The SaltnVinegar UE Diary

[nanna58]

Re: The SaltnVinegar UE Diary

Good luck my shop direct said they could not privide a cca not heard since, xx

[SaltnVinegar]

Re: The SaltnVinegar UE Diary

Additions (Shop Direct):

• Type of account - Catalogue Account
  
  
• Date commenced - Early/Mid 2007 (not sure exactly)
  
  
• Approx balance - Unknown, no statement received in 2 years
  
  
• Date last full payment - August 2010?
  
  
• Are you on arrangement or not paying - Arrangement (stopped DMP payments July 2012)
  
  
• Status - Default notice received
  
  
• Account owner - Capquest

Key:
Blue - Communication Sent
Red - Communication Received

14/9/2012 - Letter received from Scotcall
3/10/2012 - Doorstep Collection Letter received from Scotcall
8/10/2012 - Template letter sent for Doorstep Collections
10/10/2012 - Response from Scotcall regards doorstep template
14/2/2014 - Letter from Scotcall full of complete drivel

Letter from Scotcall pretty much begging me to call them because they're caring fluffy people who will be sympathetic to any financial difficulty I may be in.

I'm going to hit them with a CCA request and the complaint regards the charges applied to the account.

Should keep them busy for a little while.

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 - 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

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

Letter from Nelson Pest today - identical to the one received last October!

I am wondering, if things did ever go to court, could producing the generic template threat letters being sent a few months apart be used against them to show them that they were not actually addressing the elements of my complaint?

[SaltnVinegar]

Re: The SaltnVinegar UE Diary

Not only that, Apex would be just as likely to apply your £1 to the account, as they did with me, as the OC claims that the account doesn't fall under CCA 74. Still trying to get my £1 off the account.

Yes, EXCELLENT point, and one which I had completely overlooked. While the risk is minimal, as it is easy to prove that the funds were submitted as a statutory fee, it is still aggravation you can well do without.

Thanks both - don't worry they won't be getting any £ off me just yet!

I am in the process of putting all my paperwork in order and have come across some old correspondence.

Once they have picked themselves up off the floor with this one I am going to hit them with an unfair charges dispute which I have been adding up come to over half the alleged balance.

Best
SnV

[ScabHunter]

Re: The SaltnVinegar UE Diary

Not only that, Apex would be just as likely to apply your £1 to the account, as they did with me, as the OC claims that the account doesn't fall under CCA 74. Still trying to get my £1 off the account.

Yes, EXCELLENT point, and one which I had completely overlooked. While the risk is minimal, as it is easy to prove that the funds were submitted as a statutory fee, it is still aggravation you can well do without.

SH

[Still Waving]

Re: The SaltnVinegar UE Diary

If it was me in this situation I would not pay them £1. Firstly, it is not appropriate for the type of request you are making, and may just give them an excuse to claim that you were requesting information under Sections 77-79 which do not apply. Also, if this case was ever to end up in a court, you would have to explain why you had sent a fee which did not apply. It is much better to stick to the exact letter of the law.
SH

Not only that, Apex would be just as likely to apply your £1 to the account, as they did with me, as the OC claims that the account doesn't fall under CCA 74. Still trying to get my £1 off the account.

[SaltnVinegar]

Re: The SaltnVinegar UE Diary

Lloyds TSB:

• Type of account - Current Account/Overdraft
  
  
• Date commenced - Early/Mid 2007 (not sure exactly)
  
  
• Approx balance - Approx £800
  
  
• Date last full payment - August 2010?
  
  
• Are you on arrangement or not paying - Arrangement (stopped DMP payments July 2012)
  
  
• Status - Default notice received
  
  
• Account owner - Collection with Apex Credit Management (still owned by Lloyds TSB)
  

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

16/8/2012 - Letter received from BLS stating that while they control account no interest will be accruing
16/8/2012 - Letter received from BLS stating that if I wish to make a payment then could I please contact them by phone
24/8/2012 - Letter received from BLS Collections. One liner stating that I must contact them TODAY
17/10/2012 - Notice from Lloyds TSB that account has transferred to Apex Credit Management Limited for collection
17/10/2012 - Introduction letter from Apex Credit Management
3/1/2013 - Letter from HL Solicitors threatening legal action
28/1/2013 - Letter from Apex Credit Management
4/2/2013 - Home Visit Appointment letter from Apex Credit Management
4/2/2013 - Sent OD CCA Request - allaboutFORUMS - View Single Post - Overdrafts - CCA Information combined with doorstep letter template
8/2/2013 - Letter from Apex Credit Management asking for £1 fee for CCA request
9/2/2013 - Letter from HL Solicitors. It is EXACTLY the same as the letter they sent 3/1/2013 word for word!!

