The SaltnVinegar UE Diary

[SaltnVinegar]

Re: The SaltnVinegar UE Diary

Quick Quid:

• Type of account - Payday Loan
  
  
• Date commenced - Late 2009/Early 2010 (not sure exactly)
  
  
• Approx balance - Approx £750
  
  
• Date last paid - Unknown
  
  
• Are you on arrangement or not paying - Not paying
  
  
• Status - Defaulted but no DN received
  
  
• Account owner - Waiting on DCA

Key:
Blue - Communication Sent
Red - Communication Received

17/7/2012 - Letter received from ArcEurope Limited threatening pay up in 10 days or we will take you to court.
25/7/2012 - Email from ArcEurope stating that the account has been transferred to them for collection
4/8/2012 - LBA from Trevor Munn Solicitors giving me 10 days to pay up or they will make an application for CCJ

Hi All

Received a letter before action from Trevor Munn solicitors today. Content as follows:

On instructions of our client (ARC Europe) ltd, we can now take steps to issue a claim against you in the Northampton County Court, for the recovery of the above debt.

We have been instructed to prepare a County Court Claim in ten days from the date of this letter unless we receive either payment in full or a substantial payment and a firm commitment to clear the remaining balance.

If it is necessary to take this step our client is entitled under County Court Act 1984 to charge interest on the outstanding amount at the rate of 8% p/a. In addition you may be liable for court costs of £125.

If the claim is issued and the debt still remains unpaid, we will then seek to obtain judgement against you, which will then be registered as a County Court Judgement. This information will also be registered with the credit reference agencies and it will remain registered for 6 years, even if the judgement amount is paid. This may seriously affect your ability to obtain credit in the future.

To avoid this action send a payment TODAY made payable to ARC Europe ltd, quoting the above reference number on the reverse.

[SaltnVinegar]

Re: The SaltnVinegar UE Diary

Hi All

Received a letter before action from Trevor Munn solicitors today. Content as follows:

On instructions of our client (ARC Europe) ltd, we can now take steps to issue a claim against you in the Northampton County Court, for the recovery of the above debt.

We have been instructed to prepare a County Court Claim in ten days from the date of this letter unless we receive either payment in full or a substantial payment and a firm commitment to clear the remaining balance.

If it is necessary to take this step our client is entitled under County Court Act 1984 to charge interest on the outstanding amount at the rate of 8% p/a. In addition you may be liable for court costs of £125.

If the claim is issued and the debt still remains unpaid, we will then seek to obtain judgement against you, which will then be registered as a County Court Judgement. This information will also be registered with the credit reference agencies and it will remain registered for 6 years, even if the judgement amount is paid. This may seriously affect your ability to obtain credit in the future.

To avoid this action send a payment TODAY made payable to ARC Europe ltd, quoting the above reference number on the reverse.

Hi All

So I don't think this is one letter I can ignore. So my initial thoughts are this:

1) How can Arc Europe make a claim against me? As far as I am aware they were not given absolute assignment for the debt, and I have received no notice of assignment (other than an email).

2) I have never received a default notice either from Quickquid or Arc Europe so any claim would be an abuse of process

Whats the best way to respond to this? I'm thinking something like I posted earlier:

Please be advised that the account with your client is in serious dispute with regards to the matters detailed further below. I respectfully advise that you refer this account back to your client to address the matters raised forthwith:

Quickquid, whom your client represents, has been advised on NUMEROUS occasions that I am on a debt management plan with advise from the CCCS. Your client has refused to accept the payment offer proposed, have had complete disregard for the Common Financial Statement provided to them, and have not provided any reason why they rejected this proposal. I should remind you that this immediately places them in breach of guidelines issued by the Office of Fair Trading in relation to debt collection, and also the Lending Code

Quickquid received THREE postal order payments in relation to the above account which were not then paid to the account.

Quickquid made claims that they had not received these payments, yet they were sent by recorded delivery, and the Post Office have confirmed that the postal orders have been cashed. Your client has refused to respond to any correspondence on this matter, therefore the amount you claim is outstanding is inaccurate.

Quickquid and your client has failed to supply an annual statement of account as required by them under the Consumer Credit Act 1974.

Neither Quickquid or your client has issued a Default Notice to me, as required by them under the Consumer Credit Act 1974.

Bother Quickquid and your client continually makes claims that I have failed to contact them. However, as previously stated they have been informed on numerous occasions of my debt management plan, correspondence of which they have responded to. Such claims questions your clients integrity and honesty in respect to their claims and communication.

