Lovemoney UE Diary

[Lovemoney]

Re: Lovemoney UE Diary

Really appreciate all the support and good words, it's mean a lot....

And will keep that letter very safe for future record.

[Lovemoney]

Re: Lovemoney UE Diary

TESCO (CREDIT CARD)
DEFAULTED
HUSBANDS
HISTORY
26/3/2012
CCA request sent.
2/5/2012
received response obliged to provide you with a 'true' copy of the CCA & most recent available statement to the a/c with amounts and due dates of future payments that still require to be made. In terms of CCA copy doc regulations, the 'true' copy requirement can be satisfied by providing a copy agreement at the date the card agreeement was made and plus a copy of the current terms of the card agreement. Records show that there is still an outstanding balance on the a/c is currently being managed by Financial Hardships Team, therefore contact them directly to obtain details of the required repayments to settle the a/c. I can confirm that yr a/c has not been sold. Emailed Niddy.
4/5/2012
Niddy says THANKS will be sending MPT letter.
4/5/2012
MPT letter sent.
1/6/2012
received response from Tesco Data Protection Act 1998. We enclose copy information held by Tesco Bank is provided under the term of the above Act and was located using the information contained within your request. Emailed Niddy.
29/1/2013
Letter from Tesco Banks received today (1/2/13). Important-you must take action-call us today on XXXXXXX 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.
Are you in financial difficulties? Contact us immediately if, due to financial difficulties or a change in circumstances, you can't pay the full debt within the next 7 days. There is no need to panic. Call XXXXXXXXXX to speak to one of our experienced advisors. They will listen sympathetically & help you think about yr options. We have helped losts of people in yr situation in the past.
4/2/2013
Our Templates | Unenforceability Templates | Final Response - Unenforceability (CCA Received) sent by recorded. refer #636
11/2/2013 BALANCE £3381.73
Letter from Allied International Credit (AIC) received today (16/2/13). The a/c noted above has been assigned to us from our Client, TESCO BANK with regards to the non payment of the outstanding balance. We are unaware of any reason for the non payment & we encourage you to contact our office immediately to resolve the outstanding matter in a timely manner. If you have already made payment to this a/c pls contact us with the payment details. Alternatively, if you are experiencing financial difficulaty pls call us as we are happy to discuss yr situation & how we can help resolve. refer # 654 &655
19/2/2013
Templates | Unenforceability Templates | Account Sold whilst in Dispute sent by recorded.
19/8/2013
Letter from Tesco Banks received. We write to advise that due to yr failure to agree or maintain repayments towards yr debt, have decided to pass the management of yr a/c to one of our Debt Collection Agencies called Robinson Way. They will attempt to contact you within next 10 days, to discussing yr individual circumstances. Their aim is to establish an affordable & sustainable repayment arrangement with you.
24/8/2013
Letter from Robinson Way received. This is about yr unpaid a/c. We are authorised to negotiate repayment of the a/c with you. Pay this in full to us, agree an affordable payment plan with us. If you fail to pay, and neglect to deal with this a/c, it may mean; *You ability to obtain credit including mortgages may be affected. *Our local doorstep collection agent is asked to visit you to agree a payment plan. *This a/c may continue to be a worry for you - we can help you deal with it. Immediate payment can be made by card. Our collection agents are waiting for your call, if you prefer. You can deal with this a/c online at XXXXXXXXXX.
6/9/2013
Letter from Robinson Way received today (9/9/13). We understand that in these difficult times it can be a struggle maintaining payments to yr a/c. You may have made a previous repayment offer that was declined, we want to help you by agreeing an affordable arrangement based on yr individual circumstances. We have a range of payment solutions available that we can tailor to yr situation so pls contact us discuss the best way forward or if you prefer not to speak to one of our collection agents you can deal online or email. refer #760...
16/9/2013
Account Sold whilst in Dispute - allaboutDEBT UK sent by recorded.
18/9/2013
Letter from Robinson Way received. We understand in difficult times how worrying it can be to work out how to pay overdue a/c. Our aim is to help you clear up this long outstanding problem a/c, once & for all. We may allow yr a/c to be paid by affordable instalments of just £30 a month. Call us now or.......
23/9/2013
Letter from Robinson Way received today (25/9/13). Thank you for yr recent contact. Pls forward the fee of £1 to enable us to respond to yr request under the CCA. We have held yr a/c for 14 days to enable you to forward this. After this time collection activity will resume on yr a/c. refer #781
4/10/2013
Reply with....With regard to your letter dated 23/9/2013. I would like to point out that I am not requesting a CCA but that you refer this a/c back to your Client.

UPDATE...
17/10/2013
Letter from Robinson Way received. We have noted the dispute/query you have raised. We will make the necessary enquiries & let you know the outcome in due course. In the meantime we will stop all collection activity for this a/c.
See what they send next...filed.

