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  • Originally posted by nightwatch View Post

    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,

    ( or tell them it has been a very naughty step and is not allowed visitors)
    NW
    Received postal order from Arrow (Capquest), along with compliment slip advising that postal order's no longer required for CCA requests.

    Comment


    • Originally posted by Strepsi View Post
      Type of Account: Barclaycard CC
      Date Commenced: 14/11/2013
      Approx Balance: £4990
      Date last paid: Approx beginning of 2016

      Are you on arrangement to pay or not paying: Not paying
      Status (Default/ in arrears/ up to date): Default
      Account Owner (DCA or Lender): Asset Link

      Currently being challenged in court!
      Had a phone call from Jo Connolly (apologies if spelt surname wrong). Letting me know we have got a result to say I am thrilled (if not relieved) is an understatement.

      Thanks very much Di for the initial conversation/advice and obviously Jo and rest of her team. Of course thanks to this forum. Still along road that needs to be travelled...



      Received Statement of Account from Link.

      They are asking for us to contact. (Obviously we won't be doing so).

      How long will I keep receiving these for..., should they have not just written it off!!!

      Comment


      • Brilliant news on court, always a great feeling of relief! Once again congratulations to Jo and her team they are all a fantastic bonus for the forum.
        They can keep on sending statements of account for as long as they want. They tick just a legal box, which can be worthless if everything else hasn’t been complied with.
        I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

        If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

        Comment


        • Originally posted by Strepsi View Post
          [B]Originally posted by Strepsi View Post
          Type of Account: Barclaycard CC
          Date Commenced: 14/11/2013
          Approx Balance: £4990
          Date last paid: Approx beginning of 2016

          Are you on arrangement to pay or not paying: Not paying
          Status (Default/ in arrears/ up to date): Default
          Account Owner (DCA or Lender): Asset Link

          Had a phone call from Jo Connolly (apologies if spelt surname wrong). Letting me know we have got a result to say I am thrilled (if not relieved) is an understatement.

          Thanks very much Di for the initial conversation/advice and obviously Jo and rest of her team.

          We're pleased you're happy with the outcome.

          I'll also point out that this account was opened in 2013 not pre-2007.

          And yes you did spell Joanna Connolly's name correctly

          Di

          Comment


            • 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.

            Last edited by Strepsi; 17 October 2018, 10:20.

            Comment


              • 19th April 2017, 23:00Re: Start of my diary

                Hsbc 1998
              • Amount 1831
              • Overdraft Current Account

                10th June 2016 HSBC
                Please be advised that your account is today being referred to Wescot Credit Services Ltd who will be contacting you within the next 14 days...

                15th June 2016 Wescot
                Wescot is a specialist debt collection agency...

                25th June 2016
                Our enquiries have confirmed you are resident...

                5th July 2016 40% Reduced Settlement Offer
                We have written to you on several occasions asking you to contact us...

                Date updated 5th May 2017
                Really don't want to be vague, but received exactly same letters, same fornats and wording other than amount and account details.

                From same entities HSBC, Arrow Global and Capquest.
              Letter received from Capquest today

              thank you for your recent correspondence.

              we write to confirm your request 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.

              your account will be on hold pending the documentation.



              *no postal order returned on this request....

              Comment


              • Originally posted by Strepsi View Post
                Type of Account: Sainsbury CC
                Date Commenced: 2013
                Approx Balance: £2500
                Date last paid: Approx beginning of 2016
                Are you on arrangement to pay or not paying: Not paying
                Status (Default/ in arrears/ up to date): Default
                Account Owner (DCA or Lender): Moorcroft then Wescot (I think), now with Cabot Financial


                4th October
                Letter received from Sainsbury's

                "we are writing to notify you that Sainsburys bank has assigned all of it rights respective right title etc... to the Cabot Credit Management Group effective from the 31st August..."

                4th October
                Letter received from Cabot confirming above.

                20th October
                We really want to help...

                22nd November
                We have previously explained that there are several options available and we want to help you find the most suitable solution...

                27 December (Second letter)

                Your outstanding balance - potential legal action

                "Following our previous letter, we want to talk to you about your account but haven't heard from you...

                What legal action could mean
                "Our typical action would be to instruct a solicitor to issue amount due..."



                This debt started life with Moorcroft (which I cca'd), they returned postal order saying that they are no longer dealing with it. I can't remember if I then CCA'd Wescott, it has now been sold to Cabot, as mentioned.


                What would be the best course of action, it appears that they are quite keen. Should I send a CCA request or a SWID to Cabot. I am certain that this will be enforceable, mainly because of the date.

                Cheers


                I HAVE BEEN INFORMED FROM NIDDY THAT THIS IS UE

                Received a letter this morning from Cabot Financial UK Ltd

                At the moment we don't have any repayments being received on your account or a commitment to a repayment plan...

                As a reasonable next action to recover the outstanding balance your account has been reviewed for legal action...you need to contact us within 28 days so that we can prevent this from happening.


