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Re: What's the worst thing that can happen! UE diary
Not at all, though I presumed that with their approach they do not have any CCA at all?
Not at all, though I presumed that with their approach they do not have any CCA at all?
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Re: What's the worst thing that can happen! UE diary
Account one
Capital One
Type: Credit card
Start: 2002
Balance: £2700
Last 'full' payment: April 2012
Arrangement: £20.00 per month from July 2011
Status: Will default in May
Account owner: CapQuest Debt Recovery
Key: Sent Received Updates
2012
April
23.04 CCA request template downloaded, letter wrote and copy letter placed in a Capital One binder.
24.04 CCA request sent to Capital One, by Royal Mail recorded delivery and with an unsigned postal order for £1.00.
May
02.05 Letter received stating 'the signature on your letter does not match what we have on our records' (no s*** Sherlock, as it was a typeface!!) and they require a 'copy of a document showing my current signature, drivers licence or passport.' They have kept the £1.00 postal order...
02.05 CCA Request - Demand of Signature by Creditor letter sent.
19.05 Second letter of refusal to supply CCA due to lack of signature, as I have signed the letter electronically. This time they state 'under the Data Protection Act 1998 we are unable to investigate your account unless we receive a true signature to ensure we are satisfied with your identity' and 'we feel requesting for a copy of your true, current signature is a reasonable request. In addition, the 12 working day time frame begins after the date of receipt of a satisfactory request.'
21.05 Signature request - formal response, template letter posted.
June
08.06 Letter received from Capital One, after the formal response letter posted on 19.05. They still refuse to supply the CCA due to the 'electronic signature' and they will not process the request until they receive a copy of current signature.
11.06 Information Commissioner's Office letter posted, as per Niddy's reply in post 74.
15.06 Letter received from Information Commissioner's Office, confirming receipt of my complaint over Capital One's Data Protection policy interpretation over my CCA requests.
20.06 CapQuest calling, and I'm ignoring!
29.06 CapQuest letter received stating the usual contact to make payment by 08.07.12. I have, out of politeness, wrote a reply stating no CCA received from 'their client' Capital One and a report to the ICO over this case.
July
09.07 CapQuest letter received, dated 06.07.12, stating that my account is on hold until 19 July as they investigate the matter for me...
16.07 CapQuest letter received, dated 13.07.12, stating that my letter has been passed to their client who have responded to CapQuest saying it has been 'passed to the relevant department.'
August
06.08 Letter received from the ICO, stating that they can not act on my request for my CCA from Capital One, see post 74 by Niddy, even though my complaint is over Capital One's Data Protection Policy interpretation?!?!
October
11.10 Letter received stating that the account is no longer being managed by the Debt Management Agency acting on behalf of Capital One.
December
13.12 Letter received from Capital One stating that they havesold the debt to Lowell Portfolio 1 Ltd on 23/1/2012. Lowell will write, tell me how to pay (?) and start to report against my credit file within 30 days.Comment
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Re: What's the worst thing that can happen! UE diary
don't worry, wait and see what happens next.... keep us updated
I'm the forum administrator and I look after the theme & features, our volunteers & users and also look after any complaints or Data Protection queries that pass through the forum or main website. I am extremely busy so if you do contact me or need a reply to a forum post then use the email or PM features offered because I do miss things and get tied up for days at a time!
If you spot any spammers, AE's, abusive or libellous posts or anything else that just doesn't feel right then please report them to me as soon as you spot them at: webmaster@all-about-debt.co.ukComment
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Re: What's the worst thing that can happen! UE diary
Thanks Niddy. I'll save some Christmas stamps for my replies to this new lot! lolComment
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Re: What's the worst thing that can happen! UE diary
good idea, reuse them and if the postie asks them to pay, even better!Originally posted by CharlieH View Post
I'm the forum administrator and I look after the theme & features, our volunteers & users and also look after any complaints or Data Protection queries that pass through the forum or main website. I am extremely busy so if you do contact me or need a reply to a forum post then use the email or PM features offered because I do miss things and get tied up for days at a time!
If you spot any spammers, AE's, abusive or libellous posts or anything else that just doesn't feel right then please report them to me as soon as you spot them at: webmaster@all-about-debt.co.ukComment
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Re: What's the worst thing that can happen! UE diary
Account one
Capital One
Type: Credit card
Start: 2002
Balance: £2700
Last 'full' payment: April 2012
Arrangement: £20.00 per month from July 2011
Status: Will default in May
Account owner: Lowell Portfolio I Limited, was previously CapQuest Debt Recovery
Key: Sent Received Updates
2012
April
23.04 CCA request template downloaded, letter wrote and copy letter placed in a Capital One binder.
24.04 CCA request sent to Capital One, by Royal Mail recorded delivery and with an unsigned postal order for £1.00.
May
02.05 Letter received stating 'the signature on your letter does not match what we have on our records' (no s*** Sherlock, as it was a typeface!!) and they require a 'copy of a document showing my current signature, drivers licence or passport.' They have kept the £1.00 postal order...
