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  • Re: Need Advice

    Originally posted by Lovemoney View Post
    [/COLOR]


    UPDATE...
    25/3/13
    Letter from EQUIDEBT received today (28/3/13). Notice of Recovery Action You have failed to respond to our previous request to make contact to discuss a new repayment arrangement. As we previously stated we are now commencing recovery action & unless we hear from you within the next 10 days we will be passing yr a/c to Credit Ancillary Service(CAS) who specialise in assessing unpaid a/c holders to determine what recovery action will take place. It's not too late We believe you are not in dispute of the balance & that there is no valid reason for the non-payment of this debt. However we also believe that if we speak with you we can come to a solution that is affordable to you & will prevent any additional recovery actions taking place. If we don't hear from you Unfortunately if we don't hear from you we will assume that you are refusing to pay & that we will have no choice but to pursue you for the balance through the various means available to us. You have had the benefit of credit & not repaid it. We are giving you every opportunity to come to an affordable agreement.

    Any advice would be very grateful

    I would send this if it were me---> Account Sold whilst in Dispute
    I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

    If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

    Comment


    • Re: Lovemoney UE Diary

      CAS is Equidebt so its only the next door muppet.

      Interestingly they seem to be bottom feeders so maybe coming to the end of the line here.

      Dont think they will be used to AAD templates so would expect a few knots about to be created in Warwickshire.
      Looks like you had this lot right at the start aswell pretending to be someone important so whats changed lol. Oh yeah nothing.
      Muppets.

      Comment


      • Re: Lovemoney UE Diary

        I2D & Ken

        Thanks for the replys....

        I will send them Account Sold whilst in Dispute as I2D recommended, will be interesting to see what is their reply.

        Comment


        • Re: Lovemoney UE Diary

          EGG BANKING PLC- (CREDIT CARD)
          Date commenced: 5/5/2000

          ACCOUNT SOLD TO DCA (CAPQUEST)
          HISTORY
          17/8/07
          received standind order set up details agreed £1 token payment stated the sum of £1 on 5/9/07 same day each month until 5/3/49 when a payment of 0.56 is made. 18/8/07 signed & returned, standing order already set up.
          29/3/09
          received a threat letter.
          14/4/09
          received more threat letter saying not heard from me in previos letter dated 28/3/09 need start the litigation process to resolve the matter
          1/9/09
          received standing order set up details agreed £1 token payment stated the sum of £1 on 5/9/09 same day each month until 27/11/17 when a payment of 0.00 is made. had signed and returned 2/9/07, standing order already set up.
          9/9/09
          sent cca request
          19/9/09
          received a reply put my a/c on hold for 28 days for obtains cca. finally received signed agreement (but no sure how to tell the right details ).
          3/10/09
          Letter from Capquest. Pls find enclosed copy document(s) as requested. If you are not currently repaying this a/c on an agreed arrangement, it is now imperative that you deal with this matter immediately by sending yr payment directly to xxxxxxx(with bank details). We have placed yr a/c on hold until 12/10/09, if we do not receive contact from you by this date, yr a/c will be passed to our Collection department for further action.Emailed Niddy
          19/3/10
          Letter from Capquest (Litigation Department) case handling supervisor. Yr case will be processed & passed to our solicitors on or around 1/4/10, a process that you can stop by tel xxxxxxx to discuss yr a/c, & reaching an amicable solution. I will not be demanding payment in full. I will be open to suggestions from you on how this a/c can be settled. If you contact us before 1/4/10, I can offer £1641.18 to clear this a/c. you can pay this over a six mnth period. I trust that you will recognise that my appointment is an indication of the imminent commencement of legal proceedings. I trust that you can take this opportunity to contact us & save yrself the possible expense of litigation & the problems that any litigation in which we were successful would possibly cause to yr credit file.
          2/4/10
          send in proposal, hardship difficulties & budget sheet.
          12/4/10
          received notice of doorstep recovery agents Scotcall Ltd from HL Legal Solicitors due to non payment.
          15/4/10
          send a complaint regarding their harassment by telephone & doorstep call (it's been set up £1 payment on 26th of each month).
          24/4/10
          received standing order set up details agreed £1 token payment stated the sum of £1 on 14/5/10 same day each month until 14/11/51 when a payment of 0.56 is made.
          18/3/12
          Emailed Niddy CCA .....Niddy Confirmed
          we need to blag as that does look good but we'll pretend otherwise, if they get 'heavy' let us know asap.....
          .....send them Missing PT (last £1 payment was on 12/3/12)26/3/12
          Missing Prescribed Term sent.
          4/4/12
          received letter from CapQuest saying unable to comment on the dispute and at them time the a/c was passed to them were unaware of any existing query. Therefore we are "CLOSING THE ACCOUNT ON OUR SYSTEM". Than you for taking the time in trying to resolve this matter.
          # NO PAYMENT #

