The SaltnVinegar UE Diary

[Never-In-Doubt]

Re: The SaltnVinegar UE Diary

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.

Hiya, ok no need to scan it to me - thanks mate. So this is not a recon, we know that as they have failed to mention Consumer Credit (Cancellation Notices and Copies of Documents) Regulations 1983.

So yea, until they send a set of terms applicable to this loan they can whistle in the wind - it remains

I would send the missing PT's template



* edit, received email lol - thanks

[SaltnVinegar]

Re: The SaltnVinegar UE Diary

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!

Well that is a very weird interpretation of their own debt collection guidelines. How the hell is that not 'extending existing borrowing':

• 3.7 Examples of unfair or improper practices are as follows:
• 
  
  
  • contacting debtors at unreasonable times and/or at unreasonable intervals28
  • pressurising debtors to raise funds by selling their property or by taking on further borrowing (including extending their existing borrowing)

[SaltnVinegar]

Re: The SaltnVinegar UE Diary

Hiya, ok no need to scan it to me - thanks mate. So this is not a recon, we know that as they have failed to mention Consumer Credit (Cancellation Notices and Copies of Documents) Regulations 1983.

So yea, until they send a set of terms applicable to this loan they can whistle in the wind - it remains

I would send the missing PT's template



* edit, received email lol - thanks

LOL no worries!

So thats great news thanks Niddy! I really like being able to put creditors and DCA's under the cosh!

Best
SnV

[Never-In-Doubt]

Re: The SaltnVinegar UE Diary

Well that is a very weird interpretation of their own debt collection guidelines. How the hell is that not 'extending existing borrowing':

• 3.7 Examples of unfair or improper practices are as follows:
• 
  
  
  • contacting debtors at unreasonable times and/or at unreasonable intervals28
  • pressurising debtors to raise funds by selling their property or by taking on further borrowing (including extending their existing borrowing)

The extending existing borrowing would relate to an overdraft and/or loan top-up not usage on an existing credit card with a set limit.

Apparently......

[The Tech Clerk]

Re: The SaltnVinegar UE Diary

Well that is a very weird interpretation of their own debt collection guidelines. How the hell is that not 'extending existing borrowing':

• 3.7 Examples of unfair or improper practices are as follows:
• 
  
  
  • contacting debtors at unreasonable times and/or at unreasonable intervals28
  • pressurising debtors to raise funds by selling their property or by taking on further borrowing (including extending their existing borrowing)

Thats the FOS for you!

[ScabHunter]

Re: The SaltnVinegar UE Diary

They'd probably argue that as the limit on the credit card is not extended, you are only using credit facilities which were already available to you. However, the Guidance says "extending existing borrowing", not "extending existing potential borrowing".

If you have a facility to borrow money, and you use more of that facility to borrow more money, then you are extending your existing borrowing, are you not?

They are contradicting themselves.

SH

[Never-In-Doubt]

Re: The SaltnVinegar UE Diary

They are contradicting themselves.

Nothing changes then eh?

[The Tech Clerk]

Re: The SaltnVinegar UE Diary

Double Dutch regulations like the Government = Dizzy on all the Turn Arounds They Do.

[ken100464]

Re: The SaltnVinegar UE Diary

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."

Standard stuff but be careful HC likes to litigate by default. There are quite a few of us victims of him before we found our way here.

I wouldnt treat as run of your mill rent a head.

[Pixie]

Re: The SaltnVinegar UE Diary

I was taken to court by Howard Cohen BUT that was an enforceable debt (too new to be UE) and for a lot more money than yours SnV.

[SaltnVinegar]

Re: The SaltnVinegar UE Diary

Standard stuff but be careful HC likes to litigate by default. There are quite a few of us victims of him before we found our way here.

I was taken to court by Howard Cohen BUT that was an enforceable debt (too new to be UE) and for a lot more money than yours SnV.

Thanks both. This does seem to the way these people operate, issue a claim and hope to get a default judgement.

Well hopefully when HC and Capquest realize that their client has already admitted that they cannot enforce the debt, then this should put them back under the rock that they have crawled from.

Best
SnV

[Pixie]

Re: The SaltnVinegar UE Diary

Well hopefully when HC and Capquest realize that their client has already admitted that they cannot enforce the debt, then this should put them back under the rock that they have crawled from.

Best
SnV

When they crawl back under the rock, just jump on it and squash them!

[SaltnVinegar]

Re: The SaltnVinegar UE Diary

When they crawl back under the rock, just jump on it and squash them!

I was thinking more this.......

[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
10/12/2012 - Another Letter to Capquest - Our Templates | Unenforceability Templates | Final Response - Unenforceability (No CCA Received)

So fired this off to Capquest as they have completely missed the point of the previous letter. Have framed it as a formal complaint so will see if this provokes a more sensible response. But I won't hold my breath...............

[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
11/12/2012 - CCA response from Amex. Will send to Niddy over the next couple of days to see if its UE or not

As above. Have got a copy agreement back from Amex. Will send to Niddy as soon as I get a chance and see where we're at.

Best
SnV