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  • #46
    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
    20/07/2012 - Sent Final Response - Unenforceable letter.
    25/08/2012 - Same letter, with bits highlighted (as per 19th July). This time they tell me the FOS wouldn't be able to uphold any complaint I made. Wonder how they know that? Anyway, nothing new here really, they are just repeating themselves now. They've even enclosed ANOTHER copy of the application, unsigned Ts&Cs and 5 years worth of statements.

    Comment


    • #47
      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
      20/07/2012 - Sent Final Response - Unenforceable letter.
      25/08/2012 - Same letter, with bits highlighted (as per 19th July). This time they tell me the FOS wouldn't be able to uphold any complaint I made. Wonder how they know that? Anyway, nothing new here really, they are just repeating themselves now. They've even enclosed ANOTHER copy of the application, unsigned Ts&Cs and 5 years worth of statements.
      14/09/2012 - Letter received informing me that my account is being processed for legal action. I have been selected for this "one time solution" to settle my account. It's "not a gimmick" or "nothing sinister" and I can "save a considerable amount of money doing so". I have to pay a minimum payment each month and they will credit my account with 30% of the payment I make. They hope I "seriously consider this and make the right choice".

      So, where do I go from here? Essentially they are offering me a discount on my debt which, to me, says they'd struggle to enforce the debt in full, otherwise they would do so...

      Comment


      • #48
        Re: asm76's UE Diary

        Originally posted by asm76 View Post
        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
        20/07/2012 - Sent Final Response - Unenforceable letter.
        25/08/2012 - Same letter, with bits highlighted (as per 19th July). This time they tell me the FOS wouldn't be able to uphold any complaint I made. Wonder how they know that? Anyway, nothing new here really, they are just repeating themselves now. They've even enclosed ANOTHER copy of the application, unsigned Ts&Cs and 5 years worth of statements.
        14/09/2012 - Letter received informing me that my account is being processed for legal action. I have been selected for this "one time solution" to settle my account. It's "not a gimmick" or "nothing sinister" and I can "save a considerable amount of money doing so". I have to pay a minimum payment each month and they will credit my account with 30% of the payment I make. They hope I "seriously consider this and make the right choice".

        So, where do I go from here? Essentially they are offering me a discount on my debt which, to me, says they'd struggle to enforce the debt in full, otherwise they would do so...
        See what they send next........thats what I would do
        I'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


        • #49
          Re: asm76's UE Diary

          Originally posted by in 2 deep View Post
          See what they send next........thats what I would do

          Definatly wait next move.
          I'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


          • #50
            Re: asm76's UE Diary

            I can wait. I can wait like no other man. I am a professional wait-er.

            Comment


            • #51
              Re: asm76's UE Diary

              Originally posted by asm76 View Post
              I can wait. I can wait like no other man. I am a professional wait-er.



              Oh!! Professional Waiter = lemon & lime please, ooopppsssss
              I'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


              • #52
                Re: asm76's UE Diary

                You best tip well...

                Comment


                • #53
                  Re: asm76's UE Diary

                  Originally posted by asm76 View Post
                  You best tip well...


                  Yes of course, = Do Not Back Horses!
                  I'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


                  • #54
                    Re: asm76's UE Diary

                    Originally posted by asm76 View Post
                    You best tip well...
                    duplication.
                    I'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


                    • #55
                      Re: asm76's UE Diary

                      Don't eat yellow snow! lol

                      Comment


                      • #56
                        Re: asm76's UE Diary

                        Originally posted by asm76 View Post
                        Don't eat yellow snow! lol

                        Or Tip An Iceburg!
                        I'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


                        • #57
                          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
                          20/07/2012 - Sent Final Response - Unenforceable letter.
                          25/08/2012 - Same letter, with bits highlighted (as per 19th July). This time they tell me the FOS wouldn't be able to uphold any complaint I made. Wonder how they know that? Anyway, nothing new here really, they are just repeating themselves now. They've even enclosed ANOTHER copy of the application, unsigned Ts&Cs and 5 years worth of statements.
                          14/09/2012 - Letter received informing me that my account is being processed for legal action. I have been selected for this "one time solution" to settle my account. It's "not a gimmick" or "nothing sinister" and I can "save a considerable amount of money doing so". I have to pay a minimum payment each month and they will credit my account with 30% of the payment I make. They hope I "seriously consider this and make the right choice".

                          06/10/2012 - Letter received from the infamous Marcus Butterworth "Litigation Department". As I'm aware they've communicated with me over a period of time to resolve this without the need for legal action. Warns me costs will be applied if they succeed in obtaining judgement. My case may be passed to their solicitors on or around the 16th October. Then he goes on to say that he isn't demanding payment in full and he's open to suggestion from me... And, if I contact them before the 16th, they will offer a settlement figure (around £1300 less than the original balance - yet I've already paid more than that off in installments since 2008 - they are chasing the original amount and haven't taken into account what I've already paid!!) to clear the account, which I can pay in 3 monthly installemts.

                          Should I be doing anything?
                          Last edited by asm76; 8 October 2012, 08:40.

                          Comment


                          • #58
                            Re: asm76's UE Diary

                            All of the evidence to me suggests that they are bluffing and won't take this anywhere near a court – they are offering “discounts” and even offering to pay you something back if you start giving them a monthly donation. They just want to get you to restart the limitation clock so they've got more time to wear you down with threats.


                            If it was me, as you've already sent the final response template, I would just send them a one liner referring them to that response, just to maintain the paper trail.


                            SH

                            Comment


                            • #59
                              Re: asm76's UE Diary

                              That's the feeling I get as well. The discounts have gradually got better.

                              Part of me thinks I should just wait and see what comes next.

                              Comment


                              • #60
                                Re: asm76's UE Diary

                                Send the one liner as sugested.

                                Sometimes i ignore standard template letters, but i never ignore threat of litigation letters because they could think, right no response get the court ball rolling.

                                So always best to reply to litigation threats, even if it is just to refer to previous communication.
                                I'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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