Caesar UE Diary

[Joanna Connolly Solicitors]

Received reply form Cabot. They don't have this information on file. They won't be able to provide the information requested in 12 days but they hope to do this in 40 days.

What does it mean? On their last letter they said my account is referred to legal department and now they don't have the papers to prove the debt.

It means that they don’t have the credit agreement in their possession at this moment in time

Unless or until they produce it the debt becomes unenforceable once the statutory deadline expires. They may source it or they may attempt to reconstitute it. See what happens next.

Did that letter also say that the account would be put on hold?

Di

[Caesar]

6. Aqua

• Type of account (credit card)
• Date commenced ( Apr 2016)
• Approx balance £500
• Date last paid (July 2016)
• Not paying
• Status (default)
• Account owner (Cabot)

Aqua sold my account to Cabot in 2017. They sent me a lot of letters and phone calls. Answered once and told them I am disputing the account with Aqua and no other contact with them. Last letter they sent me an I&E form in order to start a payment plan with them.

02.09.2018 Sent CCA request to Cabot.

15.02.2018 Received reply form Cabot. They don't have this information on file. They won't be able to provide the information requested in 12 days but they hope to do this in 40 days.

What does it mean? On their last letter they said my account is referred to legal department and now they don't have the papers to prove the debt.

[cymruambyth]

Wait until the DCA contacts you, then post for guidance.

[Caesar]

The Tech Clerk I've edited all my posts. Let me know if it is better now.

cymruambyth What to do now? I have 2 more debts with HSBC apart from that personal loan. One credit card, dealing with DCA and overdraft where I should deal with HSBC. They urged me to contact dca that acting in their behalf.

[Joanna Connolly Solicitors]

I have deleted them myself. I am new here and did not understand the correct procedure. Sorry.

No need to delete your posts - one of the Mods could have helped you to start a new Diary thread of your own and then moved the posts across for you.

And definitely no need to apologise!

I look forward to helping you when things are up and running.

Are any of them threatening you and/or your partner with legal action?

Di

[Joanna Connolly Solicitors]

The Tech Clerk ,,start a thread for each one - less confusion will arise?''
Should I open 9-10 threads in total? I thought this is the model of the diary. But I can change it if you think is better.

No you don’t need to start a new thread for each one - a separate post for each debt on this thread is fine.

Di

[nomoredebt]

I have deleted them myself. I am new here and did not understand the correct procedure. Sorry.

[Still Waving]

I think it would be helpful if one of the Mods could move Nomoredebt and any associated posts off Caesar's thread, and to one of his/her own.

[nomoredebt]

...

[The Tech Clerk]

Yesterday I received reply from Fredrickson: ,, We write in response to your recent communication regarding your HSBC account and note the content. In regard of your CCA request, we confirm that we are the date processors and not the data controllers of the account and, as such, your request for information has been referred to our client to provide the relevant documentation. With that said, our client does not require a fee to provide any documentation and therefore we are returning your postal order in the sum of £1. We trust this clarifies the position and confirm we will revert to you in due course''

What does it mean? How they can collect money, but can't prove the debit?


The Tech Clerk ,,start a thread for each one - less confusion will arise?''
Should I open 9-10 threads in total? I thought this is the model of the diary. But I can change it if you think is better

1= . say Capital one or whoever the account is

1 = say MBNA note different accounts different stages up to you but ease of access and no confusion when a response is made but enters under different subject

etc etc etc as you state 9 accounts then make it easy for us and you to ensure correctness in replying to actual alledged debt, easy if only 1 or 2 + but 9 ?can be a problem at some stage.

The format you are using is OK

[cymruambyth]

As they say, they are just the collectors, not the owners. This often happens with credit companies paying others to do their work, plus it can seem more intimidating to people to get letters from different companies!

They may may not want the £1 but you have fulfilled your legal requirement by sending it. Whilst they are in default they cannot take legal action. Just sit back and hope that they fail to supply the agreement!

[Caesar]

4.

• Type of account (HSBC-loan)
• Date commenced (2014)
• Approx balance £10.000
• Date last paid (2016)
• Not paying
• Status (defaulted)
• Account owner (Fredrickson DCA)

Defaulted at the end of 2016, Moorcroft first and then Wescot but didn't talk to any of them. Now Fredrickson is dealing in HSBC behalf. In one of their letters, Wescot offered me to pay 60% of the debt as F&F settlement but I didn't reply to them.
Recently I called HSBC regarding my overdraft and they were so rude on the phone and urged me to contact DCA that acting in their behalf and if I not start payment they will go to court. The person said: ,,We really don't want to go court but we have to so please contact and start payments.''. What does it mean?

