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  • lookingforward's UE Diary

    OK here’s the lowdown on our situation.

    Don’t want to go into too much detail but basically our business failed and the debts started to mount, entered a DMP plan in 2006 which they estimated would be paid off in 2037 !!! Currently still have nigh on £82000.00 outstanding. Stopped paying them this April to undertake the UE route as all debts were prior to April 2007.


    Here’s the latest state of play:

    Barclaycard M/C
    24.5.10 CCA Request sent
    25.05.10 DELIVERED
    10.06.10 No Response. CCA Reminder Sent


    BOS c/c
    24.5.10 CCA Request sent
    26.5.10 Letter received stating they are awaiting documentation
    2.6.10 Copy of orig signed form plus reconstituted current terms & conditions
    3/06/10 Dispute section10 sent
    3.6.10 Letter received from DCA chasing payment of O/S installments
    15.6.10 Letter rec’d from DCA chasing payment arrears(no amount quoted)
    21.06.10 Refusal to accept unenforcability sent with copy of s10 to both BOS and DCA
    24.6.10 Letter rec’d stating unenforceable as they can’t find docs FINISHED AS PER NIDDY. :UE
    10.7.10 Rec’d letter basically the same as the one rec’d on 24.6.10 stating they can’t find the reconstituted version of the executed agreement so can’t send. They sent signed copy of application form and T&C’s. They will not seek to enforce as they can’t find, but they don’t agree it’s unenforceable. Need to send to Niddy to make sure nothing new in what they’ve sent.
    15.7.10 Payment chase up rec’d from DCA

    28.7.10 Emailed the 10.7.10 letter and explained the Blair letter to Niddy.

    13.8.10 Refusal by lender/dca to accept unenforceability letter sent to Blair

    14.8.10 Letter from Wescot rec’d demanding payment..wtg Niddy

    20.8.10 a/c sold while in dispute letter sent to Wescott along with a copy of letter sent to Blair on the 13.8.10

    27.8.10 Letter from BOS ack receipt of letter dated 13.8.10 (sent to Blair) saying they can’t trace the recon version of the executed agreement and therefore are not in a position to provide a copy at this time. However they did provide a copy of the signed app form and current t&c’s. They are satisfied that the t&c’s of the agreement were on the reverse of the app form therefore I had seen them. They will not seek to enorce the agreement though the courts but it is not void. This is their final response on the matter.



    Cap One c/c
    24.5.10 CCA Request sent
    3.6.10 Letter received stating looking into the situation, answer within 4 wks.
    15.7.10 Reconstituted copy of original agreement rec’d incl a scanned copy of the signed signature page. Need to send to Niddy.
    16.7.10 Payment chase up letter received threatening CCJ, Home visit etc.
    17.7.10 Letter with current T&C’s received. Need to send to Niddy.
    28.7.10 Emailed the 15th explained the contents of the 16th and emailed the 17th letters to Niddy. Unenforceable re Nids need to send CCA query letter.


    31.7.10 Capquest sent threat of doorstep collection, possible litigation etc, wtg Nids to see if I should send anything back.


    11.8.10 CCA query letter sent in response to Niddys response 28.7.10

    13.8.10 a/c sold in default letter to capquest (copy hl legal)

    13.8.10 threat o gram letter to hl legal (copy capquest)

    18.8.10 Letter from cap one stating looking into situation.

    19.8.10 Letter from Capquest rec’d – they have contacted their client and are awaiting a response.

    25.8.10 Letter from HL Legal rec’d they state they have limited instructions in the matter and they are not instructed to enter into correspondance. They can confirm however that they have passed a copy onto their client and anticipate that they will now contact me direct.


    27.8.10 Letter from Capquest enclosing letter from their client (Cap One dated 16.8.10). this states ref S.78 and that they are looking into my letter if it takes > 4 weeks they’ll contact to say why. Also copy of letter and info from 15.7.10

    27.8.10 Letter rec’d from Cap One saying they provided copy of current agreement on 15.7.10 and prior to that on the 8.7.10 a copy of original agreement. Also sent copy of scanned signature page of the original agreement signed by me and them. Prior to the signature I was provided with a full copy of t&c’s to keep and were sent a further copy of the original agreement with the 1st credit card. They have therefore complied with their obligation under s78 etc etc. Need to send to Niddy.



