The SaltnVinegar UE Diary

[ScabHunter]

Re: The SaltnVinegar UE Diary

Hi All

I have received a response back from Wescot regards my CCA. They have a single page with a signature on it. From the UE thread it looks like it may be



However I will send it to Niddy to make sure!

There is another avenue I think I could explore with this. Black Horse were slapping extortionate charges on this account for many months before I finally defaulted. There is a possibility of arguing the charges were unfair as if memory serves they were approx £30 a time.

Best
SnV

Wasteclot and Nelson Gits are so useless I would just blag it with a missing PTs letter whether it is enforceable or not. They never know the difference so why should anyone else?

The other arguments are perfectly valid, but keep them in reserve for when they might be needed.

SH

[SaltnVinegar]

Re: The SaltnVinegar UE Diary

Black Horse:

• Type of account - Personal Loan
  
  
• Date commenced - Pre April 2007
  
  
• Approx balance - Approx £1200
  
  
• Date last full payment - Feb/March 2010?
  
  
• Are you on arrangement or not paying - Arrangement (stopped DMP payments July 2012)
  
  
• Status - Defaulted, but can't remember getting a DN
  
  
• Account owner - Wescot

Blue - Communication Sent
Red - Communication Received

10/8/2012 - Notice of arrears received
20/8/2012 - Letter from Nationwide Collection Services Limited stating that I am overdue a payment on my payment arrangement
21/8/2012 - Payment break letter sent
29/8/2012 - Letter from Black Horse stating that they will reduce interest on agreement to 0%
3/9/2012 - Letter from Wescot introducing themselves
14/9/2012 - Letter from Wescot with I/E form asking me to complete to allow them to assess my ability to pay the debt
6/10/2012 - Letter from Wescot that they have established I live at my address and they may take further collection activity
24/10/2012 - Letter from Nelson Guest & Partners Solicitors
29/10/2012 - CCA Request sent to Wescot
1/12/2012 - CCA response from Wescot

Hi All

I have received a response back from Wescot regards my CCA. They have a single page with a signature on it. From the UE thread it looks like it may be



However I will send it to Niddy to make sure!

There is another avenue I think I could explore with this. Black Horse were slapping extortionate charges on this account for many months before I finally defaulted. There is a possibility of arguing the charges were unfair as if memory serves they were approx £30 a time.

Best
SnV

[The Tech Clerk]

Re: The SaltnVinegar UE Diary

The May be!s etc

[SaltnVinegar]

Re: The SaltnVinegar UE Diary

Halifax/IF:

• Type of account - Credit Card
  
  
• Date commenced - Years and years ago!
  
  
• Approx balance - Approx £800
  
  
• Date last full payment - Unknown
  
  
• Are you on arrangement or not paying - Not paying (already established UE)
  
  
• Status - Defaulted though no DN received
  
  
• Account owner - Capquest
  

Key:
Blue - Communication Sent
Red - Communication Received

2/5/2012 - CCA Request Sent
7/6/2012 - Letter from Halifax/If stating that they cannot find my credit agreement and will not try to enforce the agreement while they try to find it
June 2012 - Numerous letters from Wescot making threats
2/7/2012 - Letter to Wescot - Account Sold While In Dispute
7/10/2012 - Letter from Halifax/If stating account transferred to Capquest
19/10/2012 11:05 - Telephone call from Capquest
25/10/2012 - Introduction letter from Capquest
26/10/2012 - Letter to Capquest - Account Sold While In Dispute
26/10/2012 08:50 - Telephone call from Capquest
29/10/2012 - Letter to Capquest - Telephone harassment at work letter
2/11/2012 - Letter from Capquest asking for £1 for CCA request!
13/11/2012 14:38 - Telephone call from Capquest
17/11/2012 - Threat-O-Gram from Capquest
21/11/2012 - Letter to Capquest - Our Templates | Unenforceability Templates | Final Response - Unenforceability (No CCA Received)
1/12/2012 - Letter from Howard Cohen Solicitors stating that court action may be taken

Hi All

Looks like another standard 'threat-o-gram' to me! I think I'll leave it a few days to respond to this. I have 14 days so will drag this out for a little while before I remind them (again) that their client has already admitted that they cannot enforce this agreement..........

Seems that Capquest haven't got the message yet that their client does not have an enforceable agreement. Letter received over the weekend from Howard Cohen Solicitors (Capitalisation and words in bold as per their letter, just for effect

"Capquest Debt Recovery has appointed us on behalf of Intelligent Finance.

TAKE NOTICE THAT unless this account is paid in full or a satisfactory proposal for settlement is received by xx Dec 12 Court proceedings may be issued against you without further notice.

In the event that proceedings are necessary, the following costs will be added to the debt:

Court Costs: £55
Solicitors Costs £70

In the event that judgement is obtained against you, enforcement action will result in further costs and fees being added.

Your payment must be sent, without delay, to the address shown below. All cheques and postal orders should be made payable to Capquest Debt Recovery Limited. Alternatively you can make a card payment by calling the number shown below or by visiting our clients website.

