JASSASBLUE - UE Diary

[jassasblue]

Re: JASSASBLUE - UE Diary

Account Owner Apex Credit Management, previously Egg

• Type of account Loan
• Date commenced 01/06/2005
• Approx balance £1821.38
• Date last paid DMP 25/12/2013
• Are you on arrangement or not paying DMP
• Status Default 17/07/2008

Letter Sent
Letter Received

03/01/14 CCA Letter sent
11/01/14 Letter from Apex, agreement requested from Egg
09/05/14 Agreement received from Apex, emailed to Niddy
11/05/14 Niddy says UE Terms and Conditions missing
24/05/14 Missing PTs letter sent to Apex

Letter from Apex in response to Missing PTs, Re your Apex purchased portfolio, please be advised that the prescribed terms relates to the making of the agreement not the enforcement of the agreement. As you signed within the box that states "this is a credit agreement regulated by the Consumer Credit Act 1974. Sign it only if you want to be bound by its terms" you are liable for the outstanding balance and we will continue to pursue payment.

Do I just ignore this??

[jassasblue]

Re: JASSASBLUE - UE Diary

Moorcroft now acting for Argos it would seem, I haven't had notification of this, do I send the SWID?

If they're just acting as agents (as opposed to buying the account) then you won't get formal notification as such.

I'd just ignore the Hello from Moorcroft if it was me and see what they send next

Letter from Argos responding to my SWID 29/3/14 - They confirm that they are unable to locate my credit agreement as they have previously notified me. However they do not accept that the agreement is unenforceable and they have sent me a statement, they are to continue with Debt Collection activities. Good luck with that then Argos!

[Undercover Elsa]

Re: JASSASBLUE - UE Diary

If they're just acting as agents (as opposed to buying the account) then you won't get formal notification as such.

I'd just ignore the Hello from Moorcroft if it was me and see what they send next

[jassasblue]

Re: JASSASBLUE - UE Diary

Account Owner Argos

Type of account Store Card
Date commenced 16/11/2004
Approx balance £1590.23
Date last paid DMP 25/12/2013
Are you on arrangement or not paying DMP
Status Arrangement on Credit File

Letter Sent
Letter Received

03/01/14 CCA Letter Sent
20/01/14 No response yet
29/01/14 Agreement received (21 pages of small print) emailed to Niddy

Niddy says ignore

03/02/14 Missing PT's template sent
14/02/14 Letter received from Argos - Unfortunately we are unable to locate the signed copy of your agreement. We make no admissions whether or not the agreement was actually signed by yourself and reserve the right to undertake a more thorough search should it become necessary for us to enforce the agreement in court. We accept that unless we are able to locate the signed agreement or otherwise prove that it was signed by you it is unenforceable against you.

Finally after 6 years it looks like I'll get a default, this letter is very safe

25/02/14 Default notice received from Argos and notification saying DCA to be assigned. Argos never stopped the interest during my DMP, in fact I owe more now after 5 years of DMP than when I started!!!!

26/03/14 Letter from FRS Financial Recovery Services Letter, Pre Litigation Warning,
29/03/14 SWID sent
03/04/14 Letter from FRS - Notice of Intended Recovery, threatening they may refer for a home visit or legal action to obtain a CCJ - I think this has crossed with the SWID letter so ignored
01/05/14 Letter from FRS - they are delighted to offer me a settlement opportunity of minus 20% - ignored!
12/05/14 Letter from FRS - asking me to call to make payment - ignored!
24/05/14 Letter from Moorcroft Debt Recovery they are now collecting the balance, request I ring to make arrangement to pay.

Moorcroft now acting for Argos it would seem, I haven't had notification of this, do I send the SWID?

[Never-In-Doubt]

Re: JASSASBLUE - UE Diary

Send them this, see how they like it....

* obviously at this stage don't complain to FCA.

Dear Sirs,

Ref: xxxxxxxx

I write with reference to your letter dated 7 may 2014 and note the content within.

Last I heard Studio sold this to Moorcroft Debt Collection on 17th April, yet here you are trying to act all high and mighty less only two weeks later? Tell you what, being Studio have instructed you to collect on this account you can be the ones who try again, by first sending a copy of the assignment notice from Studio giving you authority to deal with this matter because I was told only a couple of weeks ago that Moorcroft would be managing this account.

