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  • Re: spent2much UE diary

    Originally posted by Spent2much View Post
    how about this one, what do i send for this , they added some charges to the loan which makes it ue, what should i be sending now please and thank you


    update

    sent missing pt's october 2012

    received today 08/11/2012

    Dear Mr ***

    I write in response to your letter received on 19th October 2012 of which the content has been duly noted.

    CapQuest received your letter requesting documentation on 16th July 2012 to which a requst to Black Horse Limited for the documentation was made and duly forwarded to you upon our receipt on 26th September 2012.
    .

    You have advised in your letter the copy of agreement appears to be missing the prescribed terms and condtions. I have highlighted the terms and conditions on the reverse of the agreement and have enclosed a further copy for your ease together with copy statment.

    On the credit agreement that has been supplied to you it states' This is a Hire-Purchase Agreement regulated by the Consumer Credit Act 1974. Sign it only if you want to be legally bound by its terms' This credit agreement has been signed and therefore you are bound by the terms and conditions that have been supplied.

    We appreciate that you belive the agreement supplied is non copliant with the CCa 1974 however, it is liely you would have received a copy of the agreement when signed and consequently we believe they would ahve every opportunity to raise any concerns they may have had in relation to their agreement .

    You also refer to the provision of the recent Carey v HSBC: Consumer Credit (Cancellation Notices and Copies of Documents) Regulations 1983 which deal in Regualtion 3. with the requirments as to form and content of copy documents.He detrmined that a copy of the document provided need not be a photocopy of the original nor need the copy provided be in the same format. He clarified that the cpoy may be reconstructed from other sources as long as it is produced hoe=nestly and accurately.

    With regards to the copy of agreement that we have supplied to you containing the terms and conditions, we belive is a true copy and we remain satisfied that your agreement is valid and fully enforceable.

    In order to help us understand your dispute, could you please clarify the following in your response:

    . DO YOU DENY EVER SIGHING AN AGREMENT FOR A HIGHER PURCHASE AGREEMENT?
    .DO YOU DENY EVER RECEIVING GOODS?
    .DO YOU DENY EVER RECEIVING STATEMENTS FOR YOUR HIGHER PURCHASE AGREEMENT?
    .DO YOU DENY EVER MAKING PAYMENTS BLACK HORSE LTD.

    I have held your account for a further 28 days to await your response, if a response is not forthcoming the account will be returned to CapQuest collections to discuss your account.
    does this need a ny response please this is a joint loan with Black Horse , the cca is ue because of an arra ngement fee added to loan . I sent missing pt's and got the above reply
    thanks

    does this letter require a response or shall wait and see what they do next please ?
    Last edited by Spent2much; 14 November 2012, 07:33.
    _______________________________________



    Comment


    • Re: spent2much UE diary

      Please forgive me if I am overstepping the mark, but is this agreement on here.
      I do have some experience in TCC related unenforceailty issues and would like to help if I can.

      If this is inappropriate for this forum, just ignore me, i do not insult easily

      Comment


      • Re: spent2much UE diary

        Originally posted by Spent2much View Post
        does this letter require a response or shall wait and see what they do next please ?
        Personally, I would ignore this and wait to see what they send next, for two reasons -

        1) It is an extremely nasty and facetious letter. They seem to be trying to get you to send your defence to them before they have even issued a claim. Those four questions are irrelevant to the issue of unenforceability, and in any case they need to issue a claim before you have any responsibility to give admissions or denials.

        2) Time is of the essence when you are trying to shepherd an account to statute-barred status, so I would just let the 28 days elapse and then counter their next attack.

        If you did want to respond, I would suggest this -

        Our Templates | Unenforceability Templates | CCA Query - Creditor Refusal to Accept UE Status

        which would probably be the response I would give to their next threatogram whenever it arrives.

        Does their letter really say

        Originally posted by Spent2much View Post
        YOUR HIGHER PURCHASE AGREEMENT?
        What have you been buying in Heaven, an angel for the Christmas tree?

        SH

        Comment


        • Re: spent2much UE diary

          Originally posted by ScabHunter View Post

          What have you been buying in Heaven, an angel for the Christmas tree?

          SH
          LOL id imagine its a typo on S2M part, as it was re typed.
          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


          • Re: spent2much UE diary

            By TCC related means charges inappropriately included in the total credit term when they should be in the TCC.

