The Scarednshakins UE Diary

[scarednshakin]

Re: The Scarednshakins UE Diary

Cap One Credit Card £4,738.97 - defaulted. Got letter from them in June telling me they were in the process of reconstituting T&C's and will respond within 4 weeks - still waiting.

Well would ya believe it, thought they had forgotten about me. No contact since last June, letter in today, account has been sold to Wescot - yippee. Will send out Account Sold letter

Niddy hope you have a fantastic holiday, lots of sun, sea and stella. Relax and no checking the forum, ENJOY

[scarednshakin]

Re: The Scarednshakins UE Diary

Cheers Niddy , letter done and will be posted today. Like the name of the new template

[Never-In-Doubt]

Re: The Scarednshakins UE Diary

I've now added this (or a similar version) to the Niddy Special templates.... :niddy

Enough is Enough Template (when the DCA keeps threatening legal action but they've not complied with s.78)

[Never-In-Doubt]

Re: The Scarednshakins UE Diary

p.s. case law quoted above, is here: ---> K HARRISON v LINK FINANCIAL [2010]

[Never-In-Doubt]

Re: The Scarednshakins UE Diary

Response from Iqor, they thank me for my recent communication. They confirm that copy agreement (application form) was sent out to me and that I have to advise how I intend to progress on this matter. They have put the account on hold for 2 weeks.

Do you think that if I advised them to 'go an boil their heeds' they would pay any attention

Cheers Niddy

You simply respond quoting the law at them, as per this quick example (elaborate or send it as-is);

This account is in dispute as the application form does not contain all the prescribed terms in line with Sch6 CCA1974. This in turn means that under s127(3) of the same Act, a court may not make an enforcement order unless a document containing all the prescribed terms of the agreement was signed by the debtor. You already admit to this not being the case and I refer you to the recent case law involving K Harrison v Link Financial (30.09.2010); HH Judge Chambers confirmed in this judgment how important the Prescribed Terms were; which was the overall reason for the claimant winning - ie the fact MBNA never complied with their obligations to satisfy the customer with a copy of the correct terms & conditions containing the Prescribed Terms. I quote, from his judgment;

Irredeemable breaches under section 127(3)
Section 61(1) - Schedule 6 para 4 of the Consumer Credit (Agreements) Regulations 1983 (“the Regulations”)

Failure to set out a rate of interest applicable to credit card cheques and other non-card transactions and a rate for balance transfers. The case is based upon the assertion that the Claimant received the Application Form (TB1/128) on the reverse of which were provisions headed “FINANCIAL & RELATED CONDITIONS” (TB1/129) (“the FRC”) but that neither then nor when his card was sent did he receive anything akin to the document headed “TERMS & CONDITIONS” (“the terms & conditions”) referred to in the evidence indifferently as “C1” and “NW6” (TB4/1510) (“C1”).

Although the failures of themselves constituted redeemable breaches, the need to refer over to the terms & conditions, whether provided or not, in order to ascertain the relevant interest rates, put MBNA and thus the Defendant in irredeemable breach.

Therefore, as the above suggests, failure to comply with my lawful s.78 request means that you cannot enforce this account and I therefore suggest you return it to the original creditor to consider their position. In any case, any threat of legal action against me will be considered unlawful and vexatious with a counter-claim being submitted.

I suggest you take on board my comments, and return this account to the original creditor.

Yours faithfully,

[MrsD]

Re: The Scarednshakins UE Diary

what a great idea, I'll bring a great big pan!!!!

[scarednshakin]

Re: The Scarednshakins UE Diary

Hiya,

Ok, send this to iQor: ---> Threat-o-Gram - Letter before Action

Regards to GPB - I don't give a damn what they say - send a copy of the above to them as well, with a short cover letter warning them the account is in dispute and not to get involved. Then say "I know you said not to communicate directly, but as you communicated with me first, I want the court to know that I have warned you off dealing with this, so if in ten days time when things are the same, you then decide to take unlawful action, you'll soon see why I copied you in, because i'll bring a counter-claim against you as your claim would be effectively unlawful and vexatious".

