Squirrelnutkin UE Diary

[Elsie52]

Re: Squirrelnutkin UE Diary

Have not been on here for a while as youngest has been so unwell I have been unable to face dealing with the debt stuff.

Have had a couple more letters from Apex re Barclaycard.

The first, dated 20th Feb, states that

"Our client has now formally requested that we commence proceedings to recover the outstanding debt.

You are now at risk of your account being passed to an external field agent who will arrange a visit to your property. To avoid a home visit at a time that may not be convenient to you, you must call our office without delay. There is an opportunity for you to make payment to avoid an agent attending your premises.

To arrange a more suitable time it is imperative you call one of our agents..."

Then another letter arrived from Apex dated 2nd March:

"We have written to you on numerous occasions and note no contact has been made.

Our previous letter gave you a final opportunity to make payment or your account will be passed to am external doorstep agency who will arrange a visit to your property. Our field agent will now be instructed to arrange a visit at a time that is suitable to them.

Should you wish to arrange payment on your account prior to our agent's visit, it is imperative you call our office without further delay"

I think we have been down this road before...and still no response from Barclaycard themselves regarding CCA request!

I would send this back to them re threat of a doorstep visit

http://forums.all-about-debt.co.uk/s...98&postcount=7

and also the New Account sold whilst in dispute letter.

http://forums.all-about-debt.co.uk/s...2&postcount=27

[Elsie52]

Re: Squirrelnutkin UE Diary

Regarding Mint, is it the first letter you have had from Fredricksons, if so send the the New Account sold whilst in dispute -

http://forums.all-about-debt.co.uk/s...2&postcount=27

or

http://forums.all-about-debt.co.uk/s...9&postcount=23

Sorry to hear that your daughter has been unwell, hope things are getting better for you now.

Cheers

Elsie

[Never-In-Doubt]

Re: Squirrelnutkin UE Diary

Hiya

Ok, regards to the above - you need to do as follows (if i'm not already too late). The other advice is correct, but in the circumstances send the following templates instead - trust me here!

Barclaycard - send this to Apex: ---> Final Response (No CCA) & Refusal of Doorstep Visit

Mint - send this to Fredrickson: ---> Threat by Lender/D.C.A - To commence litigation

[Squirrelnutkin]

Re: Squirrelnutkin UE Diary

Hi Niddy,

I hope you had a wonderful holiday?

No, I am ashamed to say I have been too distracted with my little boys illness and have not done anything as yet regarding Mint (Fredrikson) or Barclaycard (Apex).

I received another letter from Apex regarding Barclaycard dated 23rd March; they say their client is

"aware of the difficult financial circumstances that a number of their customers are currently experiencing.

As a result they have authorised us to consider a discounted settlement figure against the above listed debt.

We may be able to offer a substantial discount...etc.etc"

How kind!

Before I send the template you linked to, can I just check it is the right one I am looking at as I have never actually received anything from either Barclaycard themselves or Apex in respect of a CCA other than an acknowledgement from Barclaycard of the request? (The template seems to refer to documents they have sent).

With regard to Mint I have received a letter from a solicitor-Bryan Carter-dated 28th March.

It reads:

Payments must be made in full within the next fourteen days failing which we will recommend to out client that proceedings be issued without further notice.

Should proceedings be issued, additional charges will be added to the existing balance as shown below:

There is then a table showing the balance plus court fees of £85.00, Solicitors costs of £80.00 and the new balance of £3623.76.

Before the account is referred to us to litigate you still have an opportunity to contact Fredrickson with your payment proposals. In order to avoid further action you should telephone them immediately on 0845 3136624.

This is a serious matter and you may wish to seek independent legal advice."

Do I still send the letter you have suggested to Fredrickson?

Many thanks, as ever!

[Never-In-Doubt]

Re: Squirrelnutkin UE Diary

I received another letter from Apex regarding Barclaycard dated 23rd March; they say their client is

"aware of the difficult financial circumstances that a number of their customers are currently experiencing. As a result they have authorised us to consider a discounted settlement figure against the above listed debt. We may be able to offer a substantial discount...etc.etc"

How kind!

