Lovemoney UE Diary

[swanfan]

Re: Lovemoney UE Diary

Good result.

[Lovemoney]

Re: Lovemoney UE Diary

Big Thank you for your moral support, I'm aware I still have a bumpy journey ahead and I hope you all continue to give your support and help in the future....

[CleverClogs (RIP)]

Re: Lovemoney UE Diary

i fought them on another matter, and they were truely aggressive and the funny part was that even the judge pointed out that we had told them they were buggered, but they still went ahead lol

Did they just refuse to accept that they had been sodomised?

[Lovemoney]

Re: Lovemoney UE Diary

EGG (CREDIT CARD)
ACCOUNT SOLD TO CAPQUEST & AKTIV KAPITAL
BALANCE: £11344.81

26/3/12
sent cca request.

18/5/12
cca received emailed (on the cover letter saying whilst we wait on your response, please be advised that this a/c remains on hold).

22/5/12
Niddy says based on the fact it's a damn good recon by the looks of it is
however that said it still isn't signed or anything so definitely
worth blagging by sending MPT letter.


22/5/12
MPT letter send. (#208 advice carry on paying £1)


28/5/12 Balance £11322.81
reply saying refer to further information regarding agreement will contact the original creditor to provide the information that you require in an effort to resolve this matter. Due to the fact that we have to try to obtain documents from the OC we may be unable to do so, yr a/c is on hold and has been removed from the collection process whilst we await the requested information.

Update......just wait and see what they send next.

[Lovemoney]

Re: Lovemoney UE Diary

CAPITAL ONE (CREDIT CARD)
ACCOUNT SOLD TO DCA: CAPQUEST


21/1/10 (Debts sold to capquest dca)
send in proposal, hardship difficulties & budget sheet.

27/1/2010 Balance:£10079.71
confirm offer been accepted and offer 71.00% settlement amount to pay £7156.59 pay by 2/2/10.

26/3/2012
cca request sent.

27/4/2012
received Credit Agreement (cover letter dated 6/4/2012) Emailed Niddy

30/4/2012
Niddy confirmed MPT letter sent.

15/5/2012
received reply 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.

any thoughts

[Paul.]

Re: Lovemoney UE Diary

15/5/2012
received reply 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.

Who was that reply from?

The reason i ask, is two fold.

Firstly, you need to think about the document you signed and then consider if the document you signed ( assuming you did sign an agreement of course) is the same as the one they have provided.

And secondly, if the reply was from Capquest, then i would question how the hell they can refer you to the form and content of the document you would have signed when they were not the creditor.

This would call for a reply addressing their reply in my view

[Lovemoney]

Re: Lovemoney UE Diary

Who was that reply from?

The reason i ask, is two fold.

Firstly, you need to think about the document you signed and then consider if the document you signed ( assuming you did sign an agreement of course) is the same as the one they have provided.

And secondly, if the reply was from Capquest, then i would question how the hell they can refer you to the form and content of the document you would have signed when they were not the creditor.

This would call for a reply addressing their reply in my view

Thanks Paul
It was replied from Capital One.
should I just ignore for now?

[CleverClogs (RIP)]

Re: Lovemoney UE Diary

One might suspect that a creditor willing to accept 71% of an alleged debt might know that they stand bugger all chance of getting more by suing.

[Lovemoney]

Re: Lovemoney UE Diary

MBNA (CREDIT CARD)
ACCOUNT SOLD TO DCA (LINK FINANCIAL)
STARTED: 28/8/2003
CURRENT BALANCE: £1574
DEFAULT BALANCE: £1617 (1/11/2006)


21/3/2012
Niddy confirmed

26/3/2012
sent off MPT letter.

16/3/2012
received REMINDER NOTICE-YOUR PAYMENT IS OVERDUE.
the payment £1 was due on 25/4/12 & as such yr repayment plan is in arrears. If the sum shown below is not made immnediately then the plan will be cancelled and the full outstanding balance of £1565.50 will be due. should contact an Account Officer to make this payment by Debit or Credit Card today.
TOTAL NOW PAYABLE £1.00.

MBNA (CREDIT CARD)

ACCOUNT SOLD TO DCA (LINK)

21/3/12
Niddy confirmed


26/3/12
sent MPT letter(without recorded post).

16/5/12
received REMINDER NOTICE-YOUR PAYMENT IS OVERDUE.
the payment £1 was due on 30/4/12 & as such yr repayment plan is in arrears. If the sum shown below is not made immnediately then the plan will be cancelled and the full outstanding balance of £15,972.00 will be due. should contact an Account Officer to make this payment by Debit or Credit Card today.
TOTAL NOW PAYABLE £1.00.

8/6/12
UPDATE...received letters from LINK have recently cancelled the agreement to repay this sum in regular instalments because you failed to make these payments on the agreed schedule, may have occurred through a change in your circumstances or simply an oversight on yr part, however it is important that we get this a/c back on track. Contact and speak to an a/c officer to clear any arrears and reset payment plan or to indicate why you can no longer meet yr plan.
Also got loads of phone call from them.

DO I IGNORE ?

[Deepie]

Re: Lovemoney UE Diary

8/6/12
UPDATE...received letters from LINK have recently cancelled the agreement to repay this sum in regular instalments because you failed to make these payments on the agreed schedule, may have occurred through a change in your circumstances or simply an oversight on yr part, however it is important that we get this a/c back on track. Contact and speak to an a/c officer to clear any arrears and reset payment plan or to indicate why you can no longer meet yr plan.
Also got loads of phone call from them.

DO I IGNORE ?

I Would send this------->Harassment by Telephone

[Paul.]

Re: Lovemoney UE Diary

I Would send this------->Harassment by Telephone

also make sure each call is noted down in a log.

Best to keep a pen and note pad by the phone imho, that way when they call you can make a note of it, then use that in evidence later

also, Link tend to deny calls, so id use 1471 right after they call to get the number and note that down too.

[Lovemoney]

Re: Need Advice

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).

UPDATE....



further advice needed please....thanks as always

[Deepie]

Re: Need Advice

UPDATE....



further advice needed please....thanks as always

If it was me I Would send this--------> Threat by Creditor - To Commence Litigation

[Never-In-Doubt]

Re: Lovemoney UE Diary

Tesco - this is

No PT's sent at all, plus the fact you originally applied to RBS for Tesco to then write back saying fill this form in, means you should have been sent new terms with the Tesco application, neither are present.

I would respond with this ---> Our Templates | Unenforceability Templates | CCA Query - Missing Prescribed Terms

[Lovemoney]

Re: Need Advice

If it was me I Would send this--------> Threat by Creditor - To Commence Litigation

I2D...letter send 11/6/12