[nightwatch]

Re: Lovemoney UE Diary

UPDATE...
[/SIZE]17/10/2013
Letter from Robinson Way received. We have noted the dispute/query you have raised. We will make the necessary enquiries & let you know the outcome in due course. In the meantime we will stop all collection activity for this a/c.
See what they send next...filed.

They will probably send another letter saying you haven't contacted them to come to some arrangement, coz they is stupid!!

[Lovemoney]

Re: Lovemoney UE Diary

TESCO (CREDIT CARD)
DEFAULTED
HUSBANDS
HISTORY
26/3/2012
CCA request sent.
2/5/2012
received response obliged to provide you with a 'true' copy of the CCA & most recent available statement to the a/c with amounts and due dates of future payments that still require to be made. In terms of CCA copy doc regulations, the 'true' copy requirement can be satisfied by providing a copy agreement at the date the card agreeement was made and plus a copy of the current terms of the card agreement. Records show that there is still an outstanding balance on the a/c is currently being managed by Financial Hardships Team, therefore contact them directly to obtain details of the required repayments to settle the a/c. I can confirm that yr a/c has not been sold. Emailed Niddy.
4/5/2012
Niddy says THANKS will be sending MPT letter.
4/5/2012
MPT letter sent.
1/6/2012
received response from Tesco Data Protection Act 1998. We enclose copy information held by Tesco Bank is provided under the term of the above Act and was located using the information contained within your request. Emailed Niddy.
29/1/2013
Letter from Tesco Banks received today (1/2/13). Important-you must take action-call us today on XXXXXXX 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.
Are you in financial difficulties? Contact us immediately if, due to financial difficulties or a change in circumstances, you can't pay the full debt within the next 7 days. There is no need to panic. Call XXXXXXXXXX to speak to one of our experienced advisors. They will listen sympathetically & help you think about yr options. We have helped losts of people in yr situation in the past.
4/2/2013
Our Templates | Unenforceability Templates | Final Response - Unenforceability (CCA Received) sent by recorded. refer #636
11/2/2013 BALANCE £3381.73
Letter from Allied International Credit (AIC) received today (16/2/13). The a/c noted above has been assigned to us from our Client, TESCO BANK with regards to the non payment of the outstanding balance. We are unaware of any reason for the non payment & we encourage you to contact our office immediately to resolve the outstanding matter in a timely manner. If you have already made payment to this a/c pls contact us with the payment details. Alternatively, if you are experiencing financial difficulaty pls call us as we are happy to discuss yr situation & how we can help resolve. refer # 654 &655
19/2/2013
Templates | Unenforceability Templates | Account Sold whilst in Dispute sent by recorded.
19/8/2013
Letter from Tesco Banks received. We write to advise that due to yr failure to agree or maintain repayments towards yr debt, have decided to pass the management of yr a/c to one of our Debt Collection Agencies called Robinson Way. They will attempt to contact you within next 10 days, to discussing yr individual circumstances. Their aim is to establish an affordable & sustainable repayment arrangement with you.
24/8/2013
Letter from Robinson Way received. This is about yr unpaid a/c. We are authorised to negotiate repayment of the a/c with you. Pay this in full to us, agree an affordable payment plan with us. If you fail to pay, and neglect to deal with this a/c, it may mean; *You ability to obtain credit including mortgages may be affected. *Our local doorstep collection agent is asked to visit you to agree a payment plan. *This a/c may continue to be a worry for you - we can help you deal with it. Immediate payment can be made by card. Our collection agents are waiting for your call, if you prefer. You can deal with this a/c online at XXXXXXXXXX.
6/9/2013
Letter from Robinson Way received today (9/9/13). We understand that in these difficult times it can be a struggle maintaining payments to yr a/c. You may have made a previous repayment offer that was declined, we want to help you by agreeing an affordable arrangement based on yr individual circumstances. We have a range of payment solutions available that we can tailor to yr situation so pls contact us discuss the best way forward or if you prefer not to speak to one of our collection agents you can deal online or email. refer #760...
16/9/2013
Account Sold whilst in Dispute - allaboutDEBT UK sent by recorded.
18/9/2013
Letter from Robinson Way received. We understand in difficult times how worrying it can be to work out how to payoverdue a/c. Our aim is to help you clear up this long outstanding problem a/c, once & for all. We may allow yr a/c to be paid by affordable instalments of just £30 a month. Call us now or.......
23/9/2013
Letter from Robinson Way received today (25/9/13). Thank you for yr recent contact. Pls forward the fee of £1 to enable us to respond to yr request under the CCA. We have held yr a/c for 14 days to enable you to forward this. After this time collection activity will resume on yr a/c. refer #781
4/10/2013
Reply with....With regard to your letter dated 23/9/2013. I would like to point out that I am not requesting a CCA but that you refer this a/c back to your Client.
17/10/2013
Letter from Robinson Way received. We have noted the dispute/query you have raised. We will make the necessary enquiries & let you know the outcome in due course. In the meantime we will stop all collection activity for this a/c.

