Start of my diary

[PlanB]

Update.

The letter did the trick, Resolvecall have returned to client.

Sorted!

Thanks for sharing your good news

The AAD template letter works!

Di

[Strepsi]

Hi,

I haven't sent letter as yet, letter will be sent to both parties tomorrow.

The debt is due to SB'd next year, I cca'd in 2016 had a signature as proof of delivery, as yet they still haven't acknowledged that request.

Update.

The letter did the trick, Resolvecall have returned to client.

[Strepsi]

All conversations with me tend to be lengthy

I expect my mobile provider regrets giving me unlimited inclusive calls.

It's important for members to feel they're being listened to (if they can get a word in!) not dictated to, since each and everyone has their own unique set of circumstances. What works for one may not work for another.

One more quick question before I suggest how you might wish to manage this situation - when did you last make a payment to anyone? I need to see where you stand with any Statute Barred potential. Looking back to the beginning of your thread this may have been in February 2016.

Di

Hi,

It was around about Feb 2016, this is when I discovered this forum.

I know that I didn't make any payment to anyone after this date, other than the IKEA one that we have spoken about.

[PlanB]

Fear went a long time ago, thanks to this forum and many lengthy conversations with Di.

All conversations with me tend to be lengthy

I expect my mobile provider regrets giving me unlimited inclusive calls.

It's important for members to feel they're being listened to (if they can get a word in!) not dictated to, since each and everyone has their own unique set of circumstances. What works for one may not work for another.

One more quick question before I suggest how you might wish to manage this situation - when did you last make a payment to anyone? I need to see where you stand with any Statute Barred potential. Looking back to the beginning of your thread this may have been in February 2016.

Di

[Strepsi]

I don’t know if this will calm your nerves, I have two accounts with Arrow and their beloved Drysden. Initially I heard nothing for quite a while, then Arrow informed me they’d passed it over to DF to manage. A few letters came asking for payment with threat of legal action. I then received a LBC letter which I then responded with a CCA request to Arrow copied to DF. DF then wrote to say account on hold. Few packages came with statements and account screenshots etc. Few days later DF were resuming legal action. So I wrote to DF informing them that their client had not fulfilled the CCA request but did not tell them which part. Again another raft of same paperwork. Replied to them thanking them for the paperwork but it does not fulfil the CCA request, they then completely disappeared off radar and haven’t heard from them in over a year now? That was for both accounts.
SB is nearing now so expecting a welcome letter from them anytime but am not worried, either way they loose.
What you do is your choice and maybe Di will have other wiser advice but whatever you choose to do, do not show fear as they prey on that.

Hi,

Fear went a long time ago, thanks to this forum and many lengthy conversations with Di.

I would need to double check some correspondance, as I sent CCA to Capquest. I don't think I sent one to Arrow, it is Arrow that own and Capquest are the chasers, would you think that COULD be correct. Sorry not asking for you to know that Arrow would be the owner of my debt, more that Capquest normally chase for Arrow? (Hope that make sense?)

[Timewilltell]

I don’t know if this will calm your nerves, I have two accounts with Arrow and their beloved Drysden. Initially I heard nothing for quite a while, then Arrow informed me they’d passed it over to DF to manage. A few letters came asking for payment with threat of legal action. I then received a LBC letter which I then responded with a CCA request to Arrow copied to DF. DF then wrote to say account on hold. Few packages came with statements and account screenshots etc. Few days later DF were resuming legal action. So I wrote to DF informing them that their client had not fulfilled the CCA request but did not tell them which part. Again another raft of same paperwork. Replied to them thanking them for the paperwork but it does not fulfil the CCA request, they then completely disappeared off radar and haven’t heard from them in over a year now? That was for both accounts.
SB is nearing now so expecting a welcome letter from them anytime but am not worried, either way they loose.
What you do is your choice and maybe Di will have other wiser advice but whatever you choose to do, do not show fear as they prey on that.

[Warwick65]

OK so I have read the above and it seems slightly unsure as to the status of your CCA request

Therefore -
I would send the reply as I listed above
I would send a CCA request to whomever owns the debt ( I am assuming it is Arrow with cap quest collecting)
Let DF know you have sent a CCA request to the owners (that might confuse them and they might think you are asking them for it so make sure your letter says something like 'FOR INFORMATION ONLY-REQUEST SENT TO ARROW GLOBAL'

I am thinking you are approaching SB with many of your debts- is that right? The last year does seem to be a time when they will try it on if they think they have a chance or if they hope they can trick you into making a payment or acknowledgment

[Strepsi]

No need to read all 52 pages, Appreciate there are a great deal of pages, but then had a lot of debts...

23 November 2018, 12:09 1st November 2018, 13:53
Originally posted by Strepsi View Post
19th April 2017, 22:48Re: Start of my diary

Hsbc
Flexi loan /05/2006
4800

This one has always perplexed me, I have CCA'd Moorcroft but they returned my postal order as they were no longer dealing with it.

