Lovemoney UE Diary

[MrsD]

Re: Lovemoney UE Diary

I would wait to see what they come up with(if anything)

[ScabHunter]

Re: Lovemoney UE Diary

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.

Absolutely!

After all of their belligerence and threats, they are now firmly in retreat.

In this game, they attack and we defend. If they are not attacking, we don't have anything to defend against.

SH

[Lovemoney]

Re: Lovemoney UE Diary

Hi Mrs D

Thanks for the response it is very much appreciated...will do.

[Lovemoney]

Re: Lovemoney UE Diary

Huge THANKS for everyone who has help me.

[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).
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.

UPDATE...
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.

Please advise what should I do with this one?

[ScabHunter]

Re: Need Advice

Please advise what should I do with this one?

Personally, I would just ignore it as they are being facetious and completely stupid.

If they have anything to say to you, they can put it in writing. Provided they can find enough literate employees.

SH

[Lovemoney]

Re: Lovemoney UE Diary

Good Evening SH

Thanks.... I'll do as you suggest and ignore .

[Lovemoney]

Re: Lovemoney UE Diary

[QUOTE=Lovemoney;167109]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.
22/10/12
Overdraft - CCA Information part 2 sent. (*Refer #463)
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)
[/QUOTE]

UPDATE....

13/12/12
Received letter (dated 26/11/12) from Cabot...
[ATTACH][/ATTACH]

Please advise what should I do...

[ScabHunter]

Re: Lovemoney UE Diary

This is going to need a bespoke reply, and it won't be easy to compose as the way we handle overdraft legislation is relatively new.

One thing I must pick up on first – I see in your last post it says "30/10/12
Letter from Cabot received...Repaying yr A/C tnx for yr recent payment."

I take it you haven't given Crapbot any money? This is a stunt they pulled on me back in 2008, misappropriating the CCA Statutory fee and applying it to the alleged "account". This needs to be challenged, so can you just see if any of the balances they are quoting have been altered?

In my case, I submitted a formal complaint and Crapbot backed down. They had adjusted the balance downwards by £1, in an attempt to restart the limitation clock. Following my complaint, they had to adjust it back up again, giving me clear evidence that the Statutory fee had been exactly that, and that the limitation clock had not been restarted. In the end, the only effect of their deceit is to give me more ammunition for complaints to the regulatory authorities, which will now soon be forthcoming.

This needs to be dealt with first, before we even think of a reply to Crapbot latest confusionogram. They operate in a different way from most DCAs – instead of just saying "we think it is enforceable so up you", they like to confuse people (including judges) by quoting irrelevant passages of legislation, and making inappropriate links between sections which have no relevance to each other.

Of course, that is a double edged sword. If you can, as I did, point out exactly where they are being deceitful and what the relevant legislation really says, they then have nowhere left to hide.

SH

[Lovemoney]

Re: Lovemoney UE Diary

Sh Thanks for the reply....much appreciated.

Just have had look through the letters they first contact me and found...

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.

16/10/12
Letter(dated 15/10/12) from Cabot received. (BALANCE: £2697.51)

18/10/12
Bank details received.
set up standing order for £1 first payment date was 27/10/12.

Last letter which I received on 26/12/12 the BALANCE: £2695.51

Hope above details helped....can you suggest me further of what I should reply please...thanks in advance.

[Lovemoney]

Re: Lovemoney UE Diary

EGG (CREDIT CARD)

ACCOUNT SOLD TO CAPQUEST & AKTIV KAPITAL
BALANCE: £11344.81
HUSBANDS
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.
28/7/12
received letter from Aktiv Kapital refer to previous communications, would like to confirm that we are still waiting for information to be supplied to ourselves in order to resolve yr query. Your a/c continues to remain on hold, whilst we await this information.
20/9/12
Letter from Aktiv Kapital received today (27/9/12) refer to previous communications, would like to confirm that we are still waiting for information to be supplied to ourselves in order to resolve yr query. Your a/c continues to remain on hold, whilst we await this information.
20/10/12
Letter from Aktiv Kapital received today (25/10/12) refer to previous communications, would like to confirm 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. Your a/c continues to remain on hold, whilst we await this information. Just file it. *refer #484.

UPDATE...
13/12/12
Letter from Aktiv Kapital received today (17/12/12) refer to previous communications, would like to confirm 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. Your a/c continues to remain on hold. Should you require any additional information pls contact our Customer Service Department on XXXXXXXXXXX.

filed...

[ScabHunter]

Re: Lovemoney UE Diary

Post #548 - I am confused now - what exactly is it you are trying to achieve here?

It looks from what you have written here as though you are paying them £1 a month through standing order, in which case the limitation clock is being perennially reset.

If you are acknowledging the alleged debt and paying it, what is the argument over the CCA about?

I am entirely confused now.

SH

[ken100464]

Re: Lovemoney UE Diary

SH

Reading this through think LM might have sent a sold in dispute/part 2 OD letter when still paying throughout.

Seems to have gone slightly off kilter when account was moved to Cabot but they were trying to set up a standing order.

Dont think they stopped paying at all throughout but this has got lost.

Cabot could actually be as confused as you are wondering what is happeneing to the account. They seemed to be happy if the payment was maintained for it to continue when it was assigned.

Dont know if that makes any difference .

[Lovemoney]

Re: Lovemoney UE Diary

Post #548 - I am confused now - what exactly is it you are trying to achieve here?

It looks from what you have written here as though you are paying them £1 a month through standing order, in which case the limitation clock is being perennially reset.
If you are acknowledging the alleged debt and paying it, what is the argument over the CCA about?
I am entirely confused now.
SH

Sorry didn't mean to cause confusion, I was guided by one of the ex- Mod, please refer to my diary #455 & #456. Can you advice me what is the best I can do now .

[Deepie]

Re: Lovemoney UE Diary

Sorry didn't mean to cause confusion, I was guided by one of the ex- Mod, please refer to my diary #455 & #456. Can you advice me what is the best I can do now .

Are you paying anything ......if so to whom ?