    ASDA c/c.
    24.5.10 CCA Request sent
    1.6.10 Normal statement received showing £1.00 cca payment taken off as a cash payment.
    3/06/10 CCA REMINDER SENT
    4.6.10 DCA sent letter as the creditor in the matter. They do not hold a copy so are in process of retrieving. Confirm no enforcement action while request is o/s.
    25.06.2010 Copy of original Application form rec’d. UNENFORCEABLE RE NIDDY :UE
    29.06.2010 S10 Cease and Desist posted
    6.7.10 Letter from DCA rec’d in response to chase up stating they have responded and enclosing copy of details we rec’d 25.6.10
    8.7.10 Normal statement received
    2.8.10 Normal statement rec’d plus a letter advising I’ve failed to make concessionary payment. If no payments agreement will be cancelled, default registered etc wtg Niddy to see if I ignore

    12.8.10 Default notice and default charges letters rec’d-no action req’d on these re niddy

    13.8.10 Debtors final response cca recd letter sent to cl finance

    25.8.10 Letter rec’d from CL stating they have fullfilled their obligations and sent a copy of the same info again.



    CITI c/c
    24.5.10 CCA Request sent
    27.5.10 Response received awaiting copy of original from CITI
    8.7.10 Response received stating they are still awaiting a copy of requested documents and will forward when this becomes available.
    29.7.10 Letter rec’d stating they are following up their request for the docs requested and will forward a copy when available.

    26.8.10 Letter rec’d they are still wtg orig docs from their client.



    MBNA loan
    24.5.10 CCA Request sent 25.05.2010 Delivered
    10.6.10 No response. CCA Reminder Sent
    25.6.10 Instalment default notice received stating full amount is now due and payable.- Ignored.



    Barclaycard VISA
    24.5.10 CCA Request sent
    4.6.10 DCA sent letter as the creditor in the matter. They do not hold a copy so are in process of retrieving. Confirm no enforcement action while request is o/s.


    Halifax c/c
    24.5.10 CCA Request sent
    3.6.10. DCA sent letter as the creditor in the matter. They do not hold a copy so are in process of retrieving. Confirm no enforcement action while request is o/s. 15.6.10 Halifax letter rec’d stating they will contact as soon as they can to discuss my concerns in this matter.
    10.7.10 Copy of agreement and a statement rec’d. Need to send to Niddy
    21.7.10 Chase up for payment letter rec’d.
    28.7.10 letter from 10.7.10 emailed to Niddy to check over

    9.8.10 Letter rec’d “notice of pending legal action” instructed to prepare court papers etc from HC & CO SOLICITORS – wtg Niddy response


    11.8.10 cca query letter sent to CL Finance as per niddy response to 28.7.10 letter.

    13.8.10 Threat O Gram letter sent to HC Solicitors

    19.8.10 Notice of default sums (£5.00) letter rec’d

    25.8.10 Letter rec’d from CL stating they have obliged under their obligations to send details etc. Appears to be new page with my signature too. Need to send to Niddy




    GE Money loan
    24.5.10 CCA Request sent
    5.6.10 Letter rec’d from DCA stating they own the debt but have requested info from GE Cap Woodchester. Up to 30 days to provide. 25.6.10 CCA received – Niddy says enforceable once T&C’s are sent
    2.07.10 CCA Query sent re Niddy’s advice
    4.8.10 Letter rec’d stating they have provided a copy of the agreement which complies with their obligation under the Cons credit act. Contact them to discuss the repayment to prevent further recovery action.


    4.8.10 I received a letter thanking me for my correspondance and saying for me to be aware that they have provided me with a copy of the agreement which complies with the Consumer credit act 1974 and they do not consider the a/c to be in dispute. Pls contact to avoid further recovery action.


