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  • #31
    Re: inspirational's UE diary

    Ok, they replied! Fairly quick too, both replies are different though?

    First one:

    "I refer to the above account.

    Please be advised the copy of your credit agreement provided is satisfactory under the Credit Consumer Act 1974 regulations.

    Should you have any further queries please contact the office on xxxx xxxxxx

    Yours etc"

    Oh really lol

    Second:

    "I refer to your recent letter.

    I am sorry that you were disappointed with our previous response. I believe that we have attempted to deal with your enquiries in an appropriate manner, but understand that the outcome was not acceptable to you.

    In accordance with the Consumer Credit Act 1974 it is acceptable to supply you with a reconstituted copy as the creditor or owner may not have preserved a copy of the executed agreement. The requirement allows us not to provide an exact copy, a carbon photocopy, or microfiche copy and we can therefore provide a reasonable reconstituted copy.

    Unfortunately we do not hold the original agreement. We have however, previously been able to provide you with a reconstituted copy , in accordance with the Consumer Credit Act Regulation 3(2), which expressly states that a copy need not be an exact copy.

    We are confident that our agreements are wholly enforceable and therefore recommend that you must take whatever action you consider appropriate.

    We are responding to your enquiry in respect of a loan with xxx xxx on behalf of xxx xxx.

    Your complaint relates to the provision of documentation under the CCA 1974. I hope I have addressed the issues you have raised. We will consider your complaint closed if we have not heard further from you within 8 weeks. If you remain dissatisfied with our response you may refer your complaint to the Financial Ombudsman Service (see enclosed) within 6 months of the date of this letter.

    Yours xxx"

    Ooh, how nice!

    Is there a standard template I can use for this?

    Thanks!

    Comment


    • #32
      Re: inspirational's UE diary

      If it was me I Would see what they do next
      I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

      If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

      Comment


      • #33
        Re: inspirational's UE diary

        Moorgate have now sent me a "Notice to Terminate Loan Agreement" letter:

        "As you have not satisfied the terms of the Default Notice we issue recently, we have no alternative but to terminate your Credit Agreement and demand payment of:

        Balance £4117.87


        If you do not pay the amount shown within 5 days of the date opf this letter we will take steps to recover the amount owed by passing the matter to a Debt Collection agency to recover the debt on our behalf.
        "

        What next, nothing?

        I don't remember receiving a Default Notice but have been out of the country for a couple of weeks, is this important?

        Thanks!

        Comment


        • #34
          Re: inspirational's UE diary

          Thanks, do I need do anything?

          Comment


          • #35
            Re: inspirational's UE diary

            Originally posted by inspirational View Post
            Thanks, do I need do anything?
            No...........
            I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

            If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

            Comment


            • #36
              Re: inspirational's UE diary

              file it safely..................

              Comment


              • #37
                Re: inspirational's UE diary

                Originally posted by inspirational View Post
                Moorgate have now sent me a "Notice to Terminate Loan Agreement" letter:

                "As you have not satisfied the terms of the Default Notice we issue recently, we have no alternative but to terminate your Credit Agreement and demand payment of:

                Balance £4117.87


                If you do not pay the amount shown within 5 days of the date opf this letter we will take steps to recover the amount owed by passing the matter to a Debt Collection agency to recover the debt on our behalf.
                "

                What next, nothing?

                I don't remember receiving a Default Notice but have been out of the country for a couple of weeks, is this important?

                Thanks!
                Your DN would likely have been sent 3-6 months after you missed the first contractual payment.

                It will refer to s87 CCA on it.

                It is important to find this for future use.

                Comment


                • #38
                  Re: inspirational's UE diary

                  I've now received a letter from Moorgate advising that they have transferred the account to Arden Credit Management who will contact me to discuss repayment of the outstanding balance.

                  What will happen next, other than being contacted.

                  Comment


                  • #39
                    Re: inspirational's UE diary

                    Arden have written to me asking them to "call this office immediately" which I haven't. They want to discuss me making full repayment and given me their sort code and account number to set up a standing order.

                    Ignore?

                    Comment


                    • #40
                      Re: inspirational's UE diary

                      Arden have written again saying they are concerned that I've not been in contact with them to resolve the matter.

                      To paraphrase they say that unless I come to an arrangement with them further action could be taken including:

                      Sending someone to my address to discuss the matter

                      Going through a solicitor to obtain judgement and seek enforcement action in line with my circumstances, such as charging orders and attachment of earnings.

                      The above could increase my current balance with charges for someone coming to speak to me in person or solicitors charges. CCJ could impact my credit rating etc.

                      This is an extremely urgent matter and one I shouldn't ignore.

                      Please contact this office immediately, yadda yadda.


                      How do I respond to this if at all?

                      Thanks.

                      Comment


                      • #41
                        Re: inspirational's UE diary

                        Originally posted by inspirational View Post
                        Arden have written again saying they are concerned that I've not been in contact with them to resolve the matter.

                        To paraphrase they say that unless I come to an arrangement with them further action could be taken including:

                        Sending someone to my address to discuss the matter

                        Going through a solicitor to obtain judgement and seek enforcement action in line with my circumstances, such as charging orders and attachment of earnings.

                        The above could increase my current balance with charges for someone coming to speak to me in person or solicitors charges. CCJ could impact my credit rating etc.

                        This is an extremely urgent matter and one I shouldn't ignore.

                        Please contact this office immediately, yadda yadda.


                        How do I respond to this if at all?

                        Thanks.
                        It is all just routine cobblers, with as many threatening words as possible interspersed with "could" or "may".

                        Time to send this -

                        Our Templates | Unenforceability Templates | Account Sold whilst in Dispute

                        SH

                        Comment


                        • #42
                          Re: inspirational's UE diary

                          Did you send the Sold in Dispute letter? If you haven't, you could send it Our Templates | Unenforceability Templates | Account Sold whilst in Dispute

                          If you have then I would send Our Templates | Harassment & Intimidation Templates | Harassment & Threat of Doorstep-Visit if it were me.
                          Let your smile change the world but don't let the world change your smile


                          I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

                          If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

                          Comment


                          • #43
                            Re: inspirational's UE diary

                            Originally posted by Pixie View Post
                            Did you send the Sold in Dispute letter? If you haven't, you could send it Our Templates | Unenforceability Templates | Account Sold whilst in Dispute
                            Reading the posts above I'm pretty sure nothing has been sent to Arden ('ard 'un - don't make me bleedin' larf!) yet.

                            OP, can you just confirm this? If nothing has been sent yet, send the A/C sold in dispute as linked to above.

                            There's nothing to worry about, just the usual bog standard list of threats which "could" happen but probably won't.

                            SH

                            Comment


                            • #44
                              Re: inspirational's UE diary

                              Originally posted by ScabHunter View Post
                              Reading the posts above I'm pretty sure nothing has been sent to Arden ('ard 'un - don't make me bleedin' larf!) yet.
                              I didn't think it had but I just wanted to give both options just in case OP had forgotten to update the thread. It does happen...I've even done it myself
                              Let your smile change the world but don't let the world change your smile


                              I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

                              If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

                              Comment


                              • #45
                                Re: inspirational's UE diary

                                I did send the Sold in Dispute letter that they ignored saying they were satisfied the account wasn't in dispute as they'd send me the reconstituted copy of the agreement.

                                The latest letter is from Arden, will send the Our Templates | Harassment & Intimidation Templates | Harassment & Threat of Doorstep-Visit letter thanks.

                                Comment

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