          BARCLAYCARD
          Attachment 5112 (refer #310 & #392).
          Allied International using various numbers to call my mobile they leave voice messages quite often & ask me call regarding urgent business quote ref...
          Accidently answer once saying she not available & put the phone down. 21/8/12 they call again. I think bad time I send them Our Templates | Harassment & Intimidation Templates | Harassment by Telephone(22/8/2012 sent refer #397At last I've found this my Equifax (NOT IN EXPERIAN) printed credit report...
          HISTORY
          STARTED: 3/8/2004
          CURRENT BALANCE: £1909
          DEFAULT BALANCE: £1960.00 (16/06/2006)
          DATE UPDATED: 04/03/2012
          PAYMEMT HISTORY: 05/2006=1, 06/2006=D
          But can't remember when I make the last payment.
          21/8/2012 BALANCE £1908.56 (#413)
          Lettter from AIC received today(1/9/12), we have been unable to come to an acceptable arrangement with you regarding that our Client initiate further action. This is your last chance to work together with us. It is in your best interest to come to a mutually acceptable agreement. Therefore pls telephone our office to discuss the matter further. Alternatively you can complete the enclosed financial statement and return within 7 days(letter dated 21/8 received today 1/9) of receipt of this letter together with an offer of payment. Suitable payment methods are available on the reverse of this letter. (refer#414 see what they send next).
          22/8/2012 (#558)
          Received letter (dated 19/12/12) from Barclaycard. Yr Barclaycard a/c has now been passed to Wescot to manage the collection of the balance outstanding on yr a/c. You should contact Wescot as a matter of urgency on XXXXXXXXXX. Pls contact Wescot, who will discuss with you proposals for repayment of the balance outstanding on yr a/c.(refer #559 ignore for now, and wait for Wescot to write to you first).
          29/1/2013
          Letter from Wescot received today (31/1/13). Wescot is a specialist DEBT COLLECTION organisation. We have been instructed by our client to collect the outstanding balance on their behalf.
          You should read both sides of this notice carefully, follow the instructions & reply IMMEDIATELY. If you have any queries or any of the information supplied is incorrect, pls contact us on XXXXXXXXX.
          TO AVOID WESCOT TAKING FURTHER ACTION, YOU MUST:
          1. PAY THE DEBT IN FULL TO: XXXXXXX OR 2. CONTACT US ON: XXXXXXXXXX.
          PLS CONTACT US ASAP AS FAILURE TO DO SO WILL RESULT IN FURTHER RECOVERY ACTION.
          If you have any reason to complain about the way Wescot has handled this matter, we can provide you with written details of our complaints procedure on request.
          4/2/2013
          Our Templates | Unenforceability Templates | Account Sold whilst in Dispute & CCA request sent by recorded. (refer #637 & #638)
          15/2/2013
          Letter from Wescot received today (20/2/13). We refer to yr recent letter requesting a copy of the credit agreement for the above a/c, pursuant to the CCA. We are not the creditor for this a/c but are instructed on behalf of the above client. In the circumstnances, we are returning yr cheque which was made payable to as this needs to be made payable to Barclaycard. You can either send yr request direct to our client or resend it to us & we will then forward it to them. In the meantime, you will need to make arrangements to pay the a/c. We shall place the a/c on hold for 28 days to enable you to agree a repayment arrangement.
          6/3/2013
          Our Templates | Unenforceability Templates | Account Sold whilst in Dispute sent by recorded. (refer #669 &#671)
          15/3/2013
          Letter from Wescot received today (19/3/2013). We acknowledge that you have raised a query on this a/c & we would like to confirm to you how this will be investigated. WHAT WILL HAPPEN? We will suspend all collections activity on the above a/c whilst the matter is under investigation. This means that we will not write to you, or telephone ou in pursuit of the a/c whilst it is being investigated. However, we may need to contact you if we require further details or wish to clarify any information that you have provided to us. As our investigation of yr query will require us to contact our client, this process may be take several wks. We would appreciate yr patient during this time. Upon concluding our investigation, we will contact you again. WHAT CAN YOU DO? If further information to help us investigate or resolve the query can be provided, we would be grateful. If you wish to contact us to discuss the matter.

          UPDATE...
          27/3/2013

          Letter from Wescot received today (2/4/2013). SAME DETAILS which I received on 15/3/2013.


          Filed...

          Comment


          • Re: Lovemoney UE Diary

            LM

            Just rewinding onto your Egg CC.

            Did Capquest just roll over on the one missing P/T letter?

            We have similar where the same letter has got our DCA to run up the white flag although not quite as full capitulation as yours quite yet.