UPDATE...
21/10/2013
Letter from Robinson Way received. Further to your recent contact with our office. Pls see enclosed our client letter dated 26/4/12 with the details yr requested. We therefore now request yr payment proposal within the next fourteen days.
will send the copies of CCA for Niddy to have a look at & take it from there...

[Pixie]

Re: Lovemoney UE Diary

Niddy's already said that this is UE so I'd be sending http://www.all-about-debt.co.uk/old/...e-cca-received

[Lovemoney]

Re: Lovemoney UE Diary

Niddy's already said that this is UE so I'd be sending http://www.all-about-debt.co.uk/old/...e-cca-received

Above template sent (28/10/13) as suggested.....

[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
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.
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.
2/5/13
Email from LOWELL PORTFOLIO received. We wrote to you recently regarding yr debt that has been sold to LOWELL PORTFOLIO by Capital One. Has asked us to collect the debt on their behalf. Make us an offer! We want to help, willing to listen to any arrangement offer you can realistically afford to help repay the outstanding balance. The repayment can be weekly or monthly, whichever suits you best. When yr balance is cleared, will update the credit reference agencies to reflect this on yr credit file. When you enter into a repayment arrangement with us, it should give you some comfort knowing you are getting yr finances back on track. As long as you make yr agreed repayments on time, you will not receive further phone calls & letters from us or any third party debt collectors appointed by us & we will not take further action against you to recover the debt. Pls call XXXX today to discuss an affordable repayment plan. If you would prefer to pay online you call set up a D/D in the comfort of yr own home without the need to speak to anyone, remenber we will accept yr offer of monthly payment. (don't know how they got my email address from)
1/5/13
Letter from LOWELL PORTFOLIO received (4/5/13). We're here to help you get yr a/c up to date wrote recently to let you know they have bought the outstanding balance you had with CAPITAL ONE. You have not yet cleared the outstanding balance or entered into a repayment plan, so they have asked us to get in touch. We can help you clear this outstanding balance & repaying yr debt may help to improve yr credit rating. What you need to do now It's very important that you do 1. Pay us in full... 2. Contact us to talk about a convenient way for you to pay. Based on yr current financial circumstances, we will be able to offer a repayment plan that works for you. refer #724&#725
13/5/13
Account sold while in dispute (dated 7/5/2013) sent by recorded.
16/5/13
Letter from LOWELL PORTFOLIO. We still haven't agreed a repayment plan for the outstanding balance you have with us. The longer you leave getting in touch or paying off the balancem the more you risk further action being taken against you including legal action. We may also ask one of our agents to arrange a time to visit you at home to discuss yr a/c & repayment of yr debt if we don't hear from you. So pls phone us.
24/5/13
Letter from LOWELL PORTFOLIO received (31/5/13). I confirm that yr complaint has now been to the Customer Relations Dept. who will carry out a thorough investigation. We will investigate this as quickly as we can but we may need to contact you for further information or to provide you with an update. If we can contact you by telephone, we will able to discuss yr concerns directly with you & hopefully agree a resolution with you verbally. This is the quickest & easiest way for us to resolve this for you. I would like to assure you that the a/c will be placed on hold, & we will stop all collections activity whilst dealing with yr complaint.
17/6/13
Letter from LOWELL PORTFOLIO received (19/6/13). Following on from our previous letter in acknowldegement of yr complaint, we are writing again to advise we are still investigating the details of yr concerns. Unfortunately, we have not yet completed the investiagation that will allow us to respond fully. Pls accept our apologies for the delay & thank you for yr patient. Be assured that we will write to you again asap but no later than 8 wks from the date we received yr complaint.
12/7/13
Letter from LOWELL PORTFOLIO received (13/7/13). Writing to update you on the progress of yr complaint investigation. In order to investigate yr complaint fully, it has been necessary to gather & review relevant information about yr case from CAPITAL ONE & this is taking longer than anticipated. Hope to have completed my investigation & be in a positon to provide you with a full response within the next 2wks. As it has now been 8wks since we received yr complaint you do have a right to refer yr case to the Financial Ombudsman, although I trust that this will not be necessary. If you would like to discuss yr case further at this stage, pls feel free to contact a member of my team on XXXXXXXXXXX.
4/9/13
Letter from LOWELL PORTFOLIO received. I Have investigated the matter & this letter sets out the result of those investigations. Summary of yr complaint Believe our pursuit of the outstanding balance to be harassment as yr Section 77/78 CCA request by CAPITAL ONE was not complete, you believe this debt to be unenforceable & should not have been sold to us. My findings I apologise that you feel harassed by our activities in pursuit of this outstanding balance. I can assure you that this is certainly not our intention & that all of our procedures comply with the regulations & codes of practice laid down for the industry within which we operate our business. Believe the a/c to be valid & collectable. Will place the a/c on hold for 30 days for you to review all the information & contact us with yr payment proposals. After this period the a/c will passed to our Collections Dept. & collection activity will resume. Hope that this response concludes the matter to yr satisfaction. If you need to discuss this further pls do contact me or write to me. The FOS provides a dispute resolution service to assist customers who feel their complaint remains unresolved. Naturally, this response hope that you will not feel the need to do so. ~ Received photocopy Original Agreement & Defaulted Agreement (Emailed Niddy).
26/9/13
Niddy confirmed is a recon advised send Our Templates | Unenforceability Templates | CCA Query - Missing Prescribed Terms(SENT).

