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  • Cardcutters UE Diary

    Hi ;Hi

    I have followed on from the previous forum where I had an ongoing diary of just a couple of posts and have now moved over to this new incarnation.

    Briefly from the diary I created there was the following:

    [size=5]A little while ago I had been in contact with you on MSE regarding a Crapital One card of which I sent to you the ‘credit agreement’ which you deemed unenforceable. I had attempted to negotiate a reduced payment to which they refused. Right I thought, this is fighting talk, so off went to Crapital One the ‘Debtors Final Response’ letter you so kindly posted on the other forum. The upshot of this is that they have passed on my ‘debt’ to a company called’ fps’. Obviously they got a bit niggly about my final response.


    I responded to fps’s initial letter with ‘account sold’ template letter. They have today responded to that saying that ‘they have failed to receive an adequate response’ adding that they want me to phone them urgently and without delay. Ha!!! Fat chance there…. (I did send my response by recorded post so I know they got it) With regard to phone calls I initially blocked them but now they are dialling me from a number which comes up as ‘unknown’. That’s a tricky one for me to block.

    Whilst writing, compliments are again due to you. I used one of your templates to another company asking them to remove my details from their system and in response I received a letter today saying that they had done just that. It does work…brill, many thanks.
    I think I will have to use it again with the latest callers. What really annoys me about these companies is that they think it is their god given right to use a device, in this case your phone, which you pay for into their own personal weapon against you. I’m off my soap box now….. Anyway back to the ‘problem’. Could you advise on the next course of action? Perhaps a CCA query or a ‘prove it’ letter?


    You advised to send off another 'Account sold - whilst in Default of CCA Request' which I fired off recorded.
    Just prior to the weekend I received yet another letter from the DCA which did not even mention or answer my second letter. The tone of this letter is similar to previous one's, pay up or else.

    What would be the next course of action?

    Once again thank you for your kind attention and time.


    ps...Just a thought, if an account has been sold on to another party does the original debt still exist and should it appear on your records as a default to the original creditor? ;LOL My strange way of thinking is that that particular debt has been discharged to the original lender. I bet there are rules and regs for that one please dont go to great lengths on explaining ;--G .

  • #2
    Re: Cardcutters diary

    Originally posted by cardcutter
    What would be the next course of action?

    Once again thank you for your kind attention and time.


    ps...Just a thought, if an account has been sold on to another party does the original debt still exist and should it appear on your records as a default to the original creditor? ;LOL My strange way of thinking is that that particular debt has been discharged to the original lender. I bet there are rules and regs for that one please dont go to great lengths on explaining ;--G .
    Hiya

    Regards to first problem, you ignore the DCA - you have proof of postage for the letter and they are in default of your s,78 request so await a reply - just sit tight on that one...

    Regards to second point, it all depends on assignment and whether they absolutely assigned the debt or just assigned it. Basicaly an absolute means the account was sold, as is - the bank walk away and the new owner is the DCA.

    In such a case the credit file entry would have two records, one from the original lender say ing settled and then a new one for the new owner saying the balance and status.

    If partially assigned (i.e. to collect only), then the original lenders details would show on the credit file record only...

    Make sense?
    I'm the forum administrator and I look after the theme & features, our volunteers & users and also look after any complaints or Data Protection queries that pass through the forum or main website. I am extremely busy so if you do contact me or need a reply to a forum post then use the email or PM features offered because I do miss things and get tied up for days at a time!

    If you spot any spammers, AE's, abusive or libellous posts or anything else that just doesn't feel right then please report them to me as soon as you spot them at: webmaster@all-about-debt.co.uk

    Comment


    • #3
      Re: Cardcutters diary

      Wow, was I impressed with that answer!!

      My question wasnt so daft as I thought. I assume that the only way that it is assigned/partially assigned is from your credit score?

      From a super impressed cardcutter ;LOL

      Comment


      • #4
        Re: Cardcutters diary

        oopps that should have read: I assume that the only way that I can find out whether its assigned/partially assigned is from your credit score?

        That should make sense... ;Red Apologies for missing words......

