Locke's UE diary

[Never-In-Doubt]

Re: Locke's UE diary

Hiya

Yea, you got it - they are sending this letter a lot (i've seen it several times) - they are basically saying that if you claim s.127(3) in court that they will defend it based on the Carey judgment - however there has been other case law since then that kinda wipes a lot of Cary out.

Its complicated but put simply, we can now fight against unlawful DN's etc as a result of recent Harrison v Link case and the banks know this, so they are taking more of a submissive approach in some cases.

Just ignore, don't worry about this too much. If they sell it on, you respond with account sold template.

[Locke]

Re: Locke's UE diary

Hi NID, just a quick one before you start packing!

I received a reply from Capital One in regards to the 'sold whilst in dispute' letter I sent to Brian Carter solicitors which made them pass the account back.

Basically they say that they've satisfied S78 by sending a recon and the terms and conditions which makes it enforceable and they can pass it on to a DCA if they want, they then go on to say this...

"We will strongly defend any claim you bring in relation to your agreement.

As I mentioned in my previous letter, you now have the option of contacting the FO. Although we have provided you with their contact details, it is our understanding the FOS may choose to not consider your case as issues regarding the enforceability of a CCA would be better considered by a court. I must now inform you that any further contact we receive from you on this subject will be acknowledged but we will not enter into any further correspondence. "

I take it I just file this letter under ignore?

The reason I copied out the paragraph is because it looks to me like they want me to take them to court rather than them taking me, what do you think?

Btw have a great holiday mate.

[Never-In-Doubt]

Re: Locke's UE diary

Hiya

Yep - you're spot on with both templates......

Thanks - lets hope we don't bump into each other again, prior to departure, lol (kinda means no letters for you)

[Locke]

Re: Locke's UE diary

2 more letters received today, wow I'm popular!

The first is to say one of my Barclaycard accounts has to be passed on to Apex, so I presume a 'sold whilst in dispute' letter?

The second is to say my Halifax account has been passed on to Moorcroft who are threatening litigation, so that one should be the 'threat-o-gram letter before action' I think?

Is that correct, NID?

Have a good holiday if I don't speak to you before.

[Never-In-Doubt]

Re: Locke's UE diary

Ok mate, will do.

I've just spent a bit of time updating my opening posts to show where I am with each creditor and it's surprising how fast the time has gone by, it's a year this week that I finally got the courage to send out those first letters and it's made a huge difference to my life.

Thank you.

Time flies when you're having fun..... things "should" start to die down slightly now.....

[Locke]

Re: Locke's UE diary

Hiya,

All you do is photocopy the Barclays letter and highlight the relevant text that confirms they cannot find the original and send it with this: ---> CCA Query - Letter Previously Confirming No CCA

Ok mate, will do.

I've just spent a bit of time updating my opening posts to show where I am with each creditor and it's surprising how fast the time has gone by, it's a year this week that I finally got the courage to send out those first letters and it's made a huge difference to my life.

Thank you.

[Never-In-Doubt]

Re: Locke's UE diary

Hi NID.

I've received a letter from Robinson Way in connection with a Barclaycard account, the same account that Barclaycard have previously written to me about admitting that they didn't have a CCA.

Should I go forward as normal and send the 'sold in dispute' letter or is there a better way of handling this one?

Thanks as always.

Hiya,

All you do is photocopy the Barclays letter and highlight the relevant text that confirms they cannot find the original and send it with this: ---> CCA Query - Letter Previously Confirming No CCA

[Locke]

Re: Locke's UE diary

Hi NID.

I've received a letter from Robinson Way in connection with a Barclaycard account, the same account that Barclaycard have previously written to me about admitting that they didn't have a CCA.

Should I go forward as normal and send the 'sold in dispute' letter or is there a better way of handling this one?

Thanks as always.

[Never-In-Doubt]

Re: Locke's UE diary

Hi NID, both letters sent off as instructed and over the weekend had a reply from both.

Halifax - Basically they just sent a copy of what they sent originally, a reconstructed agreement with copies of the T&C's. I take it I should ignore Blair, Oliver and Scott from here?

Cap One - A letter telling me that the DCA had passed the debt back to them. Result!

Nice one

Just ignore them both for now, see what happens yea? :niddy

[Locke]

Re: Locke's UE diary

Hi NID, both letters sent off as instructed and over the weekend had a reply from both.

Halifax - Basically they just sent a copy of what they sent originally, a reconstructed agreement with copies of the T&C's. I take it I should ignore Blair, Oliver and Scott from here?

Cap One - A letter telling me that the DCA had passed the debt back to them. Result!

[Never-In-Doubt]

Re: Locke's UE diary

Hi NID, I received 2 letters over the weekend that I could do with your help with.

The first one is from Blair, Oliver and Scott and it says they have been instructed to take court action by their client if I don't pay within 7 days, now I've written to them previously with the "Sold whilst in default" letter and didn't hear back from them to acknowledge that they had received it, a quick look at the tracking code says it was delivered from our office but no signature has appeared.

Should I send the sold whilst in default letter again?

The second letter is from Bryan Carter over Crap 1, they say to pay within 14 days or they will recommend proceedings be issued, I haven't heard from this lot before so I take it I send the sold whilst in default letter.

Your help is always appreciated.

On both counts, i'd send this off: ---> Threat-o-Gram - Letter before Action

[MustGetStraigh]

Re: Locke's UE diary

Hi NID, I received 2 letters over the weekend that I could do with your help with.

The first one is from Blair, Oliver and Scott and it says they have been instructed to take court action by their client if I don't pay within 7 days, now I've written to them previously with the "Sold whilst in default" letter and didn't hear back from them to acknowledge that they had received it, a quick look at the tracking code says it was delivered from our office but no signature has appeared.

Should I send the sold whilst in default letter again?

The second letter is from Bryan Carter over Crap 1, they say to pay within 14 days or they will recommend proceedings be issued, I haven't heard from this lot before so I take it I send the sold whilst in default letter.

Your help is always appreciated.

I had the same with Crap One. I Bryan Carter and Fredrickson are extremely closely linked, he might even be in-house - but I think you send the Account Sold again. Someone more wise than me will advise...

[Locke]

Re: Locke's UE diary

Hi NID, I received 2 letters over the weekend that I could do with your help with.

The first one is from Blair, Oliver and Scott and it says they have been instructed to take court action by their client if I don't pay within 7 days, now I've written to them previously with the "Sold whilst in default" letter and didn't hear back from them to acknowledge that they had received it, a quick look at the tracking code says it was delivered from our office but no signature has appeared.

Should I send the sold whilst in default letter again?

The second letter is from Bryan Carter over Crap 1, they say to pay within 14 days or they will recommend proceedings be issued, I haven't heard from this lot before so I take it I send the sold whilst in default letter.

Your help is always appreciated.

[Never-In-Doubt]

Re: Locke's UE diary

Locke, please edit your signature or i'll have to wipe it totally....

Just ignore the muppets that write, lol. They'll never learn really will they?

Cheers

[Locke]

Re: Locke's UE diary

Hi NID.

Thought I would post since it's all swapped over!

I received another letter from Debt Managers yesterday about a Barclaycard account, basically they are saying they are going to continue to keep it on hold until Barclaycard tell them what to do next, they originally put it on hold at the beginning of December so I'm not sure if they even know what they are doing.

That's all really, after the fast paced first few months it's all dropping off, the phone calls have dropped off completely too.

Thanks for your help.

Locke.