Starting out

[Sosad]

Re: Starting out

Hi
I received a letter from capquest yesterday at the beginning of the letter it states " as you will now be aware your account is being processed for legal action "" it then goes on to state that the account has been selected for a one time solution they are saying if I pay £27 per month they will credit the account with 30% ie : £8 .00 they have asked me to contact them to set up a direct debt ,I have until the 17 th April then they will withdraw the offer.
The end paragraph states I should seriously consider this proposal .

I haven't sent the SAR request away yet would it be feasible to request SAR to capital one then send account in dispute to capquest?
Any suggestions appreciated
Thank you
Sosad xx

[Sosad]

Re: Starting out

Thank you Pixie and Enforcer,
I will get that SAR off as soon as possible, as always your replies and support is very much appreciated
Sosad xx

[Enforcer]

Re: Starting out

Simple answer.
Get Sar done,
Get copy of original application,
Dispute none of the prescribed terms, prospective "future" regulated agreement. Totally unenforceable.

Whatever you do, DO NOT PAY DCA's a penny, nothing! Or they can & will claim "Novation of contract", then you have a problem.

[Pixie]

Re: Starting out

Sos Ad is blagging it - that is why we need to know whether this is a proper letter of claim, or just the usual template which gets sent out whether the paperwork is enforceable or not.

If it is the latter, the course does not need to be altered.

SH

I am aware that Sosad was blagging it but she was considering starting to pay (see below) and I was simply confirming that it's possible to blag for a lot longer.

,it is enforceable do I start making arrangements to pay?

[Sosad]

Re: Starting out

Thanks Scabhunter for all your useful information also explaining what these dca 's will do to frighten people.
I will send off a SAR request as soon as possible
Thank you
Sosad xx

[ScabHunter]

Re: Starting out

Thank you Scabhunter and Enforcer for your replies ,

I sent them missing prescribed terms letter it mentions OFT perhaps they got it mixed up with FOS ,or am I being dim, are they the same?

No, they are not the same. And, no, they didn't get it "mixed up". They deliberately misquoted the Fobbing Off Service for the reasons quoted above - that it allows them to put inappropriate pressure on alleged debtors. They quote procedure which only applies to formal complaints to dialogue which is not part of any formal complaint.

I e -mailed Niddy my CCA, and he said it was enforceable. I have already received lots of paperwork,copies of statements ,copy of application etc. for this account .

Yes, but from what source did this CCA come? Was it a 'true copy' of the original, as required by the law, or just some dodgy Blue Peter job created by the alleged creditor for the sole purpose of deceiving the recipient?

Should I still send a SAR request to Cap 1

Thank you
Sosad xx

I think it is a good idea. I don't see how you can lose anything (except £10), but you could gain information which could be useful to you in the future.

SH

[Sosad]

Re: Starting out

Thank you Scabhunter and Enforcer for your replies ,

I sent them missing prescribed terms letter it mentions OFT perhaps they got it mixed up with FOS ,or am I being dim, are they the same?
I e -mailed Niddy my CCA, and he said it was enforceable. I have already received lots of paperwork,copies of statements ,copy of application etc. for this account .
Should I still send a SAR request to Cap 1

Thank you
Sosad xx

[ScabHunter]

Re: Starting out

Looking back at this, The Capital One account was from 2002. Yep, they may well send you a perfect reconstitution.
Send.
Subject access request to Crap 1. They will send a copy of your application form, nice big felt tip pen initials only on behalf of creditor. Prescribed terms are probably in outer space, because they will not be on your "application" then read it carefully, you will realise that it is a "prospective" regulated agreement.
Game over!
I know, got one from 2002.

Yes, that is an excellent suggestion. I must admit I was wondering how a Crap One agreement could come back as enforceable when Crap One simply didn't do enforceable agreements. A “reconstitution” NOT of the original would explain it.

I would go along with this suggestion, and get the SAR sent off now, because they have 40 days in which to reply. The sooner you get the information, the sooner you could use it to rebuff any threats should Crapquest start to get heavy.

Although the Waksman judgment allowed for reconstitutions, they must still be a 'true copy' of the original. Not something which they put together for their own convenience, which bears no resemblance to the original.

SH

[Enforcer]

Re: Starting out

Looking back at this, The Capital One account was from 2002. Yep, they may well send you a perfect reconstitution.
Send.
Subject access request to Crap 1. They will send a copy of your application form, nice big felt tip pen initials only on behalf of creditor. Prescribed terms are probably in outer space, because they will not be on your "application" then read it carefully, you will realise that it is a "prospective" regulated agreement.
Game over!
I know, got one from 2002.

[ScabHunter]

Re: Starting out

Who mentioned the FOS? You or them?

They will have mentioned it, as these DCAs often do.

As the FOS won't consider issues of enforceability, the DCAs think that by calling their letter a “final response”, they can persuade people to think that they have reached a dead end and that there is no alternative but to give in and start paying.

Of course, “final responses” and the FOS are only applicable to formal complaints, and as no formal complaints have been initiated in this case, the response is entirely inappropriate.

One more reason why it should be ignored.

SH

[Enforcer]

Re: Starting out

Hi
Thank you for your replies the letter doesn't say anything threatening the final paragraph states

" it is our understanding the financial ombudsman service cannot investigate any dispute in relation to the enforceability of credit agreements.We are satisfied the documentation supplied to you is accurate and enforceable ,therefore your account shall remain within our collections department".

What do you think I should do .?
thanks as always
Sosad xx

Who mentioned the FOS? You or them? Of course they are correct, the FOS does not have a remit regarding the enforceability of agreements. But, why have they included this in their letter?

[Sosad]

Re: Starting out

Thank you Scabhunter
I will just ignore and wait for them to send another letter (I'm sure they will !!) I always read the letters then come on here to inquire how I should respond ,your knowledge and support is reassuring and most helpful can't thank everyone enough
Thank you
Sosad xx

[ScabHunter]

Re: Starting out

Hi
Thank you for your replies the letter doesn't say anything threatening the final paragraph states

" it is our understanding the financial ombudsman service cannot investigate any dispute in relation to the enforceability of credit agreements.We are satisfied the documentation supplied to you is accurate and enforceable ,therefore your account shall remain within our collections department".

What do you think I should do .?
thanks as always
Sosad xx

It is just a bog standard template, the same as would be sent to anyone whether their papers were enforceable or not. As there is no threat, other than it "remaining where it is already", I would just ignore this, absorb time, and wait for the next threat. When that came, I would probably just send something like this -

"Dear Sirs,

I am in receipt of your letter dated xxth xxxx 2013 [date of the threat], and note its contents. In response, I refer you to my letter of xxth xxxx 2013 [date of the MPT letter] and inform you that my position remains unchanged.

Yours Faithfully"

That puts it back into stalemate and absorbs more time.

Obviously, you need to read their letter and not just send that response whatever they write, but if what comes next is a standard threat, that is what I would send.

SH

[Sosad]

Re: Starting out

Hi
Thank you for your replies the letter doesn't say anything threatening the final paragraph states

" it is our understanding the financial ombudsman service cannot investigate any dispute in relation to the enforceability of credit agreements.We are satisfied the documentation supplied to you is accurate and enforceable ,therefore your account shall remain within our collections department".

What do you think I should do .?
thanks as always
Sosad xx

[ScabHunter]

Re: Starting out

How much is the debt for SoSad? It is possible to blag them (I've been blagging some for 2-3 years hh)

Sos Ad is blagging it - that is why we need to know whether this is a proper letter of claim, or just the usual template which gets sent out whether the paperwork is enforceable or not.

If it is the latter, the course does not need to be altered.

SH