UPDATE...
31/10/13
Letter from LOWELL FINANCIAL received (4/11/13). LOWELL PORTFOLIO wrote recently to let you know they have bought the outstanding balance you had with Capital One. You have not yet cleared the outstanding balance or entered into a repayment plan, so they have asked us to get in touch. What you need to do now It's very important that you do one of the following things asap: 1. Pay us in full 2. Contact us to talk about a convenient way for you to pay. Based on yr current financial circumstances, we will be able to offer a repayment plan that works for you.
1/11/13 BALANCE: £1785.43
Statement of your a/c from LOWELL PORTFOLIO received (6/11/13). This notice is being given to you as required by the CCA1974 because you fell behind with yr payments under this agreement (7/4/2005) with yr original creditor.
Just want some advice on what to do...thanks as always.

[Pixie]

Re: Lovemoney UE Diary

Letter dated 31/10/2013, I would sendhttp://www.all-about-debt.co.uk/old/index.php/template-letters/unenforceability/s2-receiving-letters/125-creditor-refusal-to-accept-ue-status

[Lovemoney]

Re: Lovemoney UE Diary

Letter dated 31/10/2013, I would sendhttp://www.all-about-debt.co.uk/old/index.php/template-letters/unenforceability/s2-receiving-letters/125-creditor-refusal-to-accept-ue-status

Thank you Pixie...will get it ready and post it on Monday...will keep you updated.

[Lovemoney]

Re: Lovemoney UE Diary

TESCO (CREDIT CARD)
DEFAULTED
HUSBANDS
HISTORY
26/3/2012
CCA request sent.
2/5/2012
received response obliged to provide you with a 'true' copy of the CCA & most recent available statement to the a/c with amounts and due dates of future payments that still require to be made. In terms of CCA copy doc regulations, the 'true' copy requirement can be satisfied by providing a copy agreement at the date the card agreeement was made and plus a copy of the current terms of the card agreement. Records show that there is still an outstanding balance on the a/c is currently being managed by Financial Hardships Team, therefore contact them directly to obtain details of the required repayments to settle the a/c. I can confirm that yr a/c has not been sold. Emailed Niddy.
4/5/2012
Niddy says THANKS will be sending MPT letter.
4/5/2012
MPT letter sent.
1/6/2012
received response from Tesco Data Protection Act 1998. We enclose copy information held by Tesco Bank is provided under the term of the above Act and was located using the information contained within your request. Emailed Niddy.
29/1/2013
Letter from Tesco Banks received today (1/2/13). Important-you must take action-call us today on XXXXXXX 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.
Are you in financial difficulties? Contact us immediately if, due to financial difficulties or a change in circumstances, you can't pay the full debt within the next 7 days. There is no need to panic. Call XXXXXXXXXX to speak to one of our experienced advisors. They will listen sympathetically & help you think about yr options. We have helped losts of people in yr situation in the past.
4/2/2013
Our Templates | Unenforceability Templates | Final Response - Unenforceability (CCA Received) sent by recorded. refer #636
11/2/2013 BALANCE £3381.73
Letter from Allied International Credit (AIC) received today (16/2/13). The a/c noted above has been assigned to us from our Client, TESCO BANK with regards to the non payment of the outstanding balance. We are unaware of any reason for the non payment & we encourage you to contact our office immediately to resolve the outstanding matter in a timely manner. If you have already made payment to this a/c pls contact us with the payment details. Alternatively, if you are experiencing financial difficulaty pls call us as we are happy to discuss yr situation & how we can help resolve. refer # 654 &655
19/2/2013
Templates | Unenforceability Templates | Account Sold whilst in Dispute sent by recorded.
19/8/2013
Letter from Tesco Banks received. We write to advise that due to yr failure to agree or maintain repayments towards yr debt, have decided to pass the management of yr a/c to one of our Debt Collection Agencies called Robinson Way. They will attempt to contact you within next 10 days, to discussing yr individual circumstances. Their aim is to establish an affordable & sustainable repayment arrangement with you.
24/8/2013
Letter from Robinson Way received. This is about yr unpaid a/c. We are authorised to negotiate repayment of the a/c with you. Pay this in full to us, agree an affordable payment plan with us. If you fail to pay, and neglect to deal with this a/c, it may mean; *You ability to obtain credit including mortgages may be affected. *Our local doorstep collection agent is asked to visit you to agree a payment plan. *This a/c may continue to be a worry for you - we can help you deal with it. Immediate payment can be made by card. Our collection agents are waiting for your call, if you prefer. You can deal with this a/c online at XXXXXXXXXX.
6/9/2013
Letter from Robinson Way received today (9/9/13). We understand that in these difficult times it can be a struggle maintaining payments to yr a/c. You may have made a previous repayment offer that was declined, we want to help you by agreeing an affordable arrangement based on yr individual circumstances. We have a range of payment solutions available that we can tailor to yr situation so pls contact us discuss the best way forward or if you prefer not to speak to one of our collection agents you can deal online or email. refer #760...
16/9/2013
Account Sold whilst in Dispute - allaboutDEBT UK sent by recorded.
18/9/2013
Letter from Robinson Way received. We understand in difficult times how worrying it can be to work out how to pay overdue a/c. Our aim is to help you clear up this long outstanding problem a/c, once & for all. We may allow yr a/c to be paid by affordable instalments of just £30 a month. Call us now or.......
23/9/2013
Letter from Robinson Way received today (25/9/13). Thank you for yr recent contact. Pls forward the fee of £1 to enable us to respond to yr request under the CCA. We have held yr a/c for 14 days to enable you to forward this. After this time collection activity will resume on yr a/c. refer #781
4/10/2013
Reply with....With regard to your letter dated 23/9/2013. I would like to point out that I am not requesting a CCA but that you refer this a/c back to your Client.
17/10/2013
Letter from Robinson Way received. We have noted the dispute/query you have raised. We will make the necessary enquiries & let you know the outcome in due course. In the meantime we will stop all collection activity for this a/c.
21/10/2013
Letter from Robinson Way received. Further to your recent contact with our office. Pls see enclosed our client letter dated 26/4/12 with the details yr requested. We therefore now request yr payment proposal within the next fourteen days.
28/10/2013
http://www.all-about-debt.co.uk/old/...e-cca-received sent. (refer #800).

