The SaltnVinegar UE Diary

[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!

[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

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."

[The Tech Clerk]

Re: The SaltnVinegar UE Diary

The May be!s etc

[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

[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
3/12/2012 - CCA sent to Niddy

CCA now been sent to Niddy for examination.

[SaltnVinegar]

Re: The SaltnVinegar UE Diary

The May be!s etc

O yes lots of 'mays'

[SaltnVinegar]

Re: The SaltnVinegar UE Diary

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

Thanks SH. I'll wait and see what response I get back from Niddy but that'll definately be next step if it turns out to be non UE.

Wetcloths have a few of my accounts now. The Overdraft CCA request certainly threw the cat among the pigeons when they got that

[Never-In-Doubt]

Re: The SaltnVinegar UE Diary

Do you have the cover letter and terms please mate? The agreement refers to plenty of clauses that we need to tally with the terms. Without them, I'm stuck..

Cheers

[SaltnVinegar]

Re: The SaltnVinegar UE Diary

Do you have the cover letter and terms please mate? The agreement refers to plenty of clauses that we need to tally with the terms. Without them, I'm stuck..

Cheers

Thanks Niddy

You have exactly what Wescot sent me (which I know is not a lot!)

The cover letter basically said something like:

"Enclosed is the CCA you requested. We have complied with your CCA request, therefore now cough up'.

I'm guessing then, no terms it is UE?! (At least for the moment)......

Best
SnV

[Never-In-Doubt]

Re: The SaltnVinegar UE Diary

Thanks Niddy

You have exactly what Wescot sent me (which I know is not a lot!)

The cover letter basically said something like:

"Enclosed is the CCA you requested. We have complied with your CCA request, therefore now cough up'.

I'm guessing then, no terms it is UE?! (At least for the moment)......

Best
SnV

Hiya

Well, the cover letter is quite important lol. That's why I asked to see it mate, please be clear - does it say "please find attached a copy of the original...." or does it say "please find attached a reconstituted copy...."

The fact they are presenting their own original copy as the agreement could suggest either but they must tell you if it is a recon within the cover letter

Yes, without the terms that are quite clearly referred to on numerous occasion throughout that agreement, this is temporarily unenforceable.

[SaltnVinegar]

Re: The SaltnVinegar UE Diary

Hiya

Well, the cover letter is quite important lol. That's why I asked to see it mate, please be clear - does it say "please find attached a copy of the original...." or does it say "please find attached a reconstituted copy...."

The fact they are presenting their own original copy as the agreement could suggest either but they must tell you if it is a recon within the cover letter

Yes, without the terms that are quite clearly referred to on numerous occasion throughout that agreement, this is temporarily unenforceable.

Ah right understood! For benefit of all I'll repeat verbatim the covering letter and then I'll scan and email it to you in a bit. I note they use the term 'opening' agreement as opposed to 'original' agreement.

I also won't comment (for now) that they are requesting I could pay the balance by credit card. In other words encouraging me to go further into debt to pay off another one. This sort of thing I know is frowned upon by the OFT.

Anyway.........

Dear Sir/Madam

Client Reference: xxxxxxx
Wescot Reference Number: xxxxxxx
Client: xxxxxxxxx
Balance: xxxxxx

We refer to your recent communication regarding the above account; please find enclosed copy opening agreement as requested.

Payment is now required and can be made by Debit Card/Credit Card (subject to acceptance) by calling the Wescot Payment Hotline on 0844 824 1155 or pay online at Wescot Payment.

Alternatively telephone us to set up a direct debit or standing order. You can also pay using Paypoint or by sending a cheque or postal order to the address below. Please ensure your Wescot reference number is enclosed at all times.

In certain circumstances we can agree a monthly instalment plan by contacting our offices on 0844 824 1155 between 08:00 and 21:00 Monday to Friday, 08:00 to 16:00 Saturday and 09:00 to 16:00 Sunday.

[The Tech Clerk]

Re: The SaltnVinegar UE Diary

HSBC & Wescot keep on about pay with Credit Card !!! tut tut

[Never-In-Doubt]

Re: The SaltnVinegar UE Diary

HSBC & Wescot keep on about pay with Credit Card !!! tut tut

Apparently they are allowed to - I used this argument when I was speaking to OFT and they said it was fine because using a credit card is not getting more into debt. I said "are you taking the piss" and the woman stated "If you can afford to meet the repayments of the credit card then it is up to you if you use it to repay other debts. We cannot tell DCA's not to offer this as a payment method".

Wankers, the lot of em!