Fredbares UE Diary

[fredbare]

Re: Fredbares UE Diary

Catalogue Shop Direct-Choice
Approx Amount 1000
Date started 1992
Status not paying
Date last paid July 2010
Owner Capquest

Same as above refused to change payment date.

Sent for CCA
Receive letter, unable to locate a copy of executed agreement but for information have sent a copy of the current agreement which applies to this type of account.
Various letters received from arrears dept.
Sent letter putting account in dispute due to no agreement. Asked them to refund charges and I would pay what was owed.
Few more letters from arrears dept.
Letter from NDR stating they were acting on behalf of their client and if i could pay arrears then they would review charges. The arrears by this time was very close to the balance and consisted of many charges. They also mentioned court action.
Sent letter advising my position not changed, if they refunded all charges then I would commence reasonable monthly payments. Also asked for documents they would be relying on in court.
Offer letter received from choice pay over 3 years at 9.9%. yeh ok. 10 days to accept.
5 days later pre escalation notice from NDR.
Letter from NDR warning of default notice to be issued. Doorstep visit.
Sent letter my position niot changed, no visitors allowed etc.
Letter from arrears dept thanking me for my letter requesting reduced payments????.
Default notice from Choice. March 2011
3 weeks later sold to Capquest and hello letter
Sent letter to capquest, do not acknowledge debt to you please send me the cca enclosing a pound. Told them i would be claiming all charges and ppi from them.
Letter received from hl legal wanting payment as I did not respond to their clients hello letter.
Sent letter to hl legal enclosing copy of cca request and complained about the layout of their letter and asked again for the documents they would be relying on.
Letter before action received from Capquest.
Letter from Capquest thanking me for my correspondence and it would be forwarded to their compliance team. They will rrespond in due course and account on hold.
June 2011 Nice apologetic letter from Capquest blaming their system for not updating their paperwork and theyr sorry I had to complain, their letters always follow legal regulations. Confirmed account was unenforceable un til such time as they have received documents from shop direct.
Another letter from Capquest Account on hold for 28 days and asking for proof of payments or correspondence so that they can resolve the matter.
No further contact has been made by letter or telephone.

Will update if I hear anything more.
.

[Never-In-Doubt]

Re: Fredbares UE Diary

Is it not correct then that if a claim is in the court process it stops the clock for statute barring? I always thought it did.

Thanks Fredbare

yea if it's stayed then it won't become SB however what you do have to realise is that if it's stayed for "too" long they'll struggle to open it up as the judge may dismiss it especially if it's stayed for a couple of years or longer....

[fredbare]

Re: Fredbares UE Diary

Thank you for explaining that, I hope it stays stayed then.

Will let you know.

Fredbare

[fredbare]

Re: Fredbares UE Diary

Catalogue Tocatto
Approx amount 1000
Date started 2004
Status Not paying
Date Last Paid Aug 2011
Owner JDWilliams

Asked if they could change payment date as I was finding it difficult to pay on a 4 weekly basis. Request refused and charges were applied. Stopped paying and ignored. Various letters came from their arrears dept also ignored.

December 2011 letter from reliable telling me an appointment has been made to contact me at my home on wednesday? No date.

Sent letter to reliable asking who they had made appointment with as it wasnt me.
The name of the agent who had made the appointment. What was discussed. Date and time appointment was made. Also told them no doorstep visits everything in writing.
No reply to that except a nice letter wanting to help me. Why couldnt they do that in the beginning?
Sent cca letter
Received a True Copy of agreement and transaction history.
Few more letter from reliable, conduct unacceptable etc
Received notice of potential court action.
Letter from Tocatto April their acting on behalf of jd williams. They also noted a pound was paid into the account in Jan. This was the pound I paid for the CCA and was reversed back out, its in the transaction history.
I have not replied to this yet.

Not sure what to do with this one. The agreement is not signed and has my name and address, nothing more. I have not formally put it in dispute with jdwilliams. Should I, Write to jdwilliams putting account in dispute, send dca cca request even though theyr only acting for creditor or ignore.

All opinions welcome. Thanks


Fredbare

[fredbare]

Re: Fredbares UE Diary

Hi

Spoke too soon about o/d, received letter offering a discount. I havnt had time to add this to my diary yet! Will do it later.

Thanks

[fredbare]

Re: Fredbares UE Diary

Catalogue Tocatto
Approx amount 1000
Date started 2004
Status Not paying
Date Last Paid Aug 2011
Owner JDWilliams

Asked if they could change payment date as I was finding it difficult to pay on a 4 weekly basis. Request refused and charges were applied. Stopped paying and ignored. Various letters came from their arrears dept also ignored.

December 2011 letter from reliable telling me an appointment has been made to contact me at my home on wednesday? No date.

Sent letter to reliable asking who they had made appointment with as it wasnt me.
The name of the agent who had made the appointment. What was discussed. Date and time appointment was made. Also told them no doorstep visits everything in writing.
No reply to that except a nice letter wanting to help me. Why couldnt they do that in the beginning?
Sent cca letter
Received a True Copy of agreement and transaction history.
Few more letter from reliable, conduct unacceptable etc
Received notice of potential court action.
Letter from Tocatto April their acting on behalf of jd williams. They also noted a pound was paid into the account in Jan. This was the pound I paid for the CCA and was reversed back out, its in the transaction history.
I have not replied to this yet.