UPDATE...
8/11/2013
Letter from Robinson Way received. We refer to yr a/c, which will no longer be managed by this office. All future payments & correspondence should be sent to our client directly. If you were paying us by SO pls cancel that instruction.

[nightwatch]

Re: Lovemoney UE Diary

Hi LM my Tesco card is now with Fredricksons, I sent them a SWID letter and they told me to send for CCA to tesco, referred them back to my SWID letter and have been sent a rubbish letter saying Tesco complied with my CCA request twice in 2012,[ like you they only sent current terms under DPA 1998] and as Tesco legal team don't keep a copy of what is sent I need to Request another CCA direct from tesco and not to forget the fee,and would i contact freds with a payment offer.

[Pixie]

Re: Lovemoney UE Diary

[/SIZE][/COLOR][/COLOR]UPDATE...
8/11/2013
Letter from Robinson Way received. We refer to yr a/c, which will no longer be managed by this office. All future payments & correspondence should be sent to our client directly. If you were paying us by SO pls cancel that instruction.

Just wait and see who they pass it onto next.

[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
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.
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.
2/5/13
Email from LOWELL PORTFOLIO received. We wrote to you recently regarding yr debt that has been sold to LOWELL PORTFOLIO by Capital One. Has asked us to collect the debt on their behalf. Make us an offer! We want to help, willing to listen to any arrangement offer you can realistically afford to help repay the outstanding balance. The repayment can be weekly or monthly, whichever suits you best. When yr balance is cleared, will update the credit reference agencies to reflect this on yr credit file. When you enter into a repayment arrangement with us, it should give you some comfort knowing you are getting yr finances back on track. As long as you make yr agreed repayments on time, you will not receive further phone calls & letters from us or any third party debt collectors appointed by us & we will not take further action against you to recover the debt. Pls call XXXX today to discuss an affordable repayment plan. If you would prefer to pay online you call set up a D/D in the comfort of yr own home without the need to speak to anyone, remenber we will accept yr offer of monthly payment. (don't know how they got my email address from)
1/5/13
Letter from LOWELL PORTFOLIO received (4/5/13). We're here to help you get yr a/c up to date wrote recently to let you know they have bought the outstanding balance you had with CAPITAL ONE. You have not yet cleared the outstanding balance or entered into a repayment plan, so they have asked us to get in touch. We can help you clear this outstanding balance & repaying yr debt may help to improve yr credit rating. What you need to do now It's very important that you do 1. Pay us in full... 2. Contact us to talk about a convenient way for you to pay. Based on yr current financial circumstances, we will be able to offer a repayment plan that works for you. refer #724&#725
13/5/13
Account sold while in dispute (dated 7/5/2013) sent by recorded.
16/5/13
Letter from LOWELL PORTFOLIO. We still haven't agreed a repayment plan for the outstanding balance you have with us. The longer you leave getting in touch or paying off the balancem the more you risk further action being taken against you including legal action. We may also ask one of our agents to arrange a time to visit you at home to discuss yr a/c & repayment of yr debt if we don't hear from you. So pls phone us.
24/5/13
Letter from LOWELL PORTFOLIO received (31/5/13). I confirm that yr complaint has now been to the Customer Relations Dept. who will carry out a thorough investigation. We will investigate this as quickly as we can but we may need to contact you for further information or to provide you with an update. If we can contact you by telephone, we will able to discuss yr concerns directly with you & hopefully agree a resolution with you verbally. This is the quickest & easiest way for us to resolve this for you. I would like to assure you that the a/c will be placed on hold, & we will stop all collections activity whilst dealing with yr complaint.
17/6/13
Letter from LOWELL PORTFOLIO received (19/6/13). Following on from our previous letter in acknowldegement of yr complaint, we are writing again to advise we are still investigating the details of yr concerns. Unfortunately, we have not yet completed the investiagation that will allow us to respond fully. Pls accept our apologies for the delay & thank you for yr patient. Be assured that we will write to you again asap but no later than 8 wks from the date we received yr complaint.
12/7/13
Letter from LOWELL PORTFOLIO received (13/7/13). Writing to update you on the progress of yr complaint investigation. In order to investigate yr complaint fully, it has been necessary to gather & review relevant information about yr case from CAPITAL ONE & this is taking longer than anticipated. Hope to have completed my investigation & be in a positon to provide you with a full response within the next 2wks. As it has now been 8wks since we received yr complaint you do have a right to refer yr case to the Financial Ombudsman, although I trust that this will not be necessary. If you would like to discuss yr case further at this stage, pls feel free to contact a member of my team on XXXXXXXXXXX.