If you wish to discuss this matter you must contact our client direct.

Court proceedings may involve you paying costs and will make it difficult for you to get credit if judgement is obtained against you."

[SaltnVinegar]

Re: The SaltnVinegar UE Diary

This is the next one to send in a little while.

http://www.all-about-debt.co.uk/temp...lity/s1-t2.php

You will need to edit the last para as you have already stopped paying.

Thanks Vint. Its always nice to put the creditors on the back foot!

[SaltnVinegar]

Re: The SaltnVinegar UE Diary

Payday Express:

• Type of account - Payday Loan
  
  
• Date commenced - Late 2009/Early 2010 (not sure exactly)
  
  
• Approx balance - Approx £400
  
  
• Date last full payment - Unknown
  
  
• Are you on arrangement or not paying - Arrangement (stopped DMP payments July 2012)
  
  
• Status - Defaulted but no DN received
  
  
• Account owner - Payday Express

Blue - Communication Sent
Red - Communication Received

26/11/2012 - Email from Payday Express saying its important that they speak to me

Blimey - well after many months of no contact I get an email from this lot saying they have been unable to contact me.

Well I don't respond to emails, they have my postal address, so until they write to me I will be ignoring them!

[vint1954]

Re: The SaltnVinegar UE Diary

Amex/UCA now in default of my CCA request.........

This is the next one to send in a little while.

http://www.all-about-debt.co.uk/temp...lity/s1-t2.php

You will need to edit the last para as you have already stopped paying.

[SaltnVinegar]

Re: The SaltnVinegar UE Diary

American Express:

• Type of account - Credit Card
  
  
• Date commenced - Not sure approx Sept 2007
  
  
• Approx balance - Approx £2900
  
  
• Date last full payment - March/April 2010?
  
  
• Are you on arrangement or not paying - Arrangement (stopped DMP payments July 2012)
  
  
• Status - Default notice received
  
  
• Account owner - UCA (Another 'face' of American Express)
  

Key:
Blue - Communication Sent
Red - Communication Received

16/8/2012 - Letter from RMA offering their 'free' debt management services though I have to phone them
21/8/2012 - Payment break letter sent
7/9/2012 - Letter from RMA that account may be passed to 'normal collections'
6/10/2012 - Letter from RMA stating my account will be passed to mainstream collections
11/10/2012 - Letter from Amex stating my account is being passed to an external DCA (UCA)
16/10/2012 - Letter from UCA
18/10/2012 09:54 - Telephone call from UCA
29/10/2012 - Payment break letter sent to UCA
29/10/2012 - CCA Request sent to UCA
6/11/2012 - Letter from UCA

Amex/UCA now in default of my CCA request.........

[SaltnVinegar]

Re: The SaltnVinegar UE Diary

That's what I would send............

Thanks I2D - Will print it off and get it sent on Monday.

I think Cwapquest are just clutching at straws tbh. The OC has broadsided them by admitting the account is UE and have left them to try to salvage something out of it.

If Cwapquest had really paid attention to my credit file, then they would have seen that its completely trashed already and should have come to a conclusion that credit is something I am not likely to obtain, or apply for, in the next 6 years CCJ or not! The number of defaults would have told them that

[Deepie]

Re: The SaltnVinegar UE Diary

Received the following from Capquest today:

Prior to the start of legal proceedings various checks and validations are undertaken to establish facts around your current circumstances.

During this process it has been established that there are no outstanding County Court Judgements (CCJ's) registered against you at the above address.

We are highlighting this to you as a matter of urgency. If we need to start the legal process and a Judgement is awarded against you, this may have a damaging affect on your ability to obtain credit, both now and in the future, as a Judgement will remain on your file for six years and may affect your credit score.

A Judgement may have a damaging affect on your ability to obtain credit, both now and in the future and may result in you being refused simple credit agreements, such as a mobile phone contract. A more serious consequence may be when applying for mortgages, credit cards or loans with acceptable interest rates, a CCJ registered against you will restrict the opportunities to get the most cost effective option available.

We are not seeking an immediate payment in full; we can offer many repayment methods that can be designed around your current circumstances, which may include possible settlements that will save you money. All we ask is that you make contact on 0844 249 9495 before xx/xx/xx. No contact by this date will result in your account moving forward to litigation.

Lets work on this together.

No seriously - their letter really did say 'lets work on this together'.

So considering this account is UE, and has been confirmed as such by the OC, what would be the best response to this. Bear in mind that Capquest were informed of this on 26/10/12, and were also sent a copy of the letter from the OC confirming that they do not have a copy of the CCA and will not be seeking enforcement.

I was thinking the following from the Template library:

Our Templates | Unenforceability Templates | Final Response - Unenforceability (No CCA Received)

That's what I would send............

[SaltnVinegar]

Re: The SaltnVinegar UE Diary

Have you sent a CCA

Shop Direct are not exactly great at recordkeeping, paperwork, rules, guidelines, decent business practice........................

