ShedAnd Unenforcability Diary

[ShedAnd]

Re: ShedAnd Unenforcability Diary

Ok thanks for that MrsD I was thinking the ignore route for that letter.

[ShedAnd]

Re: ShedAnd Unenforcability Diary

CAPQUEST

Type of account: Credit Card.

Date commenced (ideally before Apr 2007) Before 2004

Approx balance £787.27

Date last paid (approximate date you last made a FULL payment) Before 2004

Are you on arrangement or not paying
On DMP
Status (default/in arrears/up-to-date)Unknown

Account owner CapQuest

17 Nov 2012 CCA Request sent

22 Nov 2012 Letter recieved requesting proof of change of name, Postal Order sent back with it.

23 Nov 2012, Letter received From Capquest. stating the account as been sold to CapQuest Investments ltd. Looks Like a threat-O-gram.

25/11/2012: CCA Request resent in maiden name.

30/11/12: recieved letter as follows

Further to recent contact with our office and your request for further information in relation to the above account, we would confirm that your account is now on hold for 28 days whilst we obtain the info required.

If you have any proof of payments or correspondence that would assist with your query, please forward these documents, with a brief covering letter, to our collections administrations department, so that we can resolve this matter as soon as possible.

Looks promising for us does that, and like we are going to send anything to help them..


05/04/2013: Letter From Halifax Bank.

You have not quoted a valid account number and I can not trace your acc with the details provided.

Looks like they have lost it.


02/07/2013: letter off HBOS.

You have not quoted a valid account number and I can not trace your acc with the details provided.

Once you have provided us with a valid 16 digit acc number, we will be able to help you.

if you unable to provide us with this, please supply us with as much info as poss such as.

* fully address details inc previous addresses * any change of name * DOB * date acc opened

Please be aware that section 78 only applies during the lifetime of an agreement. if your account has been closed and paid in full, then there would no longer be a regulated agreement between us.

In view of the above, we would be unable to provide you with documentation as requested.

Ignored.


20/09/2013: Letter received.

We thank you for your recent correspondence.

Sainsburys Bank have advised us that they have responded directly to you regarding your request for documentation under the CCA1974.

Please advise us if you have not received this document.

27/11/2013 letter off em.

We write to advise that we have not received a recent communication or payment from StepChange Debt Charity in relation to your account

We have tried to establish contact with StepChange Debt Charity but have been unsuccessfull in our attempts. We recommend that you contact StepChange Debt Charity to discuss the status of your account and ask them to provide and update to us by 06.12.13

In the event that StepChange Debt Charity are no longer acting on your behalf please contact us on 0******5 in order to discuss a suitable plan to clear you outstanding balance

If we do not receive a response from your StepChange Debt Charity by 06 Dec 13 your account will return to our collection department

Ignored!!

Letter off HL LEGAL on behalf of crapquest 11/12/13.

Account purchased from: Sainsburys plc
Balance: £777.27
Capquest debt recovery ltd has appointed us to act in the above matter following your failure to respond to their letter of 19 nov 2013 (last letter)

TAKE NOTICE THAT unless this account is paid in full or a satisfactory proposal of settlement is received by 21 dec 13 court proceedings may be issued against you without further notice.

Court proceedings may involve you paying costs and may make it difficult for you to get credit if judgement is obtained against you.

in the event that court proceedings are necessary the following costs will be added to the debt.
Balance £777.27
Court costs £55.00
Solicitors costs £70.00
TOTAL £902.27

Interest where applicable will also be added, accruing on a daily basis.

Payment must be sent directly to our client.

Hi all, Any help on the letter dated 11/10/13.
I think this needs a reply (account sold whilst in dispute) and maybe to remind them that we have not received the requested CCA sent on 25/11/2012 and that the acc is unenforceable due to no CCA received, Plus the letter from Halifax dated 5/4/13 they are stating that we have not provided a valid acc number.

Thanks in advance..

[Deepie]

Re: ShedAnd Unenforcability Diary

Hi all, Any help on the letter dated 11/10/13.
I think this needs a reply (account sold whilst in dispute) and maybe to remind them that we have not received the requested CCA sent on 25/11/2012 and that the acc is unenforceable due to no CCA received, Plus the letter from Halifax dated 5/4/13 they are stating that we have not provided a valid acc number.

