Squirrelnutkin UE Diary

[Oct Revolution]

Re: Squirrelnutkin UE Diary

Hi Squirrelnutkin

sorry didn't realise they had passed to DCA . It just goes to prove what NID says that all diaries are different and that creditors don't always take the same route. My CCA requests to Barclaycard are a month older than yours and as I said I have not heard anything yet - I wonder if thats what will happen to me next .

I have 3 acc's with MBNA and are similar to Barclaycard - I've heard nothing since October when I sent CCA request, not even an acknowledgment.

Probably tempting fate now with them all .

[Squirrelnutkin]

Re: Squirrelnutkin UE Diary

Hi October!

They have passed mine to a DCA called Apex, who threatened doorstep visit-that's why I was getting twitchy I think. It's great to hear from others in same boat-thank you.

I see you have one with MBNA like me too!

[Oct Revolution]

Re: Squirrelnutkin UE Diary

Hi Squirrelnutkin,

I have two outstanding CCA requests with Barclaycard from beggining of October last year and all I have received is a letter acknowledging my request for CCA and nothing more since.

As it stands the acc's are UE until they provide CCA - so at the mo I'm sitting back and waiting to see what happens next.

I too asked about the CCA reminder but NID said leave it don't do their jobs for them.

So I'll sit and wait

[Squirrelnutkin]

Re: Squirrelnutkin UE Diary

Hi Niddy,

I think worried is my default mode at the moment!

I know you know what you are doing-it's myself I don't trust, believe me!

I had been reading other people's diaries and noticed they had sent CCA reminders when they had not received one. I was worried in case I should have sent one of those to Barclaycard.

Thanks once again.

[Never-In-Doubt]

Re: Squirrelnutkin UE Diary

Niddy,

Just to clarify re the Barclaycard account, I sent the CCA request on 9th November, received acknowledgement from them on 17th November but then have heard nothing from them since. I have NOT written to them to chase it up, and they have now passed account to Apex.

I am just concerned in case they have sent a CCA out and it has gone astray in the post or something-should I not point out to them that I have received nothing?
I have not sent anything to either Barclaycard or Apex other than the letter you suggested on 21st Jan (Harrassment and Threat of Doorstep Visit letter).

It just feels as if I should let them know that I have NOT received the CCA...in case they HAVE sent it out; or point out to them that they have not fulfilled their obligation if they haven't!

Also, re the MBNA account (managed by Link) did you get a chance to look at the CCA I emailed over on 18th Jan? I forgot to ask about that one the other day!

Thanks as ever...

Do you send your letters recorded delivery? YES! Why? because if they put you to strict proof (in court) you'll have it - will they? Stop worrying, it is not for you to prove anything, they have not replied and you know what that means - it is unenforceable and stays like that til they do respond.

Think along the lines, we don't do their jobs for them - we help them mess up cos them doing so, helps us if they try and take action. Remember that yea?

Stop worrying, I do know what i'm doing believe it or not!

[Squirrelnutkin]

Re: Squirrelnutkin UE Diary

Niddy,

Just to clarify re the Barclaycard account, I sent the CCA request on 9th November, received acknowledgement from them on 17th November but then have heard nothing from them since. I have NOT written to them to chase it up, and they have now passed account to Apex.

I am just concerned in case they have sent a CCA out and it has gone astray in the post or something-should I not point out to them that I have received nothing?
I have not sent anything to either Barclaycard or Apex other than the letter you suggested on 21st Jan (Harrassment and Threat of Doorstep Visit letter).

It just feels as if I should let them know that I have NOT received the CCA...in case they HAVE sent it out; or point out to them that they have not fulfilled their obligation if they haven't!

Also, re the MBNA account (managed by Link) did you get a chance to look at the CCA I emailed over on 18th Jan? I forgot to ask about that one the other day!

Thanks as ever...

[Never-In-Doubt]

Re: Squirrelnutkin UE Diary

Re Mint
Yes they sent a "CCA" which I emailed to you on 29th December...you said in your post of 5th Jan that it was an application form and I wrote to them as you suggested...they responded with the letter which I emailed to you on 18th Jan... and by passing account to Frederickson.

Okies - thanks for clearing this up.... As previously advised, send this: ---> Threat-o-Gram - Letter before Action

Re Barclaycard
Do I need to write to Apex to actually inform them that I am in dispute with Barclaycard since the latter has not responded to my CCA request? (I have not spoken to or written to Apex about this at all other than the letter sent today warning them against home visit).

Nope! They'll find out soon enough - as you already sent a letter then hold fire til they respond to you about that then we'll address Apex, yea?

[Squirrelnutkin]

Re: Squirrelnutkin UE Diary

Hi Niddy,

Thank you for reply!

All suggested letters sent off this afternoon.

Re Mint

Yes they sent a "CCA" which I emailed to you on 29th December...you said in your post of 5th Jan that it was an application form and I wrote to them as you suggested...they responded with the letter which I emailed to you on 18th Jan... and by passing account to Fredrickson.

Re Barclaycard

Do I need to write to Apex to actually inform them that I am in dispute with Barclaycard since the latter has not responded to my CCA request? (I have not spoken to or written to Apex about this at all other than the letter sent today warning them against home visit).