On a separate matter, your threats are totally unlawful and quite misleading as is the use of bold highlighted font, with the intention to scare. As a result of your quite unlawful tactics to scare a debtor, I feel I am left with no alternative but to report you to the Financial Conduct Authority because under the new FCA Consumer Credit Sourcebook regulations it is clear your behaviour and use of language in this one letter breaches no less than 11 separate elements of CONC. That in my view is pretty severe and I hope the FCA punish you accordingly.

Yours faithfully,


Sign Digitally.

[jassasblue]

Re: JASSASBLUE - UE Diary

Please send me the letter from Akinika - then I'll sort you a reply. Please try and send asap as I'm out later and might not get time to look in

Thanks Niddy, I've sent it, I'm feeling a bit of a wally with this one, after carefully reading it, their threats are all 'we may', hope I'm not wasting your valuable time

Note to self, not to panic, it's a Sunday - relax!

[Never-In-Doubt]

Re: JASSASBLUE - UE Diary

10/05/14 Letter from Akinika Debt Recovery, threatening CCJ, and Home Visit, stating their actions continue regardless of whether I read the notice or not. I haven't heard from these before, do I just send the SWID?

Please send me the letter from Akinika - then I'll sort you a reply. Please try and send asap as I'm out later and might not get time to look in

[Never-In-Doubt]

Re: JASSASBLUE - UE Diary

09/05/14 Letter from Apex with agreement, will scan and email to Niddy later, it has my signature on, perhaps this is the 1st enforceable, let's wait and see!

Not yet - it's UE

Are there any terms? It mentions term 2.3 on the loan key facts but this term is missing – if so then respond with Missing PT’s --> http://www.all-about-debt.co.uk/inde...escribed-terms

[jassasblue]

Re: JASSASBLUE - UE Diary

Account Owner Studio Catalogue

Type of account Catalogue
Date commenced 21/09/2004
Approx balance £1299.59
Date last paid DMP 25/12/2013
Are you on arrangement or not paying DMP
Status Arrangement on credit file

Letter Sent
Letter Received

03/01/14 CCA Letter Sent
15/01/14 Reconstituted agreement and statement of account received,
15/01/14 Email to Niddy for advice (signature electronic and definitely not mine!)

Niddy's reply:
It's unenforceable. Stop paying and send them the Missing PT's letter.

Template to send back -> http://www.all-about-debt.co.uk/old/index.php/template-letters/unenforceability/s2-receiving-letters/118-cca-query-missing-prescribed-terms

Now even though we know it's a fraudulent copy, at this stage we don't tell them. So obviously that's why we're sending the missing PT's template so as not to give away your ace card ie they sent a fake recon and faked your signature (fraud).

They won't win if they took you to court, put it that way

16/01/14 PT Letter sent
25/01/14 Reply from Studio, clever nonsense and asking for payment, emailed to Niddy to be sure UE, ignore was the reply - cheers pal!

08/02/14 Letter received - thanking me for my £1 payment 9th January (this was for my CCA request and they've applied it to my account!). Letter states they are to reapply interest and charges to my account as I haven't paid. For every letter they will make a charge

10/02/14 Copy of CCA letter issued and one liner asking to remove £1 as a payment off my account

19/02/14 2 Letters from Studio - 1 stating £12 default charge added for non payment and the other contains this: 'As confirmed in a recent court case (Carey v HSBC 2009) Section 78 of the CCA 1974 requires creditors to provide a reconstituted copy of the credit agreement. It further states that of a copy of the original agreement is not required to be provided'. Then later 'We would remind you that the original credit agreement was sent with your order when the account was opened in September 2004. Our customers are asked to sign both copies, returning one copy and to keep their copy in a safe place should they decide to choose repayment by credit terms instead of full payment. By taking advantage of paying the minimum payment every 28 days you are as such subject to the terms and conditions as stated within the credit agreement' and so it goes on....

07/03/14 Letter sent Creditor Refusal to accept UE status

13/03/14 Letter from Studio refusing to accept UE, chasing for payment
20/03/14 3 letters received today, 1 x default notice from DCS (Debt Collection & Security), 1 x notice of arrears with lots of extra charges, 1 x statement - all ignored
17/04/14 Letter from DCS, transfer to Moorcroft Debt Collection, more charges added - ignored until they contact

10/05/14 Letter from Akinika Debt Recovery, threatening CCJ, and Home Visit, stating their actions continue regardless of whether I read the notice or not. I haven't heard from these before, do I just send the SWID?

