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  • #76
    Re: The SaltnVinegar UE Diary

    Originally posted by Undercover Elsa View Post
    Well this is an asylum for debtors...
    Then I am right at home
    "I fear all we have done is to awaken a sleeping giant and fill him with a terrible resolve."

    The consumer is that sleeping giant.!!



    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


    • #77
      Re: The SaltnVinegar UE Diary

      Originally posted by SaltnVinegar View Post
      Lloyds TSB:
      • Type of account - Current Account/Overdraft

      • Date commenced - Early/Mid 2007 (not sure exactly)

      • Approx balance - Approx £800

      • Date last paid - August 2010?

      • Are you on arrangement or not paying - Arrangement (just stopped)

      • Status - Default notice received

      • Account owner - BLS Collections (In House LTSB DCA)

      Key:
      Blue - Communication Sent
      Red - Communication Received

      26/7/2012 - Letter received from BLS Collections. One liner stating that I must contact them TODAY

      1/8/2012 - Letter received from BLS Collections. I appear to be in arrears on my payment arrangement. Unless I bring my arrangement back on track within 10 days they may take further action to collect the full balance.

      7/8/2012 - Sent OD CCA Request - allaboutFORUMS - View Single Post - Overdrafts - CCA Information
      As above really - lets see what they make of that!
      "I fear all we have done is to awaken a sleeping giant and fill him with a terrible resolve."

      The consumer is that sleeping giant.!!



      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


      • #78
        Re: The SaltnVinegar UE Diary

        Originally posted by SaltnVinegar View Post
        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
        7/8/2012 - Response back to ArcEurope & Trevor Munn disputing account

        As above. Thanks for all the feedback and helping me tweak my response letter. Lets see what they make of it and see what the next installment is!

        Cheers
        SnV
        "I fear all we have done is to awaken a sleeping giant and fill him with a terrible resolve."

        The consumer is that sleeping giant.!!



        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


        • #79
          Re: The SaltnVinegar UE Diary

          Excellent Good luck SnV. Should this ever go to court, which I doubt, no one can ever say you haven't tried with these shysters.

          Save me reading back...have you ever actually done a CCA request to these? I know it's post 2007, but sometimes if a claim is imminent it can back foot them.
          Another option is a Time Order...to give the courts a chance to restructure the agreement and set affordable payments, after which they can't issue a summons...

          Elsa x

          Comment


          • #80
            Re: The SaltnVinegar UE Diary

            Originally posted by Undercover Elsa View Post
            Excellent Good luck SnV. Should this ever go to court, which I doubt, no one can ever say you haven't tried with these shysters.

            Save me reading back...have you ever actually done a CCA request to these? I know it's post 2007, but sometimes if a claim is imminent it can back foot them.
            Another option is a Time Order...to give the courts a chance to restructure the agreement and set affordable payments, after which they can't issue a summons...

            Elsa x
            Hi Elsa

            No I hadn't done a CCA request but can certainly get one quickly typed up and sent off!

            I'm wondering how the CCA 1974 can really apply to payday loans anyway an many levels (enforcement or not)?

            Cheers
            SnV
            "I fear all we have done is to awaken a sleeping giant and fill him with a terrible resolve."

            The consumer is that sleeping giant.!!



            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


            • #81
              Re: The SaltnVinegar UE Diary

              you never know S&V, anything that can wrongfoot these eejits has got to be worth a go. They are more likely to go for easy prey for court, anything that makes them stop and think or put you in the "problem" pile is good.

              Comment


              • #82
                Re: The SaltnVinegar UE Diary

                They are regulated and these companies are under close scrutiny, so as Mrs D says, anything and everything you can trip them up with is worth doing. As is complaining to the OFT when they transgress.

                Failure to comply with a s77-79 request is still a defence for post 2007 loans, as are bad DN's.

                I attach a pdf which has a lot of relevant info. Apologies if you've seen it before as I know you're experienced in all this.

                Elsa x
                Attached Files

                Comment


                • #83
                  Re: The SaltnVinegar UE Diary

                  Just a stalling tactic at best, but you would need a copy of it if you applied for a Time Order

                  Comment


                  • #84
                    Re: The SaltnVinegar UE Diary

                    Hi All

                    Well, a CCA request has also been posted now this morning. I don't hang about!

                    I don't think the UE argument will be helpful either in this instance, but there are plenty of other CCA1974 breaches that would be used if things went to court.

                    As you've all mentioned, if I look like I'm going to be more bother than I'm worth hopefully they will scurry off.

                    Quickquid have NEVER sent me a letter in the post. All their correspondence has been sent by email. They claim to have sent me a DN but they have not.