[Never-In-Doubt]

Re: Squirrelnutkin UE Diary

Niddy,

Further to my post above, I have decided to type out contents of letter form Frederickson regarding the Mint account as can't sent it at the moment-here it is:

"DO NOT IGNORE-IMMEDIATE ACTION REQUIRED

We are instructed by MINT to collect the above debt which is now seriously overdue.

You have failed to pay the balance of £3,458.76 which remains outstanding despite previous repeated requests for payment. Our client now requires payment in full to avoid further action.

YOU MUST CONTACT US IMMEDIATELY ON 0845 3136625 to discuss the matter further.

Payment should be made to FREDERICKSON INTERNATIONAL LTD etc

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

Yours etc"

Serious eh?

Have they sent a CCA before, what did I say about it? In any case, you should be sending this back asap to stop them in their tracks: ---> Threat-o-Gram - Letter before Action

[Never-In-Doubt]

Re: Squirrelnutkin UE Diary

Barclaycard Another letter received from Apex Credit Manangement today this time threatening home visit. Do I still ignore? This is account where Barclays have acknowledged my CCA request but then sent nothing...

Regards to Apex, send this: ---> Harassment & Threat of Doorstep-Visit Template

Masterloan I am sorry, I must have misunderstood what you meant-you said in your previous post about this that I should either negotiate with Debt Managers (as debt is enforceable) or blag it, it was up to me what I did with it? So I wrote to them and offered very small token payments, which they have now accepted.

Okies - thanks for explaining.....

Capital One I will send the letter to Capquest today. <I was just preparing the letter and realised template says that the lender "failed to acknowledge my CCA request". Capital One did actually send "reconsitituted" CCA which you have deemed UE...is there a different letter for this circumstance?

Yep, they are threatening court - also an UE agreement means they have not complied with your s.78 request, to comply means they send a compliant agreement! Send this: ---> Threat by Lender/D.C.A - To commence litigation

[Squirrelnutkin]

Re: Squirrelnutkin UE Diary

Niddy,

Further to my post above, I have decided to type out contents of letter form Frederickson regarding the Mint account as can't sent it at the moment-here it is:

"DO NOT IGNORE-IMMEDIATE ACTION REQUIRED

We are instructed by MINT to collect the above debt which is now seriously overdue.

You have failed to pay the balance of £3,458.76 which remains outstanding despite previous repeated requests for payment. Our client now requires payment in full to avoid further action.

YOU MUST CONTACT US IMMEDIATELY ON 0845 3136625 to discuss the matter further.

Payment should be made to FREDERICKSON INTERNATIONAL LTD etc

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

Yours etc"

[Squirrelnutkin]

Re: Squirrelnutkin UE Diary

Hi Niddy,

So sorry-I somehow missed that you had replied despite checking forum regularly, goodness knows how.

You asked why I was panicking? It was because of the volume of calls/letters I was getting I'm afraid. I have a lot else to cope with and sometimes it gets a bit much but I will try not to let it get to me in future.

I am sorry about the zip files-do you want me to send any of the stuff again or did you work it all out? (I am afraid I am not good on PC and got one of my sons to prepare the documents for me and just sent over what they had sent to me). I will also send stuff in separate emails-my mistake.

RBS Mint I will send you a copy of the Fredrickson letter. [revision-see post below] I don't think debt has been sold to them but passed to them to manage (as they talk about their "clients") so I guess a different letter required? Or does it count as same whether sold or passed for management?

Barclaycard Another letter received from Apex Credit Manangement today this time threatening home visit. Do I still ignore? This is account where Barclays have acknowledged my CCA request but then sent nothing...

Masterloan I am sorry, I must have misunderstood what you meant-you said in your previous post about this that I should either negotiate with Debt Managers (as debt is enforceable) or blag it, it was up to me what I did with it? So I wrote to them and offered very small token payments, which they have now accepted.

Capital One I will send the letter to Capquest today. <I was just preparing the letter and realised template says that the lender "failed to acknowledge my CCA request". Capital One did actually send "reconsitituted" CCA which you have deemed UE...is there a different letter for this circumstance?

Thanks Niddy.

[Never-In-Doubt]

Re: Squirrelnutkin UE Diary

Hi all! I am beginning to panic a bit here...

Why?

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.

You never sent me this letter, not much I can do when you omit sending it me.... ?

RBS Mint
Letter dated 12th January from Frederickson 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.

Again, no letter attached so guess-work i'm afraid - respond with this: ---> NEW Account sold - whilst in Default of CCA Request

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.

Ignore - they confirm in this letter that they sent you a "copy" - that to me suggests they know they don't have the original....

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.

Send this to CrapQuest: ---> Threat by Lender/D.C.A - To commence litigation

I feel overwhelmed by it all today to be honest.

Why? If I thought anything you sent was urgent i'd have replied. As I always say, on my part, no news is definitely good news. If I don't reply its because it's not that important, notice for the last week even though i've done the site changes, i've still updated legal threads etc? That's because in my opinion those were important.

Stop worrying please, and also send me one email - one account. I am lost when you send zips within zips - I need one email with Bank A- then another with Bank B etc etc...

Thanks

[Never-In-Doubt]

Re: Squirrelnutkin UE Diary

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..

Just ignore.

[Never-In-Doubt]

Re: Squirrelnutkin UE Diary

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...

I so wish you never done that - its not a pre-agreed template on here is it, that you sent? Nope