            This of course was the deciding issue in Wilson and many other successful claims.

            Of course merely including the fee in the total amount payable, does not make the total credit PT incorrect, the trick is ascertaining if the charge is in fact contained in the total credit or in the total charge for credit.
            This can be done by looking at the APR calculations.
            Last edited by gravytrain; 14 November 2012, 10:34.

            Comment


            • Re: spent2much UE diary

              TCC might mean Terms Condition Contracts??
              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


              • Re: spent2much UE diary

                Oh I understand, sorry I did not know how it operates on here, most forums post up redacted agreements and everyone has a look,I suppose they depend on a combined knowledge base rather than using an individual specialist, nothing wrong with that, it seems to work very well.
                Last edited by gravytrain; 14 November 2012, 10:30. Reason: redacted

                Comment


                • Re: spent2much UE diary

                  Originally posted by The Tech Clerk View Post
                  TCC might mean Terms Condition Contracts??
                  Sorry /.
                  TCC means Total Charge for Credit. (See total charge for credit regulations 1980/2010)

                  This is the sum repayed on your loan in addition to the amount you borrowed.

                  Interest, charges, fees are all contained in the TCC
                  Last edited by gravytrain; 14 November 2012, 11:13.

                  Comment


                  • Re: spent2much UE diary

                    Originally posted by ScabHunter View Post
                    Personally, I would ignore this and wait to see what they send next, for two reasons -

                    1) It is an extremely nasty and facetious letter. They seem to be trying to get you to send your defence to them before they have even issued a claim. Those four questions are irrelevant to the issue of unenforceability, and in any case they need to issue a claim before you have any responsibility to give admissions or denials.

                    2) Time is of the essence when you are trying to shepherd an account to statute-barred status, so I would just let the 28 days elapse and then counter their next attack.

                    If you did want to respond, I would suggest this -

                    Our Templates | Unenforceability Templates | CCA Query - Creditor Refusal to Accept UE Status

                    which would probably be the response I would give to their next threatogram whenever it arrives.

                    Does their letter really say



                    What have you been buying in Heaven, an angel for the Christmas tree?

                    SH

                    lol I will ignore it for now
                    _______________________________________



                    Comment


                    • Re: spent2much UE diary

                      Originally posted by Spent2much View Post
                      update



                      14/11/2012

                      It is essential that ou telephone BLS Collections on 0845 600 3238 TODAY

                      yours sincerely

                      BLS Collections Departemtn

                      PLEASE ENSURE REGULAR PAYMENTS ARE MAINTAINED TO AVOID FURTHER ACTION BEING TAKEN

                      PLEASE NOTE THAT OUR TELEPHONE LINES ARE OPEN MONDAY TO FIRDAY 8am to 7.30pm and SATURDAYS 8am to 4pm
                      update
                      _______________________________________



                      Comment


                      • Re: spent2much UE diary

                        Type of account (overdraft)mine

                        Date commenced (2003)

                        Approx balance (£246)

                        Date last paid (22 June 2012)

                        Are you on an arrangement plan not paying (was on dmp now stopped paying)

                        Status (default/cca being sent )

                        Account owner (HBOS)

                        received today 26/10/2012

                        Repayment Plan Arrears £***

                        We are contacting you about the above account as the repayment plan you agreed is still overdue.

                        We have previously reminded you about the money you owe and you must pay the amount outstanding straight away. You can do this by calling the number above .
                        If you do not pay the outstanding amount to bring your account back on track withing 10 days from the date of this letter your account will fall further into arrears, This could result in your repayment plan being cancelled and the full balance of £*** will be due.

                        If you are exprincing financial difficulties we would suggest you contact a Debt Management Company company such as CAB or cccs . They are fee organisations who will assist you by offering independant advice on your situation.





                        Originally posted by Spent2much View Post
                        update



                        14/11/2012

                        It is essential that ou telephone BLS Collections on 0845 600 3238 TODAY

                        yours sincerely

                        BLS Collections Departemtn

                        PLEASE ENSURE REGULAR PAYMENTS ARE MAINTAINED TO AVOID FURTHER ACTION BEING TAKEN

                        PLEASE NOTE THAT OUR TELEPHONE LINES ARE OPEN MONDAY TO FIRDAY 8am to 7.30pm and SATURDAYS 8am to 4pm
                        update

                        23/11/2012

                        BLS

                        Repayment plan arrears £***

                        We have tried several times to contact you regarding the arrears on the above account.

