Snowy's Diary

[Deepie]

Re: Snowy's Diary

This is all just routine crap. I would sent them a combination of this -

Our Templates | Unenforceability Templates | Account Sold whilst in Dispute

and the telephone harassment letter. Can't link to that one because the page won't load for some reason.

SH

----> Harassment by Telephone


working fine this end...........

[snowy]

Re: Snowy's Diary

New Debt Six - Bank Of Scotland Current Account
This is an old closed overdraft

Type of account - Overdraft
Date commenced - 22/08/06
Approx balance - £1370.61
Date last paid - February 2010
Are you on arrangement or not paying - Final DMP payment made 24 July 2012. DMP now cancelled.
Status - Default September 2010
Account owner - BLS Collections

22/08/12
Sent CCA by first class recorded delivery- DMP cancelled so no further payments

17/11/12
Letter received from Bank of Scotland stating that the account has now been sold to Cabot Financial Services from 2/10/12. Under the terms of this assignment and as defined in the DPA 1998 Cabot is now the Data Controller of your personal data contained in the records of this account.Cabot Financial (Europe) Limited has been appointed by Cabot Financial (UK) Limited, to manage your account in line with the arrangements agreed with BLS Collections. It is essential that all future payments and correspondance regarding this account now be directed to Cabot Financial (Europe) Limited.

Letter received recently from Bank of Scotland stating that the account has now been sold to Cabot Financial Services from 2/10/12. Under the terms of this assignment and as defined in the DPA 1998 Cabot is now the Data Controller of your personal data contained in the records of this account.Cabot Financial (Europe) Limited has been appointed by Cabot Financial (UK) Limited, to manage your account in line with the arrangements agreed with BLS Collections. It is essential that all future payments and correspondance regarding this account now be directed to Cabot Financial (Europe) Limited.

Attached with this letter was a letter from Cabot requesting payment.
My CCA request that was sent on 22/08/12 to BLS Collections has not be sent to me and now looks like the debt has been sold on before providing me with the CCA request
- what do i do now?

[MrsD]

Re: Snowy's Diary

I would send off the

Our Templates | Unenforceability Templates | Account Sold whilst in Dispute

to Cabot

[snowy]

Re: Snowy's Diary

Is Niddy around?

[snowy]

Re: Snowy's Diary

New Debt Five - Capital One Credit Card

This is included in my DMP

Type of account - Credit Card
Date commenced - 31/08/05
Approx balance - £933
Date last paid - October 2009
Are you on arrangement or not paying - Payments via DMP up to date. DMP final payment 24 July 2012. DMP now cancelled.
Status - Default October 2009
Account owner - Capital One

20/08/12
I intend to send a Data Protection request to obtain details of all overdue charges/default fees to try and claim back

22/08/12
Sent CCA by first class recorded delivery with £1 postal order - DMP cancelled so no further payments

21/10/12
Letter received from Capital One enclosing copy of signed credit agreement dated 2005. Scanned onto secure area for Niddy to check.

24/10/12
Niddy confirms its CCA Query-Missing prescribed terms letter issued 25/10/12 as per instructions. Hanging fire to see what happens.

17/11/12
Letter received from Capital One stating that they have instructed Credit Solutions to act on their behalf. Letter received 12/11/12 from Credit Solutions headed formal demand and requesting payment.

24/10/12
Letter received from Capital One in response to my Missing prescribed terms letter. States they have fully complied with the requirements of S78 of the CCA. Wait for Niddys response now.....................

24/10/12
Letter received from Capital One in response to my Missing prescribed terms letter. States they have fully complied with the requirements of S78 of the CCA. Wait for Niddys response now.....................

[ScabHunter]

Re: Snowy's Diary

24/10/12
Letter received from Capital One in response to my Missing prescribed terms letter. States they have fully complied with the requirements of S78 of the CCA. Wait for Niddys response now.....................

I guarantee they give the exact same response to everyone, whether the agreement is enforceable or not.

There is no reason yet to depart from a blagging course.

SH

[MrsD]

Re: Snowy's Diary

Cap one do indeed send out a broadly similar letter to everyone, not sure they are aware what constitutes an actual enforceable agreement (probably never seen on). They may well punt it out now to another bunch of chancers.

if it were me I might do a one liner referring them to my missing prescribed terms

[snowy]

Re: Snowy's Diary

Niddy has said that its but asked me to blag it. They have provided me with my original agreement and thats what they are stating.

[MrsD]

Re: Snowy's Diary

as long as it;s not a letter before action, I would consider it worth another wee one liner, but it's up to you

got a couple of those responses myself, for two totally unenforceable agreements

[ScabHunter]

Re: Snowy's Diary

as long as it;s not a letter before action, I would consider it worth another wee one liner, but it's up to you

got a couple of those responses myself, for two totally unenforceable agreements

Yep, totally agree. Just refer them to the missing prescribed terms letter.