4/9/13
Letter from LOWELL PORTFOLIO received. I Have investigated the matter & this letter sets out the result of those investigations. Summary of yr complaint Believe our pursuit of the outstanding balance to be harassment as yr Section 77/78 CCA request by CAPITAL ONE was not complete, you believe this debt to be unenforceable & should not have been sold to us. My findings I apologise that you feel harassed by our activities in pursuit of this outstanding balance. I can assure you that this is certainly not our intention & that all of our procedures comply with the regulations & codes of practice laid down for the industry within which we operate our business. Believe the a/c to be valid & collectable. Will place the a/c on hold for 30 days for you to review all the information & contact us with yr payment proposals. After this period the a/c will passed to our Collections Dept. & collection activity will resume. Hope that this response concludes the matter to yr satisfaction. If you need to discuss this further pls do contact me or write to me. The FOS provides a dispute resolution service to assist customers who feel their complaint remains unresolved. Naturally, this response hope that you will not feel the need to do so. ~ Received photocopy Original Agreement & Defaulted Agreement (Emailed Niddy).
26/9/13
Niddy confirmed is a recon advised send Our Templates | Unenforceability Templates | CCA Query - Missing Prescribed Terms(SENT).
31/10/13
Letter from LOWELL FINANCIAL received (4/11/13). LOWELL PORTFOLIO wrote recently to let you know they have bought the outstanding balance you had with Capital One. You have not yet cleared the outstanding balance or entered into a repayment plan, so they have asked us to get in touch. What you need to do now It's very important that you do one of the following things asap: 1. Pay us in full 2. Contact us to talk about a convenient way for you to pay. Based on yr current financial circumstances, we will be able to offer a repayment plan that works for you.
1/11/13 BALANCE: £1785.43
Statement of your a/c from LOWELL PORTFOLIO received (6/11/13). This notice is being given to you as required by the CCA1974 because you fell behind with yr payments under this agreement (7/4/2005) with yr original creditor. refer #803
11/11/13
Creditor Refusal to Accept UE Status (dated 8/11/13) sent by recorded.

UPDATE...
26/11/13
Letter from LOWELL PORTFOLIO received. You believe yr Section 77/78 CCA request by CAPITAL ONE was not complete, therefore you believe this debt to be unenforceable. My findings You are in possession of our final response, dated 4/9/13 & in the absence of any new information being received from you there is nothing further that I can add. Should it be the case that further correspondence of a similar nature is received with no further information being provided, we will not respond but will of course note receipt of any correspondence onto yr a/c. To bring this matter to a suitable resolution we ask that you provide us with documentary evidence as to why CAPITAL ONE failed to comply with yr Section 77/78 CCA request. This information will allow us to investigate this matter further. I respectfully disagree that this a/c is unenforceable on the basis that yr request made under section 77 and / or 78 was not answered by CAPITAL ONE within the prescribed time of 12 working days. To further clarify this piece of legislation: An a/c is deemed unenforceable if the 12 working days have elapsed until the time the required documents are issued. As both CAPITAL ONE & LOWELL FINANCIAL have provided these deem the a/c to be enforceable. I refer you to section 78(6)(a)& section 77(4)(a) as appropriate that says that a creditor, such as LOWELL PORTFOLIO cannot enforce the term of any agreement until such time as any requests made under these sections of the CCA for a copy of the a/c agreement has been answered. The documents required to be supplied have been the subject of a lengthy legal test case of Carey v HSBC[2009] where it was held by the High Court that the comply with a section 77/78 request:- 1. The original signed agreement need not be supplied as a reconstituted copy of the agreement is sufficient provided it contains the name & address of the person as it was when the credit agreement was signed; & 2. If the terms & conditions of the credit agreement have been varied following the date it entered into then a copy of the last varied terms should also be supplied. In summary the information that we have sent to you in response to yr section 77/78 request complies with all legal requirements & regulatory guidance. Have placed yr a/c on hold for 30 days to give you the opportunity to set up an affordable payment arrangement based on yr current circumstances. We not hear from you within this time, yr a/c will be returned to our Collections Dept. further action which may include Legal action.