        Comment


        • #5
          Re: Cardcutters diary

          Hiya

          You'd have been served a notice of assignment if it had been assigned...? Basically a letter to you, saying we have sold the debt. You can find this from your credit file, but it does not matter anyway as you'd hide behind this:

          If it is your view that you are not the creditor, s.175 of the CCA1974 applies in the case of a simple assignment, and places a duty upon you to pass this request to the creditor. In the case of an absolute assignment, you are a creditor as defined by s.189. If you contend that you purchased the rights but not the duties of any agreement, you are reminded that s.189 of the Act is clear that an assignment is of both rights and duties. Your attention is drawn to ss.5(2), 3(b), 6 and 7 of the Consumer Protection from Unfair Trading Regulations 2008 (CPUTR).
          Make sense now? ;Hmm
          I'm the forum administrator and I look after the theme & features, our volunteers & users and also look after any complaints or Data Protection queries that pass through the forum or main website. I am extremely busy so if you do contact me or need a reply to a forum post then use the email or PM features offered because I do miss things and get tied up for days at a time!

          If you spot any spammers, AE's, abusive or libellous posts or anything else that just doesn't feel right then please report them to me as soon as you spot them at: webmaster@all-about-debt.co.uk

          Comment


          • #6
            Re: Cardcutters diary

            to keep you posted, I had a response from the dca to say:

            [size=5] ‘they have referred the matter to their client and awaiting receipt of instructions. In the meantime we have placed your account on hold’

            RESULT!!

            Many thanks, the letters work!!!!

            Comment


            • #7
              Re: Cardcutters diary

              Excellent - nice one.....
              I'm the forum administrator and I look after the theme & features, our volunteers & users and also look after any complaints or Data Protection queries that pass through the forum or main website. I am extremely busy so if you do contact me or need a reply to a forum post then use the email or PM features offered because I do miss things and get tied up for days at a time!

              If you spot any spammers, AE's, abusive or libellous posts or anything else that just doesn't feel right then please report them to me as soon as you spot them at: webmaster@all-about-debt.co.uk

              Comment


              • #8
                Re: Cardcutters diary

                Re phone call costs

                A word of warning. Don’t think that credit card companies are not making money out of you when you call them. We had cause to phone them on a 0844 4812812 number some time ago. That appeared on our bill as 10.06 minutes which cost £0.61 and shows as 'special service' on the bill. Ouch…..
                And that is even though are free calls package from BT.

                A stamp is much cheaper...

                ps. please don't dial it to fid out which cc it was.. ;LOL

                Comment


                • #9
                  Re: Cardcutters diary

                  All you do before ringing anyone with an 08 number, is check this first: http://www.saynoto0870.com/
                  I'm the forum administrator and I look after the theme & features, our volunteers & users and also look after any complaints or Data Protection queries that pass through the forum or main website. I am extremely busy so if you do contact me or need a reply to a forum post then use the email or PM features offered because I do miss things and get tied up for days at a time!

                  If you spot any spammers, AE's, abusive or libellous posts or anything else that just doesn't feel right then please report them to me as soon as you spot them at: webmaster@all-about-debt.co.uk

                  Comment


                  • #10
                    Re: Cardcutters diary

                    Hiya

                    I'm confused as to what that email was for - I thought you'd post the details in your PM on here lol...?

                    Please advise, cos all those letters are is a standard reply, to which you normally respond with this: ---> viewtopic.php?p=1503#p1503

                    So if that answers you no need to reply lol....
                    I'm the forum administrator and I look after the theme & features, our volunteers & users and also look after any complaints or Data Protection queries that pass through the forum or main website. I am extremely busy so if you do contact me or need a reply to a forum post then use the email or PM features offered because I do miss things and get tied up for days at a time!

                    If you spot any spammers, AE's, abusive or libellous posts or anything else that just doesn't feel right then please report them to me as soon as you spot them at: webmaster@all-about-debt.co.uk

                    Comment


                    • #11
                      Re: Cardcutters UE Diary

                      I, like others, have been plagued with calls to our telephones from the likes of dca’s and other non-desirables at any time of the day with brainwashing frequency. With the help of niddy I have successfully thwarted the attempts of most of these tormenting being with the use of the template letters which really do work. There are some that do slip through the net. Obviously the ‘Choose to Refuse Service’ which BT offer is another barrier which works.