            This would be of interest for the Marlin assignment because is a pattern starting to develop.

            Comment


            • Re: Lovemoney UE Diary

              Originally posted by ken100464 View Post
              Did Capquest just roll over on the one missing P/T letter?
              Ken

              Yes and I assume will assign to Marlin eventually.

              Comment


              • Re: Lovemoney UE Diary

                LM

                Doubt it. Was only the Barclays accounts.

                You were well out of the Egg clutch when this assignment to Barclays happened.

                We are in an assignment before the Marlin assignment but after yours.

                Interestingly our DCA ran up the white flag nearly as quick and are going to seek answers from the ex egg bank. We got the words unenforceable in our letter from them.

                But was same missing p/t letter that did it.

                Like I said could be interesting if all the DCA's know its a waste of time if disputed and are just using soft pressure to get anything out of us.

                Comment


                • Re: Need Advice

                  Hi
                  Hope everybody well. I Got few Updates as below, any advice will be appreciated...


                  Originally posted by Lovemoney View Post
                  EGG (CREDIT CARD)
                  ACCOUNT SOLD TO CAPQUEST & AKTIV KAPITAL
                  BALANCE: £11344.81
                  HUSBANDS


                  7/4/13
                  Letter from Aktiv Kapital received (12/4/13) like to confirm to you that we are still waiting for information to be supplied to ourselves from the original creditor. This information is required by ourselves in order to resolve yr query. Yr a/c with us continues to remain on hold, whilst we await this information. Should you require any additional information pls contact our Customer Service Department on XXXXXXXXXXX.

                  FILED...

                  Originally posted by Lovemoney View Post
                  HALIFAX (JOINT CURRENT A/C)
                  STARTED: 18/4/2006
                  CURRENT BALANCE: £2712 (5/6/11)
                  SPECIAL INSTRUCTION INDICATOR: Debt Management Programme
                  SPECIAL INSTRUCTION START DATE: 1/4/2009
                  SPECIAL INSTRUCTION END DATE: 1/11/2009


                  26/3/12
                  Overdraft CCA request sent (Blair, Oliver).
                  14/9/12
                  Letter received (19/9/12 #439) BANK OF SCOTLAND writing to notify you that bank of scotland has assigned all of its respective rights, tittle and interest in respect of the above referenced a/c (including the outstanding balance) to Cabot Financial (UK) Ltd effective 3/8/2012.The total balance sold was £2702.51, as at the date of sale 03/08/2012. Any payments made towards yr a/c after 3/8/12 will be forwarded to Cabot Financial, & will be deducted from the balance shown above.
                  Letter received (19/9/12 #439) CABOT FINANCIAL has recently bought the a/c you held with Bank of Scotland & we're now responsible for answering yr queries & receiving payments. According to our records you currently owe £2696.51.Your agreed monthly repayment plan with Bank of Scotland now needs to be maintained with Cabot. Pls ensure that with immediate effect all future payments are made direct to us. We regularly review the arrangements on our a/cs, including the monthly payment a/c. IMPORTANT: if, for any reason, we don't receive yr payments on time we'll cancel this arrangement. The full outstanding balance will then become due.
                  19/9/12
                  Account Sold whilst in Dispute sent. (*Refer #440)
                  2/10/12
                  Short note for request bank details from Cabot sent. (#456)
                  16/10/12
                  Letter(dated 15/10/12) from Cabot received today......(*Refer #462)
                  18/10/12
                  Bank details received. (£1 by standing order since 27/10/12)
                  22/10/12
                  Overdraft - CCA Information part 2 sent & set up s/o £1 pm. (*Refer #463 & #479)
                  30/10/12
                  Letter from Cabot received...Repaying yr A/C tnx for yr recent payment. However, there is no agreed repayment plan currently in place. The most important thing for you to do now is to get in touch with us & one of our helpful customer adivsors will discuss the options for repaying yr a/c. If you've already agreed a repayment plan, pls ignore this letter. (Refer #502 see what they send next)
                  13/12/12
                  Received letter (dated 26/11/12) from Cabot...(#546)
                  2/1/13 BALANCE £2693.51
                  Letter from Crapot received today (4/1/13).
                  Your outstanding debt
                  According to our records you currently owe £xxxx even though we have made repeated attempts to obtain yr commitment to repay this debt. It's now vital that you contact us urgently to discuss yr a/c.
                  If we don't hear from you
                  I you don't contact us to agree a suitable repayment plan we will have to move yr a/c to the next stage of our collections process.
                  Contactihng Cabot
                  The most important thing for you to do now is to get in touch with us urgently, to prevent further action being taken. Call XXXXXXXX & one of our helpful customer advisors will discuss the options for repaying yr a/c. Our aim is to help customer get their a/cs cleared-so contact us now.
                  7/1/13
                  Dear Sirs,
                  Ref: xxxxxxxx
                  I write with reference to your rather confusing and contradictory letter dated xx/xx/xxxx.
                  You have made the absurd claim that s.74A did not apply to accounts opened before that section passed into law and that the overdraft was not a regulated agreement, then you claim that the bank had complied with s.74B which means the overdraft was a regulated agreement after all.
                  Would you care to provide the information requested, before I consider referring this to the regulatory bodies for investigation into your conduct and misleading manner.
                  Yours faithfully, (Refer #569) sent by recorded.
                  22/1/13
                  Letter from Crapot received today (24/1/13). I refer to yr letter received in our office on 10/1. I note the comments in yr letter & have reviewed our previous correspondence in this matter. I appreciate there ay have been some confusion caused due to the legalities involved however it is the case that we are not required to comply with a request for information under section 77/78 of the CCA 1974 on a current a/c. As a result yr claims of unenforceability on this basis are incorrect. Nevertheless, pls be assured we are willing to obtain further documentation for you if that is required. Therefore I have referred yr a/c to our Customer Relations Dept. to obtain any availabe information & they will contact you accordingly. In the meantime I would recommend you maintain yr payments of £1 p/m. (refer #621&#623 £1 s/o cancelled)
                  1/2/13 BALANCE: £2693.51
                  Letter from Crapot LIMITED OFFER Repaying yr a/c-our offer to you If you respond within the next 30 days from the date of this letter, we are able to offer you a discount of up to 30%* to settle yr a/c. If you'd like to take advantage of this offer, pls contact us immendiately. Alternatively, we may be able to offer you an attractive repayment plan which will enable you to repay yr outstanding balance within 5 yrs. The most important thing for you to do now is to get in touch with us immediately.
                  27/2/13 BALANCE: £2692.51
                  Letter fromCABOTreceived today (7/3/13).Further to our previous correspondence. We have obtained a copy of the statements of a/c & have enclosed these for yr attention. Once you have reviewed this document we request you contact us within 28 days to discuss yr query further. We look forward to hearing from you. We have placed the a/c on hold for a period of 30 days. Howeverm should we fail to hear from you this may result in the a/c being returned to our Collections Department. refer #680 see what they send next.