Before I send the template you linked to, can I just check it is the right one I am looking at as I have never actually received anything from either Barclaycard themselves or Apex in respect of a CCA other than an acknowledgement from Barclaycard of the request? (The template seems to refer to documents they have sent).

Yes it is correct, the title alone tells you it is i.e. Final Response No CCA + Refusal of Doorstep Visit......

[Never-In-Doubt]

Re: Squirrelnutkin UE Diary

With regard to Mint I have received a letter from a solicitor-Bryan Carter-dated 28th March.

It reads:

Payments must be made in full within the next fourteen days failing which we will recommend to out client that proceedings be issued without further notice.

Should proceedings be issued, additional charges will be added to the existing balance as shown below:

There is then a table showing the balance plus court fees of £85.00, Solicitors costs of £80.00 and the new balance of £3623.76.

Before the account is referred to us to litigate you still have an opportunity to contact Fredrickson with your payment proposals. In order to avoid further action you should telephone them immediately on 0845 3136624.

This is a serious matter and you may wish to seek independent legal advice."

Do I still send the letter you have suggested to Fredrickson?

Many thanks, as ever!

You're gonna get a CCJ unless you act asap - yes, send what I originally quoted above here: ---> Threat by Lender/D.C.A - To commence litigation

Time to post these - you cannot leave it any longer now.

[Squirrelnutkin]

Re: Squirrelnutkin UE Diary

Hi Niddy.

I sent the letters to Apex (re Barclaycard) and Fredrickson (re Mint) on 4th April, the day of your post advising me to do so.

I have had no response from Apex, but received a letter from Fredrickson dated 7th April (but not received for some days after that date).

It states that

"Our client has informed us that you require copy statements or a acopy of your agreement detailing how your balance has accrued, or any other data protection request then you will need to write to them direct at the following address etc

Please note that you will need to send a covering letter specificically stating what it is you require and enclose a cheque or postal order for £10.00 made payable to RBS.

Our client will process these requests directly."

I have received nothing further from them. I think I got one of these letters before and you told me to ignore it...or do I need to respond in this case?

Many thanks, as always.

[Never-In-Doubt]

Re: Squirrelnutkin UE Diary

Hi Niddy.

I sent the letters to Apex (re Barclaycard) and Fredrickson (re Mint) on 4th April, the day of your post advising me to do so.

I have had no response from Apex, but received a letter from Fredrickson dated 7th April (but not received for some days after that date).

It states that

"Our client has informed us that you require copy statements or a acopy of your agreement detailing how your balance has accrued, or any other data protection request then you will need to write to them direct at the following address etc

Please note that you will need to send a covering letter specificically stating what it is you require and enclose a cheque or postal order for £10.00 made payable to RBS.

Our client will process these requests directly."

I have received nothing further from them. I think I got one of these letters before and you told me to ignore it...or do I need to respond in this case?

Many thanks, as always.

The fee of £10 is for a SAR - idiots! If you send Fredricksons the CCA request and the £1 then they MUST respond or pass it to the OC to deal with. What's happened with this, did you CCA RBS or the DCA?

Yes, ignore for the moment until you clarify. Thanks

[Squirrelnutkin]

Re: Squirrelnutkin UE Diary

Hi Niddy,

My apologies...I'm afraid I have been burying my head in the sand lately as have had so much to contend with in other areas particularly the health of my youngest son. Having said that, everything has gone remarkably quiet...until this week I had heard nothing from any of the creditors!

I then received a letter from Fredrickson re Mint dated 21st June.

It is a "Letter before Action" and reads:

"This debt must be paid in full to these offices within the next 7 days otherwise we will take immediate action.

Should it be necessary to issue proceedings in the County Court further additional costs will be added to the balance outstanding.

There is then a table showing balance plus court fees and solicitor costs.

If a judgement remains unsatisfied a bailiff may be instructed to recover assets to discharge the outstanding debt. Judgement debts are registered by the court. A judgement debt or decree against you would seriously affect your ability to obtain credit in the future."

They also started the phone calls again the day I received this letter. I made the mistake of answering one and was asked to give my details for security purposes, which I declined to do...

