5corpio UE Diary

[Deepie]

Re: 5corpio UE Diary

Send Account sold in dispute
Sorry for the quick reply at work

[garlok]

Re: 5corpio UE Diary

I would question whether the account has actually been sold to Wescot. I was just noting they mention "their client" taking legal action etc etc. in the letter. Would it not be an idea to get them to "prove it"? Then hit 'em with the nasties.

regards
Garlok

[Deepie]

Re: 5corpio UE Diary

I would question whether the account has actually been sold to Wescot. I was just noting they mention "their client" taking legal action etc etc. in the letter. Would it not be an idea to get them to "prove it"? Then hit 'em with the nasties.

regards
Garlok

I like to start at the beginning when a new debt collector comes on board. Wescot will put the account on hold then you will not see them again

[5corpio]

Re: 5corpio UE Diary

I like to start at the beginning when a new debt collector comes on board. Wescot will put the account on hold then you will not see them again

Crop and Copy of the actual letter:




Is it this letter? LINKY
i DON'T understand the phrase 'but in all cases you need to amend the bold text to show only your account, so if you have a card delete references made to s.77 & 79' and 'if it happens to be the Original Creditor (OC) then amend the letter by removing the parts that mention returning the account to the OC'

* i DON'T have the card, as it was cut up in 2007
* I don't see anywhere in the letter that says returning to the OC

thanks for your quick reply guys

[Deepie]

Re: 5corpio UE Diary

Account Sold whilst in Dispute

Template updated 18.06.2011

The following letter would be sent when your account has been sold to another DCA/Agency/Solicitor when the original creditor/lender failed to acknowledge your CCA Request. This template should be sent to whoever is hassling you for the debt, if it happens to be the Original Creditor (OC) then amend the letter by removing the parts that mention returning the account to the OC; but in all cases you need to amend the bold text to show only your account, so if you have a card delete references made to s.77 & 79.

Dear Sirs,

Account No: 1234567
I write with reference to the above numbered account. I would like to point out that this account is formally in dispute with MBNA and has been since they failed to acknowledge my Consumer Credit Agreement (CCA) Request, in line with the Consumer Credit Act 1974 (CCA1974).

As you are no doubt aware, your continual harassment not only breaches the Consumer Credit Act (1974), but also the Data Protection Act (1998), the Consumer Protection From Unfair Trading Regulations (2008) and the Office Of Fair Trading's Debt Collection Guidelines. Being that the Original Creditor is now in default of my CCA Request and OFT Debt Collection Guidelines, I consider this account to be in serious dispute, especially due to the fact that whilst my CCA Request remains in default (outstanding), enforcement action is not permitted in line with s.127(3) of the CCA1974.

Similarly, in line with recent OFT Guidance surrounding Unenforceability, I presume you're aware that you, as a creditor / debt collection agency will be aware, the OFT has stipulated the following;

Sections 77-79 of the Consumer Credit Act 1974 outline the information creditors must provide to debtors under fixed-term, running account & Hire Agreements. Under these sections a debtor can pay £1 to get:

• a copy of their agreement
• copies of some of the other documents mentioned in their agreement
• a statement of account.

If this information is not provided within 12 working days the debt becomes unenforceable. This means a creditor cannot:

• make the debtor pay the debt before they're supposed to
• get a court judgment against the debtor

As this account is clearly unenforceable, I expect you to write back and confirm that no further action will be taken and that the account is now closed and no further correspondence will take place; irrespective, unless you do supply a lawful agreement I will not correspond with you again and any threats will be averred and unlawful and vexatious with a counter-claim forthcoming. In the meantime, I require that you clarify your position on this point as failure to do so, even by omission or lack of a response, will be regarded as an attempt to deliberately misrepresent or conceal the legal position regarding this matter to which an appropriate complaint will be made to the OFT.