Thanks in advance..

I'd send this if it were me-----> Threat by Creditor - To Commence Litigation

[ShedAnd]

Re: ShedAnd Unenforcability Diary

I'd send this if it were me-----> Threat by Creditor - To Commence Litigation

Thanks Deepie I will send 1 to HL legal and 1 to crapquest.x

[ShedAnd]

Re: ShedAnd Unenforcability Diary

ROBINSON WAY LTD

Type of account (credit card/loan) unknown

Date commenced Before 2004
Approx balance: £3044.25

Date last paid: Before 2004

Are you on arrangement or not paying: DMP

Status: Unknown

Account owner: Robinson way ltd, ex sainsburys

17 Nov 2012 CCA Request sent

23/11/2012. LETTER RECEIVED: Asking for name change confirmation with documentation and previous address.

26/11/2012. CCA request resent in maiden name.
6/12/12. Letter received. Following your request, we have today asked for a copy of the agreement/statement to verify that you are liable to pay the amount due.

Your a/c has been placed on a temporary delay pending receipt of this documentation and we will contact you again in due course.

23/01/2013: CCA request Received, sent to Niddy.
Confirmed no perscribed terms.

13/02/13 Letter off em!

We refer to your resent correspondence in which you claim this account is not enforceable.
We are satisfied that the documentation provided is sufficient to demonstrate liability and we will not enter into repetitive correspondence regarding this.
Your data will continue to be processed in line with the principles of the data protection Act 1998 and the account will continue to be reported to the credit reference agencies, where appropriate.if you neglect to make payment to us, further action will be taken against you.
We require payment proposals within 14 days.

07/03/13: Reply sent, thanks Scabhunter.

“Dear Sirs,

I am in receipt of your letter dated xx/xx/xxxx, and note its contents.

In response, I refer you to my previous letter of xx/xx/xxxx, in which I have outlined my position. If you dispute that position, it is your responsibility to demonstrate why, and not to send out routine templates which have no relevance to the actual situation. Your unsupported and ludicrous assertion that you are “satisfied that the documentation provided is sufficient to demonstrate liability” is entirely inconsistent with the position of the law itself, namely the Consumer Credit Act 1974, as referred to in the previous communication.

Note also that as a commercial operation, you are in no position to “require” anything. I suggest that you moderate the tone of your communications in future, as any further abusive or misleading communications will result in the submission of a formal complaint, which may be escalated to the relevant regulatory authorities.

Yours Faithfully,”


13/03/13: Letter again,
We agreed an affordable payment plan with your money advice agency, but we have not received the payments as promised. If you have made payment to us in the last few days please ignore the letter.
Otherwise please make payment of the overdue sum as soon as you can blah blah blah.
IGNORED!
16/03/13: Another letter.
We write to acknowledge the above complaint received by yourselves.
The matter will be investigated thoroughly by our complaints and compliance department and we will report our findings directly to the complainant and we will contact you again ASAP, but certainly no later than 4 weeks time.
We will eagerly wait.

04/05/13 letter off em.
See attached.

27/05/13: Letter sent to em, Final response (CCA received)

11/06/13: letter off em.

Further to your recent correspondence, contents of which have been noted.

After reviewing the account we have made our position perfectly clear and will not enter into repetitive correspondence regarding this matter.

As previously advised we believe that the documents supplied comply fully with the requirements of the Consumer Credit Act 1974. However any assertions that the agreement is UE would be for the matter for a court to determine, should either party wish to enter into litigation.

In the absence of any alternative dispute, we now require your proposals for payment within the next 14 days. After this time collection activity will resume on your account or we may transfer your account to our firm of solicitors who may commence legal action against you.


29/06/13: letter off DRYDENSFAIRFAX.


We have been instructed by our clients agent, robinson way, in relation to the above outstanding debt. legal action mey be taken against you unless you take steps to resolve this matter within 10 days of the date of this letter.
to avoid further action you should either, Make payment in full, Pay what you can now and agree an affordable repayment arrangement to repay the remainder by contacting robinson way on 0845605***.

payment should be made...blah blah blah...

