The SaltnVinegar UE Diary

[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 - Can't remember getting a DN. No default registered with CRA's (showing 6 months late payment markers).
  
  
• 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

Word back from Niddy is no prescribed terms so currently:



19/12/2012 - Missing Prescribed Terms letter sent to Wescot
5/1/2013 - Letter from Wescot - Account is on hold
14/2/2013 - Letter from Nelson Guest & Partners Solicitors
22/2/2013 - Letter from Black Horse stating account has now been passed to Mackenzie Hall
21/3/2013 - Letter before action from Mackenzie Hall
21/3/2012 - Double whammy to MH - Missing Prescribed Terms and Sold In Dispute
30/3/2013 - Letter from Mackenzie Hall - account on hold
5/4/2013 - Letter from Mackenzie Hall containing CCA but no prescribed terms (same single page Wescot sent back in December '12)
8/4/2013 - Letter from Mackenzie Hall containing CCA but no prescribed terms (same single page Wescot sent back in December '12)

Above is not a typo!

Received another copy of CCA from Muck Hall exactly the same as the one they sent only a couple of days ago.

I don't know why they think sending the same thing twice is going to help - its still missing prescribed terms!

[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 - No DN received. Default issued with CRA May 2012
  
  
• Account owner - FirstSource Solutions
  

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)
17/12/2012 - Letter from Capquest acknowledging complaint and stating account is on hold
17/12/2012 - Letter from Capquest offering reduced settlement figure
5/1/2013 - Letter from Capquest responding to complaint
23/1/2013 - Letter from IF rejecting complaint
23/2/2013 - Letter from Halifax/IF giving NOA to First Source Solutions
28/2/2013 - Called at work by First Source Solutions
28/3/2013 - Called at work by First Source Solutions
4/4/2013 - Letter to First Source Solutions combining harassment at work template and Final Response - Unenforceability (No CCA Received)
9/4/2013 - Called at work by First Source Solutions
12/4/2013 - Letter from First Source Solutions - account on hold

Letter from First Source Solutions - account on hold and telephone numbers removed from my account.

They do though go on to say that no more calls will be made to me while the dispute is being investigated, which implies that they will call me once the investigation is completed.

No doubt I will have some nonsense response from Halifax stating that although UE they can still carry out collection activity - it neuters them quite a bit though doesn't it

[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 - Can't remember getting a DN. No default registered with CRA's (showing 6 months late payment markers).
  
  
• 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

Word back from Niddy is no prescribed terms so currently:



19/12/2012 - Missing Prescribed Terms letter sent to Wescot
5/1/2013 - Letter from Wescot - Account is on hold
14/2/2013 - Letter from Nelson Guest & Partners Solicitors
22/2/2013 - Letter from Black Horse stating account has now been passed to Mackenzie Hall
21/3/2013 - Letter before action from Mackenzie Hall
21/3/2012 - Double whammy to MH - Missing Prescribed Terms and Sold In Dispute
30/3/2013 - Letter from Mackenzie Hall - account on hold
5/4/2013 - Letter from Mackenzie Hall containing CCA but no prescribed terms (same single page Wescot sent back in December '12)
8/4/2013 - Letter from Mackenzie Hall containing CCA but no prescribed terms (same single page Wescot sent back in December '12)
15/4/2013 - Missing Prescribed Terms letter sent to Mackenzie Hall

Missing prescribed terms letter sent to Mackenzie Hall today. Will see what they make of that!

[SaltnVinegar]

Re: The SaltnVinegar UE Diary

Kays (Shop Direct):

• Type of account - Catalogue Account
  
  
• Date commenced - Early/Mid 2007 (not sure exactly)
  
  
• Approx balance - £376
  
  
• Date last full payment - August 2010?
  
  
• Are you on arrangement or not paying - Arrangement (stopped DMP payments July 2012)
  
  
• Status - Default notice received. Default registered with CRA Feb 2011.
  
  
• Account owner - Capquest

Key:
Blue - Communication Sent
Red - Communication Received

21/7/2012 - Letter received from Capquest, threatening litigation, but also making a 25% payment offer
31/8/2012 - Letter received from Capquest, Account On Hold for 30 Days
17/4/2013 - Letter before Action from Capquest

Hi All

Ok looks like Capquest have decided to get heavy. See letter received today from them.

CCA request was sent ages ago to SD, with no response received, but can't remember when as all my records were lost when my laptop was stolen last year.

So question is what to do next - issue another CCA request? Make a F&F proposal?

Cheers
SnV

[ScabHunter]

Re: The SaltnVinegar UE Diary

If you have no record of your previous CCA request, then I would get another one sent immediately. If this is an old catalogue, then it is a pound to a penny that it will be unenforceable, but unless you can prove that your request remains in default you will be in trouble.

I'd get it sent today.

SH

[SaltnVinegar]

Re: The SaltnVinegar UE Diary

If you have no record of your previous CCA request, then I would get another one sent immediately. If this is an old catalogue, then it is a pound to a penny that it will be unenforceable, but unless you can prove that your request remains in default you will be in trouble.

I'd get it sent today.

SH

Thanks SH.

Its frustrating I lost all my correspondence before Feb 2012 as I had gone to all the effort of scanning it and saving it on my laptop.

Stupidly I hadn't got round to backing it up when it was stolen.

I have to go to the PO today anyway to get a letter off to Muck Hall so can do this at the same time.

