 4/6/12.
28/6/2012 Balance £10052.71
received letter from Capquest prior to the start of legal proceedings various checks & validations are undertaken to establish facts around yr current circumstances. There are outstanding CCJ's registered against you are in excess of three yrs old & this is the reason corresponding with you & highlighting this as a matter of urgency indicates to us that you may be attempting to repair yr credit file. If we were to start the legal process & Judgment is awarded it will remain on your credit file for 6 yrs could have a damaging affect on yr ability to obtain credit now & future like simple credit agreement such as mobile phone contract blah blah.... We are not seeking an immediate payment in full; can offer many repayment methods that can be designed around yr current circumstances which may include possible settlements that will save you money, do contact on XXXXXXX before 7/7/12. (Ref #299 & #301).
12/7/2012
received letter from Capquest with regret you have chosen not to deal with this matter despite previous communication. In an attempt to assist you in clearing your indebtedness we would like to offer you the opportunity of making a final payment of £7137.43 within yourinterest to contact this office by 25/7/12, Failure to contact this office by the stipulated date will mean that your a/c will be progressed through our pre-litigation system, then be passed to our solicitors for legal action on or about. Should the litigation process be instigated & a judgment is granted we would seek an Order of the Court successful & it is necessary to enforce such a Warrant of Execution, a Court Enforcement Officer (Bailiff) will be assigned to attend yr address & carry out the Warrant. The Bailiff will take an inventory & may levy goods & you will be asked to sign a Walking Possession Agreement means the goods that have been seized can be removed authorised for sale to pay the debt & cost. All of this action is avoidable, your interest to prevent the course of action by contacting us immediately, failure to respondby the date outlined may result in legal action being instigated.
16/7/2012
Threat by Creditor - Threat-o-Gram Letter Before Action sent(refer #323 & #326).
28/7/2012
received reply from Capquest in response to yr recent letter the contents of which have been noted. Unfortunately unable to comment on the dispute you have raised as this was prior to our involvement & at the time the a/c was passed to us we were unaware of any existing query. Therefore we are closing the a/c on our system.(#369)
9/8/2012
received A letter from FREDRICKSON INTERNATIONAL LTD...have been instructed by Capital One who have passed this a/c to us for collection of the outstanding balance. As we have been appointed as thier agent you should now make sure you contact and not Capital One. We are authorised to contact you to secure repayment of the debt. You have failed to pay the balance of £10052.71 which remains outstanding despite previous repeated requests for payment. Our client now requires payment in full to avoid further action. YOU MUST CONTACT INNEDIATELY to discuss the matter further. For your convenience payment can be accepted by debit card, credit card or cheque.
13/8/2012
Account Sold whilst in Dispute template sent.
23/8/2012
reply received from FREDRICKSON INTERNATIONAL LTD...have referred the matter to our client & will revert to you as soon as we are in receipt of instructions. In the meantime, we confirm that we have placed the account on hold. *IGNORED*
30/8/2012
Letter from FREDRICKSON INTERNATIONAL LTD received today(1/9/12). We have taken our client's instructions relatng to the contents of your letter & they have advised that they responded to yr request for documents under section 77-79 the CCA 1974 on the 5/4/12. Our client has advised that if yr would like to request these documents again then this should be made to our client directly with the statutory fee. In the meantime, we confirm we have placed yr client's a/c on hold for 14 days & look forward to hearing from you with yr payment proposals. (see what they do next #412)
14/9/2012
Letter from FREDRICKSON INTERNATIONAL LTD received today(17/9/12). LETTER BEFORE ACTION...this debt must be paid in full to these offices within the next 7days otherwise we will take immediate actionl. Remains a balance outstanding on this a/c & legal action is now being considered. Should it be necessary to issue proceedings in the County Court (or Sheriff Court as may be appropriate), further additional costs will be added. If a Judgement or Decree is obtained & remains unsatisfied a bailiff or sheriff officer may be instructed to recover assets to discharge the outstanding debt. Judgment debts are registered by the Court, against you would seriously affect yr ability to obtain credit in the future. Payment can be accepted by xxxx or xxxx. *IGNORE & SEE WHAT THEY DO NEXT #437*
20/9/2012
Yellow card from FREDRICKSON INTERNATIONAL LTD received today(24/9/12). CONFIRMED RESIDENT...This a/c is seriously in arrears & you have failed to reply to correspondence or make a payment arrangement despite trace enquiries showing you as living at this address. Contact us now on XXXXXX to arrange a payment or yr a/c will be passed to solicitors with authorisation to proceed with immediate litigation proceedings against you at the above address.
24/9/2012
Threat by Creditor - Threat-o-Gram Letter Before Action (Refer#450)sent.
4/10/12
2 letters in 1 envelope from FREDRICKSON INTERNATIONAL LTD received today(8/10/12).
Letter 1 (dated 4/10/12) Thanks you for yr communication regarding this a/c. We have referred the matter to our client & will revert to you as soon as we are in receipt of instructions.
Letter 2 (dated 5/10/12) Write in response to yr recent letter. We have taken our client's instructions & they have advised us that they wrote to you on 15/5/12 confirming that they have complied with their obligation under s78 to provide you with a copy of the executed agreement & further advised you that no further correspondence in relation to the provision of the copy agreement will be entered into. Hope this clarifies the matter & we look forward to receiving proposals of payment to discharge outstanding balance within the next 7 days failing which further action may commence.
12/10/12
Final Response - Unenforceable (General) sent (by recorded). *Refer #459
27/10/12
Letter received from FREDRICKSON INTERNATIONAL LTD... just contact us about the above a/c (lost the letter accidently bin it).
5/11/12 BALANCE £10052.71
Letter received (6/11/12) from Bryan Carter Solicitors (same address with Fredrickson). We write with regard to this outstanding debt. Payment must be made in full within the next 14 days failing which we will recommend to our client that proceedings be issued without further notice. Should proceedings be issued, additional charges will be added to the existing balance...Outstanding Balance to pay now £10052.71+Interest £804.22+Court fee £190.00+Solicitor Costs £100.00=New Balance IF proceeding are issued £11146.93. If you dispute liability for this debt pls state yr reasons in writing & supply us with documents in support of yr defence to any claim. Before the a/c us referred to us to litigate you still have an opportunity to contact FREDRICKSON with yr payment proposals. In order to avoid further action you should tel them immediately on XXXXXXXXX. This is a serious matter & you may wish to seek independent legal advice. (Advice Refer #507)
12/11/12
Letter sent (allaboutFORUMS - View Single Post - Slickfm UE Diary [uploaded for Niddy to look & approved] by recorded)
16/11/12
Received letter (dated 14/11/12) from Bryan Carter Solicitors. Tnx for yr letter dated the 8/11/12, the content has been noted. We believe that our client has complied with the Pre-Action Protocol so far as it applies to this matter. In relation to yr request for documents, this a/c is regulated by consumer credit legislation. It is our client's policy to provide agreements to its customers at the point of contract & statements throughtout & therefore you have already been provided with validation of the debt. Our client confirms that they have fulfilled their obligations under section 78 of the CCA 1974 & the debt remains enforceable. For the avoidance of doubt however the monies due may be paid to us by direct debit, bank S/O, cash & etc... Pls see our notepaper for details of our address & tel no. You may contact us between XXXXXXX. We confirm that a list of organisations where independent advice could be obtainede was provided on the overleaf of our client's agent's notepaper. We look forward to hearing from you with yr payment proposals within 21 days. Pls note should we not hear from you by 5/12/12 collection activity may resume.
23/11/12
Unenforceability Templates | Repeated Threat by Creditor - Enough is Enough Response sent by recorded (26/11/12). *Refer #514
5/12/12
Received letter (dated 3/12/12) from FREDRICKSON. We thank you for yr communication regarding this a/c. We have referred the matter to our client & will revert to you as soon as we are in receipt of instructions. In the meantime, we confirm that we have placed the a/c on hold. *Refer #539 SEE WHAT THEY DO NEXT
3/1/13
Letter from FREDRICKSON rerceived today (5/1/13). Despite a recent letter from Bryan Carter Solicitors you have failed to discharge yr debt with our client Capital 1. We are prepared to offer you one final opportunity to pay before recommending to our client that they instruct solicitors to issue a claim at XXXXXXX. At this stage4, and as a gesture of goodwill, we are prepared to accept a full & final settlement on this a/c provided that you contact us on XXXXXXX within 48hrs of receipt of this letter. Pls note that on settlement of a debtk whether fully or partially settled, the original payment history will remain on yr credit file. If there is a default registered on yr file & you pay a final settlement, the default will be amended to reflect that it has been partially settled & yr credit file will be improved. This information will remain on yr file for six yrs from the date the default was registered. Payment cam be made by debit or credit card.
8/1/13
Short letter (refer #582) attached with a copy of the "Enough is Enough" response which was sent to Carter, sent by recorded.