Any court action may result in additional court fees. blah blah blah.....

15/07/13, Threat to Commence Litigation letter sent.

18/07/13: letter off them.

As we have been unable to contact you via any other way, we may now arrange for a doorstep collection agent to call at your address to agree an affordable payment plan with you, dependant on your personal circumstances.

To avoid the matter being escalated to this next stage of the debt collection process involving a home visit, please contact this office to discuss your circumstances and to agree an affordable payment plan directly with us.

05/09/2013: letter off em.

We have sent you a number of letters, tried to telephoneyou, and our doorstep collection agent may have called at your home, but youraccount remains unpaid.
The full balance is due and payable, but this may not beaffordable.
Note: We can offer a reduction to the balance owed to settlethis account depending upon your circumstances. To help settle this account youmay even be able to pay the reduced balance by instalments you can afford, andwill be able to maintain.

Ignored

Received a letter off em: 03/02/2014

Immediate Action Required
This is a notice about your unpaid account which is in our hands to collect. We are authorised to negotiate repayment of the account with you
Act Now Call us without delay
To pay using a your card, or you can pay online at : www.robway.co.uk or use the slip overleaf
Tell us if you cannot pay in full we will agree an affordable payment plan that you can keep up
Take Notice
If you fail to pay and neglect to deal with account further action may be taken to recover the amount due.

Please see post dated 03/02/2014.

They have also set up 2 direct debits on the wifes bank acc (we have cancelled them now) we never gave them permission to do this and the wife says she has never paid them anything direct only via CCCS.

Can they do this or is it not allowed?


Thanks in advance..

[ShedAnd]

Re: ShedAnd Unenforcability Diary

CAPQUEST

Type of account: Credit Card.

Date commenced (ideally before Apr 2007) Before 2004

Approx balance £787.27

Date last paid (approximate date you last made a FULL payment) Before 2004

Are you on arrangement or not paying
On DMP
Status (default/in arrears/up-to-date)Unknown

Account owner CapQuest

17 Nov 2012 CCA Request sent

22 Nov 2012 Letter recieved requesting proof of change of name, Postal Order sent back with it.

23 Nov 2012, Letter received From Capquest. stating the account as been sold to CapQuest Investments ltd. Looks Like a threat-O-gram.

25/11/2012: CCA Request resent in maiden name.

30/11/12: recieved letter as follows

Further to recent contact with our office and your request for further information in relation to the above account, we would confirm that your account is now on hold for 28 days whilst we obtain the info required.

If you have any proof of payments or correspondence that would assist with your query, please forward these documents, with a brief covering letter, to our collections administrations department, so that we can resolve this matter as soon as possible.

Looks promising for us does that, and like we are going to send anything to help them..


05/04/2013: Letter From Halifax Bank.

You have not quoted a valid account number and I can not trace your acc with the details provided.

Looks like they have lost it.


02/07/2013: letter off HBOS.

You have not quoted a valid account number and I can not trace your acc with the details provided.

Once you have provided us with a valid 16 digit acc number, we will be able to help you.

if you unable to provide us with this, please supply us with as much info as poss such as.

* fully address details inc previous addresses * any change of name * DOB * date acc opened

Please be aware that section 78 only applies during the lifetime of an agreement. if your account has been closed and paid in full, then there would no longer be a regulated agreement between us.

In view of the above, we would be unable to provide you with documentation as requested.

Ignored.


20/09/2013: Letter received.

We thank you for your recent correspondence.

Sainsburys Bank have advised us that they have responded directly to you regarding your request for documentation under the CCA1974.

Please advise us if you have not received this document.

27/11/2013 letter off em.

We write to advise that we have not received a recent communication or payment from StepChange Debt Charity in relation to your account

We have tried to establish contact with StepChange Debt Charity but have been unsuccessfull in our attempts. We recommend that you contact StepChange Debt Charity to discuss the status of your account and ask them to provide and update to us by 06.12.13

In the event that StepChange Debt Charity are no longer acting on your behalf please contact us on 0******5 in order to discuss a suitable plan to clear you outstanding balance

If we do not receive a response from your StepChange Debt Charity by 06 Dec 13 your account will return to our collection department

Ignored!!