I would remind you and your client of the requirements made of you under the Consumer Credit Act 1974, and the Unfair Relationships Provisions of that Act.

I would also remind you of your obligations under CPR and your clients previous conduct all of which would be brought to a courts attention, should your client seek redress via court proceedings.

However I trust that this matter can be resolved amicably, but require your client to seriously address all the issues raised in this letter.

[SaltnVinegar]

Re: The SaltnVinegar UE Diary

Hi All

Quick bump as I'd like to get a response sent tomorrow to try and get this lot back under the rock they crawled from!

Cheers
SnV

[SaltnVinegar]

Re: The SaltnVinegar UE Diary

Hi All

So I don't think this is one letter I can ignore. So my initial thoughts are this:

1) How can Arc Europe make a claim against me? As far as I am aware they were not given absolute assignment for the debt, and I have received no notice of assignment (other than an email).

2) I have never received a default notice either from Quickquid or Arc Europe so any claim would be an abuse of process

Whats the best way to respond to this? I'm thinking something like I posted earlier:

Please be advised that the account with your client is in serious dispute with regards to the matters detailed further below. I respectfully advise that you refer this account back to your client to address the matters raised forthwith:

Quickquid, whom your client represents, has been advised on NUMEROUS occasions that I am on a debt management plan with advise from the CCCS. Your client has refused to accept the payment offer proposed, have had complete disregard for the Common Financial Statement provided to them, and have not provided any reason why they rejected this proposal. I should remind you that this immediately places them in breach of guidelines issued by the Office of Fair Trading in relation to debt collection, and also the Lending Code

Quickquid received THREE postal order payments in relation to the above account which were not then paid to the account.

Quickquid made claims that they had not received these payments, yet they were sent by recorded delivery, and the Post Office have confirmed that the postal orders have been cashed. Your client has refused to respond to any correspondence on this matter, therefore the amount you claim is outstanding is inaccurate.

Quickquid and your client has failed to supply an annual statement of account as required by them under the Consumer Credit Act 1974.

Neither Quickquid or your client has issued a Default Notice to me, as required by them under the Consumer Credit Act 1974.

Bother Quickquid and your client continually makes claims that I have failed to contact them. However, as previously stated they have been informed on numerous occasions of my debt management plan, correspondence of which they have responded to. Such claims questions your clients integrity and honesty in respect to their claims and communication.

I would remind you and your client of the requirements made of you under the Consumer Credit Act 1974, and the Unfair Relationships Provisions of that Act.

I would also remind you of your obligations under CPR and your clients previous conduct all of which would be brought to a courts attention, should your client seek redress via court proceedings.

However I trust that this matter can be resolved amicably, but require your client to seriously address all the issues raised in this letter.

Bump again guys sorry. Shall I send the above?

Cheers
SnV

[SaltnVinegar]

Re: The SaltnVinegar UE Diary

Hi All - sorry to keep bumping! Some thoughts on the above would be good before I send a response today.

I think the above letter will be fine, as the account is seriously in dispute, but just want to check I'm not making an error!

Cheers
SnV

[Undercover Elsa]

Re: The SaltnVinegar UE Diary

Hi SnV,
It's a good letter, the only thing I personally wouldn't mention is the Default Notice and Annual Statements of account.
I'd keep them under your hat as first line of defense if they did issue a claim. If you inform them now it's easy for them to rectify, which you don't want.
Maybe just say there are other statutory errors which would make any claim fail in court.
Might be an idea to enclose copies of your proof of payment.


Knowing Quick Quid's reputation, you might actually have a better chance of coming to a reasonable arrangement with Arc in the long run. I might be wrong but I doubt they'd actually go anywhere near a court with this...the PDL interest rates are notorious and frowned upon.

Elsa x

[vint1954]

Re: The SaltnVinegar UE Diary

Hi S&V,

You may want to be a little more robust.

Assuming that you are not going down the UR route, I have altyered your letter a little. Maybe:

Further to your letter dated xxxxxxxxxxx, please be advised that the account referred to above, is in serious dispute and has been since xxxxxxxxxxx.

Your client has continually failed to respond to my numerous communications, especially those relating to THREE postal order payments sent xxxxxxx in relation to the above account. These payments have yet to be credited to the account.

Quickquid continue to contend that they had not received these payments, despite the fact that all three payments were sent by Royal Mail recorded delivery, received by your client on xxxxxxxxxxxxx. The Post Office have confirmed that the postal orders have been cashed. Your client has unreasonably refused to respond to any correspondence on this matter.

