Digby's ue Diary

[Digby]

Re: Digby's ue Diary

Hi

Any reason you tried to re-register?

** The duplicate account is now deleted.

Ah, yes, we registered my partner but should have chosen a less similar name! Sorry, will re-do it.

[Digby]

Re: Digby's ue Diary

Asda/Santander/Niceday
Type of account - Credit card
Date commenced – Around 2007, will need to check
Approx balance - £2,200
Date last paid – 19/01/2015
Are you on arrangement or not paying – Was making reduced payment but have now stopped
Status – Default Notice 30.9.2014
Account owner – Lowell
History – Asda, then Santander, then Niceday
5.6.2014 Niceday agreed payment plan.
15.1.2015 Niceday advised sold to Lowell’s
10.2.2015 CCA request sent
19/02/2015 Letter from Lowell’s advising they may not be able to get documents within 12 days as requested.
3.3.2015 Letter from Lowell’s advising Newday “still trying to retrieve it from their archives” and account has been put on hold until they receive further info from Newday.
27.3.2015 Letter received from Lowells enclosing reconstituted version of CCA, Niddy advised not ue
30.4.2015 Letter sent to Lowell offering F&F 10% of balance
5.5.2015 Letter from Lowell, said no to 10% but would accept 85%.

The latest letter from Lowell includes the phrase "upon signing your contract with Newday" which is interesting, because I have never signed a contract with Newday.

[Digby]

Re: Digby's ue Diary

Capital One
Type of account - Credit card
Date commenced - 1998
Approx balance - £10,800
Date last paid – October 2014
Are you on arrangement or not paying – Was making reduced payment but have now stopped
Status – 28.8.2014 Default Notice
Account owner – Capital One or Cougar Collections, not sure at this time.
History – Capital One from date of agreement but may now be with Cougar Collections.

23.10.2014
Had an automated call this morning, a google search tells me it’s from Cougar Financial Services / CFS which suggests it concerns my Capital One credit card (they are the only company from a total of 12 who haven’t accepted my DMP proposal). We’ve not received any letters from Capital One to say that they’ve passed the debt on to this collection agency but I have to assume that is what they have done. This credit card account was opened prior to 2007 and I intend to send a CCA request using your template with a £1 postal order via recorded delivery. I am wondering should I send it to Capital One or to the Collection Agency or to both? I assume we’ll be receiving a letter from them in the next few days to confirm the debt has been passed over but I’m pretty sure it’s Capital One. I can block any calls from Cougar and I’ll await a letter from them but I’m wondering how things might progress from here.
27.10.2014 Now confirmed as passed to Cougar.
Have today sent request for CCA using your template, recorded and tracked delivery.
12.11.2014 Copy of CCA received from Capital One
14.11.2014 CCA uploaded
21.11.2014 Niddy advised temporarily UE as no PTs, advised to send follow-up letter.
5.12.2014 Letter from Capital One advising passed to Frederickson International followed by call from Fredericksons which I blocked.
19.12.2014 Follow up letter “CCA Query Missing Prescribed Terms” sent to Fredriksons
15.4.2015 Letter from Credit Solutions saying passed to them from Capital One and requesting arrangement for payment.
30.4.2015 Follow up letter “CCA Query Missing Prescribed Terms” sent to Credit Solutions
13.5.2015 Letter from Credit Solutions saying that Capital One will accept F&F of 50%. Ignored.

This latest letter from CS says that if I pay F&F of 50% then Capital One will not pursue me for the rest but it will remain on my account, and they "reserve the right to set of the unpaid balance against any subsequent claim I may bring against them". What does this mean please?

[nightwatch]

Re: Digby's ue Diary

I think it mean's that if you make a claim for PPI or anything else,they will take the money due to you and pay it off the rest of the debt, cheeky sod's

they want you to pay 50% of an UE debt ( unless they find the PT- which I doubt) and then only say it is partially settled so that they can then take anything you may be due in a PPI reclaim,

I would ignore for now

PS half the time CS haven't a clue what they are doing

[The Tech Clerk]

Re: Digby's ue Diary

Ignore treat as a begging letter

[Digby]

Re: Digby's ue Diary

Capital One
Type of account - Credit card
Date commenced - 1998
Approx balance - £10,800
Date last paid – October 2014
Are you on arrangement or not paying – Was making reduced payment but have now stopped
Status – 28.8.2014 Default Notice
Account owner – Capital One or Cougar Collections, not sure at this time.
History – Capital One from date of agreement but may now be with Cougar Collections.

23.10.2014
Had an automated call this morning, a google search tells me it’s from Cougar Financial Services / CFS which suggests it concerns my Capital One credit card (they are the only company from a total of 12 who haven’t accepted my DMP proposal). We’ve not received any letters from Capital One to say that they’ve passed the debt on to this collection agency but I have to assume that is what they have done. This credit card account was opened prior to 2007 and I intend to send a CCA request using your template with a £1 postal order via recorded delivery. I am wondering should I send it to Capital One or to the Collection Agency or to both? I assume we’ll be receiving a letter from them in the next few days to confirm the debt has been passed over but I’m pretty sure it’s Capital One. I can block any calls from Cougar and I’ll await a letter from them but I’m wondering how things might progress from here.
27.10.2014 Now confirmed as passed to Cougar.
Have today sent request for CCA using your template, recorded and tracked delivery.
12.11.2014 Copy of CCA received from Capital One
14.11.2014 CCA uploaded
21.11.2014 Niddy advised temporarily UE as no PTs, advised to send follow-up letter.
5.12.2014 Letter from Capital One advising passed to Frederickson International followed by call from Fredericksons which I blocked.
19.12.2014 Follow up letter “CCA Query Missing Prescribed Terms” sent to Fredriksons
15.4.2015 Letter from Credit Solutions saying passed to them from Capital One and requesting arrangement for payment.
30.4.2015 Follow up letter “CCA Query Missing Prescribed Terms” sent to Credit Solutions
6.5.2015 Letter from Credit Solutions saying that Capital One will accept F&F of 50%. Ignored.
11.5.2015 Letter from Capital One, 3 pages going into detail about why they don't think it's ue, have uploaded for Niddy to view.