                    I guess under CPR then I could make them disclose this document (if they actually have it), but I'm jumping the gun I know as they haven't actually issued court proceedings yet.

                    I can't remember what the original loan was for. I know I've made payments for almost 18 months without the balance really reducing much.

                    The balance though (fortunately or unfortunately) hasn't been bumped up much with late payment charges/interest etc. so I probably wouldn't be able to argue this point.

                    What I would argue though is the number of times QQ were informed of my DMP and offer of payment, and that they have completely rejected this without offering a reason why, or just ignoring the correspondence completely.

                    Balls in their court now.....
                    "I fear all we have done is to awaken a sleeping giant and fill him with a terrible resolve."

                    The consumer is that sleeping giant.!!



                    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


                    • #85
                      Re: The SaltnVinegar UE Diary

                      Originally posted by Undercover Elsa View Post
                      Just a stalling tactic at best, but you would need a copy of it if you applied for a Time Order
                      Stalling tactic is fine with me

                      If I can get a couple of months to put together some money to start making F&F offers this would be a good start.
                      "I fear all we have done is to awaken a sleeping giant and fill him with a terrible resolve."

                      The consumer is that sleeping giant.!!



                      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


                      • #86
                        Re: The SaltnVinegar UE Diary

                        Originally posted by Flowerpower
                        Presumably you applied online so they'll probably just refer you to the terms on the site, which you would have agreed to by ticking the box. There wouldn't be a proper CCA drafted for a short-term loan and I doubt UE would apply.
                        If this were the case then wouldn't I be able to argue that T&C's on a website can be easily changed, so how could they prove what the T&C's were on the exact date/time on their website I ticked that box?

                        I thought that some sort of agreement would still need to be generated?
                        "I fear all we have done is to awaken a sleeping giant and fill him with a terrible resolve."

                        The consumer is that sleeping giant.!!



                        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


                        • #87
                          Re: The SaltnVinegar UE Diary

                          Originally posted by SaltnVinegar View Post
                          Hi All

                          Well, a CCA request has also been posted now this morning. I don't hang about!

                          I don't think the UE argument will be helpful either in this instance, but there are plenty of other CCA1974 breaches that would be used if things went to court.

                          As you've all mentioned, if I look like I'm going to be more bother than I'm worth hopefully they will scurry off.

                          Quickquid have NEVER sent me a letter in the post. All their correspondence has been sent by email. They claim to have sent me a DN but they have not.

                          I guess under CPR then I could make them disclose this document (if they actually have it), but I'm jumping the gun I know as they haven't actually issued court proceedings yet.

                          I can't remember what the original loan was for. I know I've made payments for almost 18 months without the balance really reducing much.

                          The balance though (fortunately or unfortunately) hasn't been bumped up much with late payment charges/interest etc. so I probably wouldn't be able to argue this point.

                          What I would argue though is the number of times QQ were informed of my DMP and offer of payment, and that they have completely rejected this without offering a reason why, or just ignoring the correspondence completely.

                          Balls in their court now.....
                          Mmmmm,

                          The Default Notice, if issued under s87, needs to be served by post. It is a statutory document.

                          Vint

                          Comment


                          • #88
                            Re: The SaltnVinegar UE Diary

                            Originally posted by SaltnVinegar View Post
                            If this were the case then wouldn't I be able to argue that T&C's on a website can be easily changed, so how could they prove what the T&C's were on the exact date/time on their website I ticked that box?

                            I thought that some sort of agreement would still need to be generated?
                            I,m not 100% sure on this, but I would have thought that they need to respond to the CCA request by post and in full. Agreement "together with" meaning at the same time, the terms and conditions, plus any document referred to in it.

                            They can't expect you to go chasing around their website for the info.

                            Comment


                            • #89
                              Re: The SaltnVinegar UE Diary

                              Originally posted by vint1954 View Post
                              Mmmmm,

                              The Default Notice, if issued under s87, needs to be served by post. It is a statutory document.

                              Vint
                              Hasn't been issued at all, either by email or served by snail mail. Only thing I have had is an email 'claiming' that they have sent a DN.

                              But I have NEVER had anything in the post from them. Everything has come via email. I suspect because their operation is in the US....
                              "I fear all we have done is to awaken a sleeping giant and fill him with a terrible resolve."

                              The consumer is that sleeping giant.!!



                              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


                              • #90
                                Re: The SaltnVinegar UE Diary

                                Originally posted by SaltnVinegar View Post
                                Hasn't been issued at all, either by email or served by snail mail. Only thing I have had is an email 'claiming' that they have sent a DN.

                                But I have NEVER had anything in the post from them. Everything has come via email. I suspect because their operation is in the US....
                                Then that's a problem for them.

                                Comment

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