spankd1's Unenforceability Diary

[spankd1]

Hi again,

Just to summarise, my partner and I have several credit accounts which were running fine until early this year when I was on unpaid maternity leave (a financial plan for that period failed due to unforeseen circumstances shall we say!). My Shop Direct Additions account was transferred to Very in January - I logged into my Additions account every month and was redirected to Very and, believing both accounts had been merged, paid the due payment. It wasn't until around May (after numerous letters and phone calls) that I was told I hadn't made any payments to the Very account for months. Offered payments which were declined by Shop Direct as they said they had passed the account on and advised to wait to hear from them but didn't hear from them until October!! Anyway, other debts became a struggle but we managed to negotiate reduced payments with most - but Amex passed the account to AIC who were unhelpful to say the least, and J D Williams passed that account to Reliable who wanted payment in full or to go through a DMP via a company they recommended .......... and who charged megabucks and no doubt made them some commission. These are the companies I sent CCA requests to and the details are as follows:

[spankd1]

Re: spankd1's Unenforceability Diary

Creditor: Very
Type of account: Catalogue
Commenced: Sept 2008 (according to their info - need to check that out)
Apprx Bal: £1400
Last paid: Jan 2011
Payment status: Not paying
Status: Default (I think, again need to dig this out as I don't recall receiving it)
Account owner: Assigned to Capquest


Correspondence:

October 2011: Notice of assignment from Shop direct
October : Capquest notice of debt purchase
November : CCA request sent
November : Confirm receipt of correspondence
November : Recon copy of agreement received (sending to Niddy)

[spankd1]

Re: spankd1's Unenforceability Diary

Creditor: American Express
Type of account: Credit card
Commenced: March 2009 (apprx)
Apprx Bal: £1400
Last paid: August 2011
Payment status: Not paying
Status: Default notice
Account owner: Newmans acting for Amex


Correspondence:

July 2011: Default notice served
Sept : Arrears notice served
Sept : Letter from AIC saying account referred to them
Sept : Letter from AIC Demanding payment or may advise client to issue court proceedings
Oct: Sent CCA request
Oct: Received copy of application form from AIC (will send to Niddy)
Oct : Letter from Mcclure Naismith solcrs to pay in full or may commence legal proceedings
Nov : Rung Mcclure Naismith saying I requested CCA from AIC and was only sent a copy of application form. He said he would arrange for Amex to send copy of CCA.
Nov : Letter from Newmans instucted to collect the full balance etc, etc
Nov : Same letter as above sent to old address
Nov : Notice of legal action
Nov : Same letter as above sent to old address
Nov : Rang Newmans to say had not yet had a CCA from Amex. They said will send me a copy with a letter from Amex stating they are now assigned to the account.

[Never-In-Doubt]

Re: spankd1's Unenforceability Diary

Creditor: Very
Type of account: Catalogue
Commenced: Sept 2008 (according to their info - need to check that out)
Apprx Bal: £1400
Last paid: Jan 2011
Payment status: Not paying
Status: Default (I think, again need to dig this out as I don't recall receiving it)
Account owner: Assigned to Capquest


Correspondence:

October 28, 2011: Notice of assignment from Shop direct
October 28 : Capquest notice of debt purchase
November 7: CCA request sent
November 9: Confirm receipt of correspondence
November 17: Recon copy of agreement received (sending to Niddy)

As you're aware, forget fighting under s.127 for UE as this is futile, however one point to note is they do not have a copy of the original signed agreement as this is clear with the two versions they've sent you..... forget the original blank one (image name capquest cca copy3) and instead pay attention to what they purport to be the original (image name capquest cca copy1) - now see the interest rates - as detailed in the images below





So they're gonna have problems however as UE doesn't come into it it's more a question of how far do you push it before capitulation and commencement of paying, you can always act daft and pretend it's unenforceable and see what they do - but if they start court action then you'd have to consider backing down and coming to some arrangement, can be handy to settle for smaller F&F's, ie wait 6 months then offer 10% of the value and they may accept.....

That's the normal strategy we play for.....

[spankd1]

Re: spankd1's Unenforceability Diary

Thanks for your quick reccy of the Very agreement. If I use this just to get a bit of extra time what response would you send them?