    Wtg Niddys advice

    13.8.10 Debtors final response CCA Rec’d letter sent




    Cahoot c/c
    24.5.10 CCA Request sent
    2.6.10 Letter received stating they have requested the relevent documentation from their client and collection activity put on hold.
    22.7.10 Letter with agreement received, need to send to Niddy
    28.7.10 Email with 22.7.10 letter sent to Niddy.

    11.8.10 enforceable so trying to blag so sent CCA query letter

    20.8.10 Letter rec’d from Moorcroft due to impasse between us and their clients they are returning it to them and will cease any further activity with regard to it.




    Cahoot Loan
    24.5.10 CCA Request sent
    04.06.2010 Delivered
    10.06.2010 No response received. CCA Reminder sent
    10.06.2010 CCA Rec’d email’d to Niddy to check
    24.6.10 Letter rec’d saying looking into complaint
    25.6.10 Re emailed Niddy for clarification on CCA
    29.06.10 S10 Cease and Desist sent re Niddy
    17.7.10 Letter rec’d acknowledging complaint stating they will investigate, bal still o/s etc etc.
    28.7.10 transaction list for a/c received.

    2.8.10 Letter rec’d apologising for delay.

    2.8.10 Ltter rec’d refuting S.10 need to send to Niddy.

    13.8.10 Debtors final response CCA rec’d letter sent

    26.8.10 Letter rec’d saying I have defaulted on agreement to pay £18.78 per month. So now in arrears by £18.70. Their records show dealing through a 3rd party if no longer the case contact them directly. Inless payments are maintained there’s a possibility they may recommend to their clients to instruct solicitots for legal proceedings.




    Mint c/c
    24.5.10 CCA Request sent
    3.6.10 Normal statement received.
    10.06.10 CCA showing as still in Royal mails system!
    10.06.10 CCA Reminder Sent
    19.6.10 CCA Received –enforceable re Niddy but try to blag it.
    29.06.2010 S10 Cease & Desist sent re Niddy
    8.7.10 Normal statement received
    15.7.10 Final demand for payment letter received saying if payment is not received they will send to DCA. Need to ask Niddy’s advice.
    28.7.10 Letter received 15.7.10 explained in email to Niddy for response

    2.8.10 Normal Statement rec’d

    11.8.10 Sent debtors final response cca rec’d letter re Niddy

    21.8.10 Letter rec’d stating do not consider in dispute



    I need to update these as here were more developments within the thread on the old forum, plus some letters received whilst the new forums been getting up and running, but for now just wanted to copy over the original from the old forum to get started.

  • #2
    Re: fedupwiththeworry's UE Diary

    Having a bit of trouble editing the original post but have managed to add some additional detail where applicable.

    Will post new questions regarding newest letters received.

    Comment


    • #3
      Re: fedupwiththeworry's UE Diary

      Hi,

      Ok here are the latest letters received:

      Capital One

      HL legal solicitors 25/08/2010 state they have limited instructions in the matter and they are not instructed to enter into correspondance. They can confirm however that they have passed a copy onto their client and anticipate that they will now contact me direct

      Capquest after sending an income/exp form on the 28/08/2010 sent a further letter on 04/09/2010 saying that they were unaware there was a dispute on the a/c and are therefore closing the a/c on their system.

      Cap one themselves letter rec'd 27/08/2010 saying they provided copy of current agreement on 15.7.10 and prior to that on the 8.7.10 a copy of original agreement. Also sent copy of scanned signature page of the original agreement signed by me and them. Prior to the signature I was provided with a full copy of t&c’s to keep and were sent a further copy of the original agreement with the 1st credit card. They have therefore complied with their obligation under s78 etc etc. In Carey v HSBC providing a recon is compliant with s78, they quote some other cases then and I quote "it is clear from the above that there are no elements of your clients (clients ????) allegations that survive the decisions in McGuffick and Carey, therefore we invite your client to discontinue with any further action in respect of this matter to avoid both parties unnecessary costs. etc etc They will continue to pursue the o/s debt and defend any action etc.