28/11/13
Letter from LOWELL FINANCIAL received. We still haven't agreed a repayment plan for the outstanding balance you have with us. The longer you leave getting in tourch or paying off the balance, the more you risk further action being taken against you including legal action. We may also ask one of our agents to arrange a time to visit you at home to discuss yr a/c & repayment of yr debt if we don't hear from you. So pls phone asap.

Hope everyone is keeping well, following above updates any advice on what I should do next. All help as always is very much appreciated.

[Pixie]

Re: Lovemoney UE Diary

I would send Threat to Commence Litigation to Lowells

[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
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.
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.
2/5/13
Email from LOWELL PORTFOLIO received. We wrote to you recently regarding yr debt that has been sold to LOWELL PORTFOLIO by Capital One. Has asked us to collect the debt on their behalf. Make us an offer! We want to help, willing to listen to any arrangement offer you can realistically afford to help repay the outstanding balance. The repayment can be weekly or monthly, whichever suits you best. When yr balance is cleared, will update the credit reference agencies to reflect this on yr credit file. When you enter into a repayment arrangement with us, it should give you some comfort knowing you are getting yr finances back on track. As long as you make yr agreed repayments on time, you will not receive further phone calls & letters from us or any third party debt collectors appointed by us & we will not take further action against you to recover the debt. Pls call XXXX today to discuss an affordable repayment plan. If you would prefer to pay online you call set up a D/D in the comfort of yr own home without the need to speak to anyone, remenber we will accept yr offer of monthly payment. (don't know how they got my email address from)
1/5/13
Letter from LOWELL PORTFOLIO received (4/5/13). We're here to help you get yr a/c up to date wrote recently to let you know they have bought the outstanding balance you had with CAPITAL ONE. You have not yet cleared the outstanding balance or entered into a repayment plan, so they have asked us to get in touch. We can help you clear this outstanding balance & repaying yr debt may help to improve yr credit rating. What you need to do now It's very important that you do 1. Pay us in full... 2. Contact us to talk about a convenient way for you to pay. Based on yr current financial circumstances, we will be able to offer a repayment plan that works for you. refer #724&#725
13/5/13
Account sold while in dispute (dated 7/5/2013) sent by recorded.
16/5/13
Letter from LOWELL PORTFOLIO. We still haven't agreed a repayment plan for the outstanding balance you have with us. The longer you leave getting in touch or paying off the balancem the more you risk further action being taken against you including legal action. We may also ask one of our agents to arrange a time to visit you at home to discuss yr a/c & repayment of yr debt if we don't hear from you. So pls phone us.
24/5/13
Letter from LOWELL PORTFOLIO received (31/5/13). I confirm that yr complaint has now been to the Customer Relations Dept. who will carry out a thorough investigation. We will investigate this as quickly as we can but we may need to contact you for further information or to provide you with an update. If we can contact you by telephone, we will able to discuss yr concerns directly with you & hopefully agree a resolution with you verbally. This is the quickest & easiest way for us to resolve this for you. I would like to assure you that the a/c will be placed on hold, & we will stop all collections activity whilst dealing with yr complaint.
17/6/13
Letter from LOWELL PORTFOLIO received (19/6/13). Following on from our previous letter in acknowldegement of yr complaint, we are writing again to advise we are still investigating the details of yr concerns. Unfortunately, we have not yet completed the investiagation that will allow us to respond fully. Pls accept our apologies for the delay & thank you for yr patient. Be assured that we will write to you again asap but no later than 8 wks from the date we received yr complaint.
12/7/13
Letter from LOWELL PORTFOLIO received (13/7/13). Writing to update you on the progress of yr complaint investigation. In order to investigate yr complaint fully, it has been necessary to gather & review relevant information about yr case from CAPITAL ONE & this is taking longer than anticipated. Hope to have completed my investigation & be in a positon to provide you with a full response within the next 2wks. As it has now been 8wks since we received yr complaint you do have a right to refer yr case to the Financial Ombudsman, although I trust that this will not be necessary. If you would like to discuss yr case further at this stage, pls feel free to contact a member of my team on XXXXXXXXXXX.
4/9/13