[spankd1]

Re: spankd1's Unenforceability Diary

Creditor: J D Williams
Type of account: Catalogue
Commenced: Jan 2009 (according to them)
Apprx Bal: £900
Last paid: Oct 2011
Payment status: reduced payments - which they won't accept officially
Status: Default notice
Account owner: Reliable collections


Correspondence:

August 2011: Arrears letter
Aug : Letter from Reliable saying account not brought upto date
Aug : Letter from Reliable considering court action
Sept : Letter from Reliable - notice of potential action
Sept : Letter from Reliable - notice of transfer to solicitors
Oct : Letter from JDWilliams notice of assignment to another dca
Nov : Sent CCA request to Reliable
Nov : Letter from Reliable saying I am under no doubt that they manage my account due to non payment etc...............
Nov : Letter and CCA received (sending to Niddy)

[Never-In-Doubt]

Re: spankd1's Unenforceability Diary

Thanks for your quick reccy of the Very agreement. If I use this just to get a bit of extra time what response would you send them?

---> CCA Query - Missing Prescribed Terms

[Never-In-Doubt]

Re: spankd1's Unenforceability Diary

Creditor: J D Williams

You might wanna read this - these clowns are quite annoying ---> allaboutFORUMS - View Single Post - New and confused

[spankd1]

Re: spankd1's Unenforceability Diary

The Reliable CCA is quite funny as it must have taken no more than 2 minutes to cobble together - it says it is a 'true copy' and is a paper agreement saying on the reverse 'please tear off and send back to us' even tho I applied online. It has my current address on it rather than the one I had when I applied, five and a half pages of every transaction made, and just to annoy the hell out of me, there's a line stating they can confirm there is PPI covering the account - I NEVER take out PPI and know I definitely didn't with this account!! Cheeky barstewards!!

[Never-In-Doubt]

Re: spankd1's Unenforceability Diary

The Reliable CCA is quite funny as it must have taken no more than 2 minutes to cobble together - it says it is a 'true copy' and is a paper agreement saying on the reverse 'please tear off and send back to us' even tho I applied online. It has my current address on it rather than the one I had when I applied, five and a half pages of every transaction made, and just to annoy the hell out of me, there's a line stating they can confirm there is PPI covering the account - I NEVER take out PPI and know I definitely didn't with this account!! Cheeky barstewards!!

In any case, its unenforceable but then again it's not as it's after April 07

Same goes as the other account, send same reply and see what pans out......

[spankd1]

Re: spankd1's Unenforceability Diary

So looking at Niddys post (number 8) JD Williams treat everyone like that then? Awwwww, an I thought I was special!!

[samsmum]

Re: spankd1's Unenforceability Diary

If you're special then i've been treat like royalty!!.Lovely bunch of people aren't they?Think they've got J.K.Rowling working in the letter writing dept. They've not heard from our Niddy yet tho. Watch this space!!

[Never-In-Doubt]

Re: spankd1's Unenforceability Diary

So looking at Niddys post (number 8) JD Williams treat everyone like that then? Awwwww, an I thought I was special!!

They treat everyone as a "speacial case" - muppets that they are

[spankd1]

Re: spankd1's Unenforceability Diary

Hi again,
Received a letter from Capquest today which is really annoying because it's obvious they haven't taken a bit of notice of my request not to be telephoned.
When I sent them a CCA request I put a paragraph at the end saying:

'I would like all correspondence in writing, as discussion regarding this matter will not be dealt with by telephone. Furthermore, I would like all telephone numbers you hold for me to be removed from your records. If this request is not adhered to you will be in breach of the Data Protection Act and this will be reported to the Information Commissioner'.


Then a few days later I was phoned and when they tried to go through security I stated that I had requested in writing that they do not contact me by telephone and that all correspondence should be in writing, then I put the phone down.

Today I received a letter saying, in short, they were going to telephone me and if I don't speak to them on the phone 'my account will be fast tracked to the end point of the collection process which may mean legal action is taken'.



Surely they shouldn't be doing this?

[MrsD]

Re: spankd1's Unenforceability Diary

its a load of bollocks, stick with the letters, don't speak to them on the phone at all. File that particular piece of harassment away carefully with everything else.