      End with financial regulations require them to advise that this is there final response etc.

      Do you need to see the letter Niddy or do I just ignore them as its their final response ?

      Cahoot Loan:

      4.9.10 Letter rec’d Moorcroft saying despite letters I have defaulted , arrears now £37 odd. as a result of this a/c has been passed to home collections div for action. May involve home visit etc.


      ASDA C/C

      25.8.10 Letter rec’d from CL stating they have fullfilled their obligations and sent a copy of the same info again.

      4.9.10 Normal statement rec’d


      Mint c/c

      11.8.10 Sent debtors final response cca rec’d letter re Niddy

      21.8.10 Letter rec’d stating do not consider in dispute

      28.8.10 Letter rec’d from RMA (Risk Management Alternatives) states instructed by their client Mint to collect the full overdue balance, call ….. to make payment by credit/debit card or call ….. to discuss repayment proposals.


      BOS

      27.8.10 Letter rec'd stating they are unable to trace the recon version of the executed agreement, however did provide copy of signed application etc and basically go on to say that they won't seek to enforce the agreement through the courts but I still owe etc. Confirm it's there final response and will not enter into any further correspondance and I can now refer to the FOS.

      Assume I just ignore this ?

      Halifax

      Letter rec'd from CL Finance 25.8.10, with some new detail. I will email this please Niddy.

      Citi c/c

      4.9.10 Hillesden have sent letter stating that due to the age of the a/c the original executed agreement is no longer available, however the enclosed “True” copy is sufficient to satisfy the CCA 1974 regulations. Whilst we may not be able to enforce the agreement the monies remain o/s we are prevented from taking steps to enforce the credit agreement but the underlying obligation to pay remains in tact. They can report to credit ref agencies etc. They’ve also enclosed some copies of statements.

      Assume I ignore as they've admited they can't do anything but chase ?

      Thanks as always

      Comment


      • #4
        Re: fedupwiththeworry's UE Diary

        Originally posted by fedupwiththeworry
        Capital One

        HL legal solicitors 25/08/2010 state they have limited instructions in the matter and they are not instructed to enter into correspondance. They can confirm however that they have passed a copy onto their client and anticipate that they will now contact me direct

        Capquest after sending an income/exp form on the 28/08/2010 sent a further letter on 04/09/2010 saying that they were unaware there was a dispute on the a/c and are therefore closing the a/c on their system.

        Cap one themselves letter rec'd 27/08/2010 saying they provided copy of current agreement on 15.7.10 and prior to that on the 8.7.10 a copy of original agreement. Also sent copy of scanned signature page of the original agreement signed by me and them. Prior to the signature I was provided with a full copy of t&c’s to keep and were sent a further copy of the original agreement with the 1st credit card. They have therefore complied with their obligation under s78 etc etc. In Carey v HSBC providing a recon is compliant with s78, they quote some other cases then and I quote "it is clear from the above that there are no elements of your clients (clients ????) allegations that survive the decisions in McGuffick and Carey, therefore we invite your client to discontinue with any further action in respect of this matter to avoid both parties unnecessary costs. etc etc They will continue to pursue the o/s debt and defend any action etc. End with financial regulations require them to advise that this is there final response etc.

        Do you need to see the letter Niddy or do I just ignore them as its their final response ?
        You ignore this for the time being, all you were doing was fending off the threat of legal action from the others lol - that has now worked successfully.... well done.

        Originally posted by fedupwiththeworry
        Cahoot Loan:

        4.9.10 Letter rec’d Moorcroft saying despite letters I have defaulted , arrears now £37 odd. as a result of this a/c has been passed to home collections div for action. May involve home visit etc.
        Yea right!! That's what they think! Send this: ---> viewtopic.php?p=182#p182

        Originally posted by fedupwiththeworry
        ASDA C/C
        25.8.10 Letter rec’d from CL stating they have fullfilled their obligations and sent a copy of the same info again.

