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Re: Lovemoney UE Diary
Update........
Sorry forgot to send this letter, should I send it out now or....advice needed please
Originally posted by Lovemoney
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CAPITAL ONE (CREDIT CARD)
ACCOUNT SOLD TO DCA: CAPQUEST
HUSBANDS
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.
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.
ACCOUNT SOLD TO DCA: CAPQUEST
HUSBANDS
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.
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.
Originally posted by in 2 deep
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Sorry forgot to send this letter, should I send it out now or....advice needed please
prepare it right now definately will post it off tomorrow.
It certainly sends out a "don't-even-think-about-a-forgery" signal. Could stop bogus *recons* overnight 
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