UPDATE...
11/1/12
Letter received from FREDRICKSON INTERNATIONAL LTD...Thank you for yr recent correspondence the contents of which have been noted.

We confirm that Bryan Carter Solicitors LLP have clarified our position & that of our client in their previous correspondence dated 14/11/2012.

We confirm that the agreement is enforceable & we will not enter into any further discussion in relation to the enforceability of the above stated a/c.

We have placed yr a/c on hold until the 8/2/2013 to allow you time to contact us with yr proposals for payment. Pls note if we do not hear from you until this date, collection activity may resume.

Any advice will be appreciated.

[ScabHunter]

Re: Lovemoney UE Diary

If they actually stick to that (a DCA telling you the truth???), it gives you nearly a month's holiday from having to waste time and money.

“Collection activity may resume”! Wow, that's a frightening threat, isn't it? How much has their “collection activity" gained them so far?

My suggestion would be to put your feet up and wait for whatever silliness they dream up next. They obviously haven't got a clue where to go with this one.

SH

[Lovemoney]

Re: Lovemoney UE Diary

SH

Cheers...I will gladly do as you suggest put my feet up for now with and wait to see what they do next.

[Pixie]

Re: Lovemoney UE Diary

[SIZE=1]

UPDATE...
11/1/12
Letter received from FREDRICKSON INTERNATIONAL LTD...Thank you for yr recent correspondence the contents of which have been noted.

We confirm that Bryan Carter Solicitors LLP have clarified our position & that of our client in their previous correspondence dated 14/11/2012.

We confirm that the agreement is enforceable & we will not enter into any further discussion in relation to the enforceability of the above stated a/c.

We have placed yr a/c on hold until the 8/2/2013 to allow you time to contact us with yr proposals for payment. Pls note if we do not hear from you until this date, collection activity may resume.

Any advice will be appreciated.

Seems like they're following a well-worn path...had that letter from them for both the accounts they were dealing with.

I think you will be okay to not reply and, if my experience is anything to go by, you won't hear much else from them.

For my Capital One credit card, all I've heard since is 2 letters from Capital One, one saying that the dca is no longer dealing with the account and then one saying that they had satisfied my s78 request...that's been it for well over a year.

They were also dealing with my Tesco credit card...that was passed on to another dca 3 months later.

[Lovemoney]

Re: Lovemoney UE Diary

I think you will be okay to not reply and, if my experience is anything to go by, you won't hear much else from them.

so fingers crossed...

[Deepie]

Re: Lovemoney UE Diary

My account went the same way too...........