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  • Never-In-Doubt
    replied
    Re: Squirrelnutkin UE Diary

    Originally posted by Squirrelnutkin View Post
    Capital One: They have written a response to my letter of 30th November; they are still insisting account is enforceable and have made lots of references to the various legal precedents. Can I send you a copy as I am not sure how to respond? :-/
    Ignore it. Its their final response, you've already issued yours lol. They do not quote precedent, as such, its the same two cases that changed things ie McGuffick & Carey - I mention them throughout each template lol - did you miss this?

    Stop worrying, ignore this letter from Crappy1.

    Leave a comment:


  • Squirrelnutkin
    replied
    Re: Squirrelnutkin UE Diary

    Hi all!

    I am beginning to panic a bit here...

    Further to my post of 11th Jan above, I have today received the following:

    Masterloan

    Letter from Debt Managers "Notice of Proceedings-Pursuant to the County Court Act 1984" dated 11th January. They have not acknowledged receipt of my letter of 7th January in which I explained I was unable to pay the debt in full and could only make token payments.

    RBS Mint

    Letter dated 12th January from Fredrickson International Limited-they have been leaving messages on answerphone but this is first letter I have received from this DCA. They are demanding payment in full of the outstanding debt.

    Also in relation to this debt, a letter dated 13th January from Mint themselves in response to my letter of 7th January. They insist that they have supplied everything necessary and that debt is enforceable.

    Capital One

    Letter from Capquest dated 13th January. They offer me the opportunity to make a final payment of £1977.84 (haha) and then go on to issue threats of seeking an Order of Court and sending in the Bailiffs to seize goods.

    I feel overwhelmed by it all today to be honest.
    Last edited by Squirrelnutkin; 24 January 2011, 11:54.

    Leave a comment:


  • Squirrelnutkin
    replied
    Re: Squirrelnutkin UE Diary

    This is copy of post I made on old forum on 11th January:

    Hi Niddy,

    I know you are very busy at the moment but when you have time...

    Masterloan: Debt Managers have sent me a "Notice of Legal Action" dated 29th December. I received it on 7th January.

    They state that "Your failure to respond to previous letters has resulted in your account being passed to this department for Court Action and our solicitors may prepare the Court Papers within seven days"

    I did not even receive the letter within 7 days! I have written back to them (on 7th January, day I received letter) pointing out that the only previous correspondence I have received from them was an "Urgent Final demand" dated 17th December, this being at a time when I was still in discussion with Barclays themselves. This is demonstrated by the fact that I received a letter from Barclays dated 22nd December regarding the status of the account, in which they did not even mention they had passed it to this DCA. I told them I am unable to increase the amount of the payments I have been paying to Barclays.
    On 8th January I received a letter from Debt Managers offering a "Settlement Opportunity"...this was dated 5th Jan, so obviously had been sent before they got my letter.
    I will just wait and see what their response is to my letter I suppose...

    Barclaycard: Barclaycard acknowledged receipt of my CCA request by letter dated 15th November. Since then I have heard nothing from them, but I have now received a letter from "Apex Credit Management Ltd" dated 6th January saying they have been asked to contact me to arrange payment of the full outstanding balance. "Our clients have advised that previous attempts to contact you have been unsuccessful and this is potentially your last opportunity to arrange payment before further action will be considered".
    Barclays have always managed the account themselves and I have heard from no-one else about the account! Plus they have seemingly made no attempt to send a CCA! I would appreciate advice as to who I should write to and what I should send...

    Capital One: They have written a response to my letter of 30th November; they are still insisting account is enforceable and have made lots of references to the various legal precedents. Can I send you a copy as I am not sure how to respond? :-/
    Last edited by Squirrelnutkin; 17 January 2011, 15:48.

    Leave a comment:


  • Never-In-Doubt
    replied
    Re: Squirrelnutkin UE Diary

    Originally posted by Squirrelnutkin
    Hi Niddy,

    Many thanks for your reply as always!

    Barclays have apparently passed the Masterloan Debt to "Debt Managers Ltd" who are now phoning/writing to me about it (have not answered phone or replied to them yet though). Are they supposed to have informed me as to who they pass the debt to? Do I just start dealing with Debt Managers now in terms of trying to arrange payments?
    Yep, you should just negotiate with debt managers or blag it of course...? Up to you how and what you do with this..

    Originally posted by Squirrelnutkin
    I will get the letter you suggest off to the other two creditors.
    goody

    Originally posted by Squirrelnutkin
    Nothing heard from the remaining creditors...it is now about two months since I requested CCAs. Do I just wait or send anything to them?
    Just wait, they are UE until such time they do respond.

    Leave a comment:


  • Squirrelnutkin
    replied
    Re: Squirrelnutkin UE Diary

    Hi Niddy,

    Many thanks for your reply as always!

    Barclays have apparently passed the Masterloan Debt to "Debt Managers Ltd" who are now phoning/writing to me about it (have not answered phone or replied to them yet though).

    Are they supposed to have informed me as to who they pass the debt to? Do I just start dealing with Debt Managers now in terms of trying to arrange payments?

    I will get the letter you suggest off to the other two creditors.

    Nothing heard from the remaining creditors...it is now about two months since I requested CCAs. Do I just wait or send anything to them?