        4.9.10 Normal statement rec’d
        Send this to shut them up: ---> viewtopic.php?p=2309#p2309

        Originally posted by fedupwiththeworry
        Mint c/c

        11.8.10 Sent debtors final response cca rec’d letter re Niddy

        21.8.10 Letter rec’d stating do not consider in dispute

        28.8.10 Letter rec’d from RMA (Risk Management Alternatives) states instructed by their client Mint to collect the full overdue balance, call ….. to make payment by credit/debit card or call ….. to discuss repayment proposals.
        Respond with this: ---> viewtopic.php?p=2310#p2310

        Originally posted by fedupwiththeworry
        BOS

        27.8.10 Letter rec'd stating they are unable to trace the recon version of the executed agreement, however did provide copy of signed application etc and basically go on to say that they won't seek to enforce the agreement through the courts but I still owe etc. Confirm it's there final response and will not enter into any further correspondance and I can now refer to the FOS. Assume I just ignore this ?
        This is not confirmed as being UE - :UE

        Well done

        Originally posted by fedupwiththeworry
        Halifax

        Letter rec'd from CL Finance 25.8.10, with some new detail. I will email this please Niddy.
        What is it? Elaborate and tell me more - I only want to see things that affect UE - not general letters.... I'm not touching emails for the moment as waaaaay toooooo buuuuusy!

        Originally posted by fedupwiththeworry
        Citi c/c

        4.9.10 Hillesden have sent letter stating that due to the age of the a/c the original executed agreement is no longer available, however the enclosed “True” copy is sufficient to satisfy the CCA 1974 regulations. Whilst we may not be able to enforce the agreement the monies remain o/s we are prevented from taking steps to enforce the credit agreement but the underlying obligation to pay remains in tact. They can report to credit ref agencies etc. They’ve also enclosed some copies of statements. Assume I ignore as they've admited they can't do anything but chase ?
        Same as HBOS - confirmed UE - :UE

        Well done on that too.
        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


        • #5
          Re: fedupwiththeworry's UE Diary

          due to the amount of accounts here i'd be prone to have one post per account and update each post as and when you get developments.... I cannot work to this, its a jumbled mess (sorry) lol.... try & make it easier for me - please?? Or expect longer delays cos I look at the post then run a mile until I have like an hour to read, digest and absorb it all - an hour to me lately is hard to come by....

          The above is friendly advice if you want faster replies 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


          • #6
            Re: fedupwiththeworry's UE Diary

            Originally posted by never-in-doubt
            due to the amount of accounts here i'd be prone to have one post per account and update each post as and when you get developments.... I cannot work to this, its a jumbled mess (sorry) lol.... try & make it easier for me - please?? Or expect longer delays cos I look at the post then run a mile until I have like an hour to read, digest and absorb it all - an hour to me lately is hard to come by....

            The above is friendly advice if you want faster replies lol

            Hi Niddy,

            I was wondering exactly what the best way to do it would be. So you mean for example (if this was a post on it's own), I'd just have say

            Barclaycard M/C
            24.5.10 CCA Request sent
            25.05.10 DELIVERED
            10.06.10 No Response. CCA Reminder Sent

            Then another post with another company etc, and as and when something happens, I'd put about it just in that post ?

            Friendly advice taken on board

            Comment


            • #7
              Re: fedupwiththeworry's UE Diary

              Thanks for all the answers above, I'll get the letters out tomorrow.
              Regarding the Halifax
              What is it? Elaborate and tell me more - I only want to see things that affect UE - not general letters.... I'm not touching emails for the moment as waaaaay toooooo buuuuusy!
              Rec’d a letter from CL today 25.8.10. I was only going to send the actual letter plus 2 pages that they haven’t previously sent. The rest is the same as the info I received on the 10.7.10 which you said was not a CCA and got me to send the CCA query letter.