15th June 2016
Wescot is a specialist debt collection agency and we have been instructed by our client HSBC to make contact with you to discuss the outstanding balance on this account and the repayment options available based on your personal circumstances...

25th June 2016
Our enquiries have confirmed that you are resident at the address above but we have not yet had contact from you...

5th July 4
0% Reduced Settlement Offer
We have written to you on several occasions asking you to contact us about this account however to date we have not received a response. In an attempt to close this matter our client has agreed we can offer you a 40% discount to settle your account...
8th October 2018, 15:32Originally posted by Strepsi View Post

I have never sent a CCA request for this as, I aren't entirely sure what it would be classed as. It was a loan for a certain amount say £5000, you had to make a minimum payment each month (which was £200), we paid it off a few times but the facility was always there, so when needed we would use again.

This morning received letter from Capquest advising that they will instruct 'resolvecall' to reconnect, if we don't reply by the 20th of this month.

Cheers
it is known as a "revolving credit account", so as long as your CCA request asks for the agreement under s77-79 it is covered under that,

quote
"I hereby formally request a copy of my Consumer Credit Agreement, pursuant to s.77-79 of the Consumer Credit Act 1974 (CCA1974)"

this is where Arrow make the mistake of thinking it is an overdraft so they don't send for the agreement, but try and get round it by telling you it is an overdraft so not covered by the CCA act,

Pop a request for one off to Capquest, with a short line at the bottom saying you do not give permission for anyone to call at your property , nothing of a personal matter will be discussed on your door step.
13th October
Received postal order from Arrow (Capquest), along with compliment slip advising that postal order's no longer required for CCA requests.
Letter received from Capquest today

thank you for your recent correspondence.

we write to confirm your request for your CCA has been forwarded and we await receipt of copy documentation from the originating creditor.

upon receipt of the relevant information, the same will be forwarded with immediate effect. We have returned your postal order under separate cover as there is no charge for your request.

your account will be on hold pending the documentation.
Capquest

Received a massive pack of statements and General Terms and Conditions (Current Account Terms and Saving Accounts).

Is there anything else that I should have received?

November 2018

Just received letter from Capquest

We're still dealing with your query

We're still looking into your query and waiting for HSBC for response. We're sorry for the delay and thank you for your patience.

We'll keep you updated and let you know when we've had a response.

Two things, I think I have received requested info and second I still have no idea what I need to be seeing or not seeing.

I have sent Niddy email a few weeks ago, not had a reply as yet. Appreciate he may get loads of email.

All assistance appreciated.
Last edited by Strepsi; 23 November 2018, 14:05.

[Warwick65]

Hi

I must be honest and say I haven't read all 52 pages but :


I would reply sooner rather than later- I say this because I have had letters take a long time to arrive, certainly not the two days you would expect (it was my B/day last month and once card took a week first class to arrive ).

I would also tick box D and ask them for the agreement, Default notice, termination notice, notice of assignment and deed of assignment.

I see you sent a CCA request to Arrow way back in 2018- did Niddy ever say if it was UE or not? Is it Arrow who still own the debt ?

If the cca request was enforceable or you don't know, I think I would send a new one to Arrow with a copy for information to Dryden Fairfax

In answer to your other question about more letters than normal - it used to happen to me , almost in cycles, a bunch of letters then nothing then a few months later more letters. We have just entered the new tax year so that might have something to do with it- try not to worry

I hope all the above makes sense

I think if you leave it they will issue a claim but if you reply as above, it might stop them.

[Strepsi]

I'm guessing that Capquest never sent you the "further information"? This may/may not mean that Arrow has not complied with your CCA Request.

The decision you need to make is whether you want to respond/reply to the Letter of Claim stating you dispute the debt (tick Box D etc) to stall things and/or 'throw a cat among the pigeons' so they back off, or whether you want to ignore and 'tough it out' through litigation if they subsequently issue legal proceedings.

You have enough time to consider your options and/or whether sending a new/another CCA Request to Drydens Solicitors will help your situation.

I'll take a look back through the history of this debt to help you decide what your next step should be.

Di

I think at the moment I am considering ticking box D.

I think with the date (2006) and the fact they haven't really produced any information, it may buy me sometime. However I could be completely wrong.

I certainly am going to leave as close to their deadline as I can.

But look forward to receiving your thoughts.

On a side note, I appear to be getting more letter than I have for a while. Could this be because they know the clock is ticking?

Cheers

[PlanB]

the information I received was just statements and generalised Terms.

I have just dug out my correspondence, I think one of the last things that I received from Capquest was, they would send further information when they had it.

I'm guessing that Capquest never sent you the "further information"? This may/may not mean that Arrow has not complied with your CCA Request.

The decision you need to make is whether you want to respond/reply to the Letter of Claim stating you dispute the debt (tick Box D etc) to stall things and/or 'throw a cat among the pigeons' so they back off, or whether you want to ignore and 'tough it out' through litigation if they subsequently issue legal proceedings.