                        Unless the outstanding arrears amount reaches us within 10 days from the date of this letter your replayment plan will be cancelled and the full balance of £246.26 will be due. You can make a payment today by calling us on the above telephone number.

                        Failure to contact us may result in:-

                        1) Your account being passed to our legal department and court proceedings raised against you.
                        Or
                        2) Your account being passed to one of our local door -to-door collections agents who may call at your address to discuss the outstanding debt.

                        If you are experiencing financial difficulties we would suggest you contact a DMC such as CAB blah blah blah blah
                        Last edited by Spent2much; 23 November 2012, 14:58.
                        _______________________________________



                        Comment


                        • Re: spent2much UE diary

                          Type of account (overdraft)mine

                          Date commenced (2003)

                          Approx balance (£248)

                          Date last paid (22 June 2012)

                          Are you on an arrangement plan not paying (was on dmp now stopped paying)

                          Status (default/cca being sent )

                          Account owner (HBOS)

                          received today 26/10/2012

                          Repayment Plan Arrears £***

                          We are contacting you about the above account as the repayment plan you agreed is still overdue.

                          We have previously reminded you about the money you owe and you must pay the amount outstanding straight away. You can do this by calling the number above .
                          If you do not pay the outstanding amount to bring your account back on track withing 10 days from the date of this letter your account will fall further into arrears, This could result in your repayment plan being cancelled and the full balance of £*** will be due.

                          If you are exprincing financial difficulties we would suggest you contact a Debt Management Company company such as CAB or cccs . They are fee organisations who will assist you by offering independant advice on your situation.





                          Originally posted by Spent2much View Post
                          update



                          14/11/2012

                          It is essential that ou telephone BLS Collections on 0845 600 3238 TODAY

                          yours sincerely

                          BLS Collections Departemtn

                          PLEASE ENSURE REGULAR PAYMENTS ARE MAINTAINED TO AVOID FURTHER ACTION BEING TAKEN

                          PLEASE NOTE THAT OUR TELEPHONE LINES ARE OPEN MONDAY TO FIRDAY 8am to 7.30pm and SATURDAYS 8am to 4pm
                          update


                          23/11/2012

                          BLS

                          Repayment plan arrears £***

                          We have tried several times to contact you regarding the arrears on the above account.

                          Unless the outstanding arrears amount reaches us within 10 days from the date of this letter your replayment plan will be cancelled and the full balance of £248.46 will be due. You can make a payment today by calling us on the above telephone number.

                          Failure to contact us may result in:-

                          1) Your account being passed to our legal department and court proceedings raised against you.
                          Or
                          2) Your account being passed to one of our local door -to-door collections agents who may call at your address to discuss the outstanding debt.

                          If you are experiencing financial difficulties we would suggest you contact a DMC such as CAB blah blah blah blah
                          Last edited by Spent2much; 23 November 2012, 14:58.
                          _______________________________________



                          Comment


                          • Re: spent2much UE diary

                            Type of account (overdraft)husband's

                            Date commenced (2003)

                            Approx balance (£525)

                            Date last paid (22 June 2012)

                            Are you on arrangement or not paying (was on dmp now stopped paying)

                            Status (default/cca being sent )

                            Account owner (HBOS) think it was originally with Loydstsb

                            received today 26/10/2012


                            Repayment Plan Arrears £***

                            We are contacting you about the above account as the repayment plan you agreed is still overdue.

                            We have previously reminded you about the money you owe and you must pay the amount outstanding straight away. You can do this by calling the number above .
                            If you do not pay the outstanding amount to bring your account back on track withing 10 days from the date of this letter your account will fall further into arrears, This could result in your repayment plan being cancelled and the full balance of £*** will be due.

                            If you are exprincing financial difficulties we would suggest you contact a Debt Management Company company such as CAB or cccs . They are fee organisations who will assist you by offering independant advice on your situation.





                            Originally posted by Spent2much View Post
                            update

                            14/11/2012

                            It is essential that ou telephone BLS Collections on 0845 600 3238 TODAY

                            yours sincerely

                            BLS Collections Departemtn

                            PLEASE ENSURE REGULAR PAYMENTS ARE MAINTAINED TO AVOID FURTHER ACTION BEING TAKEN

                            PLEASE NOTE THAT OUR TELEPHONE LINES ARE OPEN MONDAY TO FIRDAY 8am to 7.30pm and SATURDAYS 8am to 4pm
                            update


                            23/11/2012

                            BLS

                            Repayment plan arrears £***

                            We have tried several times to contact you regarding the arrears on the above account.