Thanks again
SnV

[ScabHunter]

Re: The SaltnVinegar UE Diary

Further to the above post, I would also send a response to that letter of claim, which would incorporate a formal complaint and a request for information pursuant to the Consumer Protection from Unfair Trading Regulations 2008.

Although ss. 77-79 are important in that enforcement is prohibited while the alleged creditor remains in default of them, it is ss. 61(1)(a) and 127(3) which are the most significant (assuming that this account was opened prior to 6th April 2007 when s. 127(3) was repealed). If this is an old catalogue, it is almost certain that the paperwork will not comply, and if they claim that it does in response to CPUTR they will potentially be making a lot of trouble for themselves.

This tactic has a proven history of keeping cases out of court, and now is the obvious time to be using it. Unlike the CCA request, there is no hurry to get this letter sent. So, I would send the CCA request immediately, and then take a day or two to compose the best letter you can in response to their letter of claim.

SH

[SaltnVinegar]

Re: The SaltnVinegar UE Diary

Further to the above post, I would also send a response to that letter of claim, which would incorporate a formal complaint and a request for information pursuant to the Consumer Protection from Unfair Trading Regulations 2008.

Although ss. 77-79 are important in that enforcement is prohibited while the alleged creditor remains in default of them, it is ss. 61(1)(a) and 127(3) which are the most significant (assuming that this account was opened prior to 6th April 2007 when s. 127(3) was repealed). If this is an old catalogue, it is almost certain that the paperwork will not comply, and if they claim that it does in response to CPUTR they will potentially be making a lot of trouble for themselves.

This tactic has a proven history of keeping cases out of court, and now is the obvious time to be using it. Unlike the CCA request, there is no hurry to get this letter sent. So, I would send the CCA request immediately, and then take a day or two to compose the best letter you can in response to their letter of claim.

SH

Thanks SH

I was also looking for that replay that Paul did in responding to letters before action quoting CPR and the correspondence that they will be relying upon in court.

Don't suppose you have a handy link to it do you?!

Cheers
SnV

[Deepie]

Re: The SaltnVinegar UE Diary

Thanks SH

I was also looking for that replay that Paul did in responding to letters before action quoting CPR and the correspondence that they will be relying upon in court.

Don't suppose you have a handy link to it do you?!

Cheers
SnV

--------> http://forums.all-about-debt.co.uk/s...56&postcount=1

[SaltnVinegar]

Re: The SaltnVinegar UE Diary

--------> http://forums.all-about-debt.co.uk/s...56&postcount=1

Thanks Deepie, thats not the one I was looking for (though the links really helpful). Paul did a template letter to respond to a threat of legal action that I've seen a couple of times. I had it in my favourites but typically removed it!

Cheers
SnV

[SA Gold]

Re: The SaltnVinegar UE Diary

Thanks Deepie, thats not the one I was looking for (though the links really helpful). Paul did a template letter to respond to a threat of legal action that I've seen a couple of times. I had it in my favourites but typically removed it!

Cheers
SnV

You looking for this mate?

[SaltnVinegar]

Re: The SaltnVinegar UE Diary

You looking for this mate?

Thats the one thanks!

[SA Gold]

Re: The SaltnVinegar UE Diary

Thats the one thanks!

No worries mate

[SaltnVinegar]

Re: The SaltnVinegar UE Diary

Kays (Shop Direct):

• Type of account - Catalogue Account
  
  
• Date commenced - Early/Mid 2007 (not sure exactly)
  
  
• Approx balance - £376
  
  
• Date last full payment - August 2010?
  
  
• Are you on arrangement or not paying - Arrangement (stopped DMP payments July 2012)
  
  
• Status - Default notice received. Default registered with CRA Feb 2011.
  
  
• Account owner - Capquest

Key:
Blue - Communication Sent
Red - Communication Received

21/7/2012 - Letter received from Capquest, threatening litigation, but also making a 25% payment offer
31/8/2012 - Letter received from Capquest, Account On Hold for 30 Days
17/4/2013 - Letter before Action from Capquest
17/4/2013 - LBA response and 2nd CCA request sent to Capquest

Well not going to hang about with this one. Response sent off to Capquest recorded delivery.

Let the game commence!

Best
SnV

[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 - Can't remember getting a DN. No default registered with CRA's (showing 6 months late payment markers).
  
  
• 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

Word back from Niddy is no prescribed terms so currently:



19/12/2012 - Missing Prescribed Terms letter sent to Wescot
5/1/2013 - Letter from Wescot - Account is on hold
14/2/2013 - Letter from Nelson Guest & Partners Solicitors
22/2/2013 - Letter from Black Horse stating account has now been passed to Mackenzie Hall
21/3/2013 - Letter before action from Mackenzie Hall
21/3/2012 - Double whammy to MH - Missing Prescribed Terms and Sold In Dispute
30/3/2013 - Letter from Mackenzie Hall - account on hold
5/4/2013 - Letter from Mackenzie Hall containing CCA but no prescribed terms (same single page Wescot sent back in December '12)
8/4/2013 - Letter from Mackenzie Hall containing CCA but no prescribed terms (same single page Wescot sent back in December '12)
15/4/2013 - Missing Prescribed Terms letter sent to Mackenzie Hall
19/4/2013 - Letter from Mackenzie Hall containing CCA but no prescribed terms (same single page they sent twice earlier this month)

So Muck Hall simply do not seem to get it. I've now been sent a one pager on 4 separate occasions now. How many times do I keep sending the missing PT letter?!

Shall I send the UE - final response template?