spent2much UE diary

[Spent2much]

Re: spent2much UE diary

I honestly think this lot need carrying off to the funny farm – that letter of 01/10 is the most stupid thing I've read even from a DCA (it has plenty of competition).

So, having not accepted the £1 statutory fee because they couldn't pay it into a product when it obviously shouldn't be paid into a product in any case, and told you to send a cheque to someone else when they are administering the alleged account, so they could pay it into your loan which is a credit card when statutory fees are not paid into loans or credit cards, they now action the request and send you an alleged CCA.

I think I need to shove my arms in my trousers and learn to walk upside down.

Here's hoping this is UE, although if they don't know whether or not it has been assigned to them or whether it is a credit card, loan, or inflatable teddy bear, it might be worth blagging it in any case.

SH

EDIT : Ah! I see you've got the news that this is

Perhaps, judging by their performance so far, you should “reverse blag” it by telling them that it is enforceable. Then, they would start sending you a monthly payment!

Only joking, of course – Well done!

ha ha , love that made me laugh so much, but today i am in such a good mood i feel like the cat that got the cream

[Never-In-Doubt]

Re: spent2much UE diary



Some classics there SH

[Spent2much]

Re: spent2much UE diary

Re: spent2much UE diary
Type of account (credit card)husband's

Date commenced (2003)

Approx balance (£467

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 (Capitol one)

received 13/09/2012

I am writing to inform you that we have instructed Fredrickson International Litd to act on our behalf to arrange repayment of your Cap One account.

Fredrickson International Ltd will be able to help you find the right solution to repay your outstanding balance.

Fredrickson Internationl Ltd will be in contact with you shortly , however you can contact them anytime to discuss your account:

All contact and payments regarding your accout should no be with Fredrickson International Litd, If you have an existing standing order or direct debit you will need to cancel it and arrange payments with Fredrickson Internation Ltd.

received today 21/09/2012

Dear ******

DO NOT IGNORE
IMMEDIATE PAYMENT REQUIRED

We have been instructed by Capitol Onc (Europe)plc who have passed this account to us for collection of the outstanding balance. As we have been appointed as their agent you should now make sure you contact us and not Capitol One. We are authorised to contact you to secure replayment of the debt.

You have failed to pay the balance of £***.** which remains outstanding despite previous requests for payment.
(No attempts have been made so this is a lie )
Our client now requires payment in full to avoid further action.

YOU MUST CONTACT US IMMEDIATLEY ON 0845 ***** to discuss the matter further .


what now guys please

received today 06/10/2012

from Fredrickson International Limited.

They have referred the matter to their client and will revert to me as as they are in receipt of instructions.

In the meantime, w confrim that we have placed the account on hold.

update

received 10.10/2012

Thank you for your recent letter the content has been noted.

We confrim our client has complied with your request for a CCA on the 16the July

If you have any furthere queries regarding the prouduction of these documents you should refer this matter to our client direct.

we have not recveived any CCA only the updates which i have posted so far .

[Spent2much]

Re: spent2much UE diary

Type of account (loan in joint names)

Date commenced (2004)

Approx balance.( £1,957

Date last paid (22/06/2012)

Are you on arrangement or not paying (stopping dmp )

Status ( cca being sent, but sent them a sar request in 2008 and they never complied but we believe they took the £10 paid which was meant for the sar off the balance instead )

Account owner (citifinancial ) now with 1st credit

received today 24/09/2012

Legal proceedings being considered

We regret the sum detailed remains outstanding. We are considering issuing County Court proceedings against and any claim will include a claim for legal costs and interest.

If we obtain a judgement against you and it remains unpaid for 30 days it will be entered int he Register of Judgments, Orders and Fines, making i difficult to obtain credit at competitive rates .

Susequent failure to make payment of the judgement could result in enforcement action .

* an application to your employer for an attachment of earnings.
*an application for seizure of our assets by county court bailiff.
*an application for a charging order against your property (if owned by you)

we have not received anything in the form of a cca to the request sent in July so what should we do now please

received today 01/10/2012

pay within 7days YOU PAY 70% DISCOUNT OF 30%

niddy said to resend the cca request again, shall add that i sent this request on the 9/07/2012 with a £1.00 postal order ? shall simply just addd that bit in the letter ?

received today 06/10/2012

Another threat considering court proceedings.