You have enough time to consider your options and/or whether sending a new/another CCA Request to Drydens Solicitors will help your situation.

I'll take a look back through the history of this debt to help you decide what your next step should be.

Di

[Strepsi]

Did you re-send Niddy the documents you received in response to your CCA Request in 2018? At the time you posted that he hadn't replied to your email to him so perhaps he didn't receive it.

Your post suggests it was just a pile of statements and Ts & Cs for various accounts but not (necessarily) a compliant credit agreement for the HSBC Flexiloan from 2006.

From memory these were loans which had a cheque book so you could draw down 'as and when' or something like that.

Di

Hi,

I can't remember sending anything to Niddy.

Anyway, the information I received was just statements and generalised Terms. For example I received the exact same for my current account.

You are right they were loans of set up amount that you could or drawn on if you had availability, however I never had cheque book.

I have just dug out my correspondence, I think one of the last things that I received from Capquest was, they would send further information when they had it.

[PlanB]

Quick update:

Received Letter of claim received from Drydens Solicitors

Did you re-send Niddy the documents you received in response to your CCA Request in 2018? At the time you posted that he hadn't replied to your email to him so perhaps he didn't receive it.

Your post suggests it was just a pile of statements and Ts & Cs for various accounts but not (necessarily) a compliant credit agreement for the HSBC Flexiloan from 2006.

From memory these were loans which had a cheque book so you could draw down 'as and when' or something like that.

Di

[Strepsi]

1st November 2018, 13:53
Originally posted by Strepsi View Post

• 19th April 2017, 22:48Re: Start of my diary
  
  Hsbc
• Flexi loan /05/2006
• 4800
  
  This one has always perplexed me, I have CCA'd Moorcroft but they returned my postal order as they were no longer dealing with it.
  
  15th June 2016
  Wescot is a specialist debt collection agency and we have been instructed by our client HSBC to make contact with you to discuss the outstanding balance on this account and the repayment options available based on your personal circumstances...
  
  25th June 2016
  Our enquiries have confirmed that you are resident at the address above but we have not yet had contact from you...
  
  5th July 4
• 0% Reduced Settlement Offer
  We have written to you on several occasions asking you to contact us about this account however to date we have not received a response. In an attempt to close this matter our client has agreed we can offer you a 40% discount to settle your account...

• 8th October 2018, 15:32Originally posted by Strepsi View Post
  
  I have never sent a CCA request for this as, I aren't entirely sure what it would be classed as. It was a loan for a certain amount say £5000, you had to make a minimum payment each month (which was £200), we paid it off a few times but the facility was always there, so when needed we would use again.
  
  This morning received letter from Capquest advising that they will instruct 'resolvecall' to reconnect, if we don't reply by the 20th of this month.
  
  Cheers
  it is known as a "revolving credit account", so as long as your CCA request asks for the agreement under s77-79 it is covered under that,
  
  quote
  "I hereby formally request a copy of my Consumer Credit Agreement, pursuant to s.77-79 of the Consumer Credit Act 1974 (CCA1974)"
  
  this is where Arrow make the mistake of thinking it is an overdraft so they don't send for the agreement, but try and get round it by telling you it is an overdraft so not covered by the CCA act,
  
  Pop a request for one off to Capquest, with a short line at the bottom saying you do not give permission for anyone to call at your property , nothing of a personal matter will be discussed on your door step.

13th October

• Received postal order from Arrow (Capquest), along with compliment slip advising that postal order's no longer required for CCA requests.

Letter received from Capquest today

thank you for your recent correspondence.

we write to confirm your request for your CCA has been forwarded and we await receipt of copy documentation from the originating creditor.

upon receipt of the relevant information, the same will be forwarded with immediate effect. We have returned your postal order under separate cover as there is no charge for your request.

your account will be on hold pending the documentation.
Capquest

Received a massive pack of statements and General Terms and Conditions (Current Account Terms and Saving Accounts).

Is there anything else that I should have received?

November 2018

Just received letter from Capquest

We're still dealing with your query

We're still looking into your query and waiting for HSBC for response. We're sorry for the delay and thank you for your patience.

We'll keep you updated and let you know when we've had a response.

Two things, I think I have received requested info and second I still have no idea what I need to be seeing or not seeing.

I have sent Niddy email a few weeks ago, not had a reply as yet. Appreciate he may get loads of email.

All assistance appreciated.

Quick update:

Received Letter of claim received from Drydens Solicitors

[Warwick65]

Hi,

I haven't sent letter as yet, letter will be sent to both parties tomorrow.

The debt is due to SB'd next year, I cca'd in 2016 had a signature as proof of delivery, as yet they still haven't acknowledged that request.

That is great news - you are on that home straight so now is the time to keep your eye on the ball and use delaying tactics where possible (I am literally counting down the days on one that is probably SB but will definitely be in 3 weeks time- I must keep going home to check my post ).