                            Unless the outstanding arrears amount reaches us within 10 days from the date of this letter your replayment plan will be cancelled and the full balance of £525.20 will be due. You can make a payment today by calling us on the above telephone number.

                            Failure to contact us may result in:-

                            1) Your account being passed to our legal department and court proceedings raised against you.
                            Or
                            2) Your account being passed to one of our local door -to-door collections agents who may call at your address to discuss the outstanding debt.

                            If you are experiencing financial difficulties we would suggest you contact a DMC such as CAB blah blah blah blah
                            Last edited by Spent2much; 23 November 2012, 15:01.
                            _______________________________________



                            Comment


                            • Re: spent2much UE diary

                              Type of account (overdraft)joint

                              Date commenced (2003)

                              Approx balance (£935)

                              Date last paid (22 June 2012)

                              Are you on arrangement or not paying (was on dmp now stopped paying)

                              Status (default/cca being sent )

                              Account owner (HBOS)

                              received today 26/10/2012


                              Repayment Plan Arrears £***

                              We are contacting you about the above account as the repayment plan you agreed is still overdue.

                              We have previously reminded you about the money you owe and you must pay the amount outstanding straight away. You can do this by calling the number above .
                              If you do not pay the outstanding amount to bring your account back on track withing 10 days from the date of this letter your account will fall further into arrears, This could result in your repayment plan being cancelled and the full balance of £*** will be due.

                              If you are exprincing financial difficulties we would suggest you contact a Debt Management Company company such as CAB or cccs . They are fee organisations who will assist you by offering independant advice on your situation.



                              Originally posted by Spent2much View Post
                              update



                              14/11/2012

                              It is essential that ou telephone BLS Collections on 0845 600 3238 TODAY

                              yours sincerely

                              BLS Collections Departemtn

                              PLEASE ENSURE REGULAR PAYMENTS ARE MAINTAINED TO AVOID FURTHER ACTION BEING TAKEN

                              PLEASE NOTE THAT OUR TELEPHONE LINES ARE OPEN MONDAY TO FIRDAY 8am to 7.30pm and SATURDAYS 8am to 4pm
                              update

                              23/11/2012

                              BLS

                              Repayment plan arrears £***

                              We have tried several times to contact you regarding the arrears on the above account.

                              Unless the outstanding arrears amount reaches us within 10 days from the date of this letter your replayment plan will be cancelled and the full balance of £935.06 will be due. You can make a payment today by calling us on the above telephone number.

                              Failure to contact us may result in:-

                              1) Your account being passed to our legal department and court proceedings raised against you.
                              Or
                              2) Your account being passed to one of our local door -to-door collections agents who may call at your address to discuss the outstanding debt.

                              If you are experiencing financial difficulties we would suggest you contact a DMC such as CAB blah blah blah blah
                              Last edited by Spent2much; 23 November 2012, 15:02.
                              _______________________________________



                              Comment


                              • Re: spent2much UE diary

                                Originally posted by Spent2much View Post
                                Type of account (overdraft Lloydstsb) husband's

                                Date commenced (2003)

                                Approx balance (£520)

                                Date last paid (22 June 2012)

                                Are you on arrangement or not paying (was on dmp now stopped paying)

                                Status (default/cca being sent )

                                Account owner (moorcroft)

                                Letter from Moorcrof today, say they need a £1 before they can process mt request .
                                this is an overdraft account i thought no £1 payment was needed

                                14/11/2012

                                Our records show that we have not received a payment from you since 02/08/12.

                                We must therefore ask you to make an immediate payment to us or contact this office within the next 48 hours.

                                Unless payment of this amount is received in the next 7 days we may remommend to our client that we take further debt recovery action against you without further notice.

                                Neither we nor our client wish to take this step and if you call us on the above number we would be happy to agree a repayment plan that you can afford and maintain.

                                Any payment may be attached to this letter and made payable to Moorcroft debt Recovery Ltd.

                                Yours sincerely.
                                update
                                _______________________________________



                                Comment

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