I will resend the cca request on Monday , i won't include another £1 as they still have that from July

update

[Spent2much]

Re: spent2much UE diary

Re: spent2much UE diary
Type of account (credit card)husband's

Date commenced (2003)

Approx balance (£467

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 (Capitol one)

received 13/09/2012

I am writing to inform you that we have instructed Fredrickson International Litd to act on our behalf to arrange repayment of your Cap One account.

Fredrickson International Ltd will be able to help you find the right solution to repay your outstanding balance.

Fredrickson Internationl Ltd will be in contact with you shortly , however you can contact them anytime to discuss your account:

All contact and payments regarding your accout should no be with Fredrickson International Litd, If you have an existing standing order or direct debit you will need to cancel it and arrange payments with Fredrickson Internation Ltd.

received today 21/09/2012

Dear ******

DO NOT IGNORE
IMMEDIATE PAYMENT REQUIRED

We have been instructed by Capitol Onc (Europe)plc who have passed this account to us for collection of the outstanding balance. As we have been appointed as their agent you should now make sure you contact us and not Capitol One. We are authorised to contact you to secure replayment of the debt.

You have failed to pay the balance of £***.** which remains outstanding despite previous requests for payment.
(No attempts have been made so this is a lie )
Our client now requires payment in full to avoid further action.

YOU MUST CONTACT US IMMEDIATLEY ON 0845 ***** to discuss the matter further .


what now guys please

received today 09/10/2012

from Fredrickson International Limited.

They have referred the matter to their client and will revert to me as as they are in receipt of instructions.

In the meantime, w confrim that we have placed the account on hold.

update, if i have posted this twice can one of the mods delete it please and thank you

[Spent2much]

Re: spent2much UE diary

Type of account (credit card)husband's

Date commenced (2005) i put 2005 but they may be before this also

Approx balance.( £1,284.70

Date last paid (22/06/2012)

Are you on arrangement or not paying (stopping dmp )

Status ( cca being sent )

Account owner (1st credit ) original creditor citi financial.

received today 06/10/2012

Another threat considering court proceedings.

do I resend the cca request on Monday , i won't include another £1 as they still have that from July

update

11/10/2012 sent copy of cca and cover letter reminding them they haven't replied yet .

11/10/2012 received today

WE MATCH WHAT YOU PAY

You have been selected for this months offer .

Any payment you make in Oct-12 will be matched by 1st credit and deducted from your balance.

For example, if you pay £100 we will reduce your balance further.

13/10/2012
you pay 70% discount of 30%

[vint1954]

Re: spent2much UE diary

I would send them Our Templates | Unenforceability Templates | CCA Reminder - Unenforceability Threat

[Spent2much]

Re: spent2much UE diary

I would send them Our Templates | Unenforceability Templates | CCA Reminder - Unenforceability Threat

thank you i was thinking this also, will do this Monday

[Spent2much]

Re: spent2much UE diary

Type of account (credit card)mine

Date commenced (2003)maybe even before cannot remmeber

Approx balance (£8,530)

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 (Lloydstsb)


Type of account (credit card)mine

Date commenced (2003)maybe even before cannot remmeber

Approx balance (£8,530)

Date last paid (22 June 2012)Please send another cheque/postal order, made payable to Lloyds TSB (a/c HPES

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

Status (default/cca being sent )

Account owner (Lloydstsb)

received this from ltsb today 16/08/2012

Dear spent2much,

You recently sent us a payment for £1.00. Unfortunatley we are unable to accept this paymnt as:

- You have asked us pay into a product we do not manage

Please send another cheque/PO , made payable to LLoyds TSB (a/c HPES ) and quoting the loan agreement number, if you still wish to pay this money into your loan .

This isn't a loan it is a credit card , what are these muppets on about ?

anyone

received 13/09/2012

statement and balance .

If you do not pay off the full amount outstanding, we will allocate your payments to the outstanding balance in a specific order, which is set out below. The way in which payments are allocated can make a significant difference to the amount of interest you will pay until the balance is cleared completley.

Allocation of payments.
Since no interest or charges are being applied to your account, your payment will be used to pay off your aoutstanding balance.

Dispute resolution

If you have a problem with your agreement, please try and settle it with us in the first instance. If you are not happy with the way in which we handled your complaint or the result, you may be able to complain to the Ombudsman. We will provide details of how to contact the Ombudsman.

letter received today 18/09/2012

Your payments are in arrears and a payment of £*** is required.

