carol01 UE Diary

[Never-In-Doubt]

Re: carol01 UE Diary

No probs, don't stress just let me know if you get a reply.....

[carol01]

Re: carol01 UE Diary

hi n-i-d
i have recieved a formal demand for payment from calders financial ref my barclay card they want paying in full (account formally defaulted via mercers 3/10/10)
i only sent my letter to barclay card 2 days ago ref the account is unenforceable due to them only sending an application form so should i just wait and see what barclay come back with do you think? thanks n-i-d

[Never-In-Doubt]

Re: carol01 UE Diary

Hiya

Who did you send the latter to? Is Calders a new dca? If mercers defaulted you on 3rd October then why and who are Calders, in respect of this debt? Muppets.....

If as suspected you sent the last letter to Mercers, and you've had NO previous contact from Calders then send this (to Calders): ---> viewtopic.php?p=2310#p2310

[carol01]

Re: carol01 UE Diary

Hiya

Who did you send the latter to? Is Calders a new dca? If mercers defaulted you on 3rd October then why and who are Calders, in respect of this debt? Muppets.....

If as suspected you sent the last letter to Mercers, and you've had NO previous contact from Calders then send this (to Calders): ---> viewtopic.php?p=2310#p2310

hiya nid
i sent my letter to barclay card ;EEK
only because dated 16/09/10 telling me they had removed the telephone number from their data base and i needed to pay and this was their final response. the first i heard from mercers was a default notice. but they were acting as agents for barclay card no letter has been sent to say they have taken over the accout and that i am to deal with them.
my default notice was served by mercers and i had till the 3/10/10 to pay all the arrears
i have a letter recieved today from calders dated 01/10/10 telling me i have not complied with the recent default notice (although i would have had 2 days less then stated and i may have decied to pay ) a formal demand for payment letter for the full amout owed. this states i have till 08/10/10 to make an agreement with calders which has the same address as mercers but mercers are a debt collections limited and calders is a collections and legal debt recovery have i sent to the wrong place?
thanks n-i-d sorry for being a pain

[Never-In-Doubt]

Re: carol01 UE Diary

Don't worry they'll sort it out. Sit and wait u want a default!

[carol01]

Re: carol01 UE Diary

Don't worry they'll sort it out. Sit and wait u want a default!

when do i get that then? ;D as i didn't pay by the 3/10/10 so surely thats defaulted now, as calders have said i will no longer get statements but they will still charge interest on the account so is it not defaulted then?

[Never-In-Doubt]

Re: carol01 UE Diary

It'll be defaulted on the date they gave you. Don't worry, just sit tight yea?

[carol01]

Re: carol01 UE Diary

It'll be defaulted on the date they gave you. Don't worry, just sit tight yea?

ok will do ta! 2

[carol01]

Re: carol01 UE Diary

hiya n-i-d
i have recieved today a letter for my argos account
Quick recap
argos defaulted account in feb,
moorcroft sent letter telling me argos do not have my cca and also refunded my £1.00,
prelitigation threat from moorcroft account back to argos,
prelitigation letter from fredrickson international but they say i have ignored their request for payment i have proof of postage to say i have replied with a copy of the letter from moorcroft stating they have no cca,
i have a letter from bryan carter solicitors final notice (pre sue 10 day notice ) telling me to make a payment before 18/10/10 if i wish to avoid this matter going to court also so says this matter has reached critical stage and i may want to obtain legal advice thanks n-i-d

[Never-In-Doubt]

Re: carol01 UE Diary

Hiya

In your first post you said:

sent a cca to argos via moorcroft in march
they don't have my agreement and after 5 seperate threats to start litigation they have now passed the account back to argos .It was then sent to fredrickson international who again have sent a pre litigation letter.i have responded with a copy of the letter from moorcroft stating that argos have not got my cca as far as i am aware this is now forgot about with 5 years and 7 months to go

Can you confirm for me, did you get a letter confirming they do not have a CCA? If so, who sent it and what does it say?

Also, so I can compose a response for you (a Niddy special) can you give me a dateline of when you sent each letter and received each letter..... like this EXAMPLE:

01/03/2010 - CCA sent to Moorcroft
10/04/2010 - Letter from Moorcroft confirming no CCA
01/05/2010 - Letter from Fredrickson with legal thread
05/05/2010 - Replied to Fredrickson with Account sold template

etc etc etc - get the idea? Thanks....

[carol01]

Re: carol01 UE Diary

Hiya

In your first post you said:

sent a cca to argos via moorcroft in march
they don't have my agreement and after 5 seperate threats to start litigation they have now passed the account back to argos .It was then sent to fredrickson international who again have sent a pre litigation letter.i have responded with a copy of the letter from moorcroft stating that argos have not got my cca as far as i am aware this is now forgot about with 5 years and 7 months to go

Can you confirm for me, did you get a letter confirming they do not have a CCA? If so, who sent it and what does it say?

