mr affable's UE diary

[Deepie]

Re: mr affable's UE diary

Hi

Re: Santander debt - it had all gone quiet on this one but now had a letter from Moorcroft Group saying they are now dealing with the debt and they are checking they have my correct address. Do i just ignore it?

I would if it were me......

[mr affable]

Re: mr affable's UE diary

Hi

Re: Santander debt - it had all gone quiet on this one but now had a letter from Moorcroft Group saying they are now dealing with the debt and they are checking they have my correct address. Do i just ignore it?

[Deepie]

Re: mr affable's UE diary

I would send them a one liner......

Telling them when the CCA request was sent....with proof of postage

[mr affable]

Re: mr affable's UE diary

Hi

I sent letter to Bryan Carter re my Mint debt as advised in previous posts. i have now received reply from Fredricksons basically saying their system does not record any details of a formal dispute having been raised with them or MINT! However they say that i can request a copy of my original agreement by sending £1 to them. I am a bit confused - surely this has taken me all the way back to square one - ie I requested a copy of the original agreement in March last year and MINT never provided it. Do i need to go through the whole process again or should I just ignore them?

[mr affable]

Re: mr affable's UE diary

Thanks everyone - gonna ignore it as you say and see what they send next.

Pixie - yes niddy replied to me by email (sorry for any confusion!)

[vint1954]

Re: mr affable's UE diary

Further to post #176 have now had a reply from Lowells following my missing PTs letter to them re my Capital One a/c.

I have copied this to Niddys email address for him to have a look at. I know he is busy so in the meantime thought I could share the gist of what they are saying with the forum.

Basically they are asking which PTs i believe are missing then they go on to say that under sections 77-79 they are obliged to send a true copy of the credit agreement and any other document referred to within that agreement and a statement of account.

Its not for you to tell them what is missing. It is enough that they are missing.

They say they have done this together with a signed copy of my application. They then say that the procedures and processes of Capital One would not have allowed any credit facility to have been opened or utilised if they had not received a signed application. Furthermore I have evidenced acceptance of the agreement by using the credit facility.

Your not denying that you used the card. That is irrelevant

They say that since April 2007 the court has discretion to decide whether any amount is properly payable taking into account all the circumstances of how the debt accrued and whether the agreement was improperly executed.

That should read for agreements taken out before April 2007

They say that the introduction of the CCA 2006 withdrew S127(3)concerning irredeemably unenforceable credit agreements. As such the courts have discretion as to whether the defect i allege in the credit agreement is such that the agreement does not reflect the true intention of the purposes of the transaction to which it seeks to govern and to which Lowell relies upon for payment of the debt.

Now this is just trying to mislead. This again only relates to post April 2007 agreements.

Sorry to go on - but can anyone advise me?

Thank you

Agree with Niddy, ignore their sorry arses.

[SXGuy]

Re: mr affable's UE diary

Lowells standard template response.

If the agreement is prior april 2007 then CCA 2006 doesnt apply.

As Niddy said, ignore it.

[Pixie]

Re: mr affable's UE diary

Did you suggest that by email or on the forum because I must have missed it if it was in the thread...sorry

[Never-In-Doubt]

Re: mr affable's UE diary

I've suggested ignoring this letter.

[jon1965]

Re: mr affable's UE diary

I know staying out of court is a major plus BUT surely they can not issue a claim on behalf of freds as freds don't own the debt. Also what if you have a defence?



Sometimes surely it is the right thing to do to make a stand

[Pixie]

Re: mr affable's UE diary

I would be sending Final Response - UE (CCA Received) - allaboutDEBT UK if it were me.

[mr affable]

Re: mr affable's UE diary

Further to post #176 have now had a reply from Lowells following my missing PTs letter to them re my Capital One a/c.

I have copied this to Niddys email address for him to have a look at. I know he is busy so in the meantime thought I could share the gist of what they are saying with the forum.

Basically they are asking which PTs i believe are missing then they go on to say that under sections 77-79 they are obliged to send a true copy of the credit agreement and any other document referred to within that agreement and a statement of account.

They say they have done this together with a signed copy of my application. They then say that the procedures and processes of Capital One would not have allowed any credit facility to have been opened or utilised if they had not received a signed application. Furthermore I have evidenced acceptance of the agreement by using the credit facility.

They say that since April 2007 the court has discretion to decide whether any amount is properly payable taking into account all the circumstances of how the debt accrued and whether the agreement was improperly executed.

They say that the introduction of the CCA 2006 withdrew S127(3)concerning irredeemably unenforceable credit agreements. As such the courts have discretion as to whether the defect i allege in the credit agreement is such that the agreement does not reflect the true intention of the purposes of the transaction to which it seeks to govern and to which Lowell relies upon for payment of the debt.

Sorry to go on - but can anyone advise me?

Thank you

[mr affable]

Re: mr affable's UE diary

Thank you - will get the letter off Monday!

[SXGuy]

Re: mr affable's UE diary

They wont get judgement by default, you need to be provided with claim forms and then not act on them long before a default judgment would happen.

But forget that, they wont litigate if you get that letter off, i to have seen them off with mint, freds and then bryan carter.

Next step, passed to new DCA.

[Deepie]

Re: mr affable's UE diary

Just going back to Scab Hunters recent reply re bryan carter - presumably they would have to let me know if they were going to apply for judgement by default?

Bit worried now that i need to get my reply off asap as their letter was dated 10 days ago!

You will be fine...just get the letter off Monday....

I've deleted your last post...... duplicate post