                  4/4/13 BALANCE: £2690.51
                  Letter from Crapot received today (11/4/13). Your outstanding debt According to our records you currently owe £2690.51 even though we have made repeated attempts to obtain yr commitment to repay this debt. It's now vital that you contact us urgently to discuss yr a/c. If we don't hear from you If you don't conatact us to agree a suitable repayment plan we will have to move yr a/c to the next stage of our collections process. Contacting Cabot The most important thing for you to do now is to get in touch with us urgently, to prevent further action being taken. Call XXXXXXXXXXX & one of our helpful customer advisors will discuss the options for repaying yr a/c. Our aim is to help customers get their a/cs cleared-so contact us now.

                  ADVICE NEEDED PLEASE...

                  Originally posted by Lovemoney View Post
                  LLOYDS TSB (CREDIT CARD)
                  HUSBANDS

                  1/2/13
                  Letter from DLC received today (6/2/13). ARREARS NOTIFICATION...you have not kept to the arrangement that we agreed for repaying yr debt, and are now in arrears of £403.77. Pls settle yr arrears without delay, to avoid possible legal action. If for any reason you are unable to make payment, or would like to re-negotiate the payment plan, pls telephone us to discuss the matter. We want to reassure you that we're fully aware of the financial difficulties that you may be facing during this difficult period. and have embraced a policy of fair & realistic treatment for all for our customer.

                  27/2/13
                  Letter from DLC We are following up yr request for a copy of the original documentation (CCA) with the original lender. When this becomes available we will forward a copy to you. Should you require anything further at this point pls contact me. I will update you on developments in 21 days if there are no developments beforehand.



                  29/3/13
                  Letter from DLC We have chosen to send you this letter as someone who may be struggling to manage yr credit commitment. One of the impacts of the "credit crunch" has been an individual's ability to obtain credit, particularly mortgages, with lenders scrutinising applicants' credit history & payment records much closer. In the future, credit is only likely to be available to individuals with good credit history or those that can display positive efforts to pay off their defaulted a/c. Therefore we can offer you a choice of two options to improve yr situation: £10 per mnth by d/debit OR If you pay 75% of the balance within 21 days, we will write off the remaining balance or alternatively contact us on XXXXXXXX to discuss other repayment options. Our re-payment plans are subject to regular review. If you would like to discuss what other opportunities are available to you to settle the outstanding balance pls call or email us.

                  FILED...