Consequently, any legal action you pursue will not only be fully and vigorously defended, it will also be averred as both unlawful and vexatious. As such I respectfully suggest that this account is returned to the original creditor for immediate resolution prior to my seeking legal advice; due to the fact you cannot lawfully pursue any enforcement activities as the account was already in dispute at the time you became involved.

Yours faithfully

Have a look now

[5corpio]

Re: 5corpio UE Diary

Thanks matey
Speedy
You can go to the pub now on your way home from work..........

[Never-In-Doubt]

Re: 5corpio UE Diary

i DON'T understand the phrase 'but in all cases you need to amend the bold text to show only your account, so if you have a card delete references made to s.77 & 79' and 'if it happens to be the Original Creditor (OC) then amend the letter by removing the parts that mention returning the account to the OC'

* i DON'T have the card, as it was cut up in 2007
* I don't see anywhere in the letter that says returning to the OC

thanks for your quick reply guys

I do wish you would stop the fancy formatting - makes it impossible to follow things! But yea send the template above as I2D suggests......

[garlok]

Re: 5corpio UE Diary

I like to start at the beginning when a new debt collector comes on board. Wescot will put the account on hold then you will not see them again

Thanks I2D, I see where you are coming from and should have read the template better (hangs head in shame!)


regards
Garlok

[Never-In-Doubt]

Re: 5corpio UE Diary

Thanks I2D, I see where you are coming from and should have read the template better (hangs head in shame!)

Remember mate we try and kill conversation off quite fast using the templates so they are quite "to the point" - usually, as I2D says in previous posts, sending that will result in it being put on indefinite hold...... but no two cases are the same - that said, you can safely assume they'll crawl back under their rock and rot some more

[5corpio]

Re: 5corpio UE Diary

Hi All
Ref: Capital One

Recieved a yellow postcard inside a automated stamped envelope - Must admit to say that it looks shabby and poor on all counts ref: freddy flinstone (fredricksons)

Copy below:

i've deleted by the way - Name, Address, Barcode and account number that was on there

Previous process:
LETTERS SENT TO:
20/05/10 – Capquest (CCA Request sent)
19/07/10 – Capital One (Final CCA Response ‘received template sent’)
30/04/11 – Fredrickson Inter Ltd (Debtors Final Response sent)
06/05/11 – Fredrickson Inter Ltd (Debtors Final Response and Copy sent)
09/05/11 – Fredrickson Inter Ltd (Commence Litigation letter sent)
13/06/11 - Bryan Carter Solicitors (DCA Commence Litigtion letter sent)

LETTERS RECIEVED FROM:
01/06/10 – Capital One (needing 4 weeks to find)
17/01/10 – Capital One (Original and Current agreement received)
26/07/10 – Customer Care Department (Capquest) (Like to Help, as they been contacting)
08/09/10 – Capital One (Saying its ENFORCEABLE)
01/04/11 -Capital One (Account no longer being managed by debt collection who was working on behlaf for them. ALL Correspondance is to Capital One)
26/04/11 – Fredrickson Inter Ltd (Do not ignore – immediate payment required)
05/05/11 – Fredrickson Inter Ltd (Letter before Action)
23/05/11 – Fredrickson Inter Ltd (Account on hold, till they investigate with their client)
06/06/11 – Bryan Carter Solicitors (Fredrickson Inter Ltd) – Pay balance in Full within 14 days, or recommend court proceedings
08/06/11 – Capital One (Fulfilled their request –i am bound to their T&C and they Don’t keep copies of agreement only signature and has provided a Recon with copy of signature – on basis that there is no enforceable agreement between both, will strongly defend)
22/06/11 – Fredrickson Inter Ltd (If require Documentation for CCA Need to send £1.00 – in meantime call to make payment proposals)
18/07/11 - Fredrickson Inter Ltd (i have failed to discharge my debt with their client Cap One. We are prepared to offer an opportunity to pay before recommending to their client that they instruct solicitors to issue a claim at my address)

thanks in advance

[Deepie]