Had a letter today from Capital One, dated several days after the F&F offer from CS, stating that they believe that the CCA does contain all of the prescribed terms and seeking payment.

[The Tech Clerk]

Re: Digby's ue Diary

their usual response

[Digby]

Re: Digby's ue Diary

The letter from Capital One goes into quite specific detail about why they think the agreement does contain all of the prescribed terms, is this usual? I've uploaded it anyway as it might be useful.

[Never-In-Doubt]

Re: Digby's ue Diary

The letter from Capital One goes into quite specific detail about why they think the agreement does contain all of the prescribed terms, is this usual? I've uploaded it anyway as it might be useful.

No - we don't care what they think, we actually do know best and we also beat Lowells daily for fun - says it all

The latest letter from Lowell includes the phrase "upon signing your contract with Newday" which is interesting, because I have never signed a contract with Newday.

If you ceased payment in Jan 2015 - it's waaaaaay too soon to make such an offer. Especially that low..

[Never-In-Doubt]

Re: Digby's ue Diary

Capital One
This latest letter from CS says that if I pay F&F of 50% then Capital One will not pursue me for the rest but it will remain on my account, and they "reserve the right to set of the unpaid balance against any subsequent claim I may bring against them". What does this mean please?

It is a fishing letter where they are trying to get a settlement - and as Nightwatch says, they imply they will offset any future reclaim made by you. However they won't and can't unless they are just acting for the OC - if they are fully assigned they cannot offset to another lender

[Digby]

Re: Digby's ue Diary

Asda/Santander/Niceday
Type of account - Credit card
Date commenced – Around 2007, will need to check
Approx balance - £2,200
Date last paid – 19/01/2015
Are you on arrangement or not paying – Was making reduced payment but have now stopped
Status – Default Notice 30.9.2014
Account owner – Lowell
History – Asda, then Santander, then Niceday
5.6.2014 Niceday agreed payment plan.
15.1.2015 Niceday advised sold to Lowell’s
10.2.2015 CCA request sent
19/02/2015 Letter from Lowell’s advising they may not be able to get documents within 12 days as requested.
3.3.2015 Letter from Lowell’s advising Newday “still trying to retrieve it from their archives” and account has been put on hold until they receive further info from Newday.
27.3.2015 Letter received from Lowells enclosing reconstituted version of CCA, Niddy advised not ue
30.4.2015 Letter sent to Lowell offering F&F 10% of balance
5.5.2015 Letter from Lowell, said no to 10% but would accept 85%



Looks like I went too low too soon with the F&F offer then, it's a bit of a steep learning curve! As they have rejected it and given us 30 days to respond I thought about leaving it and then send a 'missing prescribed terms' letter as previously suggested, in other words blagging it, if only to draw it out.

[The Tech Clerk]

Re: Digby's ue Diary

Any update on this one?

[Digby]

Re: Digby's ue Diary

Asda/Santander/Niceday
Type of account - Credit card
Date commenced – Around 2007, will need to check
Approx balance - £2,200
Date last paid – 19/01/2015
Are you on arrangement or not paying – Was making reduced payment but have now stopped
Status – Default Notice 30.9.2014
Account owner – Lowell
History – Asda, then Santander, then Niceday
5.6.2014 Niceday agreed payment plan.
15.1.2015 Niceday advised sold to Lowell’s
10.2.2015 CCA request sent
19/02/2015 Letter from Lowell’s advising they may not be able to get documents within 12 days as requested.
3.3.2015 Letter from Lowell’s advising Newday “still trying to retrieve it from their archives” and account has been put on hold until they receive further info from Newday.
27.3.2015 Letter received from Lowells enclosing reconstituted version of CCA, Niddy advised not ue
30.4.2015 Letter sent to Lowell offering F&F 10% of balance
5.5.2015 Letter from Lowell, said no to 10% but would accept 85%
16.6.2015Sent 'missing prescribed terms' letter
19.6.2015 Letter from Lowell's stating that Newday have supplied them with a true copy of the credit agreement and although the copy credit agreement supplied did not include my signature they feel it satisfies their obligation. Also says that Newday would not have allowed credit facility to be opened or utilised without a signed application so say it satisfies their obligations under the consumer credit cat 1974. Asks me to contact within 30 days with payment proposals.


Not sure where to go from here, have been wondering about writing in 30 days and saying we didn't take out a credit facility with Newday (as it was actually with GE Capital for Asda originally then sold a couple of times before I stopped paying).Any ideas?

[alland]

Re: Digby's ue Diary

If it was me, I would be inclined to wait to see what they come back with after 30 days, or if I wanted to keep the paper trail going I would send them a simple letter stating "Thank you for your letter (copy attached) and contents noted however I feel it does not satisfy their obligations. Therefore my position regarding the alleged debt remains unchanged at this tme" .

It should give them something to scratch their heads about for a while ....

[Deepie]

Re: Digby's ue Diary

Yeah either way sounds good