asm76's UE Diary

[asm76]

Re: asm76's UE Diary

Lots of "investigating" going on

[asm76]

Re: asm76's UE Diary

Type of account: Credit Card (AMEX)
Date commenced: 11/07/2003
Approx balance: £5289.19
Date last paid: Feb 2012
Are you on arrangement or not paying: Not paying
Status: Default dropped off credit file October 2011
Account owner: Capquest

07/03/2012 - Sent CCA request
10/03/2012 - Letter received stating my account was on hold for 28 days while they source the CCA.
22/05/2012 - Received a stack of statements dating back to 2005. An "Express Application" form signed by me. Copy of a CCA, unsigned.
22/05/2012 - Emailed Niddy - Account
28/05/2012 - Sent missing prescribed terms letter
08/06/2012 - Letter received: "Referred to the compliance department. A quality assurance officer will be in touch. Account on hold etc."
09/06/2012 - Another letter received dated 2nd June (crossed in the post with the letter received on 8th June 2012, which was dated 7th June 2012). This one is a "Letter Before Action" saying my account will be progressed to their pre-litigation department, mentions their solicitors MAY commence legal action "around 8th June 2012" (yesterday lol!). Mentions "Order of the Court", "Warrant of Execution" and then goes on to threaten all the things Bailiffs will do to me, removing my possessions, extra fees etc. etc. Then they tell me that to avoid this action I should call them.
19/06/2012 - Letter received quoting Carey vs HSBC and recon agreements.
19/06/2012 - Sent Threat by Creditor - Threat-o-Gram Letter Before Action
27/06/2012 - Letter received thanking me for my recent correspondence. My account is "on-hold" while they investigate my complaint in line with their in-house procedure. They'll be in contact with me with the results of their findings. They've kindly enclosed a copy of their "Complaints Handling Leaflet" for my information.

30/06/2012 - Letter received from Mr Hawkes the Complaints Officer. They have sent me the same express application, unsigned CCA and statements dating back to 2005 that I showed Niddy. Instead of typing it all out I have taken a pic and uploaded it below.



I need to put an end to the letter tennis now. Can someone please advise what to do next??

[Deepie]

Re: asm76's UE Diary

30/06/2012 - Letter received from Mr Hawkes the Complaints Officer. They have sent me the same express application, unsigned CCA and statements dating back to 2005 that I showed Niddy. Instead of typing it all out I have taken a pic and uploaded it below.



I need to put an end to the letter tennis now. Can someone please advise what to do next??

If it were me I would resend -------> CCA Query - Missing Prescribed Terms

[asm76]

Re: asm76's UE Diary

Appreciate the response, but I've already sent that letter and all they did was re-send the same paperwork they responded with initially. I have 3 copies of the same express application, unsigned CCA and statements. I don't want any more! lol

I really just want to put an end to it, otherwise we're just going to be sending the same letters to each other over an over!

[Deepie]

Re: asm76's UE Diary

Appreciate the response, but I've already sent that letter and all they did was re-send the same paperwork they responded with initially. I have 3 copies of the same express application, unsigned CCA and statements. I don't want any more! lol

I really just want to put an end to it, otherwise we're just going to be sending the same letters to each other over an over!

I'm afraid that's the way it goes somtimes............

[asm76]

Re: asm76's UE Diary

TBH, I'm reluctant to waste any more postage on them. Letter tennis doesn't really achieve anything!

[PlanB]

Re: asm76's UE Diary

TBH, I'm reluctant to waste any more postage on them. Letter tennis doesn't really achieve anything!

It's cheaper than defending a case in court

[asm76]

Re: asm76's UE Diary

So I just keep sending missing prescribed terms letters and they keep sending me the same unsigned paperwork?

Where do I draw the line and say "enough is enough"?

[MrsD]

Re: asm76's UE Diary

letter tennis does achieve, it lays a paper trail, so God forbid, it ever ends up in court, you can point out to the judge that you continually asked them provide the correct information, and they continually ignored you, so if it were me, I'd send off what In2deep suggests

[asm76]

Re: asm76's UE Diary

OK peeps. Appreciate the advice. I'll send the missing prescribed terms letter I2D recommended on Monday. I'll get some 2nd class stamps

Have a smashing weekend!

[PlanB]

Re: asm76's UE Diary

So I just keep sending missing prescribed terms letters and they keep sending me the same unsigned paperwork?

Where do I draw the line and say "enough is enough"?

There's a Template Letter for that too

http://www.all-about-debt.co.uk/temp...lity/s2-t8.php

But it looks like you're not at that stage yet so I would follow I2D's wise suggestion first

[asm76]

Re: asm76's UE Diary

Yep, cheers PlanB!