              With regards to what they’ve now sent , the letter states they’ve prev supplied a copy of my credit agreement in accordance with their obligations under the CCA 1974. Then there’s some techno babble about the correct interpretation as to “copy” requires ref to section 189 and 180 section 3 (1), section 3 (2) signature boxes need not be included in a true copy etc etc……phew. There’s also a copy of the “for your signature” page with my signature on it. This is what they sent out prior to the card.

              I didn’t do a copy of the “for your signature” page when I sent it back to them originally, but I’ve still got a copy of the T&C’s that were attached to it and whereas what they’ve just sent only goes down to 1.6 mine carries on though 13 and on the reverse of my original copy was info about you should read this carefully, your rights, loss or misuse of cards etc. you get the picture.

              Also I still have a copy of the letter sent when they sent the actual card which looks like the actual credit agreement because it shows the a/c No, credit limit, valid from and valid to dates at the top, then the important financial information 1 though to 13 etc.

              They’ve not sent that info as yet so hopefully they don’t have it.

              Thx Niddy

              Comment


              • #8
                Re: fedupwiththeworry's UE Diary

                Originally posted by fedupwiththeworry
                Hi Niddy,

                I was wondering exactly what the best way to do it would be. So you mean for example (if this was a post on it's own), I'd just have say

                Barclaycard M/C
                24.5.10 CCA Request sent
                25.05.10 DELIVERED
                10.06.10 No Response. CCA Reminder Sent

                Then another post with another company etc, and as and when something happens, I'd put about it just in that post ?

                Friendly advice taken on board
                Hiya

                spot on lol.... that makes it soooo much easier to get to grips with when you have loads of accounts
                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


                • #9
                  Re: fedupwiththeworry's UE Diary

                  Originally posted by fedupwiththeworry
                  Rec’d a letter from CL today 25.8.10. I was only going to send the actual letter plus 2 pages that they haven’t previously sent. The rest is the same as the info I received on the 10.7.10 which you said was not a CCA and got me to send the CCA query letter.
                  Just ignore them. No need to respond right 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


                  • #10
                    Re: fedupwiththeworry's UE Diary

                    Thought I'd pop in and say hello. It's gone very quiet at this end (touches wood) Only mail rec'd are 2 annual statements, 1 from CL Finance re Barclaycard Visa, and 1 from Link Financial re GE Loan.

                    Comment


                    • #11
                      Re: fedupwiththeworry's UE Diary

                      Originally posted by fedupwiththeworry
                      Thought I'd pop in and say hello. It's gone very quiet at this end (touches wood) Only mail rec'd are 2 annual statements, 1 from CL Finance re Barclaycard Visa, and 1 from Link Financial re GE Loan.

                      Excellent lets hope it stays that way yea? ;Sh ;Sh
                      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


                      • #12
                        Re: fedupwiththeworry's UE Diary

                        Originally posted by Never-In-Doubt
                        Originally posted by fedupwiththeworry
                        Thought I'd pop in and say hello. It's gone very quiet at this end (touches wood) Only mail rec'd are 2 annual statements, 1 from CL Finance re Barclaycard Visa, and 1 from Link Financial re GE Loan.

                        Excellent lets hope it stays that way yea? ;Sh ;Sh

                        Hope so tlook

                        This week just 2 more letters:

                        Cap One. You've advised what they have prev sent was :UE and to send the CCA query letter which I did in August. The last letter I rec'd from them was on 27.8.10 where they stated they had sent the right info and it was there final response.
                        Now they've sent a letter stating they are looking into my situation and they'll get back within 4 weeeks or let me know if it's going to take longer.


                        So ignoring them at the moment.


                        BOS whom you've also advised is :UE have sent a CC statement in bold writing saying if I do not make a payment they may take funds from another current or savings a/c that I hold with them even if it is a joint a/c


                        Don't have any a/c with them or Halifax so......... ig

                        Comment


                        • #13
                          Re: fedupwiththeworry's UE Diary

                          Regards to the above - lol, you do right - ignore both and see what develops. Keep us posted....
                          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: fedupwiththeworry's UE Diary

                            Cap One C/C
                            Last payment 27.04.10

                            24.5.10 CCA Request sent
                            3.6.10 Letter received stating looking into the situation, answer within 4 wks.




