Smoogys UE Diary

[SXGuy]

Re: Smoogys UE Diary

Send the telephone harrassment letter. Not all comply, most do.

[Enforcer]

Re: Smoogys UE Diary

I wouldn't send that letter. Ex directory, already said it is wrong number!

[smoogy]

Re: Smoogys UE Diary

Hi
I got a letter today from CapQuest - I will outline the contents below

Basically they start by saying they have not received a response from me regarding their last letter and it is regrettable that I have taken this stance. If they do not receive a proposal or payment by 05 Aug 13 my account will be classified as a "wont pay" since I am refusing to engage with them to discuss my debt.
The then offer a full and final of £6988.96 which can be paid over 3 months. If I am not in a positioin to take up this offer then I will need to contact them to discuss a suitable payment plan.

Contact can be made by phone or I can write to them.
No contact will mean further action.
They finish by saying that failure to respond to this letter will escalate the collection process which may include personal visits by their doorstep collection agency and legal action.

-----------------------
Any advice on how to proceed would be greatly appreciated. As already stated I am not in a position to pay the full and final offer. & I am moving home in 6 weeks.
Thanks

[Deepie]

Re: Smoogys UE Diary

Hi
I got a letter today from CapQuest - I will outline the contents below

Basically they start by saying they have not received a response from me regarding their last letter and it is regrettable that I have taken this stance. If they do not receive a proposal or payment by 05 Aug 13 my account will be classified as a "wont pay" since I am refusing to engage with them to discuss my debt.
The then offer a full and final of £6988.96 which can be paid over 3 months. If I am not in a positioin to take up this offer then I will need to contact them to discuss a suitable payment plan.

Contact can be made by phone or I can write to them.
No contact will mean further action.
They finish by saying that failure to respond to this letter will escalate the collection process which may include personal visits by their doorstep collection agency and legal action.

-----------------------
Any advice on how to proceed would be greatly appreciated. As already stated I am not in a position to pay the full and final offer. & I am moving home in 6 weeks.
Thanks

Some history here please........

[Deepie]

Re: Smoogys UE Diary

Hi
I got a letter today from CapQuest - I will outline the contents below

Basically they start by saying they have not received a response from me regarding their last letter and it is regrettable that I have taken this stance. If they do not receive a proposal or payment by 05 Aug 13 my account will be classified as a "wont pay" since I am refusing to engage with them to discuss my debt.
The then offer a full and final of £6988.96 which can be paid over 3 months. If I am not in a positioin to take up this offer then I will need to contact them to discuss a suitable payment plan.

Contact can be made by phone or I can write to them.
No contact will mean further action.
They finish by saying that failure to respond to this letter will escalate the collection process which may include personal visits by their doorstep collection agency and legal action.

-----------------------
Any advice on how to proceed would be greatly appreciated. As already stated I am not in a position to pay the full and final offer. & I am moving home in 6 weeks.
Thanks

Some history here please........

Just re read the thread.....did you send CCA Query - Missing Prescribed Terms letter ?

and if you did when ?

[smoogy]

Re: Smoogys UE Diary

Just re read the thread.....did you send CCA Query - Missing Prescribed Terms letter ?

and if you did when ?

Hi

Yes the CCA was sent at the beginning of May (as per page 2 of thread) and the response received has been detailed in earlier posts. Niddy has had a look at the response to the CCA request.

Thanks

[Deepie]

Re: Smoogys UE Diary

Hi

Yes the CCA was sent at the beginning of May (as per page 2 of thread) and the response received has been detailed in earlier posts. Niddy has had a look at the response to the CCA request.

Thanks

.....did you send CCA Query - Missing Prescribed Terms letter ?

This letter is different to a CCA request.......

[smoogy]

Re: Smoogys UE Diary

.....did you send CCA Query - Missing Prescribed Terms letter ?

This letter is different to a CCA request.......

Yes it was the missing prescribed terms letter that I sent.

[Deepie]

Re: Smoogys UE Diary

Yes it was the missing prescribed terms letter that I sent.

When did you send it ?

[smoogy]

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.

[smoogy]

Re: Smoogys UE Diary

When did you send it ?

Beginning of May

[Deepie]

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.

OK I'm with you now....I'd be sending this if it were me-----> Creditor Refusal to Accept UE Status

[smoogy]

Re: Smoogys UE Diary

OK I'm with you now....I'd be sending this if it were me-----> Creditor Refusal to Accept UE Status

Sounds good to me I will pop it in the post to them tomorrow!!

Thanks alot for responding and helping me I really appreciate it!

[Enforcer]

Re: Smoogys UE Diary

This is Crap one we are talking about. They did not normally have compliant agreements. Just do as you have been advised. Eventually the hassle will go away. Just takes time.

[smoogy]

Re: Smoogys UE Diary

Hi
Well I haven't heard a thing from CrapQuest since sending the Creditor Refusal to Accept UE Status letter on the 25th July and then today I get a letter from them stating (will outline the basics!):
As you will now be aware your account is being processed for legal action.
Your account has been selected for a one time solution to settle your account.
Basically they are saying if I agree to pay an amount of my choosing by direct debit or another method that suits me for every payment that is received with the arrangement made they will credit the account with an amount equal to 30% of the payment. i.e if i pay £50 they will credit an additional £15.
They then ask me to contact their collections team, and I should do so by 28 August or it will be withdrawn.

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!!