Simples

Hi Niddy, been very quite, but gave me time to catch up on all the diaries. Computer now working properly

Anyway you will be on count down for your holiday, hope you all have a fab time.

Response from Iqor, they thank me for my recent communication. They confirm that copy agreement (application form) was sent out to me and that I have to advise how I intend to progress on this matter. They have put the account on hold for 2 weeks.

Do you think that if I advised them to 'go an boil their heeds' they would pay any attention

Cheers Niddy

[Never-In-Doubt]

Re: The Scarednshakins UE Diary

Cheers Niddy will get that posted out today

Ooops, as this is proving popular; ive created one now ---> Threat of Legal Action & Refusal of Doorstep Visit

[scarednshakin]

Re: The Scarednshakins UE Diary

Cheers Niddy will get that posted out today

[Never-In-Doubt]

Re: The Scarednshakins UE Diary

Hi Niddy, you said we would be coming back to this one and yep its back

Got 2 letters from Westcot today, one is a Final Notice in nice big red letters, have to take immeidate action to resolve this issue and have 10 days to pay up or legal action etc etc. Also threatening doorstep visit.

The other letter is also from Westcot it is headed Important Notice of Debt Collection and is just the usual letter telling us to pay.

Both letters were sent out on the same day muppets

Will I send out threat of legal action and add on the doorstep letter?

Thanks Niddy

Hiya, sorry for the delay - yes, merge these two to create one: ---> Threat-o-Gram - Letter before Action & Harassment & Threat of Doorstep-Visit Template

[scarednshakin]

Re: The Scarednshakins UE Diary

That was quick!! No worries, I will wait to hear from you

[Never-In-Doubt]

Re: The Scarednshakins UE Diary

Hold fire. Back tonight. I'll update then ok?

[scarednshakin]

Re: The Scarednshakins UE Diary

Only one letter sine we have been without computer. It was from Westcot about the BOS Preference Account. They have contacted their client and were advised that Final Response was sent out to us. They believe the dispute has been resolved and the full balance is now payable.

'If in the event you believe you still have a valid dispute, please contact us with the details within the next 14 days otherwise your account will be returned to our recovery team for collection'

Do I just ignore this one? Cheers Niddy and hope you are well and not working too hard, although looking at how much the site keeps growing I bet you are busier than ever, take care

Hi Niddy, you said we would be coming back to this one and yep its back

Got 2 letters from Westcot today, one is a Final Notice in nice big red letters, have to take immeidate action to resolve this issue and have 10 days to pay up or legal action etc etc. Also threatening doorstep visit.

The other letter is also from Westcot it is headed Important Notice of Debt Collection and is just the usual letter telling us to pay.

Both letters were sent out on the same day muppets

Will I send out threat of legal action and add on the doorstep letter?

Thanks Niddy

[scarednshakin]

Re: The Scarednshakins UE Diary

Cheers Niddy, away to print off letters now

[Never-In-Doubt]

Re: The Scarednshakins UE Diary

Morning Niddy, thanks for the reply

Em, guess who we got a letter from today?? GPB Solicitors who have been contacted by IQOR in relation to monies owed. 'If full payment, or proposals for payment are not received by IQOR within 10 days, it is likely that we will be instructed to commence legal proceedings etc etc'

It does say on the letter that GPB are not instructed to enter into correspondence with us but we have to contact IQOR dierctly.

Know you are really busy so will I just send out Threat of Legal Proceedings?

Cheers Niddy

Hiya,

Ok, send this to iQor: ---> Threat-o-Gram - Letter before Action

Regards to GPB - I don't give a damn what they say - send a copy of the above to them as well, with a short cover letter warning them the account is in dispute and not to get involved. Then say "I know you said not to communicate directly, but as you communicated with me first, I want the court to know that I have warned you off dealing with this, so if in ten days time when things are the same, you then decide to take unlawful action, you'll soon see why I copied you in, because i'll bring a counter-claim against you as your claim would be effectively unlawful and vexatious".

Simples