                I requested SAR in July from Sainsbury's still not received information.

                Comment


                • You say Niddy said it was UE, did you receive a reply to a CCA request if so when and what was received, sorry but today I don't have time to go through all your diary to find the info,
                  if you have not received your SAR I would write back to sainsburys asking why, make sure to enclose a copy of the original request
                  I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

                  If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

                  Comment


                  • Hi,

                    I received in May of this year, I followed the correct protocol when making the request.

                    Comment


                    • Originally posted by nightwatch View Post
                      You say Niddy said it was UE, did you receive a reply to a CCA request if so when and what was received, sorry but today I don't have time to go through all your diary to find the info,
                      if you have not received your SAR I would write back to sainsburys asking why, make sure to enclose a copy of the original request
                      Sorry missed...what was received!?

                      Three lots of information, - credit card statements, personal details sheet and two copies of "credit agreement regulated by the consumer credit act 1974".

                      Comment


                        • 22nd June 2018, 11:25
                        • Originally posted by Strepsi View Post
                          Type of Account: Sainsbury CC
                          Date Commenced: 2013
                          Approx Balance: £2500
                          Date last paid: Approx beginning of 2016
                          Are you on arrangement to pay or not paying: Not paying
                          Status (Default/ in arrears/ up to date): Default
                          Account Owner (DCA or Lender): Moorcroft then Wescot (I think), now with Cabot Financial


                          4th October 2017
                          Letter received from Sainsbury's

                          "we are writing to notify you that Sainsburys bank has assigned all of it rights respective right title etc... to the Cabot Credit Management Group effective from the 31st August..."

                          4th October 2017
                          Letter received from Cabot confirming above.

                          20th October 2017
                          We really want to help...

                          22nd November 2017
                          We have previously explained that there are several options available and we want to help you find the most suitable solution...

                          27 December (Second letter) 2017

                          Your outstanding balance - potential legal action

                          "Following our previous letter, we want to talk to you about your account but haven't heard from you...

                          What legal action could mean
                          "Our typical action would be to instruct a solicitor to issue amount due..."



                          This debt started life with Moorcroft (which I cca'd), they returned postal order saying that they are no longer dealing with it. I can't remember if I then CCA'd Wescott, it has now been sold to Cabot, as mentioned.


                          What would be the best course of action, it appears that they are quite keen. Should I send a CCA request or a SWID to Cabot. I am certain that this will be enforceable, mainly because of the date.

                          Cheers


                          I have sent info across to Niddy to take a look at, I have a feeling that this will be enforceable.
                        • 23rd June 2018, 09:59Originally posted by Strepsi View Post

                          I have sent info across to Niddy to take a look at, I have a feeling that this will be enforceable.
                          I have just been advised that this is unenforceable, gobsmacked to be honest!!!
                        • 26th June 2018, 13:20Originally posted by Strepsi View Post

                          I have just been advised that this is unenforceable, gobsmacked to be honest!!!

                          Which just shows that accounts opened after 2007 (your Sainsburys credit card was from 2013) can still be unenforceable in some instances

                          Di
                        18th October 2018
                        • Received a letter this morning from Cabot Financial UK Ltd

                          At the moment we don't have any repayments being received on your account or a commitment to a repayment plan...

                          As a reasonable next action to recover the outstanding balance your account has been reviewed for legal action...you need to contact us within 28 days so that we can prevent this from happening.


                          I requested SAR in July from Sainsbury's still not received information.
                        • 18th October 2018, 11:56
                        • You say Niddy said it was UE, did you receive a reply to a CCA request if so when and what was received, sorry but today I don't have time to go through all your diary to find the info,
                          if you have not received your SAR I would write back to sainsburys asking why, make sure to enclose a copy of the original request
                        • 18th October 2018, 12:07
                        • Hi,

                          I received in May of this year, I followed the correct protocol when making the request.
                        • 18th October 2018
                        • Sorry missed...what was received!?

                          Three lots of information, - credit card statements, personal details sheet and two copies of "credit agreement regulated by the consumer credit act 1974".

                        Comment


                        • Originally posted by Strepsi View Post
                          • 22nd June 2018, 11:25
                          • Originally posted by Strepsi View Post
                            Type of Account: Sainsbury CC
                            Date Commenced: 2013
                            Approx Balance: £2500
                            Date last paid: Approx beginning of 2016
                            Are you on arrangement to pay or not paying: Not paying
                            Status (Default/ in arrears/ up to date): Default
                            Account Owner (DCA or Lender): Moorcroft then Wescot (I think), now with Cabot Financial


                            4th October 2017
                            Letter received from Sainsbury's

                            "we are writing to notify you that Sainsburys bank has assigned all of it rights respective right title etc... to the Cabot Credit Management Group effective from the 31st August..."

                            4th October 2017
                            Letter received from Cabot confirming above.

                            20th October 2017
                            We really want to help...

                            22nd November 2017
                            We have previously explained that there are several options available and we want to help you find the most suitable solution...

