Lovemoney UE Diary

[SXGuy]

Re: Lovemoney UE Diary

I personally would not ignore that one.

Sounds to me like a Letter before action or threat by creditor to commence ligitation (not sure which it falls into)

Wait for someone to agree or disagree with me, but i would be looking to send either letter before action or threat by creditor to commence litigation or maybe Enough is Enough template.

May also want to check what Paul say regarding letters before action and complying with pre action protocols.

Hopefully someone will comment and guide you better than me!

[ScabHunter]

Re: Lovemoney UE Diary

They are taking the wee with this one, and it definitely represents a climb-down from previous threats. I wouldn't personally ignore it, though, I would send something like this -

"I am in receipt of your letter dated (date), in which you reference a letter from Bryan Carter Solicitors.

Note that I replied to this letter on (date). A copy of this response is attached for your perusal."

and I would then attach a copy of the template you sent to Carter.

This keeps the paper trail going, gives you the letter on top of the pile, and it means that Freds too have a copy of the legal threat letter. There is no need to reference their silly "offer" as you know it is facetious, they know it is facetious, and any court would also know that it was facetious.

That is what I would do, unless anyone else has any better ideas. I see Paul was browsing the thread again.

SH

[Lovemoney]

Re: Lovemoney UE Diary

Hi SXGuy & SH

Thank you for just replying...your advice are very appreciated.

[Never-In-Doubt]

Re: Lovemoney UE Diary

They are taking the wee with this one, and it definitely represents a climb-down from previous threats. I wouldn't personally ignore it, though, I would send something like this -

"I am in receipt of your letter dated (date), in which you reference a letter from Bryan Carter Solicitors.

Note that I replied to this letter on (date). A copy of this response is attached for your perusal."

and I would then attach a copy of the template you sent to Carter.

This keeps the paper trail going, gives you the letter on top of the pile, and it means that Freds too have a copy of the legal threat letter. There is no need to reference their silly "offer" as you know it is facetious, they know it is facetious, and any court would also know that it was facetious.

That is what I would do, unless anyone else has any better ideas. I see Paul was browsing the thread again.

SH

Yep, totally agree with this course of action

* Paul's a nosey sod but currently getting pished on pear cider I do believe

[Lovemoney]

Re: Lovemoney UE Diary

Hi Niddy

Thank you for the comment....
One more question..the letter dated 21/11/12, received 23/11/12, letter note contact us within 48 hrs of receipt of this letter. Shall I send normal 2nd class recorded.

[ScabHunter]

Re: Lovemoney UE Diary

That idiotic 48hr deadline only applied to their wonderful offer of the full and final settlement.

Yes, I would send 2nd class recorded as normal.

SH

[Never-In-Doubt]

Re: Lovemoney UE Diary

Yes recorded. Second is same as first now really....

[Lovemoney]

Re: Lovemoney UE Diary

[QUOTE=Lovemoney;165631]CAPITAL ONE (CREDIT CARD)
ACCOUNT SOLD TO DCA: CAPQUEST & FREDRICKSON INT.
HUSBANDS

UPDATE
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.[/QUOTE]

[QUOTE=ScabHunter;258580]This is only a bog standard template from that slimy snake Carter.
Our Templates | Unenforceability Templates | Repeated Threat by Creditor - Enough is Enough ResponseQUOTE]

UPDATE...
[SIZE=1]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.

I would send something like this -
I am in receipt of your letter dated 23/11/2012, in which you reference a letter from Bryan Carter Solicitors.

Note that I replied to this letter on 9/7/2012. A copy of this response is attached for your perusal. (attach a copy of Templates | Unenforceability Templates | Threat by Creditor - To Commence Litigation)
SH

Will get the letters off in post first thing in the morning and will update any developments .
Many thanks for all the help I get here....

[ScabHunter]

Re: Lovemoney UE Diary

Just one thing I notice - I don't think the dates you've quoted in your last post are quite accurate. In the first line, you've got 23/11/2012, which appears to be the date you received the letter. You need the date on the actual letter itself, which appears to be 21/11/2012.

In the second line, you've got 9/7/12. If you go back to post #523, it says you sent the threat of litigation template on 13/7/2012.

These are only minor differences, but it is best to be totally accurate if you can.

SH

[Never-In-Doubt]

Re: Lovemoney UE Diary

^^^ well spotted

[Lovemoney]

Re: Lovemoney UE Diary

Thanks for pointing that out......

Just one thing I notice - I don't think the dates you've quoted in your last post are quite accurate. In the first line, you've got 23/11/2012, which appears to be the date you received the letter. You need the date on the actual letter itself, which appears to be 21/11/2012.

You were right...I should have put 21/11/12 instead of 23/11/2012.

In the second line, you've got 9/7/12. If you go back to post #523, it says you sent the threat of litigation template on 13/7/2012.

Sorry for the confusion the letter dated 9/7/12, which I sent out on 13/7/12.

These are only minor differences, but it is best to be totally accurate if you can.
Will try be careful next time...
SH

[ScabHunter]

Re: Lovemoney UE Diary

If the threat of litigation letter was dated 9/7/12 then you can leave that date in the second line. Just change the first date to 21/11/12.

SH

[Lovemoney]

Re: Lovemoney UE Diary

SH

Is too late... by the time I came home from work, my husband already sent the letter .

[ScabHunter]

Re: Lovemoney UE Diary

SH

Is too late... by the time I came home from work, my husband already sent the letter .

Don't worry about it - the dates are close enough for it not to make any difference. It is obvious what the letter refers to and that is all that matters.

SH

[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.
26/11/12
Unenforceability Templates | Repeated Threat by Creditor - Enough is Enough Response sent by recorded. *Refer #514.

UPDATE...
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.

shall I ignore for now just wait to see what happens.