                      The flies in the ointment are the calls to mobile phones. I, to my knowledge, have never given my mobile number to any lender. I was really surprised when one called me the other week. The only way I assume that they got my number was that they had a call id system on which they identified me when I called them to find out who had called me. Won’t make that mistake again!!!!!. Anyway that irked me somewhat because as far as I know O2 do not offer a discriminating income bar on mobiles. This most likely is true of other providers.

                      After some searching I found an ‘app’ on the OVI website at
                      http://store.ovi.com/content/32383?clickSource=search

                      For the ‘Call Blacklist’ which as the write up describes
                      ‘Block that Annoying Contact from calling you! Call Blacklist will Auto Reject his/her Calls. Add Callers you want to reject in Blacklist. Incoming Calls from them will be Auto Rejected. You can also Respond with Sms or Voice Messages. Practical Modes: Block Blacklist, Allow Whitelist, etc. Call Filtering or Call Anti Spam Application. Email: support@migital.com Check more Exciting Apps: http://store.ovi.com/publisher/MIGITAL click on Migital Link above..’

                      There are other apps of course. I have downloaded an app and it does appear to work. The particular one I have only intercepts the call before the phone rings and replies with an answer machine message. You can add as many numbers as you want. It doesn’t totally block the call but nevertheless does provide you the choice to answer later or manually delete the message later. I know what my choice would be. And for the sake of spending under a fiver does give you back some freedom and sanity.
                      BTW I am no techno wizard and inputted our own landline number to try it out and play with it. This app will only work on later models of phone. The OVI web site will let you choose.
                      Hope this helps………….

                      Comment


                      • #12
                        Re: Cardcutters UE Diary

                        If you have a phone that runs S60 then you might find the Advanced Call Manager useful. Allows you to send witheld, unknown or blacklisted numbers to a voice message, busy tone or sms.

                        http://store.ovi.com/search?q=advanced+call+manager

                        It came free with my Nokia E71 although you seems to be a commercial app on Ovi.

                        Comment


                        • #13
                          Re: Cardcutters UE Diary

                          Any developments over the last month or do we have a leaver?
                          I'm the forum administrator and I look after the theme & features, our volunteers & users and also look after any complaints or Data Protection queries that pass through the forum or main website. I am extremely busy so if you do contact me or need a reply to a forum post then use the email or PM features offered because I do miss things and get tied up for days at a time!

                          If you spot any spammers, AE's, abusive or libellous posts or anything else that just doesn't feel right then please report them to me as soon as you spot them at: webmaster@all-about-debt.co.uk

                          Comment


                          • #14
                            Re: Cardcutters UE Diary

                            Hi

                            That post unwittingly rattled a cage. You knew:}:}:}:}: ;LOL
                            A quick overview without trawling through the diary is as follows.
                            1) Crapital One agreement deemed unenforceable by nid
                            2) Stopped payments to Crapital One who then passed the account to a dca.
                            3) We sent this dca a the ‘account sold in dispute’ letter. DCa passed the account back to Crapital One.
                            4) Crapital One then had a rethink before passing the account to another dca, Frederickson’s.
                            5) Frederickson’s then contacted us with a pay up letter. Again we responded with the ‘account sold in dispute’ letter.
                            6) They wrote to us saying the action had been put on hold whist they contacted their client.
                            7) After two week and over the weekend we received a ‘pay up’ letter with no comment about our ‘account sold in dispute’ letter which we had sent them.
                            What would be the next plan of attack? Ignore or resend the ‘account sold in dispute’ letter?

                            Many regards

                            Comment


                            • #15
                              Re: Cardcutters UE Diary

                              Hiya

                              I'd just ignore this for the moment - nothing to worry about at all. y
                              I'm the forum administrator and I look after the theme & features, our volunteers & users and also look after any complaints or Data Protection queries that pass through the forum or main website. I am extremely busy so if you do contact me or need a reply to a forum post then use the email or PM features offered because I do miss things and get tied up for days at a time!

                              If you spot any spammers, AE's, abusive or libellous posts or anything else that just doesn't feel right then please report them to me as soon as you spot them at: webmaster@all-about-debt.co.uk

                              Comment

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