                  Originally posted by Lovemoney View Post
                  TESCO (CREDIT CARD)
                  STARTED: 17/6/2005
                  CREDIT LIMIT: £1750
                  CURRENT BALANCE: £1703
                  DEFAULT BALANCE: £1771.00 (10/07/2006)
                  HISTORY

                  20/2/2012
                  cca request sent
                  26/3/2012
                  received cca request returned because the letter unsigned and require signature then can proceed(letter stamp received 7/3/12). Payment arrangement plan for review request proposals for increasing the mnthly repayments. CCA request resent.
                  4/5/2012
                  CCA received emailed to Niddy. Niddy says THANKS will be sending MPT letter.
                  4/5/2012
                  MPT letter sent.
                  30/1/2013 BALANCE: £1700.16
                  Letter from Tesco Bank received today (1/2/13). You must pay yr credit card balance now. You have been issued with a Termination Notice on yr Tesco Bank credit card & yr a/c has been passed to our Recoveries team. To avoid any further action, pls make a payment now.
                  How to pay
                  Debit Card - call us on XXXXXXXXXXX
                  Cheque - send the cheque to Credit Card Recoveries.....
                  Need help?If you cannot make this payment right away, you must call us immediately on XXXXXXX.
                  4/2/2013
                  Our Templates | Unenforceability Templates | Final Response - Unenforceability (CCA Received) sent by recorded.
                  18/2/2013
                  Letter from Tesco Bank received today (21/2/13). You still haven't paid yr credit card balance, But it's not too late. We recently wrote to you, remninding you to repay the amount due on yr a/c. However, you still haven't made a payment or agreed a repayment plan. What hapens now? As you have not made any payments, we will consinder taking further action. This could mean passing yr a/c to an external Debt Collection Agency, who will contact you & may visit yr home to collect the debt in person. Depending onb the amnount you owe, it could also include legal action against you to get the money back. However, we would much rather agree a more satisfactory arrangement with you. Pls call us. What you need to do It's vital that you take immediated action to pay the amount owed to avoid further action. You can make yr payment by: XXXXXXXXXXXXXXXX. We prefer not to take this action, but if we do not hear from you we have no alternative. Pls contact us immediately on xxxxxxx to discuss repayment of yr debt. (refer #664 see what they do next)
                  28/2/2013
                  Letter from Tesco Bank received today (4/3/13). We are considering legal action to recover your debt Despite writing to you several times, you have still not paid off yr credit card balance or made a repayment arrangement with us. We are now considering commencing court proceedings against you to recover this debt. What this could mean A County Court Judgment could be granted against you. This is likely to affect your ability to obtain credit in the future. You may also be liable for court costs. If we obtain a judgement & you still don't pay we may ask the court to enforce the debt against you. This could mean: *A legal document being served on yr employer which forces them to regularly take an amount of money from yr wage to pay yr outstanding debt to us (this depends on the number of hrs you work) *If you are a homeowner, we may ask the court for a charging order over yr home. If we have a charging order & yr home is sold (through repossession or for any other reason), we may look to any available sale proceeds to help pay the sums you owe to us. We would prefer come to an arrangement with you to settle this debt. Pls call ua immediately on XXXXXXXXX to discuss a repayment plan. Line are open XXXXXXXXX. refer #676
                  6/3/2013
                  Resend a photocopy Our Templates | Unenforceability Templates | Final Response - Unenforceability (CCA Received) with a cover note saying I am concerned that you are threatening legal action when you have failed to reply re problems with the agreement you supplied, outlined in my letter of 4/2/2013, a copy of which is enclosed. By recorded.
                  19/3/2013
                  Letter from Tesco Bank received today (22/3/13) Further action to recover yr debt Due to the absence of an acceptable repayment arrangement & despite several attempts to contact you to discuss this matter, we will shortly commence further action against you to recover the debt. This is likely to mean passing yr a/c to an external Debt Collection Agency, who will contact you & may visit yr home to collect the debt in person. Depending on the amount you owe, it could also include legal action against you to get the money back. However, we would much rather agree a more satisfactory arrangement with you. Pls call us urgently. Act immediately & stop further action - make a payment now You have 1 final opportunity to make a payment. Pls act now. You can pay by: XXXXXXXXXX. What happens if you don't pay If you don't make a payment or agree to a repayment plan within 7 days, we will commence further action against you. Need help? If you need to discuss yr situation, pls call us XXXXXXXXXXX. refer #686


                  8/4/2013
                  Letter from Tesco Bank received today (10/4/13) Important-you must take action-call us today on XXXXXXXXXXXXX Despite previous correspondence & our repeated attempts to try & reach an arrangement with you regarding the above debt, it still remains outstanding. We will shortly have no alternative but to seek the assistance of a Debt Collection Agency or, if appropriate, commence legal proceedings against you for recovery of the debt. What you need to do You have one final opportunity to make an acceptable offer of repayment. You must do this within the next 7 days. Call us on XXXXXXXXXXX to pay. Lines are open XXXXXXXX. Are you in financial difficulties? Contact us immediately if, due to financial difficulties or a change in circumstances, you cannot pay the full debt within the next 7 days. There is no need to panic. Call XXXXXXXto speak to one of our experienced advisors. They will listen sympathetically & help you think about yr options. We have helped lots of people in yr situation in the past.