Your client has been advised on numerous occasions, that I am currently on a debt management plan with advice from CCCS. Your client has continually refused to accept the payment offer proposed under this plan and have had complete disregard for the Common Financial Statement provided to them, and have failed to provide any reason why theyhave rejected this proposal. I should remind you that their actions immediately places them in breach of guidelines issued by the Office of Fair Trading in relation to debt collection, and also the Lending Code

Your clients claims that I have failed to contact them, is utter nonsense. As I have previously stated, they have been informed on numerous occasions of my debt management plan. Your client has actually responded to these communications, so to suggest that I have failed to remain in contact is untruthful.

Any legal action will be considered unlawful and vexatious and will be vigorously defended.

I would suggest that you refer this account back to your client to address the matters raised forthwith:


Others will comment.

[Never-In-Doubt]

Re: The SaltnVinegar UE Diary

Mate if no DN and no TN or no NoA - then let em issue a claim and defend it.

Idiots!!! Don't let this worry you. If they have not followed process their claim will fail.

[Never-In-Doubt]

Re: The SaltnVinegar UE Diary

ps your letter is way too open. You're telling them how to put it right before suing you.

Are you mad?

[Undercover Elsa]

Re: The SaltnVinegar UE Diary

My point exactly, but much more succinctly put by Niddy!

[SaltnVinegar]

Re: The SaltnVinegar UE Diary

Hi All

A huge thank you for all the input. So something like this:

Dear nice happy chappy DCA and inhouse solicitors,

Further to your letter dated xxxxxxxxxxx, please be advised that the account referred to above, is in serious dispute and has been since xxxxxxxxxxx.

Your client has continually failed to respond to my numerous communications, especially those relating to THREE postal order payments sent xxxxxxx in relation to the above account. These payments have yet to be credited to the account.

Quickquid continue to contend that they had not received these payments, despite the fact that all three payments were sent by Royal Mail recorded delivery, received by your client on xxxxxxxxxxxxx. The Post Office have confirmed that the postal orders have been cashed. Your client has unreasonably refused to respond to any correspondence on this matter.

Your client has also been advised on numerous occasions, that I am currently on a debt management plan with advice from CCCS. Your client has continually refused to accept the payment offer proposed under this plan and have had complete disregard for the Common Financial Statement provided to them, and have failed to provide any reason why theyhave rejected this proposal. I should remind you that their actions immediately places them in breach of guidelines issued by the Office of Fair Trading in relation to debt collection, and also the Lending Code

Your clients claims that I have failed to contact them, is utter nonsense. As I have previously stated, they have been informed on numerous occasions of my debt management plan. Your client has actually responded to these communications, so to suggest that I have failed to remain in contact is untruthful.

Your client has also failed on several points in their statutory duties in relation to the Consumer Credit Act 1974.

Consequently any legal action will be considered unlawful and vexatious and will be vigorously defended.

I would suggest that you refer this account back to your client to address the matters raised forthwith.

Regards
A happy debtor

[Never-In-Doubt]

Re: The SaltnVinegar UE Diary

Marvellous - much better mate

Good to go.

[SaltnVinegar]

Re: The SaltnVinegar UE Diary

Hi SnV,
It's a good letter, the only thing I personally wouldn't mention is the Default Notice and Annual Statements of account.
I'd keep them under your hat as first line of defense if they did issue a claim. If you inform them now it's easy for them to rectify, which you don't want.
Maybe just say there are other statutory errors which would make any claim fail in court.
Might be an idea to enclose copies of your proof of payment.


Knowing Quick Quid's reputation, you might actually have a better chance of coming to a reasonable arrangement with Arc in the long run. I might be wrong but I doubt they'd actually go anywhere near a court with this...the PDL interest rates are notorious and frowned upon.

Elsa x

Thanks Elsa

I'm not sure they would go to court either.

But considering that the OFT are licensing a company that doesn't even now have proper registered offices here in the UK you have to question what other laws they are willing to flout!

Hopefully this is all bluster (especially only giving 10 days before starting court action) but you never know. Creditors are not known for being reasonable!

Cheers
SnV

[SaltnVinegar]

Re: The SaltnVinegar UE Diary

ps your letter is way too open. You're telling them how to put it right before suing you.

Are you mad?

LOL yes very! And I'd be even more insane if I didn't have AAD to keep me on the straight and narrow!

Cheers all!

SnV

[Undercover Elsa]

Re: The SaltnVinegar UE Diary

Well this is an asylum for debtors...