                            27 December (Second letter) 2017

                            Your outstanding balance - potential legal action

                            "Following our previous letter, we want to talk to you about your account but haven't heard from you...

                            What legal action could mean
                            "Our typical action would be to instruct a solicitor to issue amount due..."



                            This debt started life with Moorcroft (which I cca'd), they returned postal order saying that they are no longer dealing with it. I can't remember if I then CCA'd Wescott, it has now been sold to Cabot, as mentioned.


                            What would be the best course of action, it appears that they are quite keen. Should I send a CCA request or a SWID to Cabot. I am certain that this will be enforceable, mainly because of the date.

                            Cheers


                            I have sent info across to Niddy to take a look at, I have a feeling that this will be enforceable.
                          • 23rd June 2018, 09:59Originally posted by Strepsi View Post

                            I have sent info across to Niddy to take a look at, I have a feeling that this will be enforceable.
                            I have just been advised that this is unenforceable, gobsmacked to be honest!!!
                          • 26th June 2018, 13:20Originally posted by Strepsi View Post

                            I have just been advised that this is unenforceable, gobsmacked to be honest!!!

                            Which just shows that accounts opened after 2007 (your Sainsburys credit card was from 2013) can still be unenforceable in some instances

                            Di

                          18th October 2018
                          • Received a letter this morning from Cabot Financial UK Ltd

                            At the moment we don't have any repayments being received on your account or a commitment to a repayment plan...

                            As a reasonable next action to recover the outstanding balance your account has been reviewed for legal action...you need to contact us within 28 days so that we can prevent this from happening.


                            I requested SAR in July from Sainsbury's still not received information.
                          • 18th October 2018, 11:56
                          • You say Niddy said it was UE, did you receive a reply to a CCA request if so when and what was received, sorry but today I don't have time to go through all your diary to find the info,
                            if you have not received your SAR I would write back to sainsburys asking why, make sure to enclose a copy of the original request
                          • 18th October 2018, 12:07
                          • Hi,

                            I received in May of this year, I followed the correct protocol when making the request.
                          • 18th October 2018
                          • Sorry missed...what was received!?

                            Three lots of information, - credit card statements, personal details sheet and two copies of "credit agreement regulated by the consumer credit act 1974".
                          ok you can wait and see what Cabot do next, if they do decide to threaten legal action you should receive a letter following new protocol which gives you 30 days to reply, it will have tick boxes for replys, DO NOT PANIC if you get one just post up on here straight away
                          NW x
                          I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

                          If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

                          Comment


                          • Originally posted by Strepsi View Post
                            • 19th April 2017, 23:00Re: Start of my diary

                              Hsbc 1998
                            • Amount 1831
                            • Overdraft Current Account

                              10th June 2016 HSBC
                              Please be advised that your account is today being referred to Wescot Credit Services Ltd who will be contacting you within the next 14 days...

                              15th June 2016 Wescot
                              Wescot is a specialist debt collection agency...

                              25th June 2016
                              Our enquiries have confirmed you are resident...

                              5th July 2016 40% Reduced Settlement Offer
                              We have written to you on several occasions asking you to contact us...

                              Date updated 5th May 2017
                              Really don't want to be vague, but received exactly same letters, same fornats and wording other than amount and account details.

                              From same entities HSBC, Arrow Global and Capquest.


                            Letter received from Capquest today

                            thank you for your recent correspondence.

                            we write to confirm your request 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.

                            your account will be on hold pending the documentation.



                            *no postal order returned on this request....
                            Two letters received with the same date from Capquest

                            Letter one
                            We are dealing with your query

                            You've recently raised a query on your account. We've placed on your account on hold for 28 days and contacted HSBC for further information.

                            We'll let you know when we've response from HSBC. If we haven't had a response by !Nov 2018, we'll write to you and provide an update.


                            Letter two
                            Instruction to visit your property

                            We have written to you asking you to contact us to discuss your account, but we do not appear to have receive a response.

                            We will shortly be instructing Resolvecall Ltd to visit your property.

                            If we do not hear from you by the !Oct we will instruct Resolvecall to visit your property without further notice.



                            Advice please, I get that these letters may have crossed in the post. But I got correspondence before these letters advising account on hold.

                            Comment


                            • I know it isn't part of the diary. But my wife maybe getting another job, where she will need a car.

                              Other than the obvious difficulty of gaining finance, which we would be able to afford. Would their credit checks flag up with dca's?

                              Comment


                              • Originally posted by Strepsi View Post
                                I know it isn't part of the diary. But my wife maybe getting another job, where she will need a car.

                                Other than the obvious difficulty of gaining finance, which we would be able to afford. Would their credit checks flag up with dca's?
                                They may well do so, depends how hard they are looking,

                                There are some companys that deal with bad credit finance for car buying, it will just be a matter of checking out the best one for you.

                                I wish your wife the best of luck for her new job xx
                                I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

                                If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

                                Comment

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