I would call Crap One a toilet of a company, except that it would be grossly unfair to toilets. I seriously doubt whether anyone within their loathsome organisation ever bothers to look whether the agreements are enforceable or not. Most of their employees probably wouldn't know what the hell to look for anyway. They just send out exactly the same threatening junk to everyone no matter what their circumstances are.

If you keep blagging, they'll probably assign it to Fredrickson, who are equally gormless and bone-headed. They also send out exactly the same templates to everyone. Remember, all they are interested in is getting people to give them money, whether it is genuinely owed or not. They have no interest in the law, and they think 'ethics' is a county east of London.

This one is a million miles away from the point where I'd even consider caving in.

SH

[jon1965]

Re: Snowy's Diary

I also have an :EN cap I agreement. So far it has been to crap quest. and now wets. They sent me the same letter but admitted.they do not have the original and i just know i applied from junk mail. I also have theirDN which you can see in the DN database along with some comments by cloggy amongst others. I think there is but my braincell has been taxed today. Just carry on regardless

[Never-In-Doubt]

Re: Snowy's Diary

Is Niddy around?

PM me and get my attention if you don't see me....

I replied to secure thread. Sadly it's

[snowy]

Re: Snowy's Diary

New Debt Four - Halifax Credit Card

Type of account - Credit Card
Date commenced - 16/02/09
Approx balance - £2202.84
Date last paid - June 2009
Are you on arrangement or not paying - Last payment via DMP paid 24 July 2012. DMP now cancelled.
Status - Default February 2010
Account owner - Robinson Way

22/08/12
Sent CCA by first class recorded delivery with £1 postal order - DMP cancelled so no further payments

25/08/12
Compliment slip returning £1 postal order stating we have requested the info you require and have sent you a separate letter explaining our process

05/10/12
Letter received from Halifax stating they cannot trace my account using the details provided. I sent the letter to Robinson way quoting their reference and Halifax cant find me using robinson ways reference!! CCA sent 08/10/12 to Halifax quoting Halifax ref instead......

17/11/12
Received reconstituted version of the agreement comprising original terms and conditions and a copy of original signed application form.

20/11/12
Niddy confirms ENFORCEABLE

08/12/12
Letter received from Halifax Bank stating debt transferred to DCA - Apex Credit Management Ltd.

22/12/12
Letter received from Apex same day requesting contact.

04/01/13
Letter received from HL Solicitors stating they have been instructed by Apex Credit Management. Letter headed NOTICE OF PENDING LEGAL ACTION.

04/01/13
Letter received from HL Solicitors stating they have been instructed by Apex Credit Management. Letter headed NOTICE OF PENDING LEGAL ACTION.

Can i ask what I do now with the enforceable debts. Do i need to make arrangements to pay?

[ScabHunter]

Re: Snowy's Diary

04/01/13
Letter received from HL Solicitors stating they have been instructed by Apex Credit Management. Letter headed NOTICE OF PENDING LEGAL ACTION.

Can i ask what I do now with the enforceable debts. Do i need to make arrangements to pay?

This is an extremely nasty situation, which has reached a critical stage.

The outline for a response to a formal letter of claim is here -

allaboutFORUMS - View Single Post - Slickfm UE Diary

but unless you've got some strong arguments to place in the “crux of the dispute” section it is going to be difficult to fend them off.

Was the default notice compliant? Did it give you enough time to remedy the breach?
Have you been mercilessly harassed with repeated telephone calls, or unannounced doorstep visits?

It is probably best if you don't answer the DN questions on here, as this is not behind the password-protected area. Just find the answers yourself and try to put them into that letter.

If there are no valid disputes, or they are not likely to be strong enough, then it may be necessary to try to make some kind of arrangement. Paul always says that judges look more favourably on people who have tried to negotiate reasonably with the creditor in advance of proceedings, in cases where there is no obvious and valid dispute.

I think the most important factor is what you feel inside. If you try to put your disputes into that outline, do they seem strong enough? If you were the solicitor, would the arguments dissuade you from issuing? Only you can really know the answer.

Another factor is the letter headed NOTICE OF PENDING LEGAL ACTION. Does it have the feel of a genuine letter of claim? Some DCAs, Fredrickson is probably the worst, have a habit of just putting the words “Letter Before Action” on a bog standard template to make it seem more threatening. Is that likely to be what is happening here, or does it seem like a genuine solicitor's letter?

Obviously, your overall situation is also a vital factor. If you've a ton of enforceable debt which may all head to court, it may be necessary to think about more formal solutions such as IVA or bankruptcy.

SH

[Undercover Elsa]

Re: Snowy's Diary

What exactly did the letter say?