Squirrelnutkin UE Diary

[Squirrelnutkin]

Re: Squirrelnutkin UE Diary

Thanks IF-Niddy has sorted it for me now

[Squirrelnutkin]

Re: Squirrelnutkin UE Diary

Capital One

Have received a response from Capquest to SWID and telephone harassment letters.

As I suspected there was never any letter from Capital One dated 11.11 2013. They were obviously referring to one sent out way back on 11th November 2010!

They have sent the same bundle of documents that were sent to me back then and which Niddy deemed unenforceable. There is a copy of the application form, plus unlinked T&Cs which they deem to constitute the "Original Agreement" plus another set of T&Cs (with no name on it) which they call the "Current Agreement". As you can see above in the "Capital One" summary post I sent letters disputing that this was enforceable at the time.

They claim that their contact does not constitute harassment (daily phone calls as late as 9pm, leaving messages for me to contact them with people they failed to identify?)

They state that this is their final response to my complaint.

How do I need to respond to this? Many thanks

[Pixie]

Re: Squirrelnutkin UE Diary

Bog standard reply. I would just ignore and see what they send next.

[ken100464]

Re: Squirrelnutkin UE Diary

Am sure if you started ringing the CEO everyday up till 9pm at night at his home and failed to leave your name then the fuzz would be around to pay you a call.

No different to the way they are acting.

Would have thought with all the spotlights with the way this industry has been working they would want to keep their noses clean while the fuss blows over.

[nanna58]

Re: Squirrelnutkin UE Diary

Have you thought about giving them the tele number from here ?

[Squirrelnutkin]

Re: Squirrelnutkin UE Diary

Many thanks for replies...I will just sit tight and see what they do next then.

Sorry Nana58, not sure what you mean about giving them the phone number from here?

[nanna58]

Re: Squirrelnutkin UE Diary

So sorry I missed this go to user guides .. change your phone number ..for future reference is everything OK ?

[IF]

Re: Squirrelnutkin UE Diary

This is the link --- > Change your Phone Number

[Squirrelnutkin]

Re: Squirrelnutkin UE Diary

Hello!

I had been lulled into a sense of security as all my creditors seemed to have gone to sleep! A couple have now reared their ugly heads again.

The first relates to my debt to Capital One which was being dealt with my Capquest. It was deemed UE by Niddy (see Capital One summary at start of diary) and eventually I just stopped getting letters from them. Then out of the blue I received one from Shoosmiths Solicitors saying they are acting on behalf of their clients Capquest. The first letter dated 4th November was asking me to contact them to arrange payment and they "may be able to accept less etc etc". I ignored it.

Then on Saturday I received on from Shoosmiths dated 18th November. They say "It is our intention to reach agreement with you in order to avoid the necessity of court action" They go on to say "If we cannot agree during the next 14 days how you will repay the amount outstanding to Capquest we will issue Court Proceedings against you for the full sum outstanding together with legal costs. We will not contact you again to warn you that the proceedings will be issued Any judgement issued by the Court against you will be registered at Credit Reference Agencies."

How do I respond please? They want me to ring them but I know it is not advisable to do so. I understand things have also changed regarding the issue of unenforcibility now too?

The other creditor is Barclays Masterloan. I have actually been paying a token amount of £10 towards this all along because Niddy deemed it enforceable. I had been making monthly payments to Debt Managers, but then received a letter saying they were no longer going to be handling the account so stopped paying a few months ago. I received a letter from Barclays dated 27th October saying the account has now been passed to Arvato Financial Solutions to manage on their behalf. Arvato wrote to me by letter dated13th November asking me to get in touch to arrange payments either a reduced rate of 40% of the balance (impossible for me) or to arrange instalments. I suppose I should just write and tell them what I can afford to pay?

Must admit it is horrible to start getting these letters again!

[nightwatch]

Re: Squirrelnutkin UE Diary

You need to send a LBA (letter befor action ) asp to Shoosmith, there should be a template, if you can't find it give us a shout.
as for Barclays if it is a while since you sent a CCA request, do one now to Arvato, see what you get back xx

[The Tech Clerk]

Re: Squirrelnutkin UE Diary

send LBA2016 to Shoosmiths Recorded Delivery

Shoosmiths have sent out a lot of Capquest owned alledged debt in the past few weeks,

[Squirrelnutkin]

Re: Squirrelnutkin UE Diary

Thank you very much The Tech Clerk! Where do I find that letter-have not been on the site for a while and it has changed!

[Squirrelnutkin]

Re: Squirrelnutkin UE Diary

Thank you Nightwatch, Just trying to find the Templates now!

[The Tech Clerk]

Re: Squirrelnutkin UE Diary

Templates are top of page in green tap in then find the one you need

[Squirrelnutkin]

Re: Squirrelnutkin UE Diary

Thank you-got it. So just to be 100% clear it is the one which reads:

"I confirm that at present I intend to defend any claim that may be issued in this matter.

I therefore request in accordance with the Pre –Action Protocol Practice Direction 1 6(c) that you provide me with disclosure of the following key documents central to any claim your client may intend making etc"?

(Sorry to be a nuisance but this account is now worrying me!)