Letter from LOWELL PORTFOLIO received. I Have investigated the matter & this letter sets out the result of those investigations. Summary of yr complaint Believe our pursuit of the outstanding balance to be harassment as yr Section 77/78 CCA request by CAPITAL ONE was not complete, you believe this debt to be unenforceable & should not have been sold to us. My findings I apologise that you feel harassed by our activities in pursuit of this outstanding balance. I can assure you that this is certainly not our intention & that all of our procedures comply with the regulations & codes of practice laid down for the industry within which we operate our business. Believe the a/c to be valid & collectable. Will place the a/c on hold for 30 days for you to review all the information & contact us with yr payment proposals. After this period the a/c will passed to our Collections Dept. & collection activity will resume. Hope that this response concludes the matter to yr satisfaction. If you need to discuss this further pls do contact me or write to me. The FOS provides a dispute resolution service to assist customers who feel their complaint remains unresolved. Naturally, this response hope that you will not feel the need to do so. ~ Received photocopy Original Agreement & Defaulted Agreement (Emailed Niddy).
26/9/13
Niddy confirmed is a recon advised send Our Templates | Unenforceability Templates | CCA Query - Missing Prescribed Terms(SENT).
31/10/13
Letter from LOWELL FINANCIAL received (4/11/13). LOWELL PORTFOLIO wrote recently to let you know they have bought the outstanding balance you had with Capital One. You have not yet cleared the outstanding balance or entered into a repayment plan, so they have asked us to get in touch. What you need to do now It's very important that you do one of the following things asap: 1. Pay us in full 2. Contact us to talk about a convenient way for you to pay. Based on yr current financial circumstances, we will be able to offer a repayment plan that works for you.
1/11/13 BALANCE: £1785.43
Statement of your a/c from LOWELL PORTFOLIO received (6/11/13). This notice is being given to you as required by the CCA1974 because you fell behind with yr payments under this agreement (7/4/2005) with yr original creditor. refer #803
11/11/13
Creditor Refusal to Accept UE Status (dated 8/11/13) sent by recorded.
26/11/13
Letter from LOWELL PORTFOLIO received. You believe yr Section 77/78 CCA request by CAPITAL ONE was not complete, therefore you believe this debt to be unenforceable. My findings You are in possession of our final response, dated 4/9/13 & in the absence of any new information being received from you there is nothing further that I can add. Should it be the case that further correspondence of a similar nature is received with no further information being provided, we will not respond but will of course note receipt of any correspondence onto yr a/c. To bring this matter to a suitable resolution we ask that you provide us with documentary evidence as to why CAPITAL ONE failed to comply with yr Section 77/78 CCA request. This information will allow us to investigate this matter further. I respectfully disagree that this a/c is unenforceable on the basis that yr request made under section 77 and / or 78 was not answered by CAPITAL ONE within the prescribed time of 12 working days. To further clarify this piece of legislation: An a/c is deemed unenforceable if the 12 working days have elapsed until the time the required documents are issued. As both CAPITAL ONE & LOWELL FINANCIAL have provided these deem the a/c to be enforceable. I refer you to section 78(6)(a)& section 77(4)(a) as appropriate that says that a creditor, such as LOWELL PORTFOLIO cannot enforce the term of any agreement until such time as any requests made under these sections of the CCA for a copy of the a/c agreement has been answered. The documents required to be supplied have been the subject of a lengthy legal test case of Carey v HSBC[2009] where it was held by the High Court that the comply with a section 77/78 request:- 1. The original signed agreement need not be supplied as a reconstituted copy of the agreement is sufficient provided it contains the name & address of the person as it was when the credit agreement was signed; & 2. If the terms & conditions of the credit agreement have been varied following the date it entered into then a copy of the last varied terms should also be supplied. In summary the information that we have sent to you in response to yr section 77/78 request complies with all legal requirements & regulatory guidance. Have placed yr a/c on hold for 30 days to give you the opportunity to set up an affordable payment arrangement based on yr current circumstances. We not hear from you within this time, yr a/c will be returned to our Collections Dept. further action which may include Legal action.
28/11/13
Letter from LOWELL FINANCIAL received. We still haven't agreed a repayment plan for the outstanding balance you have with us. The longer you leave getting in touch or paying off the balance, the more you risk further action being taken against you including legal action. We may also ask one of our agents to arrange a time to visit you at home to discuss yr a/c & repayment of yr debt if we don't hear from you. So pls phone asap. *refer #809
13/12/13
Threat to Commence Litigation sent by recorded.

UPDATE...
14/1/14
Letter from LOWELL FINANCIAL received (15/1/14). Further to my letter of 4/9/13 have concluded review of yr complaint. Whilst the information available to us indicates that this debt is due & payable, we will, in the circumstances, take no further action to recover the debt & yr a/c will be closed. Regret any distress or inconvenience that may have been caused & trust this now concludes the matter. In letter dated 4/9/13 gave you yr rights to use the services of the FOS.