Hi Mrs D

I haven't yet, so guess thats the next thing to do.

I suspect though that it will come back but you're right, if I don't send off a CCA request I will never know.

[SaltnVinegar]

Re: The SaltnVinegar UE Diary

Halifax/IF:

• Type of account - Credit Card
  
  
• Date commenced - Years and years ago!
  
  
• Approx balance - Approx £800
  
  
• Date last full payment - Unknown
  
  
• Are you on arrangement or not paying - Not paying (already established UE)
  
  
• Status - Defaulted though no DN received
  
  
• Account owner - Capquest
  

Key:
Blue - Communication Sent
Red - Communication Received

2/5/2012 - CCA Request Sent
7/6/2012 - Letter from Halifax/If stating that they cannot find my credit agreement and will not try to enforce the agreement while they try to find it
June 2012 - Numerous letters from Wescot making threats
2/7/2012 - Letter to Wescot - Account Sold While In Dispute
7/10/2012 - Letter from Halifax/If stating account transferred to Capquest
19/10/2012 11:05 - Telephone call from Capquest
25/10/2012 - Introduction letter from Capquest
26/10/2012 - Letter to Capquest - Account Sold While In Dispute
26/10/2012 08:50 - Telephone call from Capquest
29/10/2012 - Letter to Capquest - Telephone harassment at work letter
2/11/2012 - Letter from Capquest asking for £1 for CCA request!
13/11/2012 14:38 - Telephone call from Capquest
17/11/2012 - Threat-O-Gram from Capquest

Received the following from Capquest today:

Prior to the start of legal proceedings various checks and validations are undertaken to establish facts around your current circumstances.

During this process it has been established that there are no outstanding County Court Judgements (CCJ's) registered against you at the above address.

We are highlighting this to you as a matter of urgency. If we need to start the legal process and a Judgement is awarded against you, this may have a damaging affect on your ability to obtain credit, both now and in the future, as a Judgement will remain on your file for six years and may affect your credit score.

A Judgement may have a damaging affect on your ability to obtain credit, both now and in the future and may result in you being refused simple credit agreements, such as a mobile phone contract. A more serious consequence may be when applying for mortgages, credit cards or loans with acceptable interest rates, a CCJ registered against you will restrict the opportunities to get the most cost effective option available.

We are not seeking an immediate payment in full; we can offer many repayment methods that can be designed around your current circumstances, which may include possible settlements that will save you money. All we ask is that you make contact on 0844 249 9495 before xx/xx/xx. No contact by this date will result in your account moving forward to litigation.

Lets work on this together.

No seriously - their letter really did say 'lets work on this together'.

So considering this account is UE, and has been confirmed as such by the OC, what would be the best response to this. Bear in mind that Capquest were informed of this on 26/10/12, and were also sent a copy of the letter from the OC confirming that they do not have a copy of the CCA and will not be seeking enforcement.

I was thinking the following from the Template library:

Our Templates | Unenforceability Templates | Final Response - Unenforceability (No CCA Received)

[MrsD]

Re: The SaltnVinegar UE Diary

Have you sent a CCA

Shop Direct are not exactly great at recordkeeping, paperwork, rules, guidelines, decent business practice........................

[SaltnVinegar]

Re: The SaltnVinegar UE Diary

Littlewoods (Shop Direct):

• Type of account - Catalogue Account
  
  
• Date commenced - Early/Mid 2007 (not sure exactly)
  
  
• Approx balance - Approx £750
  
  
• Date last full payment - August 2010?
  
  
• Are you on arrangement or not paying - Arrangement (stopped DMP payments July 2012)
  
  
• Status - Default notice received
  
  
• Account owner - Lowell

Key:
Blue - Communication Sent
Red - Communication Received

13/8/2012 - Letter received from Lowell asking what they can do to help
21/8/2012 - Payment break letter sent
13/8/2012 - Letter received from Lowell demanding payment in full or £30 a month
3/9/2012 - Letter from Lowell suspending collection
2/11/2012 - Letter from Lowell asking me to contact them to make a payment arrangement
15/11/2012 - Letter from Lowell demanding payment in full

Letter from Lowell saying as they have not heard from me they may have to search files with the CRA's to assess their next course of action which may be to send my account to a doorstep collector or court.

Good luck to them searching my credit file!

I think this one is likely to not be UE, so think I need to tackle this from an unlawful/unreasonable charges and try to get the balance reduced and go for a F&F (£12 for not being able to contact me by phone for example. I don't recall anything being said that Shop Direct had to be able to contact me by phone, and if they couldn't they could charge me!)

[SaltnVinegar]

Re: The SaltnVinegar UE Diary

Have you seen this-----> Harassment by Telephone - Threat of Legal Action

Thanks I2D I hadn't. I will send that off.

I liked the idea of Capquest having to pay me money and the roles reversed, as a result of their harassment. Sort of poetic justice