                            15.7.10 Reconstituted copy of original agreement rec’d incl a scanned copy of the signed signature page. Need to send to Niddy.


                            16.7.10 Payment chase up letter received threatening CCJ, Home visit etc.

                            17.7.10 Letter with current T&C’s received. Need to send to Niddy.


                            28.7.10 Emailed the 15th explained the contents of the 16th and emailed the 17th letters to Niddy. Unenforceable re Nids need to send CCA query letter.


                            31.7.10 Capquest sent threat of doorstep collection, possible litigation etc, wtg Nids to see if I should send anything back.


                            11.8.10 CCA query letter sent in response to Niddys response 28.7.10

                            13.8.10 a/c sold in default letter to capquest (copy hl legal)

                            13.8.10 threat o gram letter to hl legal (copy capquest)

                            18.8.10 Letter from cap one stating looking into situation.

                            19.8.10 Letter from Capquest rec’d – they have contacted their client and are awaiting a response.

                            25.8.10 Letter from HL Legal rec’d they state they have limited instructions in the matter and they are not instructed to enter into correspondance. They can confirm however that they have passed a copy onto their client and anticipate that they will now contact me direct.


                            27.8.10 Letter from Capquest enclosing letter from their client (Cap One dated 16.8.10). this states ref S.78 and that they are looking into my letter if it takes > 4 weeks they’ll contact to say why. Also copy of letter and info from 15.7.10

                            27.8.10 Letter rec’d from Cap One saying they provided copy of current agreement on 15.7.10 and prior to that on the 8.7.10 a copy of original agreement. Also sent copy of scanned signature page of the original agreement signed by me and them. Prior to the signature I was provided with a full copy of t&c’s to keep and were sent a further copy of the original agreement with the 1st credit card. They have therefore complied with their obligation under s78 etc etc. Need to send to Niddy maybe ? its their final response letter. Ignore as per Niddy.

                            28.8.10 Inc/exp form rec’d from Capquest-ignored

                            4.9.10 Capquest state they did not know it was in dispute so have closed the a/c on their system.

                            22.9.10 Cap one letter saying they are looking into my situation re S.78 letter (assume CCA query letter) and will reply within 4 weeks or will write again if it will be longer.

                            2.10.10 Letter from Cap One stating they have prev supplied copy of current t&c’s and a recon copy of orig agreement together with a scanned page of the signature page of my original agreement (as they said 27.8.10) refer me again to McGuffick and Carey cases , state that they can provide a recon copy as long as it is accurate and honest. A doc need not be a single piece of paper etc etc It was clearly established in McGuffick that the following do not amount to enforcement:
                            Reporting to credit ref agency, passing on or threatening to pass on personal data in respect of a credit agreement, demanding payment from a debtor, issuing a default notice, instructing a 3rd party to demand payment or otherwise seek to procure payment, threattening legal action, and bringing legal proceedings. As they have complied with S.78 they will not be entering into any further correspondance, the agreement is enforceable and they will continue to treat it as such.. More about McGuffick and Carey, so they invite me to discontinue with any further action in respect of this matter to avoid further costs/they reserve the right to bring this letter to the courts attention etc etc. The a/c status remains defaulted and overlimit current bal due is £2000.00 and they will continue to request payment. I can contact the FOS , any future corresponance from me will be acknowledged but they will not enter into further correspondance



                            Hi Niddy,

                            Assume I ignore this latest letter

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                            • #15
                              Re: fedupwiththeworry's UE Diary

                              I had pretty much the same letter from Cap One and am ignoring it. Lots of bluster, to which I say ... ig
                              Niddified and proud!

                              Fought and won the UE battle, thanks to Niddy and this forum...
                              SB since 2016. Now have my life back!

                              (I used to be MustGetStraight but I've lost a "t")

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