Letter off HL LEGAL on behalf of crapquest 11/12/13.

Account purchased from: Sainsburys plc
Balance: £777.27
Capquest debt recovery ltd has appointed us to act in the above matter following your failure to respond to their letter of 19 nov 2013 (last letter)

TAKE NOTICE THAT unless this account is paid in full or a satisfactory proposal of settlement is received by 21 dec 13 court proceedings may be issued against you without further notice.

Court proceedings may involve you paying costs and may make it difficult for you to get credit if judgement is obtained against you.

in the event that court proceedings are necessary the following costs will be added to the debt.
Balance £777.27
Court costs £55.00
Solicitors costs £70.00
TOTAL £902.27

Interest where applicable will also be added, accruing on a daily basis.

Payment must be sent directly to our client.

12/12/2013Sent Threat by Creditor - To Commence Litigation letter

letter off em 07/02/2014,

I Write in response to your letter dated 12 December 2013

Firstly let me offer my apologies for my delayed response and for any inconvenience caused to you it is always our intention to resolve matters amicably and I can assure you that I have conducted a thorough investigation into your complaint
My understanding of your complaint is you state we have failed to supply you with a true signed copy of agreement and that this account is unenforceable. You have advised that our communication is harassment and that we are in breach of legislation. You also request statements for your account

A review of the account confirms this was purchased on 27 May 2010 from Sainsbury’s bank with an outstanding balance of £942.69 we have received payments totalling £165.42 for which I thank you.

Upon review of our systems I can confirm we received your original request for documentation on 19 November 2012 however due to a query regarding your name change these documents were not requested at this time. We sent you a letter 19.11.2012 requesting proof of your name and enclose your £1.00 fee. Your letter received 27.11.2012 provided information request therefore, we contacted Sainsbury’s directly and requested a copy of your agreement

Sainsbury’s contacted us on 17.09.2013 stating they have provided you with a copy of agreement . Our letter dated 17.09.2013 advised you of Sainbury’s response and requested you contact us if information was incorrect. I have further contacted Sainsbury’s directly and requested they provide copy of agreement and statements. These will be forwarded to you at the earliest opportunity. Your account will remain on hold until these have been provided and no contact will be made in the meantime

The consumer credit act 1974 allows 12 working days for compliance of the section 77(1) or section 78(1) request. Otherwise the creditor would be deemed to have default under the provisions of the act. Whilst a creditor who has defaulted under the provisions of the act cannot seek enforcement of the agreement, their right to do so is reinstated once the document which has caused the default is produced. Therefore as no contact will be attempted whilst we await documents from Sainsbury’s we are not in breach of these guidelines

Since dealing with your account I can confirm we have attempted one telephone call and sent letters, it is my understanding that this does not constitute harassment. I apologise for any inconvenience caused by our contact

To summarise I do not believe any breaches of legalisation have taken place on your account and we have dealt with your account appropriately

Whilst I am unable to agree a mistake has been made, I’m keen to make sure I have resolved your complaint and that you are satisfied with my final response. If you feel I’ve misunderstood your complaint or have any further details you think I should know please contact me directly and I will be happy to help

I appreciate you may not be satisfied with my final response therefore, should you wish to do so you can refer your complaint to the Financial Ombudsman Service within six months of the date of this letter. I am enclosing their leaflet that explains more about their services and includes their contact details. However it is my understanding that they will be unable to make a decision regarding the enforceability of the account

Please see last letter dated 07/02/2014, Please note we have never had a CCA off sainsburys (they may of sent it to our previous address).

Thanks in advance.

[ShedAnd]

Re: ShedAnd Unenforcability Diary

Hi all Please note there is 2 updates that needs attention 1 from CAPQUEST and 1 from ROBINSON WAY, Sorry about the capitals I was just highlighting them.

Cheers...

[Never-In-Doubt]

Re: ShedAnd Unenforcability Diary

Please see post dated 03/02/2014.

They have also set up 2 direct debits on the wifes bank acc (we have cancelled them now) we never gave them permission to do this and the wife says she has never paid them anything direct only via CCCS.

Can they do this or is it not allowed?


Thanks in advance..