[jassasblue]

Re: JASSASBLUE - UE Diary

Account Owner Apex Credit Management, previously Egg

• Type of account Loan
• Date commenced 01/06/2005
• Approx balance £1821.38
• Date last paid DMP 25/12/2013
• Are you on arrangement or not paying DMP
• Status Default 17/07/2008

Letter Sent
Letter Received

03/01/14 CCA Letter sent
11/01/14 Letter from Apex, agreement requested from Egg

09/05/14 Letter from Apex with agreement, will scan and email to Niddy later, it has my signature on, perhaps this is the 1st enforceable, let's wait and see!

[MrsD]

Re: JASSASBLUE - UE Diary

I'd just wait and see what's next, with any luck they'll start to pay you, extraordinary discount offer

[jassasblue]

Re: JASSASBLUE - UE Diary

Account Owner Moorcroft Debt Recovery, previously Citi Cards

Type of account Credit Card
Date commenced Unknown poss 95 - 96
Approx balance £1476.34
Date last paid DMP 25/12/2013
Are you on arrangement or not paying DMP
Status Dropped off Credit File

Letter Sent
Letter Received

03/01/14 CCA Letter Sent
13/01/14 Letter received from Moorcroft saying contact Citi Financial for CCA
16/01/14 CCA Letter sent to Citi Financial
01/02/14 Letter Received from Citi Cards
unfortunately we are no longer able to assist you as your card account has been sold to third party organisation. All information requests (other than data subject information requests under the Data Protection Act 1998) must be requested directly from the third party organisation who purchased your account. They haven't returned my PO either !!
03/02/14 2nd CCA Letter sent to Moorcroft with copy of Citi Cards Letter
13/02/14 Letter received from Moorcroft - Account in dispute, they are to contact OC, advised I suspend payment and await further outcome.
07/03/14 Letter from Moorcroft, failed to pay arrangement, doorstep visit arranged.

24/04/14 Letter from Moorcroft, after numerous attempts to contact me without success they are offering me a 70% settlement offer before court action!

Citi Cards haven't sent my CCA see 01/02/14 above, do I need to reply with anything or just ignore?

Thanks

[jassasblue]

Re: JASSASBLUE - UE Diary

Have you heard from Scotcall previously? If not I would send [url=http://www.all-about-debt.co.uk/index.php/template-letters/unenforceability/347-cca-query-account-sold-in-cca-dispute] Account Sold While In Dispute [/] If you have then I would send Threat Received - Standard Threat-o-Gram

Remember, to access these templates you need to register with the AAD site, click on the activation email and be logged in to the site.

Regarding Argos. You said that their letter crossed with SWID? Then I would just wait and see what they send next.

I'll wait for the next letter from Argos and no, not heard from Scotcall before, the SWID it is!

Thank you Pixie for all of your help, much appreciated

[Pixie]

Re: JASSASBLUE - UE Diary

Have you heard from Scotcall previously? If not I would send [url=http://www.all-about-debt.co.uk/index.php/template-letters/unenforceability/347-cca-query-account-sold-in-cca-dispute] Account Sold While In Dispute [/] If you have then I would send Threat Received - Standard Threat-o-Gram

Remember, to access these templates you need to register with the AAD site, click on the activation email and be logged in to the site.

Regarding Argos. You said that their letter crossed with SWID? Then I would just wait and see what they send next.

[jassasblue]

Re: JASSASBLUE - UE Diary

Account Owner Debt Managers Ltd, previously Next

• Type of account Next Directory Store Card
• Date commenced 25/11/2002
• Approx balance £601.00
• Date last paid DMP 25/12/2013
• Are you on arrangement or not paying DMP
• Status Default 02/10/2009

Letter Sent
Letter Received

03/01/14 CCA Letter sent
11/01/14 Agreement received from Next
11/01/14 Email to Niddy
11/01/14 Email from Niddy agreement UE :-) Next course of action: http://www.all-about-debt.co.uk/old/...escribed-terms
16/01/14 PT letter sent
16/01/14 Another agreement received from Next same as 11/01/2014 - only difference they say balance £201.15 instead of £601.16
20/01/14 Letter received from Debt Managers Ltd enclosing agreement and asking for payment - ignored as crossed with PT Letter 16/01/14
18/03/14 Letter received from Debt Managers Ltd chasing for payment, they have contacted Stepchange who inform account closed!
27/03/14 Letter received from Parkgate Investigation Bureau (division of Debt Managers) chasing for payment - ignored

Letter received from Scotcall - threat of litigation and doorstep visit - help what do I send?

Also please see post #118 I need help with Argos too!

Thanks in advance