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  • #76
    Originally posted by Caesar View Post
    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.

    Comment


    • #77
      Originally posted by Caesar View Post
      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 donít 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
      Legal Disclaimer

      I am a Litigation Executive at Joanna Connolly Solicitors a firm which specialises in consumer credit. If you need to contact me you can send a message by clicking on my username or by emailing me at di@joannaconnollysolicitors.co.uk or by telephoning 0330 053 9340. Our initial advice is always free.

      Any posts I make on the AAD Consumer Forum are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide on the forum is without liability. If you are unsure please seek formal legal guidance or contact your local citizens advice bureau at https://www.citizensadvice.org.uk

      Comment


      • #78
        Originally posted by Diana Mayhew View Post


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

        Di
        Thanks for help Di.

        They only said this: ,,I acknowledge the 12 day time limit to provide this information before the credit agreement becomes temporarily unenforceable.''

        Comment


        • #79
          Originally posted by Caesar View Post
          7. HSBC
          • Type of account (credit card)
          • Date commenced (2011)
          • Approx balance £1.000
          • Date last paid (2016)
          • Not paying
          • Status (default)
          • Account owner HSBC (Credit Security acting as DCA)
          When I defaulted the cc, I made an arrangement to pay with HSBC for £5 but didn't pay 1st month and they appointed Credit Security to act in their behalf. I mailed to Credit Security to prove the debt but no reply from them.

          23 January Credit Security called me 4 times but I didn't answer
          09 February received credit agreements, Niddy said all enforceable.
          Letter from Credit Security: Final Notice.
          They urge me to contact them, even I can't pay anything for the moment, because they want to help. It's my last opportunity to benefit from their services.
          If I don't contact them in 10 days, my account will be returned to their client for further recovery action.

          Ignore them, right?

          Comment


          • #80
            I would ignore see what happens next?
            I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

            If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

            Comment


            • #81
              Originally posted by Caesar View Post
              3. Sunny
              • Type of account ( personal loan)
              • Date commenced (2016)
              • Approx balance £2.500
              • Date last paid (not sure)
              • Arrangement with them - £15/month
              • Status (default)
              • Account owner (Sunny)
              Made a complaint to FOS but not happy with their outcome.
              Actually, it's not only one account. There are 3 accounts: £1.400, £800, £400 and I was paying £5 each per month until January. Financial ombudsman rejected my complaint for first 3 loans which were the biggest ones but upholded the last 2 the lowest one. I didn't sent my approve for that.

              I was hoping that FOS will reduce my balance from £2.500 to £1.100, because I've already payed to them £1.400, but didn't happen.

              Because I stopped payments, now Sunny calls me every day, but I didn't answer yet. What should I do in this case? Could anyone give an idea?

              Comment


              • #82
                I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

                If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

                Comment


                • #83
                  Thanks The Tech Clerk.

                  And regarding the accounts? Should I continue with payment plan? Or send CCA request?

                  Comment


                  • #84
                    you already sent a CCA request did you not if not I would send one! then see what they send back, some people will say after 14 days of receipt stop payment, but be careful as it might backfire later? sure Di or others will advise also.
                    I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

                    If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

                    Comment


                    • #85
                      Originally posted by Caesar View Post
                      5. HSBC overdraft
                      • Type of account (overdraft)
                      • Date commenced (2011)
                      • Approx balance £5.000
                      • Date last paid ( FULL payment - June 2017)
                      • Not paying
                      • Status (default)
                      • Account owner (HSBC)
                      HSBC sent me a letter that they will pass my overdraft account to a debt collector, but after a few days, new letter arrived from them offering me a 30% discount if I want a full and final payment. I am not in position to pay this, but should offer to pay for example 20% from debit? I don't have either this amount, but if they accept, I might try to borrow that money. Is this a good idea or just ignore it?

                      Comment


                      • #86
                        Hi Caesar

                        Any new updates ?

                        Comment


                        • #87
                          Originally posted by Warwick65 View Post
                          Hi Caesar

                          Any new updates ?
                          Hi Warwick,

                          I've got reply from Fredrickson after CCA request, and don't know what they mean.

                          ,,We have referred the matter to HSBC and having carefully considered all the information available to them, their finding are outlined below:
                          - HSBC have advised us that they are unable to provide us with a copy of the original agreement
                          - Therefore, they have requested that we close and return the account''

                          Do you know what is this? Why HSBC can't provide a copy of the agreement? This is the account that I am talking.



                          4. HSBC
                          • Type of account (personal loan)
                          • Date commenced (2014)
                          • Approx balance £10.000
                          • Date last paid (2016)
                          • Not paying
                          • Status (defaulted)
                          • Account owner HSBC (Fredrickson acting as 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.
                          10.02.2018 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''

                          Comment


                          • #88
                            Originally posted by Caesar View Post

                            Hi Warwick,

                            I've got reply from Fredrickson after CCA request, and don't know what they mean.

                            ,,We have referred the matter to HSBC and having carefully considered all the information available to them, their finding are outlined below:
                            - HSBC have advised us that they are unable to provide us with a copy of the original agreement
                            - Therefore, they have requested that we close and return the account''

                            Do you know what is this? Why HSBC can't provide a copy of the agreement?
                            Hi

                            Do not worry yourself about why they cannot provide a copy agreement. It is good news for you that they cannot, and the fact that they have recalled the account suggests that they are having to consider their weak position. File that letter safely away, and do not concern yourself.

                            Do nothing. HSBC are currently in default of your CCA74 request, and cannot succeed with court action whilst they are. If you do get further contact, post here for further advice.
                            Last edited by Still Waving; 23rd April 2018, 23:15.

                            Comment


                            • #89
                              Thank you for reply Still Waving

                              Finally some good news.

                              Comment


                              • #90


                                19.04.2018 Letter from HSBC that my account is being referred to Wescot.
                                01.05.2018 Wescot called me and I told them that I will communicate with them only by letter. The lady on the phone was surprised and insisted to tell the reason that I don't want phone calls. My answer was it's just my decision so it's the only way that you can talk to me. ))

                                Can someone please advice me what to do with Wescot?
                                Last edited by Caesar; 4th May 2018, 09:05.

                                Comment

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