WHAT???? Report this to FOS - how naughty - this is HOW you set-up a DD!! --> http://www.directdebit.co.uk/DirectD...gpayments.aspx

** Key to the above is that only you can set up a DD.

I'd ignore Rob Way right now, see what develops.

[Never-In-Doubt]

Re: ShedAnd Unenforcability Diary

Please see last letter dated 07/02/2014, Please note we have never had a CCA off sainsburys (they may of sent it to our previous address).

Thanks in advance.

I'd write back a one-liner along the lines of....

"Thanks for your letter dated xx Feb 2014. I'd like to point out that at no time have Sainsbury's ever sent me a copy of my CCA in line with s.78 CCA1974. As such this account does indeed remain unenforceable until such time as my complaint is dealt with, as directed within the Act."

Kinda thing

[ShedAnd]

Re: ShedAnd Unenforcability Diary

WHAT???? Report this to FOS - how naughty - this is HOW you set-up a DD!! --> http://www.directdebit.co.uk/DirectD...gpayments.aspx

** Key to the above is that only you can set up a DD.

I'd ignore Rob Way right now, see what develops.

Cheers Niddy How do I go about reporting it rather than complaining.

[ShedAnd]

Re: ShedAnd Unenforcability Diary

I'd write back a one-liner along the lines of....

"Thanks for your letter dated xx Feb 2014. I'd like to point out that at no time have Sainsbury's ever sent me a copy of my CCA in line with s.78 CCA1974. As such this account does indeed remain unenforceable until such time as my complaint is dealt with, as directed within the Act."

Kinda thing

Cheers for the 1 liner pal, letter done and ready to be posted tomorrow.

Thanks Niddy...

[PlanB]

Re: ShedAnd Unenforcability Diary

They have also set up 2 direct debits on the wifes bank acc (we have cancelled them now) we never gave them permission to do this

[Never-In-Doubt]

Re: ShedAnd Unenforcability Diary

Cheers Niddy How do I go about reporting it rather than complaining.

you need to formally complain but tbh it's probs not worth it unless you want to be their pain in the ass for a few weeks.

tell your bank not to allow any DD mandates from this firm as they're applying fraudulent DD's. That should restrict it further.

[ShedAnd]

Re: ShedAnd Unenforcability Diary

you need to formally complain but tbh it's probs not worth it unless you want to be their pain in the ass for a few weeks.

tell your bank not to allow any DD mandates from this firm as they're applying fraudulent DD's. That should restrict it further.

Thanks for that Niddy I think I will leave it but will instruct the bank to put a block on them..

[ShedAnd]

Re: ShedAnd Unenforcability Diary

ROBINSON WAY LTD

Type of account (credit card/loan) unknown

Date commenced Before 2004
Approx balance: £3044.25

Date last paid: Before 2004

Are you on arrangement or not paying: DMP

Status: Unknown

Account owner: Robinson way ltd, ex sainsburys

17 Nov 2012 CCA Request sent

23/11/2012. LETTER RECEIVED: Asking for name change confirmation with documentation and previous address.

26/11/2012. CCA request resent in maiden name.
6/12/12. Letter received. Following your request, we have today asked for a copy of the agreement/statement to verify that you are liable to pay the amount due.

Your a/c has been placed on a temporary delay pending receipt of this documentation and we will contact you again in due course.

23/01/2013: CCA request Received, sent to Niddy.
Confirmed no perscribed terms.

13/02/13 Letter off em!

We refer to your resent correspondence in which you claim this account is not enforceable.
We are satisfied that the documentation provided is sufficient to demonstrate liability and we will not enter into repetitive correspondence regarding this.
Your data will continue to be processed in line with the principles of the data protection Act 1998 and the account will continue to be reported to the credit reference agencies, where appropriate.if you neglect to make payment to us, further action will be taken against you.
We require payment proposals within 14 days.

07/03/13: Reply sent, thanks Scabhunter.

“Dear Sirs,

I am in receipt of your letter dated xx/xx/xxxx, and note its contents.

In response, I refer you to my previous letter of xx/xx/xxxx, in which I have outlined my position. If you dispute that position, it is your responsibility to demonstrate why, and not to send out routine templates which have no relevance to the actual situation. Your unsupported and ludicrous assertion that you are “satisfied that the documentation provided is sufficient to demonstrate liability” is entirely inconsistent with the position of the law itself, namely the Consumer Credit Act 1974, as referred to in the previous communication.