    Leave a comment:


  • Never-In-Doubt
    replied
    Re: Squirrelnutkin UE Diary

    Originally posted by Squirrelnutkin
    I have emailed you copies of CCAs received from Link in respect of the MBNA account
    This is just terms? WTF? Ermmm, i'd be responding with the following: ---> viewtopic.php?p=1623#p1623

    Originally posted by Squirrelnutkin
    and from Mint (now managed by Intrum Jusititia).
    This is still an application form, so i'd respond to Mint with the following: ---> viewtopic.php?p=1629#p1629

    Originally posted by Squirrelnutkin
    Barclays have written to me in response to my letter regarding the Masterloan debt (disputing the document they sent as being a "true copy" as suggested in your post of 28th Nov). The CCA is enforceable so what should I do next?
    Up to you really, you can either hang on and see what they do or you can back down and agree to repayments, however worse case they may go for a CCJ - it won't make that much of a difference, as a CCJ isn't really any worse than a default other than it could be better in some cases because at least you get a clear structure of repayment via the courts - especially helpful if the lender/dca is ripping you off and expecting you to pay a silly amount back, however it really is up to you what you do next.

    For the moment, i'd just ignore them.....

    Originally posted by Squirrelnutkin
    I also received on-24th December-a card from a company called "Calder Financial" saying that they had "tried to contact me without any success". The card said they would be "calling on 27.12.2010. between 8am and 7pm." I have NO idea who they are or which debt they are contacting me about!
    Was this a threat to call in person? No-one turned up...it was a Bank Holiday! I was not bothered anyway...our dog does not like strangers
    Hmmm, wait and see what happens with this - if you get any more of these, you send back this: ---> viewtopic.php?p=182#p182

    Leave a comment:


  • Squirrelnutkin
    replied
    Re: Squirrelnutkin UE Diary

    Hi Niddy ya

    I have emailed you copies of CCAs received from Link in respect of the MBNA account and from Mint (now managed by Intrum Jusititia).

    Barclays have written to me in response to my letter regarding the Masterloan debt (disputing the document they sent as being a "true copy" as suggested in your post of 28th Nov).

    They state that they have noted my comments but "would refer you to the definition of 'copy' within section 189 etc etc"

    "Since we have now explained to you how our reply complied with CCA there is no longer any legitimate dispute and our normal collections processes will now continue."

    Before I even received this letter I began getting phone calls from "Debt Managers Ltd". They were calling from an "unavailable" number and demanded I provide answers to security questions before they would tell me what they were phoning about. I refused and hung up as I had never heard of them. I then received a "Final Demand" from them in respect of the Masterloan debt. I had not been informed by Barclays that the Masterloan debt was being passed to them. The CCA is enforceable so what should I do next?

    I also received on-24th December-a card from a company called "Calder Financial" saying that they had "tried to contact me without any success".
    The card said they would be "calling on 27.12.2010. between 8am and 7pm." I have NO idea who they are or which debt they are contacting me about!
    Was this a threat to call in person? No-one turned up...it was a Bank Holiday! I was not bothered anyway...our dog does not like strangers

    Leave a comment:


  • Never-In-Doubt
    replied
    Re: Squirrelnutkin UE Diary

    Hiya

    Just sit tight and await a reply...... as for the loan, sorry!

    Leave a comment:


  • Squirrelnutkin
    replied
    Re: Squirrelnutkin UE Diary

    Re: Masterloan

    Niddy wrote:
    This is unfortunately enforceable, the agreement (page 1) shows the correct prescribed terms and is signed. However no harm in blagging it; so just send this off: ---> viewtopic.php?p=1503#p1503
    Letter sent to Barclays as suggested.

    Still nothing from any of the other creditors in respect of CCA requests.

    Leave a comment:


  • Squirrelnutkin
    replied
    Re: Squirrelnutkin UE Diary

    Hi Niddy,

    Damn...I was especially hoping the Masterloan one was unenforceable as it is my biggest by far :cry

    Never mind, I will send the letter you suggest...

    By the way, Capquest have thrown the Capital One debt back at them and are no longer dealing.

    I have not had CCAs from any of the others as yet...the 12 + 2 days have passed for all of them.

    Leave a comment:


  • Never-In-Doubt
    replied
    Re: Squirrelnutkin UE Diary

    Originally posted by Squirrelnutkin
    Hi Niddy

    Have received CCA from Barclays in respect of the Masterloan. I have emailed a copy over to you and would appreciate your advice as always!

    Many thanks.
    Hiya

    This is unfortunately enforceable, the agreement (page 1) shows the correct prescribed terms and is signed. However no harm in blagging it; so just send this off: ---> viewtopic.php?p=1503#p1503

    * It does contain the PT's but there are no accompanying terms - not enough to get it made UE but hey, we're just blagging things for the moment. Remember that!

    Or pay it, it's really up to you. However what we suggest is you wait til all the UE ones are sorted then consider a repayment plan appropriate for all the enforceable debts...... Its up to you to be fair.

    Sorry.

    Leave a comment:


  • Squirrelnutkin
    replied
    Re: Squirrelnutkin UE Diary

    Hi Niddy

    Have received CCA from Barclays in respect of the Masterloan. I have emailed a copy over to you and would appreciate your advice as always!

    Many thanks.

    Leave a comment:


  • Never-In-Doubt
    replied
    Re: Squirrelnutkin UE Diary

    Originally posted by Squirrelnutkin
    I will indeed-they have been ringing even as I type these posts ;F-
    Arseholes never learn, sometimes it is best to change numbers..... however depends how much it bothers you

    Leave a comment:


  • Squirrelnutkin
    replied
    Re: Squirrelnutkin UE Diary

    I will indeed-they have been ringing even as I type these posts ;F-

    Leave a comment:


  • Never-In-Doubt
    replied
    Re: Squirrelnutkin UE Diary

    Hiya

    Ooops sorry missed that! Yea, send a copy to crappy1 and say - this is a copy of what I recently sent to crapquest.

    However still send the telephone harassment letter to CrapQuest yea?

    Leave a comment:

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