Re: 5corpio UE Diary

Hi All
Ref: Capital One



Recieved a yellow postcard inside a automated stamped envelope - Must admit to say that it looks shabby and poor on all counts ref: freddy flinstone (fredricksons)

Copy below:

[ATTACH]1982[/ATTACH]

i've deleted by the way - Name, Address, Barcode and account number that was on there

Previous process:
LETTERS SENT TO:
20/05/10 – Capquest (CCA Request sent)
19/07/10 – Capital One (Final CCA Response ‘received template sent’)
30/04/11 – Fredrickson Inter Ltd (Debtors Final Response sent)
06/05/11 – Fredrickson Inter Ltd (Debtors Final Response and Copy sent)
09/05/11 – Fredrickson Inter Ltd (Commence Litigation letter sent)
13/06/11 - Bryan Carter Solicitors (DCA Commence Litigtion letter sent)

LETTERS RECIEVED FROM:
01/06/10 – Capital One (needing 4 weeks to find)
17/01/10 – Capital One (Original and Current agreement received)
26/07/10 – Customer Care Department (Capquest) (Like to Help, as they been contacting)
08/09/10 – Capital One (Saying its ENFORCEABLE)
01/04/11 -Capital One (Account no longer being managed by debt collection who was working on behlaf for them. ALL Correspondance is to Capital One)
26/04/11 – Fredrickson Inter Ltd (Do not ignore – immediate payment required)
05/05/11 – Fredrickson Inter Ltd (Letter before Action)
23/05/11 – Fredrickson Inter Ltd (Account on hold, till they investigate with their client)
06/06/11 – Bryan Carter Solicitors (Fredrickson Inter Ltd) – Pay balance in Full within 14 days, or recommend court proceedings
08/06/11 – Capital One (Fulfilled their request –i am bound to their T&C and they Don’t keep copies of agreement only signature and has provided a Recon with copy of signature – on basis that there is no enforceable agreement between both, will strongly defend)
22/06/11 – Fredrickson Inter Ltd (If require Documentation for CCA Need to send £1.00 – in meantime call to make payment proposals)
18/07/11 - Fredrickson Inter Ltd (i have failed to discharge my debt with their client Cap One. We are prepared to offer an opportunity to pay before recommending to their client that they instruct solicitors to issue a claim at my address)

thanks in advance

.
Send this CCA Query - Creditor Refusal to Accept UE Status
Pixie received same letter from Cap one...... so we don't want to send them the same letter as Pixie is sending

[5corpio]

Re: 5corpio UE Diary

thank you kindly for a speedy reply I2D -

[5corpio]

Re: 5corpio UE Diary

letter from Capital One arrived today saying:

that it is still enforceable, but the court will not make it enforceable?

they go onto say with reference:

they supplied all information with my Signature on agreement with Capital One employee signature

as well as referring to case mr justice flaux in mcguffick v the royal bank of scotland 2009.

where i stand on this one? can send or put on here the 3 page letter from Capital One (it doesn't look template letter from them either)

[5corpio]

Re: 5corpio UE Diary

evening

letter from Capital One arrived today saying:

that it is still enforceable, but the court will not make it enforceable?

they go onto say with reference:

they supplied all information with my Signature on agreement with Capital One employee signature

as well as referring to case mr justice flaux in mcguffick v the royal bank of scotland 2009.

where i stand on this one? can send or put on here the 3 page letter from Capital One (it doesn't look template letter from them either)

thanks in advance for help

[Deepie]

Re: 5corpio UE Diary

evening

letter from Capital One arrived today saying:

that it is still enforceable, but the court will not make it enforceable?

they go onto say with reference:

they supplied all information with my Signature on agreement with Capital One employee signature

as well as referring to case mr justice flaux in mcguffick v the royal bank of scotland 2009.

where i stand on this one? can send or put on here the 3 page letter from Capital One (it doesn't look template letter from them either)

thanks in advance for help

Can you put it up for a look please.....