Receiving calls from them, checked their number, did not answer.

[fredbare]

Re: Fredbares UE Diary

Account Credit Card Mine
Date Commenced 2003
Approx Balance 10000.00 +
Date Last Paid 2009
Status Stayed at Court early 2011
Account Owner HSBC

I have not sent any cpr requests for this claim as I have received all that they have under a sar request.

Emailed agreement to Niddy

[fredbare]

Re: Fredbares UE Diary

Account Credit Card O/H
Date Commenced 1997
Approx Balance 10000.00+
Last Paid 2009
Status Stayed at Court early 2011
Account Owner HSBC

I am still waiting for documents requested under cpr 31.14 which dg solicitors stated they will send as soon as they receive them and will allow me time to amend my defence. This was before the case was stayed.

Emailed agreement to Niddy

[Never-In-Doubt]

Re: Fredbares UE Diary

Account Credit Card Mine
Date Commenced 2003
Approx Balance 10000.00 +
Date Last Paid 2009
Status Stayed at Court early 2011
Account Owner HSBC

I have not sent any cpr requests for this claim as I have received all that they have under a sar request.

Emailed agreement to Niddy

Emailed agreement to Niddy

I thought with the stayed claims we were leaving them? You don't want to go upsetting the applecart - if they are leaving you alone then let them! Don't go asking for documents etc......

However, on that note......

Your HSBC - totally UE all they have done is copy the actual pplication provess (old style simple signature page) - there are no PT's and nothing in any of those 3 pages to suggest there should be. Plus it mentions PPI which would invalidate it based on it requiring it's own PT's which are also missing



OH's HSBC - totally UE and worse than yours as it's a simple signature page - nothing linking to ermm, anything!

If they tried to enforce either of these as things stand now, Paul would rip them a new whole and you'd probably find both are formalised as unenforceable. However I would not go rocking the boat, as I say if it was me I would leave things alone and just stay quiet

Well done though, both totally

[Never-In-Doubt]

Re: Fredbares UE Diary

Not sure what to do with this one. The agreement is not signed and has my name and address, nothing more. I have not formally put it in dispute with jdwilliams. Should I, Write to jdwilliams putting account in dispute, send dca cca request even though theyr only acting for creditor or ignore.

All opinions welcome. Thanks


Fredbare

You would send tocatto the account sold whilst in dispute template

If you have an agreement let me see it please

[Never-In-Doubt]

Re: Fredbares UE Diary

Hi

Spoke too soon about o/d, received letter offering a discount. I havnt had time to add this to my diary yet! Will do it later.

Thanks

O/D? I asked at the start and you said 2 cards, 1 loan and catalogues - no mention of OD which are cca exempt anyway, well - they are and they aren't but it's confusing

Give us details please but do not send a cca as it is irrelevant :niddy

[fredbare]

Re: Fredbares UE Diary

I thought with the stayed claims we were leaving them? You don't want to go upsetting the applecart - if they are leaving you alone then let them! Don't go asking for documents etc......

However, on that note......

Your HSBC - totally UE all they have done is copy the actual pplication provess (old style simple signature page) - there are no PT's and nothing in any of those 3 pages to suggest there should be. Plus it mentions PPI which would invalidate it based on it requiring it's own PT's which are also missing



OH's HSBC - totally UE and worse than yours as it's a simple signature page - nothing linking to ermm, anything!

If they tried to enforce either of these as things stand now, Paul would rip them a new whole and you'd probably find both are formalised as unenforceable. However I would not go rocking the boat, as I say if it was me I would leave things alone and just stay quiet

Well done though, both totally

Hi Niddy

Wow that was quick didnt expect a reply this soon. I wont rock the boat im happy to leave well alone and follow your advice,
but thank you for confirming that the agreements are not right. I did put a claim in for the ppi but was refused twice, I made a sar request to the bank and insurance co and neither could provide any documents.

[fredbare]

Re: Fredbares UE Diary

You would send tocatto the account sold whilst in dispute template

If you have an agreement let me see it please

Will scan and email tomorrow. Thank you

[fredbare]

Re: Fredbares UE Diary

O/D? I asked at the start and you said 2 cards, 1 loan and catalogues - no mention of OD which are cca exempt anyway, well - they are and they aren't but it's confusing

Give us details please but do not send a cca as it is irrelevant :niddy

I mentioned it in post 7 but have not had time to add to diary.

Joint overdraft hsbc 1000+ all charges. Reclaimed and refused sent for cca, bank claimed part v exemption. No documents received at all for this account under sar just a few statements and a pile of computer printouts. Complained to ICO, not upheld, bank told them they dont have to send t&c as not personal information and wanted to know what a facility letter was?

I will add this to my diary tomorrow with more details

Thank you Fredbare.

[Never-In-Doubt]

Re: Fredbares UE Diary

Hi Niddy

Wow that was quick didnt expect a reply this soon. I wont rock the boat im happy to leave well alone and follow your advice,
but thank you for confirming that the agreements are not right. I did put a claim in for the ppi but was refused twice, I made a sar request to the bank and insurance co and neither could provide any documents.

If they take it back to court all this will become relevant and we'll successfully do a reclaim of ppi as well.....

Don't worry about these for the time being....