You are reminded that in order to avoid further action, payments must be made on the due date previously agreed under the instalment plan.

If you are unable to make these payments , please complete and return the questionaire overleaf within ten days to enable us to assess your situation.

IF YOU HAVE MADE PAYMENT WITHIN THE LAST 7 WORKING DAYS. PLEASE IGNORE THIS LETTER.

so what should i do now, they have not attempted to send me the cca which i requested , but they sent the £1 back last month and said they cannot pay into this account as they don't have the facility to do so, i sent another letter and wrote on the cheque 'for cca purpose only ' back to them and they have ignored it so it seem



received today 20/09/2012

Dear Mrs, ***

IMPORTANT INFORMATION-WE'RE MAKING A CHANGE TO YOUR CREDIT CARD AGREEMENT WITH US.

from 1st November2012 we're changing your credit card agreement with us and adding a new condition to your existing terms and conditions.

It's important we tell you about this change as your credit card account is currently in default and there's still a balance owing-although you have a repayment plan in place with us to reduce this.

We've included the condition below for you to read.

NEW CONDITION - 15.8

If we owe you any money in connection with any transactions, interest or charges on your account we may use that money to reduce any arrears you owe under this agreement. If we intend to do this we will tell you when we offer to make a payment to you. We shall also follow any relevant guidance in a Code of Practice that applies to us, or as requied by our regulator or another similar body.

There;s no need for you to do anything else, but if you would like more information on this change, you can call us on 0845 603 5493

cca reminder sent 24/09/2012


received today 1/10/2012

You recently sent us a payment for £1.00 Unfortunatley we are unable to appcept this as:

-You have asked us to pay into a product we do not manage.

Please send another cheque/postal order, made payable to Lloyds TSB (a/c HPES and quoting the loan agreement number, If you wish to pay this money into your loan.

If you have any queries about hsi please call me . My number is at top of this letter.

They have returned the postal order once again and my letters requesting the CCA for credit card which they think is a loan .

received today 04/10/2012

they have sent what they say is a cca , i have sent it to niddy to look at

update

what do i send to Tsb then please and thank you


I have just looked on payplanplus as i am dumping them , but wanted to copy and paste all the info they have on our accounts and i noticed that this account is showing it is now in the hands of Cabot Financial (Europe) Ltd. I haven't had a letter saying they had assigned this account to them and it is also set as (priority) now i hope they haven't got a ccj without me being informed ?

[Spent2much]

Re: spent2much UE diary

Re: spent2much UE diary
Type of account (credit card)husband's

Date commenced (2003)

Approx balance (£467

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 (Capitol one)

received 13/09/2012

I am writing to inform you that we have instructed Fredrickson International Litd to act on our behalf to arrange repayment of your Cap One account.

Fredrickson International Ltd will be able to help you find the right solution to repay your outstanding balance.

Fredrickson Internationl Ltd will be in contact with you shortly , however you can contact them anytime to discuss your account:

All contact and payments regarding your accout should no be with Fredrickson International Litd, If you have an existing standing order or direct debit you will need to cancel it and arrange payments with Fredrickson Internation Ltd.

received today 21/09/2012

Dear ******

DO NOT IGNORE
IMMEDIATE PAYMENT REQUIRED

We have been instructed by Capitol Onc (Europe)plc who have passed this account to us for collection of the outstanding balance. As we have been appointed as their agent you should now make sure you contact us and not Capitol One. We are authorised to contact you to secure replayment of the debt.

You have failed to pay the balance of £***.** which remains outstanding despite previous requests for payment.
(No attempts have been made so this is a lie )
Our client now requires payment in full to avoid further action.

YOU MUST CONTACT US IMMEDIATLEY ON 0845 ***** to discuss the matter further .


what now guys please

received today 06/10/2012

from Fredrickson International Limited.

They have referred the matter to their client and will revert to me as as they are in receipt of instructions.

In the meantime, w confrim that we have placed the account on hold.

update

received 10.10/2012

Thank you for your recent letter the content has been noted.

We confrim our client has complied with your request for a CCA on the 16the July

If you have any furthere queries regarding the prouduction of these documents you should refer this matter to our client direct.

we have not recveived any CCA only the updates which i have posted so far .

update

received 10.10/2012

Thank you for your recent letter the content has been noted.

