Smoogys UE Diary

[Deepie]

Re: Smoogys UE Diary

I havent even had a response to my last letter I sent them or indeed had notification that the account is being processed for legal action!!

WHAT DO I DO NOW????? ALL ADVICE APPRECIATED!!

I would do a one liner referring them to your last letter...and enclose a copy...

[smoogy]

Re: Smoogys UE Diary

I would do a one liner referring them to your last letter...and enclose a copy...

Thanks for your response - I will do that on Monday!

[smoogy]

Re: Smoogys UE Diary

Hi All

Well I got a letter today redirected to my new address from Crapquest and they have once again ignored my letter asking them to refer to my last letter which they have not responded to. The letter I sent was the creditor refusal to accept letter. This has now been sent to them twice and they have not responded. The letter I got today was telling me that they are in the process of arranging for Scotcall Ltd to do a doorstep recovery. If I do not respond to this letter by the 12th Sep then an agent will be despatched and will call at my old address. The doorstep agent is instructed to collect the full amount due or to compile a report as to my financial position to assist with further action. They are asking me to call to discuss ways in which I may pay instalments etc.

Now I have moved address and am having my mail redirected - I am not on voters roll at new address and do not intend to go on it at this time. Should I just send the letter back saying moved away no longer at this address??? I am in no financial position to pay them so really have hit a brick wall as it looks like they are just ignoring my letters. I am explaining in my letters thay they have been sent recorded delivery and I have proof of delivery but it is making no difference.

Any advice would be appreciated as I am not really starting to stress about this.
Thanks

[smoogy]

Re: Smoogys UE Diary

Hi Can anyone advise please???

thanks

[DoTheyMeanMe]

Re: Smoogys UE Diary

Maybe stating the obvious here but,

Do not to call them, or speak to them by telephone at all.

Keep everything in writing, that way they will not trip you up on the phone and it will give you time to take advice on here about how best to respond.

Good luck

[SXGuy]

Re: Smoogys UE Diary

You should send them the threat of door step visit letter, and perhaps Enough is Enough. Merge the two or send both in same envelope. up to you. Its unlikely someone will visit but if they do, just dont answer or tell them politey to f off.

[Enforcer]

Re: Smoogys UE Diary

Basically what they sent initially to the CCA request was a mish mash of mixed terms and conditions and Niddy initially thought it was enforceable but upon closer inspection he changed his mind and said it was unenforceable because it was such a mess what they sent and alot of it was illegibile. So we then sent the missing terms and conditions letter and they came back saying basically saying that because they have supplied a copy of a signed credit agreement encompassed within the application form then I am legally bound by the terms and conditions that have been supplied. They also say that I believe the agreement supplied is non compliant with the CCA 1974, however they say I would have received a copy of agreement when my card was issued and they believe I would have had every opportunity to raise any issues or concerns I may have had in relation to the agreement then.
They have sent copies of statements of the account and they say that they show me maintaining the account - they are satisfied that the documentation provided to me is accurate and legally enforceable and that I have acknowledged the outstanding balance by making offers of repayment to them.
They say they are happy to discuss the possibility of a lower settlement but want financial statements etc before doing so and once they have this they will agree a payment plan.
They then say that no mistake has been made by them and the account has been passed back to collections and I should call them.
They have also said that the Financial Ombudsman cannot handle my complaint as it is regarding enforceability and if I wish to complain I should refer it to the Credit Services Association.
had supplied everything but they also included a statement of account with this response.

Ask for a final response on this. The Fos Will take on a complaint when the creditor refuses to provide a legible cca and or terms that should have been provided at the time of signature. They are telling you porkies!

[smoogy]

Re: Smoogys UE Diary

I have to say thet I am honestly favouring the disappearing act route i.e moved away and returning mail as they do not seem to read any letters I send them and I think it may be a waste of time.

[nightwatch]

Re: Smoogys UE Diary

Send it back as no longer at this address, all they will actually do is pass it on to DCA, to dca, to dca ..... you may get a letter from another DCA as a fishing trip,if so let us know Good Luck NW

[Pip]

Re: Smoogys UE Diary

I have to say thet I am honestly favouring the disappearing act route i.e moved away and returning mail as they do not seem to read any letters I send them and I think it may be a waste of time.

I would wait for confirmation from someone more knowledgeable than myself, but unless you're planning to emigrate to another country, from what I understand it's important to keep in letter contact (even if the absolute minimum of contact) with DCAs. I'm sure I've heard that otherwise they can end up issuing court proceedings or pushing through a county court judgment in absence.

As mentioned though, I'd wait for someone here more knowledgeable than myself to confirm or refute this.

[smoogy]

Re: Smoogys UE Diary

I would wait for confirmation from someone more knowledgeable than myself, but unless you're planning to emigrate to another country, from what I understand it's important to keep in letter contact (even if the absolute minimum of contact) with DCAs. I'm sure I've heard that otherwise they can end up issuing court proceedings or pushing through a county court judgment in absence.

As mentioned though, I'd wait for someone here more knowledgeable than myself to confirm or refute this.

How can they do that if they cant find you or contact you??

[Pip]

Re: Smoogys UE Diary

How can they do that if they cant find you or contact you??

I'm almost certain I've read that county court judgments can be issued against you without you finding out until after it's happened.

[nightwatch]

Re: Smoogys UE Diary

i believe they would write to the old address, but if post is sent back as moved away they have to try and find you, but some can be underhand and issue one to the old address

[smoogy]

Re: Smoogys UE Diary

Hi can anyone advise PLEASE?? on the latest update x

[Deepie]

Re: Smoogys UE Diary

I have to say thet I am honestly favouring the disappearing act route i.e moved away and returning mail as they do not seem to read any letters I send them and I think it may be a waste of time.

Send it back as no longer at this address, all they will actually do is pass it on to DCA, to dca, to dca ..... you may get a letter from another DCA as a fishing trip,if so let us know Good Luck NW

That's what I would do....

Hi can anyone advise PLEASE?? on the latest update x

Have you told them your new address ?

If not I would re turn to sender if it were me.....