                  And this please...


                  Comment


                  • Re: Lovemoney UE Diary

                    I would send the second overdraft letter to crapot (from the overdraft cca thread)

                    Tesco: I'd wait for a letter from the dca and then send the Account Sold While in Dispute letter.
                    Let your smile change the world but don't let the world change your smile


                    I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

                    If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

                    Comment


                    • Re: Lovemoney UE Diary

                      Hi Pixie

                      Thanks for the reply...

                      Originally posted by Pixie View Post
                      Tesco: I'd wait for a letter from the dca and then send the Account Sold While in Dispute letter.
                      will do....

                      I would send the second overdraft letter to crapot (from the overdraft cca thread)
                      22/10/12
                      Overdraft - CCA Information part 2 sent . (*Refer #463 & #479)
                      7/1/13
                      Dear Sirs,
                      Ref: xxxxxxxx
                      I write with reference to your rather confusing and contradictory letter dated xx/xx/xxxx.
                      You have made the absurd claim that s.74A did not apply to accounts opened before that section passed into law and that the overdraft was not a regulated agreement, then you claim that the bank had complied with s.74B which means the overdraft was a regulated agreement after all.
                      Would you care to provide the information requested, before I consider referring this to the regulatory bodies for investigation into your conduct and misleading manner.
                      Yours faithfully, (Refer #569) sent by recorded.

                      Referring to my previously posted reply above, which should I resend.

                      Comment


                      • Re: Lovemoney UE Diary

                        I'm no expert...I'm only just going though all this with my overdraft....but I would send the overdraft cca part 2 as Niddy's letter was in response to a particular letter from them.
                        Let your smile change the world but don't let the world change your smile


                        I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

                        If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

                        Comment


                        • Re: Lovemoney UE Diary

                          Pixie

                          Thanks for looking in so quickly...

                          Really appreciate your suggestion, will get the overdraft cca part 2 ready put it in the post tomorrow.

                          Comment


                          • Re: Need Advice

                            Originally posted by Lovemoney View Post
                            CAPITAL ONE (CREDIT CARD)
                            START DATE: 7/4/2005
                            DEFAULT BALANCE: £1821
                            DEFAULT ON: 27/4/2009
                            HISTORY
                            5/3/12
                            sent cca request.
                            13/3/12
                            received reply saying under S78 to provide with a copyof executed agreement. It was confirmed by the Judgement of his Honour Judge Waksman QC in Carey v HSBC[2009]3417(QB) that providing a reconstituted copy of agreement is compliant with S78 no requirement under the CCA to provide with a photocopy of the original signed agreement. Received photocopy Original Agreement & Defaulted Agreement (Emailed Niddy).
                            Niddy says