02.02.2018 Sent CCA request to Fredrickson.

Yesterday I received reply from Fredrickson: ,, We write in response to your recent communication regarding your HSBC account and note the content. In regard of your CCA request, we confirm that we are the date processors and not the data controllers of the account and, as such, your request for information has been referred to our client to provide the relevant documentation. With that said, our client does not require a fee to provide any documentation and therefore we are returning your postal order in the sum of £1. We trust this clarifies the position and confirm we will revert to you in due course''

What does it mean? How they can collect money, but can't prove the debit?


The Tech Clerk ,,start a thread for each one - less confusion will arise?''
Should I open 9-10 threads in total? I thought this is the model of the diary. But I can change it if you think is better.

[Roger]

Asset Collections and Investigations Limited - these are registered with FCA.
To properly assess your situation send a SAR request to Avant Credit - Loan (there is template for this AAD ) this costs £10. The SAR will give you the full picture here.

Thanks for help Roger
Subject Access (SAR) - Typical Request is this the correct SAR request?
Where should I pay that £10 for Data Protection Act? Post Office? It's first time I am doing this and have no idea.

The letter should be the same recorded with signature when they receive?

That's fine for the SAR Letter!
Print two copies (one for your records the other to be sent!)

I personally send by Recorded Delivery and enclosing a £10 Postal Order.
The Post Office will give you a receipt for the Postal Order that has its number printed!!

Send the SAR and £10 to Avant Credit - Loan.

Its important to file copies of letters you send (with Post Office receipts; evidence of signed for receipts when received; Postal Order Number etc..)
When you receive a letter note the date of receipt on the envelope! Store the letter and the envelope.

Filing is an important part of your taking control off your debts!
Enter short details in your Diary (this will help you to get good advice).


The Tech Clerk " 9th February 2018, 14:34 start a thread for each one - less confusion will arise?" Pearls of wisdom!!!

[Caesar]

[QUOTE[/B]
Asset Collections and Investigations Limited - these are registered with FCA.

To properly assess your situation send a SAR request to Avant Credit - Loan (there is template for this AAD ) this costs £10. The SAR will give you the full picture here.
[/QUOTE]

Thanks for help Roger

Subject Access (SAR) - Typical Request is this the correct SAR request?

Where should I pay that £10 for Data Protection Act? Post Office? It's first time I am doing this and have no idea.

The letter should be the same recorded with signature when they receive?

[Roger]

Originally posted by Caesar View Post
2.

• Type of account (Avant credit - loan)
• Date commenced (2016)
• Approx balance £4.000
• Date last paid (last full payment May 2016, but I have payed small amount on payment plan until 2017)
• Not paying
• Status (default)
• Account owner (Asset Collections and Investigations Limited)

Avant credit sold my account to Asset Link in summer of 2017. Asset collection sent me 3 letter and a few mails and told them I am disputing the account with Avant Credit. I complained them to FOS for irresponsible lending but was rejected. Before selling the account to Asset, Avant offered me to settle the account to 30% of the amount but unfortunately I did't have that money to pay.

02.02.2018 Sent CCA request to Asset Collections
06.02.2018 Email from Asset Collections, Notice of Sum in Arrears and they added that £1 for CCA request as a payment to them and deducted from my balance. Why is that? Is it correct?
08.02,2018 Received letter from Asset Collections and Investigations Limited: ,,please find enclosed copy of your Consumers Credit Agreement, Statement of Accounts and Notice of Default as requested. Please call us within 24 hours of receiving this letter''

Niddy has confirmed the CCA is EN.

start a thread for each one - less confusion will arise?

---
Asset Collections and Investigations Limited - these are registered with FCA.

To properly assess your situation send a SAR request to Avant Credit - Loan (there is template for this AAD ) this costs £10. The SAR will give you the full picture here.

In the meantime have no further contact with Asset Collections and Investigations Limited (no phone calls, not ping pong letters, no emails)

Any letters they send post up on here for the MODS to look at and advise on.