Note also that as a commercial operation, you are in no position to “require” anything. I suggest that you moderate the tone of your communications in future, as any further abusive or misleading communications will result in the submission of a formal complaint, which may be escalated to the relevant regulatory authorities.

Yours Faithfully,”


13/03/13: Letter again,
We agreed an affordable payment plan with your money advice agency, but we have not received the payments as promised. If you have made payment to us in the last few days please ignore the letter.
Otherwise please make payment of the overdue sum as soon as you can blah blah blah.
IGNORED!
16/03/13: Another letter.
We write to acknowledge the above complaint received by yourselves.
The matter will be investigated thoroughly by our complaints and compliance department and we will report our findings directly to the complainant and we will contact you again ASAP, but certainly no later than 4 weeks time.
We will eagerly wait.

04/05/13 letter off em.
See attached.

27/05/13: Letter sent to em, Final response (CCA received)

11/06/13: letter off em.

Further to your recent correspondence, contents of which have been noted.

After reviewing the account we have made our position perfectly clear and will not enter into repetitive correspondence regarding this matter.

As previously advised we believe that the documents supplied comply fully with the requirements of the Consumer Credit Act 1974. However any assertions that the agreement is UE would be for the matter for a court to determine, should either party wish to enter into litigation.

In the absence of any alternative dispute, we now require your proposals for payment within the next 14 days. After this time collection activity will resume on your account or we may transfer your account to our firm of solicitors who may commence legal action against you.


29/06/13: letter off DRYDENSFAIRFAX.


We have been instructed by our clients agent, robinson way, in relation to the above outstanding debt. legal action mey be taken against you unless you take steps to resolve this matter within 10 days of the date of this letter.
to avoid further action you should either, Make payment in full, Pay what you can now and agree an affordable repayment arrangement to repay the remainder by contacting robinson way on 0845605***.

payment should be made...blah blah blah...

Any court action may result in additional court fees. blah blah blah.....

15/07/13, Threat to Commence Litigation letter sent.

18/07/13: letter off them.

As we have been unable to contact you via any other way, we may now arrange for a doorstep collection agent to call at your address to agree an affordable payment plan with you, dependant on your personal circumstances.

To avoid the matter being escalated to this next stage of the debt collection process involving a home visit, please contact this office to discuss your circumstances and to agree an affordable payment plan directly with us.

05/09/2013: letter off em.

We have sent you a number of letters, tried to telephoneyou, and our doorstep collection agent may have called at your home, but youraccount remains unpaid.
The full balance is due and payable, but this may not beaffordable.
Note: We can offer a reduction to the balance owed to settlethis account depending upon your circumstances. To help settle this account youmay even be able to pay the reduced balance by instalments you can afford, andwill be able to maintain.

Ignored

Received a letter off em: 03/02/2014

Immediate Action Required
This is a notice about your unpaid account which is in our hands to collect. We are authorised to negotiate repayment of the account with you
Act Now Call us without delay
To pay using a your card, or you can pay online at : www.robway.co.uk or use the slip overleaf
Tell us if you cannot pay in full we will agree an affordable payment plan that you can keep up
Take Notice
If you fail to pay and neglect to deal with account further action may be taken to recover the amount due.


Letter off em, 21/02/2014

Important….Do not ignore

Our Client has authorised us to recover the full amount you owe, shown above
Note: Unless you pay, or agree an affordable payment plan with us without delay, we may consider taking court action to recover the amount due
If court action is taken and a court considers your failure to pay to be due to your refusal or neglect to pay, an order for repayment may be made. If you fail to pay in accordance with a court repayment order, the following may occur

An application to the court to enforce repayment
Future credit, especially mortgages, may be difficult to obtain
This account may continue to worry you
Unpaid Debts don’t just go away, or get forgotten no matter how much people want to happen. Call us to pay, or agree a payment plan, directly, If you prefer you can deal with online at: www.robway.co.uk or by email: payline@robinson.way.com

Hi all please see letter dated 21/02/2014 from robway, I think this 1 needs a reply, thanks in advance.