                            19/3/12
                            A/c due to review required income & expenditure with some proofs.
                            26/3/12
                            Missing Prescribed Term letter sent.
                            2/4/12
                            required income & expenditure with some proofs have not received, need response within 14 days. If not previously been issued with a default may serve default notice requesting the total arrears to be paid immediately or a/c defaulted may pass tp debt collection agencyto recover the full outstanding balance. # ADVISED IGNORE & NO PAYMENT #
                            24/5/12
                            received letter from FREDRICKSON INTERNATIONAL LTD....DO NOT IGNORE IMMEDIATE PAYMENT REQUIRED. Has been instructed by Capital One who have passed this a/c to us for collection of the outstanding balance. Our client now requires payment in full (£1785.43)to avoid further action.
                            7/6/12
                            received legal action threat letter from FREDRICKSON INTERNATIONAL LTD....LETTER BEFORE ACTION. This debt must be paid in full to these office within the next 7days otherwise will take immediate action ie..issue proceedings in County Court (or the Sheriff Court aws may be appropriate).
                            8/6/12
                            Threat by Creditor - To Commence Litigation template send
                            18/6/12
                            got a reply from FREDRICKSON INTERNATIONAL LTD saying 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. We confirm that we have placed the a/c on hold.
                            22/6/12
                            received letter from FREDRICKSON INTERNATIONAL LTD further to the previous correspondence documentation. We have taken our client's instructions and have been advised that they complied with your request on the 12/4/2012. Therefore, please forward your proposals for payment to discharge the above outstanding balance.
                            3/7/12
                            received letter from Bryan Cartar Solicitors LLP with regard to the outstanding debt. Payment must be made in full within the next fourteen days failing which we will recommend to our client that proceedings be issued without further notice. And additional charges will be added to the exisiting balance. If you dispute liability for this debt please state your reasons in writing & supply us with documents in support of your defence to any claim. Before the a/c is referred to us to litigate you still have an opportunity to contact FREDRICKSON INTERNATIONAL LTD with your payment proposals. (refer: #304)
                            9/7/12
                            Templates | Unenforceability Templates | Threat by Creditor - To Commence Litigation 13/7/12 sent by recorded.
                            18/7/12
                            received letter from FREDRICKSON INTERNATIONAL LTD thank you for your communication regarding this a/c. We have referred the matter to our client & will revert to you asap we are in receipt of instruction. In the meantime, we confirm that we have placed the a/c on hold.
                            13/8/12
                            received letter from CAPITAL ONE...(refer #387) *see what they send next #389*
                            24/10/12
                            Letter from FREDRICKSON INTERNATIONAL LTD today (25/10/12). We confirm we have referred this matter to our client & they have advised that yr complaint has now been resolved & the agreement is enforceable. As we are instructed in relation to the a/c, we would be grateful if you could contact us to set up a payment arrangement.
                            29/10/12
                            Unenforceability Templates | CCA Query - Creditor Refusal to Accept UE Status sent. *Refer #481
                            6/11/12 BALANCE £1785.45
                            Letter from FREDRICKSON INTERNATIONAL LTD received today (07/11/12). We thank you for yr letter 29/10/12, if you require documentation pursuant to section 77-79 of CCA 1974 you must request this edirect from our client with the statuory fee £1.00. We have placed yr a/c on hold for a period of 14 days to allow you time to make yr request after this time debt collection activity on this a/c may resume.
                            12/11/12
                            A one liner................5/3/12 sent cca request. (sent by recorded Refer #505)
                            21/11/12
                            Letter from FREDRICKSON INTERNATIONAL LTD received today (23/11/12). Despit a recent letter from Bryan Carter Solicitors you have failed to discharge yr debt with our client CAPITAL ONE. 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: (my address). At this late stage, & as a gesture of goodwill, we are prepared to accept a full & final settlement on this a/c provided that you contact us within 48 hrs 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 can be made by debit or credit card.
                            26/11/12
                            Letter sent by recorded. *Refer #525
                            5/12/12
                            Received letter (dated 3/12/12) from FREDRICKSON. We have recently been in contact with you regarding an outstanding debt due to our client. You informed us that you believe that the information in respect of this debt is incorrect. We have provided details of yr dispute to our client & have now received a response from them which indicates that the debt details are correct. We would very much like to discuss this matter with you further. Pls can you telephone us, within the next 7 days, on XXXXXXXXXXXX.
                            16/2/13
                            Received letter (dated 7/2/13) from CAPITAL ONE.
                            PLEASE BE AWARE: Yr a/c has moved I am writing to advise you that yr a/c is no longer being managed by the Debt Collection Agency who were acting on behalf of CAPITAL ONE.
                            Please work with us to reduce yr debt It is important that you continue to make payments to yr a/c. Payments should be made directly to CAPITAL ONE unless otherwise notified. Pls see attached for payment method.
                            Already settled? Pls disregard this letter if you have agreed a settlement figure with the Debt Collection Agency & have made that payment.
                            Have questions or need help? If you have any questions, pls call us on XXXXXXXX. We are here xxx-xxx.
                            With a third party debt management company? If yr a/c is being managed by an authorised third party (eg, relative, Debt Management Co) pls ensure that you update them with this information & show them this letter asap so that payments are not delayed in reaching yr a/c. refer #656&#657 ignore for now & just to see what they send next.


                            UPDATE...

                            16/4/13
                            Letter from CAPITAL ONE received today (19/4/13). Sold yr a/c to LOWELL PORTFOLIO on xx/x/xx, All contact about yr a/c should now be with LOWELL PORTFOLIO will write to you to provide details of how they can be contacted & how payment can be made. LOWELL PORTFOLIO will start reporting against your credit file within 30 days of you receiving this letter. If yr a/c is being managed by an authorised third party for example a relative or a Debt Management Co. pls ensure that you update them with this information & show them this letter. The outstanding balance on yr a/c as at xx/x/xx was £1785.43 & this balance will be passed along with any payments or spend to LOWELL PORTFOLIO. [/QUOTE]

                            I shall ignore for now & await contact from LOWELL PORTFOLIO.