As above. Letter received today from HL Solicitors. It is EXACTLY the same as the letter they sent on 3rd January.

As it states they will 'not enter into correspondence with me at this stage, I'll send the next O/D CCA letter to Apex and see what they do with it.

Best
SnV

Letter from HL Legal as follows:

Notice of Pending Legal Action

We have been instructed by Apex Credit Management, agents for the above named creditor, in relation to your outstanding account in the sum of £xxx.xx

Unless our client receives payment in full or a valid reason for non payment of the account within the next 7 days then court proceedings may be taken against you without further notice.

Should court proceedings be issued, you may be liable for court fees, solicitors costs, and interest which may make it difficult for you to obtain credit in the future.

If you wish to avoid this course of action from being taken against you then you must telephone our client on 0845 849 8920 and one of their advisors will discuss this matter with you.

Please note we are instructed not to enter into correspondence with you at this stage but refer you to Apex Credit Management. You can contact them by the number stated above or at the address supplied on previous correspondence.

[SaltnVinegar]

Re: The SaltnVinegar UE Diary

If it was me in this situation I would not pay them £1. Firstly, it is not appropriate for the type of request you are making, and may just give them an excuse to claim that you were requesting information under Sections 77-79 which do not apply. Also, if this case was ever to end up in a court, you would have to explain why you had sent a fee which did not apply. It is much better to stick to the exact letter of the law.

I would go here -

Overdrafts - CCA Information - allaboutFORUMS

and scroll down to “Part 2 – The Response”. I would send the short letter suggested there, but I would add one line to the paragraph before the “I look forward....” line at the bottom, saying “Note that the £1 statutory fee you have requested is only applicable to requests made under Sections 77-79 of the Act, and is therefore not required in this case”.

That keeps it squeaky clean and makes sure you are doing everything exactly right.

SH

Thanks SH

Sounds like a good approach. Also puts the DCA on the back foot as it shows that either they did not read my letter correctly, or they are unaware of the legislation (probably as they only come across normal CCA requests).

Best
SnV

[ScabHunter]

Re: The SaltnVinegar UE Diary

So whats the best way to respond to this? Shall I write informing them that there is no 'mandatory/statutory' fee as my request is not being made under s77/s78/s79 of the CCA(1974) but rather I am making a request under c.39 (s.74 (A&B) (VA)) CCA(1974).

Or do I send them the £1 payment or send it anyway making the above point?

If it was me in this situation I would not pay them £1. Firstly, it is not appropriate for the type of request you are making, and may just give them an excuse to claim that you were requesting information under Sections 77-79 which do not apply. Also, if this case was ever to end up in a court, you would have to explain why you had sent a fee which did not apply. It is much better to stick to the exact letter of the law.

I would go here -

Overdrafts - CCA Information - allaboutFORUMS

and scroll down to “Part 2 – The Response”. I would send the short letter suggested there, but I would add one line to the paragraph before the “I look forward....” line at the bottom, saying “Note that the £1 statutory fee you have requested is only applicable to requests made under Sections 77-79 of the Act, and is therefore not required in this case”.

That keeps it squeaky clean and makes sure you are doing everything exactly right.

SH

[SaltnVinegar]

Re: The SaltnVinegar UE Diary

Lloyds TSB:

• Type of account - Current Account/Overdraft
  
  
• Date commenced - Early/Mid 2007 (not sure exactly)
  
  
• Approx balance - Approx £800
  
  
• Date last full payment - August 2010?
  