02.05 CCA Request - Demand of Signature by Creditor letter sent.
19.05 Second letter of refusal to supply CCA due to lack of signature, as I have signed the letter electronically. This time they state 'under the Data Protection Act 1998 we are unable to investigate your account unless we receive a true signature to ensure we are satisfied with your identity' and 'we feel requesting for a copy of your true, current signature is a reasonable request. In addition, the 12 working day time frame begins after the date of receipt of a satisfactory request.'
21.05 Signature request - formal response, template letter posted.
June
08.06 Letter received from Capital One, after the formal response letter posted on 19.05. They still refuse to supply the CCA due to the 'electronic signature' and they will not process the request until they receive a copy of current signature.
11.06 Information Commissioner's Office letter posted, as per Niddy's reply in post 74.
15.06 Letter received from Information Commissioner's Office, confirming receipt of my complaint over Capital One's Data Protection policy interpretation over my CCA requests.
20.06 CapQuest calling, and I'm ignoring!
29.06 CapQuest letter received stating the usual contact to make payment by 08.07.12. I have, out of politeness, wrote a reply stating no CCA received from 'their client' Capital One and a report to the ICO over this case.
July
09.07 CapQuest letter received, dated 06.07.12, stating that my account is on hold until 19 July as they investigate the matter for me...
16.07 CapQuest letter received, dated 13.07.12, stating that my letter has been passed to their client who have responded to CapQuest saying it has been 'passed to the relevant department.'
August
06.08 Letter received from the ICO, stating that they can not act on my request for my CCA from Capital One, see post 74 by Niddy, even though my complaint is over Capital One's Data Protection Policy interpretation?!?!
October
11.10 Letter received stating that the account is no longer being managed by the Debt Management Agency acting on behalf of Capital One.
December
13.12 Letter received from Capital One stating that they have old the debt to Lowell Portfolio 1 Ltd on 23/11/2012. Lowell will write, tell me how to pay (?) and start to report against my credit file within 30 days.
14.12 Letter received from Lowell Portfolio 1 Ltd stating they now own the debt, Capital one have checked their records an see no reason whu this should remain unpaid, pay immediately etc by telephoning. The letter has no postal address to write to on it! I can pay the debt by setting a mandate up, which they state is on the reverse of the letter. There isn't one! And as if I would agree! lol I will write to their registered office and I am sure it will get to them. What letter do you recommend?Comment
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Re: What's the worst thing that can happen! UE diary
usual response from crap 1I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.
If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.Comment
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Re: What's the worst thing that can happen! UE diary
I would send the account sold while in dispute letter. (Can't link to templates as posting on cell phone).Originally posted by CharlieH View Post
SHComment
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Re: What's the worst thing that can happen! UE diary
------> Account Sold whilst in DisputeOriginally posted by ScabHunter View PostI'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.
If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.Comment
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Re: What's the worst thing that can happen! UE diary
It's all printed, and I'm off to the post box.
Many thanksComment
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Re: What's the worst thing that can happen! UE diary
Account two
Barclaycard - originally Goldfish
Type: Credit card
Start: 1999
Balance: £1200
Last 'full' payment: April 2012
Arrangement: Will no longer be making minimum payments
Status: Will default in May
Account owner: Lender
Key: Sent Received Updates
2012
April
23.04 CCA request template downloaded, letter wrote and copy letter placed in a Barclaycard Goldfish binder.
24.04 CCA request sent to Barclaycard Goldfish, by Royal Mail recorded delivery and with an unsigned postal order for £1.00.
May
12.05 Letter received from Barclaycard, dated 09.05.12, acknowledging receipt of my Section 78 request. They will respond as soon as possible.
17.05 Two letters today regarding this. One from the left hand, and one from the right hand! The first is the standard print out of the current T&C's. The second is more interesting. This states they are 'currently unable to provide a copy of the CCA' and are 'therefore prevented from enforcing our agreement' and then 'with immediate effect, we have suspended your Barclaycard' this is a 'temporary measure which will be kept under review'. They 'can and will continue to take any action short of enforcement, which includes reporting to credit reference agencies without also telling them that the agreement is currently unenforceable.'