I had sent the original CCA to Intrum Jusiticia who were the DCA handling the debt at the time. They passed the request back to Mint. It was only after my CCA request that Fredrickson became involved.

Thanks as always.

[pompeyfaith]

Re: Squirrelnutkin UE Diary

Fredricksons and the famous letter before action that never happens.

They are a balloon full of air and easily defeated

If a judgement remains unsatisfied a bailiff may be instructed to recover assets to discharge the outstanding debt. Judgement debts are registered by the court. A judgement debt or decree against you would seriously affect your ability to obtain credit in the future."

They first have to get a CCJ and even then you have to default on that CCJ and it goes back to court before further action can be taken.

All huff and no puff.

Regards

[Never-In-Doubt]

Re: Squirrelnutkin UE Diary

Hi Niddy,

My apologies...I'm afraid I have been burying my head in the sand lately as have had so much to contend with in other areas particularly the health of my youngest son. Having said that, everything has gone remarkably quiet...until this week I had heard nothing from any of the creditors!

I then received a letter from Fredrickson re Mint dated 21st June.

It is a "Letter before Action" and reads:

"This debt must be paid in full to these offices within the next 7 days otherwise we will take immediate action.

Should it be necessary to issue proceedings in the County Court further additional costs will be added to the balance outstanding.

There is then a table showing balance plus court fees and solicitor costs.

If a judgement remains unsatisfied a bailiff may be instructed to recover assets to discharge the outstanding debt. Judgement debts are registered by the court. A judgement debt or decree against you would seriously affect your ability to obtain credit in the future."

They also started the phone calls again the day I received this letter. I made the mistake of answering one and was asked to give my details for security purposes, which I declined to do...

I had sent the original CCA to Intrum Jusiticia who were the DCA handling the debt at the time. They passed the request back to Mint. It was only after my CCA request that Fredrickson became involved.

Thanks as always.

Have you actually had a response to your CCA Request yet? That is imperative cos if not they are in default and they can swivel....

Please clarify...

If they have sent the CCA please email it to me asap - then we'll sort this for you

[Squirrelnutkin]

Re: Squirrelnutkin UE Diary

Hi Niddy,

I emailed the CCA to you on 29th December I believe...in your post of 5th January you said it was an application form? I sent the letter you suggested in that post and Mint responded by insisting debt is enforceable. It was around this time they passed debt over to Fredricksons.

Do you need me to send anything over again?

Thanks as always!

[Never-In-Doubt]

Re: Squirrelnutkin UE Diary

Ok send this back: Unenforceability Templates - Section 5

[Squirrelnutkin]

Re: Squirrelnutkin UE Diary

Hi Niddy,

Re Mint : I sent the letter you suggested to Fredrickson by 1st class signed for on 29th June...I checked the tracking and it was not actually delivered until 4th July (PO box so possibly not able to get signature before?). I yesterday received a letter form Bryan Carter solicitors dated 1st July as follows:

"Payment must be made in full within the next 14 days failing which we will recommend to our client that proceedings will be issued without further notice.

Should proceedings be issued additional charges will be added etc (with the usual chart showing the court costs etc)

If you dispute liability for this debt please state your reasons in writing and supply us with documents in support of your defence to any claim.

Before the account is referred to us to litigate you still have am opportunity to contact Fredrickson etc

This is a serious matter and you may wish to seek independent legal advice."

Do I send any response to Bryan Carter or leave it as their letter was clearly sent before my own letter to Fredrickson was received?

Fredrickson were still ringing (daily) and leaving messages on answerphone as of yesterday despite having received my letter the day before.

Also re Barclaycard I appear to have a shiny new DCA! Received a letter from Wescot dated 28th June saying they have been "instructed by our client to collect the above outstanding balance on their behalf". The letter informs me that to avoid Wescot taking further action I must either pay the debt in full or to contact them.

Barclaycard have not sent anything in response to my request for a CCA other than acknowledgement of receipt of the request. Debt was previously being dealt with by Apex Credit Management.

Thanks as always!

[Deepie]

Re: Squirrelnutkin UE Diary

Hi
just ignore both for now, mint crossed in post. B C westcot first contact. see what they send next