Starting out

[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

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

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

[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?

[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.

[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

[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

[ScabHunter]

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

The first point to make is that the threat of legal action is utter cobblers. If they had any intention of taking this anywhere near a court, they wouldn't be making any silly offers.

I'll have a brief look through and see what is happening. Just one thing to consider, Sos Ad, could you please make it easier for us by keeping the diary up to date with everything you've sent and received?

If you set it out like this example, it will be so much easier for us to keep up to date with what is happening -

5th February – Sent CCA request to Shark and Shyster bank
9th February – Received demand for £10,000,000 or a kidney to donate to medical science
11th February – Sent CCA reminder letter
16th February – Received letter threatening to repossess our daughter's doll's house
19th February – Sent CCA final demand
21st February – Received forged notice of assignment from Blood, Sucker and Leeches Debt Terrorists
23rd February – Sent the whole of the Alternative Template Library in separate envelopes with no stamps on

See how easy that is to follow, even for people who haven't seen the thread before? If you could do that, it would help us a lot.

SH

[Pixie]

Re: Starting out

I was in the middle of replying when I had a visitor.

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"

In my opinion, that sentence is just meant to scare you into paying. Like SH says, if they were going to take legal action, they wouldn't be making offers.

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

I don't see why not.

[ScabHunter]

Re: Starting out

Is this the one which Niddy said was enforceable, and Enforcer suggested sending the SAR? If it is, then the SAR should have been sent already. There is no point delaying, because they have 40 days in which to reply, and if they are obstructive it could take even longer than that. If you haven't sent it already, get it sent.

What has been sent to Crapquest so far? If you haven't sent anything, then, yes, the A/C Sold Whilst in Dispute will be the correct reply. Don't send it for another week, though, because you may as well take advantage of Crapquest's silly “deadline”.

SH

[Enforcer]

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

Please read what I said earlier! If you pay them even a penny, you have agreed to a Novation of contract. You will have contracted with a debt collector, you will have agreed that you owe THEM money.
Please don't do this. Follow the advice that you are being given.

[Sosad]

Re: Starting out

Hi and thank you for your replies !
I have updated my diary I can't do it in colours Scabhunter it's only an I pad but I will keep it up to date .
I didn't have money to send SAR request away I will send it tomorrow though and then send acc sold in dispute letter to capquest in about a week .

I got visitors as well Pixie that is why it has taken me so long in replying .

Enforcer, I noted from your previous post that I shouldn't pay them a penny as that would be acknowledging the debt, I will follow the advice given .

I really appreciate the sound advice given and do try to follow it to the letter
Thank you all for taking the time to reply to me
Sosad xx

[IF]

Re: Starting out

I have updated my diary I can't do it in colours Scabhunter it's only an I pad but I will keep it up to date .

Hiya Sosad, please have a look here and I hope it helps

-- > How to use/change the Colour - allaboutFORUMS

[ScabHunter]

Re: Starting out

Hi and thank you for your replies !
I have updated my diary I can't do it in colours Scabhunter it's only an I pad but I will keep it up to date

Don't worry about colours, that doesn't matter. Although I'd be very surprised if an iPad couldn't do colours.

An alternative which makes it easy to see is to use S for sent and R for received -

S - 5th February – Sent CCA request to Shark and Shyster bank
R - 9th February – Received demand for £10,000,000 or a kidney to donate to medical science
S - 11th February – Sent CCA reminder letter
R - 16th February – Received letter threatening to repossess our daughter's doll's house
S - 19th February – Sent CCA final demand
R - 21st February – Received forged notice of assignment from Blood, Sucker and Leeches Debt Terrorists
S - 23rd February – Sent the whole of the Alternative Template Library in separate envelopes with no stamps on

I didn't have money to send SAR request away I will send it tomorrow though and then send acc sold in dispute letter to capquest in about a week

I should have known better, shouldn't I? I post on debt sites for five years and still don't realise that finding £10 is not always easy or automatic. We tend to assume that home owners are always flush - big mistake.

If money is tight, I wouldn't worry about the SAR for now. It is not likely that there will be any immediate threat of court, so just send it whenever you feel comfortable doing so.

It is more important to get that SWID letter to Crapquest as they are active pursuers. I know we recommend Recorded Delivery, but honestly a certificate of posting will suffice for this type of letter as proof that it was sent. If money is tight, don't throw it away for no reason.

SH

[Sosad]

Re: Starting out

Thank you for your replies

IF ,I will need to look into exactly what my I pad can and cannot do ,thanks for putting up those guides .

Scabhunter ,I will get that SAR request sent away tomorrow ,or should I send the sold in dispute letter first?
:
I wish I was flush then I wouldn't be in this predicament now but heh ho on the plus side I wouldn't have "met"all you lovely people.

Thank you
Sosad xx