The case of McGuffick v The Royal Bank of Scotland [2009] EWHC 2386 is mentioned in terms of "enforcement" and also Carey v HSBC [2009] EWHC 3417QB regarding 'an unfair relationship cannot be said to have arisen between the fact that we have not currently complied with section 78 of the Act.'
December
17.12 Letter sent from Barclycard stating that the account has been passed to Credit Solutions to manage the collection. I have sent them the Account sold whilst in dispute letter.Comment
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Re: What's the worst thing that can happen! UE diary
Account four
MBNA
Type: Credit card
Start: 1998
Balance: £4100
Last 'full' payment: January 2012
Arrangement: No longer making minimum payments
Status: In arrears
Account owner: Link Financial Outsourcing
Key: Sent Received Updates
2012
April
23.04 CCA request template downloaded, letter wrote and copy letter placed in a MBNA binder.
24.04 CCA request sent to MBNA, by Royal Mail recorded delivery and with an unsigned postal order for £1.00.
May
08.05 Letter received from Link Financial Outsourcing Limited stating that on 27.04.12 MBNA assigned them the debt, and again on 27.04.12 they assigned the benefit of the debt to IDR Finance UK Limited. Do I therefore send the 'Account sold whilst in dispute' letter to IDR Finance?
09.05 Telephone call from IDR/Link. I have asked them to contact me by letter only. But they informed me that they are a 'telephone based company'. How unfortunate for them. I did tell them that they had been sold the debt whilst in dispute...
14.05 Second letter received from Link/IDR repeating their letter of 08.05 stating that on 27.04.12 MBNA assigned them the debt. Contact us to pay etc...
17.05 'Account in dispute' letter sent.
24.05 CCA application received today, with the origination date of September 1998, together with a letter from Link stating this fulfills their obligations under Section 77 or 78 of the Consumer Credit Act 2006. There is also a print out of all their current T&C's, together with a second copy of the CCA. I will email these straight away to Niddy.
27.05 CCA deemed unenforceable by Niddy
28.05 Missing Prescribed Terms letter sent to Link after Niddy declared the CCA 'unenforceable.'
30.05 Letter recieved from IDR/Link, stating the same content as per their letter dated 08.05. I will ignore, and presume it's just the level of their incompetence that I will have to get use to. I will await their correct response - if any - to my Missing Prescribed Terms letter sent on 28.05
June
12.06 Letter received from Link, further to my request made under s78. They enclose a copy of the executed CCA, a copy of the Terms and Conditions, and a copy of the Terms and Conditions at termination/assignment; and a statement regarding account conduct. The final statement has no date, states the balance of £4100ish, states the account has been terminated and additional sums and court costs etc.
25.06 Final response - unenforceable CCA received letter sent
28.06 Two letters received today. Both dated 25.06, so neither are in reply to my letter of 25.06 regarding unenforceable CCA. One is from IDR and is their standard letter of 'you owe us, call us etc.' and the second is from Link, a sheet showing all my transactions to them from 2008 onwards. This according to them is 'as requested we enclose copy statements that show transactions on your account.'
July
06.08 Telephone call from Link, told them to put everything in writing and to not telephone.
January
18.01 Letter received from IDR Finance UK. They write in relation to the above account and 'note from review of our file that you refuse to enter into dialogue concerning your outstanding liability and continue in your efforts to evade the same via spurious correspondence averring that our response to your previous S78 Consumer Credit Act 1974 request to be insufficient.
The appropriate forum to determine whether our response is compliant and/or whether you are available to evade repayment is the County Court and we therefore place you on notice that unless we are in receipt of reasonable and realistic proposals for dicharge of the outstanding £4063.72 within 14 days, proceedings wull be raised without further reference to you.
To that extant, you may consider this correspondence a Formal Letter Before Action and we would invite you to take professional advice as to your stance, prior to exposing yourself to the costs risks of litigation.'
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Re: What's the worst thing that can happen! UE diary
Have you read this ----> If you are being sued and need guidance on all things CPR then please visit this guide which i have drafted. Click hereI'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.
If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.Comment
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Re: What's the worst thing that can happen! UE diary
you need to reply to that.
You need to ask per the CPR pre action protocol practice direction for a copy of the contract they will rely upon in the course of the proceedings. You will aslo need to set out the points of dispute over this matter
if you do not reply it can have serious consenquences for youComment
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Re: What's the worst thing that can happen! UE diary
Thanks for the replies.
Is there a letter template to use t all for the reply, or should I now use the AAD preferred solicitors route?Comment
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