We confrim our client has complied with your request for a CCA on the 16the July

If you have any furthere queries regarding the prouduction of these documents you should refer this matter to our client direct.

we have not recveived any CCA only the updates which i have posted so far .

update

received this today 16/10/2012

Thank you for writing back to me about your request for us to provid you with a true copy of your credit agreement.

We have previously provided you with a copy of your defaulted terms and conditions and a reconstituted copy of your original agreement. You were also provided with a statement of your account. Therefore, we have fully complied with the requirements of S78 of the consumer credit act.

I acknowledge your reference to section 127(3) which, in summation means that a court will not make an enforcement order unless the agreement was signed by the debtor. As confrimed by the Judgment of His Honour Judge Waksman QC in Carey v HSBC[2009]3417(Q) providing a reconstituted copy of your client's agreement. His Honour Judge Waksman also confirmed that pursuant to Regulation 3(1) of the consumer credit (cancellation notices and copies of documents)Regulations 1983 the signature box, signatre and date of signature may aslo be omitted from any copy agreement provided.

Furthermore prior to signature your clint was provided with a full copy of the trms of the origianl agreement to keep and was sent a further copy of their origianl agreement with their first crdit card.

As we have complied with our obligations under s78, we will not be entering into any further correspondence regarding the provision of copy agreements. Your agreement is enforceable and we will to treat it as such.

You advise the agreement is not enforceable. I refer you to the decisions of Mr Justice Flaux in McGuffick v HSBC[2009]EWHC 2385 (Comm)
(McGiffick') and HH Judge Waksman in Carey v-HSBC [2009]EWHC 3147 (QB) (Care).

It was clearly established in McGuffick that the following steps do not amount to enforcement.

Reporting or threatening to report information of a credit agreement to a credit reference agency;

Passing on, or threatening to pass on, personal data in respect of a credit agreement;
Demanding payment from a debtor;

issuing a default notice;
istructing a third party to demand payment or otherwise to seek to procure payment,

threatening legal action ; and
bringing legal proceedings.

THIS JUST GOES ON AN ON ABOUT THE CAREY CASE .

SO NOW WHAT, CAP ONE HAVEN'T SENT US ANY TERMS AND CONDITIONS OR STATEMENTS OR ANYTHING THAT RESEMBLES A CCA .

22/10/2012 Received a post card much like a voting card today with the following on it .

CONFIRMED RESIDENT

capital One (Europe) plc

This account is seriously in arrears and you have failed to reply to correspondence or make a payment arrangement despite trace enquiries showing you as living at this address.
Contact us now on0845 8396196 to arrange a payment or your account will passed to solicitors with authorisation to proceed with immediate litigation procedeeings against you at the above address .

FREDRICSON INTERNATION LTD



received 25/10/2012

We refer to your recent communication.

Please note that we are no longer instructed in connection with this matter and have returned the account to our client.

yours sincerely

fredrickson International Ltd.

[ScabHunter]

Re: spent2much UE diary

If you have any furthere queries regarding the prouduction of these documents you should refer this matter to our client direct.

Cobblers.

If they are chasing you for an alleged debt then it is their responsibility to ensure compliance with the regulations, even if they are only equitable assignees.

It seems as though they need to be reminded of this, as well as the fact that no compliant agreement has in fact been received.

SH

[Spent2much]

Re: spent2much UE diary

When Niddy said it was UE, didn't he say to send the missing PTs template? That's normally what you'd send when you get a UE CCA.

Our Templates | Unenforceability Templates | CCA Query - Missing Prescribed Terms

i don't think he did but i will send the missing pt's template letter , thank you

[Spent2much]

Re: spent2much UE diary

Type of account (loan HP )
joint
Date commenced (2005)

Approx balance (£3,070)

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 (black horse) dca need to find details

received 19/07/2012 letter saying they have sent for the cca and will send when they have it

received 29/09/2012 received copy of cca sent to niddy

received back from niddy 03/10/2012

update

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 HIGHR PURCHASE AGREEMENT?
.DO YOU DENY EVER RECEIVING GOODS?
.DO YOU DENY EVER RECEIVING STATMENTS 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.

[vint1954]

Re: spent2much UE diary

update

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

That would be the missing terms letter, if that is why Niddy said it was UE

[Spent2much]

Re: spent2much UE diary

That would be the missing terms letter, if that is why Niddy said it was UE

Niddy said if they added the charges to the loan then they should have different set of terms and conditions which there is not .