[asm76]

Re: asm76's UE Diary

Type of account: Credit Card (AMEX)
Date commenced: 11/07/2003
Approx balance: £5289.19
Date last paid: Feb 2012
Are you on arrangement or not paying: Not paying
Status: Default dropped off credit file October 2011
Account owner: Capquest

07/03/2012 - Sent CCA request
10/03/2012 - Letter received stating my account was on hold for 28 days while they source the CCA.
22/05/2012 - Received a stack of statements dating back to 2005. An "Express Application" form signed by me. Copy of a CCA, unsigned.
22/05/2012 - Emailed Niddy - Account
28/05/2012 - Sent missing prescribed terms letter
08/06/2012 - Letter received: "Referred to the compliance department. A quality assurance officer will be in touch. Account on hold etc."
09/06/2012 - Another letter received dated 2nd June (crossed in the post with the letter received on 8th June 2012, which was dated 7th June 2012). This one is a "Letter Before Action" saying my account will be progressed to their pre-litigation department, mentions their solicitors MAY commence legal action "around 8th June 2012" (yesterday lol!). Mentions "Order of the Court", "Warrant of Execution" and then goes on to threaten all the things Bailiffs will do to me, removing my possessions, extra fees etc. etc. Then they tell me that to avoid this action I should call them.
19/06/2012 - Letter received quoting Carey vs HSBC and recon agreements.
19/06/2012 - Sent Threat by Creditor - Threat-o-Gram Letter Before Action
27/06/2012 - Letter received thanking me for my recent correspondence. My account is "on-hold" while they investigate my complaint in line with their in-house procedure. They'll be in contact with me with the results of their findings. They've kindly enclosed a copy of their "Complaints Handling Leaflet" for my information.
30/06/2012 - Letter received from Mr Hawkes the Complaints Officer. They have sent me the same express application, unsigned CCA and statements dating back to 2005 that I showed Niddy. Instead of typing it all out I have taken a pic and uploaded it below.
03/07/2012 - Sent missing prescribed terms letter.

[asm76]

Re: asm76's UE Diary

Type of account: Credit Card (AMEX)
Date commenced: 11/07/2003
Approx balance: £5289.19
Date last paid: Feb 2012
Are you on arrangement or not paying: Not paying
Status: Default dropped off credit file October 2011
Account owner: Capquest

07/03/2012 - Sent CCA request
10/03/2012 - Letter received stating my account was on hold for 28 days while they source the CCA.
22/05/2012 - Received a stack of statements dating back to 2005. An "Express Application" form signed by me. Copy of a CCA, unsigned.
22/05/2012 - Emailed Niddy - Account
28/05/2012 - Sent missing prescribed terms letter
08/06/2012 - Letter received: "Referred to the compliance department. A quality assurance officer will be in touch. Account on hold etc."
09/06/2012 - Another letter received dated 2nd June (crossed in the post with the letter received on 8th June 2012, which was dated 7th June 2012). This one is a "Letter Before Action" saying my account will be progressed to their pre-litigation department, mentions their solicitors MAY commence legal action "around 8th June 2012" (yesterday lol!). Mentions "Order of the Court", "Warrant of Execution" and then goes on to threaten all the things Bailiffs will do to me, removing my possessions, extra fees etc. etc. Then they tell me that to avoid this action I should call them.
19/06/2012 - Letter received quoting Carey vs HSBC and recon agreements.
19/06/2012 - Sent Threat by Creditor - Threat-o-Gram Letter Before Action
27/06/2012 - Letter received thanking me for my recent correspondence. My account is "on-hold" while they investigate my complaint in line with their in-house procedure. They'll be in contact with me with the results of their findings. They've kindly enclosed a copy of their "Complaints Handling Leaflet" for my information.
30/06/2012 - Letter received from Mr Hawkes the Complaints Officer. They have sent me the same express application, unsigned CCA and statements dating back to 2005 that I showed Niddy. Instead of typing it all out I have taken a pic and uploaded it below.
03/07/2012 - Sent missing prescribed terms letter.

19/07/2012 - Letter received including same Express application (signed by me) and unsigned CCA. They have highlighted some info this time around (see below).





Where do I go from here please?

[SXGuy]

Re: asm76's UE Diary

the letter, is tosh, im sure others will agree.

Firstly the fact you had repaid some of the debt, and had answered security questions, does not mean that you have no right to dispute its enforceability.

You are allowed, at any point in your life, to say "hang on a min, perhaps what ive been paying all these years doesnt actually meet CCA 1974 requirements.

payment, and answering security questions is not admittance of enforceability or compliance. There argument, is flawed.

secondly, the so called agreement they claimed you signed, makes no reference to the prescribed terms, just because it states "by signing you agree to the terms" means nothing. It has to accompany the prescribed terms, in the prescribed format. If they have not sent this, they are in default of your request, and the agreement is unenforceable.

End of the matter.

someone else will be along to advise what to do next, but i thought id point those bits out anyway