  
• Are you on arrangement or not paying - Arrangement (stopped DMP payments July 2012)
  
  
• Status - Default notice received
  
  
• Account owner - Collection with Apex Credit Management (still owned by Lloyds TSB)
  

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

16/8/2012 - Letter received from BLS stating that while they control account no interest will be accruing
16/8/2012 - Letter received from BLS stating that if I wish to make a payment then could I please contact them by phone
24/8/2012 - Letter received from BLS Collections. One liner stating that I must contact them TODAY
17/10/2012 - Notice from Lloyds TSB that account has transferred to Apex Credit Management Limited for collection
17/10/2012 - Introduction letter from Apex Credit Management
3/1/2013 - Letter from HL Solicitors threatening legal action
28/1/2013 - Letter from Apex Credit Management
4/2/2013 - Home Visit Appointment letter from Apex Credit Management
4/2/2013 - Sent OD CCA Request - allaboutFORUMS - View Single Post - Overdrafts - CCA Information combined with doorstep letter template
8/2/2013 - Letter from Apex Credit Management asking for £1 fee for CCA request

So response from Apex requesting a £1 fee as follows:

Dear SnV

Thank you for your letter in which you have requested documentation under the Consumer Credit Act 1974 with regards to your above noted account.

In order for us to process your request, and in line with the Consumer Credit Act 1974, the statutory fee of £1.00 should be paid in accordance with the Act.

We thank you for your correspondence and regret that at this time we are unable to process your request. On receipt of the mandatory feee we will endeavour to comply with your request.

So whats the best way to respond to this? Shall I write informing them that there is no 'mandatory/statutory' fee as my request is not being made under s77/s78/s79 of the CCA(1974) but rather I am making a request under c.39 (s.74 (A&B) (VA)) CCA(1974).

Or do I send them the £1 payment or send it anyway making the above point?

It certainly demonstrates that they haven't actually bothered to read the letter properly! (Though there was no reference to the 'field agent' visit this time!)

Best
SnV

[ken100464]

Re: The SaltnVinegar UE Diary

The greatest thing about this forum as you say is how it opens your eyes.

Yes you still get the letters and yes any debt could go nuclear and cause grief.

But what knowledge does is enables you to read letters the way more knowledgeable posters probably have been reading them for years.

I have a letter from a very senior member of a particularly nasty bank. In writing he states he is allowed to alter a CCJ debt due to our affordability if he so wants.

8 Months ago I would be seeing that as a threat and be worried about baliffs coming to take the children away. I would probably if he was to ring be trying to save an extra £10 to increase our payments. Probably stop living some more. Causing grief and sadness at home just to pay this leech another £10

Now you think berk, I wonder what judge would be impressed with not referring the matter back to court if they wanted more. Arrogant tosser.

[SA Gold]

Re: The SaltnVinegar UE Diary

The problem with the debt collection industry is that it relies on smoke and mirrors and incorrect public perception of the debt industry to frighten people. Even on television programmes like Eastenders this is re-inforced with people being in debt being shown to be frightened of the 'bailiffs coming to get you' etc.

Once you realize its mainly bovine excrement, you can start getting on with your life again.

Very true! AAD has certainly opened my eyes. Before i found the forum i relied on a DMP who came out with things like "have you got a car because they might try and take that off you". After a short while of finding the forum i discovered no-one is taking anything off anyone without a court order. This forum really does allow people to find their feet and enable them to gain control over these maggots.

[SaltnVinegar]

Re: The SaltnVinegar UE Diary

Well done S&V. Keep them on their toes

Thanks Vint

A few years ago I used to dread the letters coming through the letterbox but now I have a very different attitude.

I actually look forward to the post now, its actually a good day when I get a letter from a DCA that has something original in it!

I also enjoy writing letters to them, its obvious that they cannot respond beyond the templated letters provided to them by their legal department, which means their responses frequently have no relevance to the correspondence thats taken place, meaning I can tie them up in knots and demonstrate unreasonable behavior should it come to that.

I won't be too smug though as it'll come back and bite me in the behind.

The problem with the debt collection industry is that it relies on smoke and mirrors and incorrect public perception of the debt industry to frighten people. Even on television programmes like Eastenders this is re-inforced with people being in debt being shown to be frightened of the 'bailiffs coming to get you' etc.

Once you realize its mainly bovine excrement, you can start getting on with your life again.

Best
SnV

[vint1954]

Re: The SaltnVinegar UE Diary

Well done S&V. Keep them on their toes

[SaltnVinegar]

Re: The SaltnVinegar UE Diary

Good luck mate

Thanks Niddy

Hopefully will throw a spanner in their works as it won't be the standard letters they usually get!