                            Comment


                            • Re: Lovemoney UE Diary

                              Watching with interest - this is exactly the mix that got me in a pickle; would love to see someone sending Lowell's running

                              Jane x

                              Comment


                              • Re: Lovemoney UE Diary

                                Originally posted by Lovemoney View Post
                                LLOYDS TSB (CREDIT CARD)
                                HUSBANDS
                                26/3/2012
                                cca request sent.
                                4/4/2012
                                received printed CCA without signature (same CCA which Mrs received under her name previously, Niddy says unenforceable)
                                10/4/2012
                                Missing Prescribed Term sent.
                                7/8/2012
                                received letter from Lloyds...your repayments are in arrears & a payment of £2 is required. You are reminded that in order to avoid further action, payments must be made on the due date previously agreed under the instalment plan. If you are unable to make these payments, please complete & return the questionnaire overleaf within 10 days to enable us to assess yr situation. If you wish to make a payment today using either yr debit or credit card then please contact us.....
                                12/8/2012
                                Would see what they do next (Advice #382).
                                5/11/2012
                                Received letter from...
                                LTSB (9/11/12)...Writing to notify you that LTSB has assigned all of its respective rights, title & interest in respect of the a/c(including the outstanding balance) to Cabot Financial, effective 2/10/12. The total balance sold was £2346.20, any payments made towards yr a/c after 2/10/12 will be forwarded to Cabot Financial & will be deducted from the balance. Under the terms of this assignment, & as defined in the DPA 1998. Cabot Financial (Europe) Ltd has been appointed by Cabot Financial (UK) Ltd, to manage yr a/c in line with the arrangements agreed with BLS Collections. It is essential that all future payments & correspondence regarding this a/c now be directed to Cabot Financial (Europe) Ltd.
                                CABOT FINANCIAL...The Cabot Credit Management Group has recently bought the a/c you held with TSB & we're now responsible for answering yr queries & receiving payments. According to our records you currently owe £2346.20. If you wish to repay this amount in full now, pls contact usto discuss. Yr agreed monthly repayment plan with TSB now needs to be maintained with Cabot. Pls ensure that with immediate effect all future payments are made direct to us. We regularly review the arrangements on our a/cs, including the monthly payment amount. Important: if, for any reason, we don't receive yr payments on time we'll cancel this arrangement, The full outstanding balance will then become due. The most important thing for you to do now is to get in touch with us & one of our helpful customer advisors will discuss the option for repaying yr a/c. Our aim is to help customers get their a/cs cleared-so do contact us soon!
                                12/11/2012
                                Our Templates | Unenforceability Templates | Account Sold whilst in Dispute sent.
                                21/11/2012
                                Received letter from Cabot today (22/11/12). Acknowledging your complaint...we refer to yr letter received onb 20/11/12. We regret that you have felt the need to contact Cabot to express yr dissatisfaction regarding our service. We are currently investigating yr concerns & shall aim to provide you with our response within 20 working days from receipt of yr complaint. However, in the event we cannot respond within this time limit, we shall notify you as to when you may reasonably expect a response from us. Pls also find enclosed a leaflet, which sets out the process that we will take in order to deal with yr complaint. If you have any further queries, pls call XXXXXXX.
                                15/12/2012
                                Received letter from Cabot today (20/12/12).
                                #562 *IGNORED & SEE WHAT THEY SEND NEXT*
                                7/1/2013
                                Letter from Cabot today (9/1/12). Our response to yr request for information under the Consumer Credit Act 1974. Unfortunately Cabot have not yet obtained the required information from Lloyds to comply with yr request under section 77/78 of the CCA 1974. We will continue to request the information from the original lender to assist you with yr request & shall forward this to you immediately once it is received.
                                Yr credit agreement is currently unenforceable, which means we are not permitted to obtain a judgment or decree against you in Court. However, we would like to remind you that you remain liable to repay any balance outstanding under yr credit agreement & therefore recommend you contact us at the earliest convenience to discuss the repayment options we are able to offer you. If you would like to know more about yr consumer rights or experiencing diffuculties in meeting yr repayments, we recommend you contact yr local XXXXXXXXXXXX. Do have any queries that the enclosed document doesn't clarify, pls call one of our Customer Assurance Advisors.


                                UPDATE...
                                12/4/2013
                                Letter from Cabot today (19/4/13). Your request for information under the CCA Unfortunately Cabot has not been able to provide you with the requested information within the relevant time period. We shall continue to request the information from the original lender to assist you with yr request. In the meantime, we would like to inform you that yr a/c shall remain on hold with the Customer Assurance Dept. until such time we can comply with yr request. You are still obliged to repay the outstanding balance as confirmed in this letter & therefore we would recommend you contact us asap to set up a repayment arrangement or continue with yr existing payment plan.

                                filed...

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