Also, so I can compose a response for you (a Niddy special) can you give me a dateline of when you sent each letter and received each letter..... like this EXAMPLE:

01/03/2010 - CCA sent to Moorcroft
10/04/2010 - Letter from Moorcroft confirming no CCA
01/05/2010 - Letter from Fredrickson with legal thread
05/05/2010 - Replied to Fredrickson with Account sold template

etc etc etc - get the idea? Thanks....

hiya
19/02/2010 - account defaulted by argos
02/03/2010 - letter from moorcroft to say they have taken over account
06/03/2010 - letter from moorcroft to confirm payment plan
25/03/2010 - cca request sent with £1.00 postal order
31/03/2010 - moorcroft letter stating they have requested the info from argos
10/04/2010 - moorcroft send letter quote" further to your request for your credit agreement, we regret that despite their best efforts our client is unable to produce a copy of your document and to this end we therefore return the £1.00 payment you submitted with your original request, if applicable.
12/04/2010 - letter from moorcroft notification of cancelled direct debit (cancelled by me )
15/05/2010 - letter from moorcroft account placed on hold while they request a payment propsal
25/05/2010 - letter from moorcroft notice of possible litigation
08/06/2010 - letter from moorcroft pre court division
10/06/2010 - letter to moorcroft (refusal to accept unenforceability)
18/06/2010 - letter from morcroft reference to recent letter and regret to advise that they are unable to comply with my request as they are no longer dealing with this account.
14/07/2010 - letter from fredrickson international asking for money
21/07/2010 - letter from fredrickson international letter before action
27/07/2010 - letter from me which starts i note with regret that you have chosen not to deal with this matter despite my previous communication also a copy of the moorcroft letter which states they do not have my cca
28/07/2010 - big yellow post card from fredrickson international confirmed resident
03/09/2010 - letter from fredrickson international you have failed to make an acceptable payment
10/09/2010 - letter from bryan carter solicitors payment to be made in full in the next 14 days
27/09/2010 - letter from fredrickson international despite a recent letter from bryan carter you have failed to dishcharge your debt with our client argos.
7/10/2010 - final notice pre sue 10 day notice we have been instucted to act in connection with this outstanding debt which is seriously overdue.
this matter will be refferred for court proceedings to be issued in 10 days if payment is not recieved at our office by that date.
court costs and interest will be added to your debt if it is necessary to go to court. payment can be accepted by debit cards and in some instances credit cards.
you must make payment before 18 0ctober 2010 if you wish to avoid the matter going to court.
if you fail to act and we obtain a judgement it may prevent you from gaining credit in the future and will remain on the register of judgement debts for a period of 6 years .
this matter is now reached a critical stage and you may wish to obtain independent legal advice
love
bryan carter xxx
and thats it every letter and every responce
thanks n-i-d

[Never-In-Doubt]

Re: carol01 UE Diary

Thanks I'll sort tmw morning for you. Nite.

[carol01]

Re: carol01 UE Diary

Thanks I'll sort tmw morning for you. Nite.

ok thanks n-i-d

[Never-In-Doubt]

Letter to send Bryan Carter

Hiya

Ok respond to Bryan Carter Solicitors with the following and a copy of the letter sent by Frederickson confirming they cannot locate an agreement. See what happens ;Hmm

• Dear Sirs,
  
  Account No: XXXXXXXX
  
  I write with reference to the above numbered account and note, with regret, that you have chosen not to deal with this matter despite my previous communication endeavouring to assist you in coming to a satisfactory arrangement to close this account; without the need for legal action. Do you need me to point out that this account is formally in dispute with Fredrickson International and has been since they, and Argos failed to acknowledge my Consumer Credit Agreement (CCA) Request, in line with s.78 of the Consumer Credit Act 1974 (CCA1974).
  
  Attached with this letter is confirmation from Fredrickson International confirming that they cannot locate an agreement, which troubles me somewhat being I feel I was charged incorrect interest on this account, and was not made aware of any of the terms or account facilities. As a result, coupled with the confirmation no agreement exists, I am confident that this account is hereby irredeemably unenforceable and I welcome any court action you decide to take, however you should pay attention to the fact that it will be me making the claim against you, for all costs borne as I am formally notifying you with this letter that you have no formal right to commence any proceedings against an unenforceable disputed account with clear proof that no agreement exists.
  
  As you're no doubt aware, your continual harassment and pursual of this unenforceable account 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.
  
  Need I remind you of the law? In particular the remit of s.127 and s.65 of the CCA1974. Section 127(1) of the Consumer Credit Act (CCA 1974) is subject to the restrictions imposed by sections 127(3) & (4). Those subsections set out the circumstances in which the court shall not make an enforcement order under section 65(1) of the Act. Put simply, a court cannot make a judgement on an unenforceable debt without the original agreement, or at least a genuine "true copy"; ergo we're back at square one - all I ask is for you to provide me a copy of the original agreement instead of fobbing me off with excuses all the time. You will soon find out that judges have to listen to my argument when I quote the relevant acts of the CCA to them, also pointing out the recent McGuffick and Carey cases which confirmed that a lender should submit upon request a valid true copy of the original CCA. Yes, you are allowed to report the account "conduct" to the Credit Reference Agencies, but you may not enforce this agreement until you fully comply with the provisions set out within the Act, taking into account the recent Judgments and the history and case notes within said judgments.
  
  Consequently, any legal action you pursue will not only be fully and vigorously defended, it will also be averred as both unlawful and vexatious and, as such, I respectfully suggest that this account is returned to the original creditor for immediate resolution prior to my seeking legal advice against you; due to the fact you cannot lawfully pursue any enforcement activities as the account was already in dispute at the time you became involved, plus you're now fully aware that no agreement is in existence.
  
  If you decide to ignore my dispute and attempt enforcement, I will initiate legal action and file reports with the appropriate authorities including, but not limited to, Trading Standards, Office of Fair Trading, Information Commissioners Office, Financial Ombudsman Service and possible court action. I hope that this will not be necessary and an acceptable solution can be accomplished. I would appreciate your due diligence in this matter and look forward to hearing from you in due course.
  
  Yours faithfully
  
  
  Sign digitally

[carol01]

Re: carol01 UE Diary

thanks n-i-d will send off this morning
you are a star !!!!!!