Pip's UE Diary

[PlanB]

Re: Pip's UE Diary

Well done you

I do actually pay attention to what you say.

I have 23 creditors and some of them have produced borderline acceptable recon documents in response to my CCA requests which a biased district judge would be happy with . But as the years go by the debt purchasers have tried to call my bluff with assertive letters (mostly MKDP) until the point where I say "give me what you've got". I think PIP is at that stage.

[Never-In-Doubt]

Re: Pip's UE Diary

3I note that Niddy has said that your original CCA response from the OC is sadly EN back in January 2012, but that was based on your initial s.78 response from HBOS. Do you think Capquest have actually seen the documents you were sent or are they simply relying on second-hand information?

Well done you

Hence we do suggest re-requesting a new CCA after a period of time when the DCA gets heavy or has changed because documents do get lost, so maybe it's time to send a new CCA - if you can print one and send it tomorrow then you'll be fine whilst you're away enjoying yourself

[PlanB]

Re: Pip's UE Diary

This is slightly worrying as I'm going abroad tomorrow for three weeks . . . . I'm thinking the only thing I can do is send a letter as soon as I get back in three weeks. This would be just within the 30 days when they would resume collection activity

30 days is 30 days. You'll be back before their deadline expires. Enjoy your trip and make sure to post up the minute you get back so we can suggest which letter to use as a response on the assumption they've not sent you anything else in the meantime (which I seriously doubt).

I note that Niddy has said that your original CCA response from the OC is sadly back in January 2012, but that was based on your initial s.78 response from HBOS. Do you think Capquest have actually seen the documents you were sent or are they simply relying on second-hand information?

[Never-In-Doubt]

Re: Pip's UE Diary

don't worry you go away and enjoy yourself and worry about this upon your return, nothing you can really do and nothing you can stop them doing so lets wait and see eh?

Have a good break

[Pip]

Re: Pip's UE Diary

Pip's account no. 2
Halifax
Start date: Oct 2005
Balance as of Dec 2011: approx. £7,000
Last "full" payment (i.e. within their stipulated minimum): Sep 2010 (approx).
Last DMP payment via CCCS: Dec 2011
Default notice issued April 2011.
Status: Last payment in Dec 2011 (smaller amount in Dec 2011 than the regular DMP payment had been up to that month)

2011 = Pre-AAD days
JUN Moorcroft: Notice of "intended litigation", referring to Halifax as "our client"
JUN CCA request letter sent to Moorcroft
JUN Moorcroft: Notice of "possible litigation", including a list of silly potential fees
JUN Moorcroft confirming CCA request, say they've requested docs from Halifax; account on hold until docs supplied. Request for indication of info I would rely upon when giving evidence to a court (??!)
JUL Account in dispute letter sent (although, sillily, I was continuing to pay via DMP)
JUL Moorcroft confirming CCA request, identically worded to June letter
JUL Another account in dispute letter sent
JUL Moorcroft: "We understand our client has now contacted you with the relevant information [they hadn't] ... we trust that the documents resolve your query ...
SEP Moorcroft acknowledging direct payment to Halifax, saying that Moorcroft are responsible for the admin of the account and telling me I should pay them (even though they haven't bought it)
SEP Another account in dispute letter sent
NOV Moorcroft acknowledging direct payment to Halifax, same wording as Sep letter above
DEC CCA Final Demand sent to Moorcroft -- they signed for original CCA request letter in June and cashed the PO around the same time (checked with Post Office)

2012 = now following AAD guidance
JAN CCA request letter sent direct to Halifax (Royal Mail delivery conf. printed)
JAN From Moorcróft: Missed call (early morning weekend) and text from Moorcróft: Please contact us immediately on 0161 ... to discuss your overdue payment on account no. xxx. Another missed call from Moorcroft a few days later (evening)
JAN Moorcroft letter: Records show not paid Halifax full amount [did pay them something in Dec though]. Unless payment received by return of post, we may recommend to our clients that they instruct their solicitors to commence legal proceedings without further notice. Neither we nor client wish to take this step; call us on above no. and we would be happy to agree a repayment plan.Note: Moorcroft don't own this debt, they know payment has continued to go to Halifax, so why the hell bother paying the monkey (or indeed the organ grinder)...
JAN CCA received from HBOS directly -- emailed Niddy -- Niddy says and to wait for now to see what comes back from other lenders.
JAN Rather cryptically, have received a letter and £1 cheque from Moorcroft: "Further to your request for a copy of your credit agreement, we regret that because of the age of this account our client is unable to produce a copy of your document given that the agreement is over 6 years old and to this end we therefore return the £1 payment [...] Notwithstanding this our clients believe the above balance remains due and payable and we therefore require immediate payment of this sum or realistic proposals for repayment. The Information Commissioner's Office has confirmed that whereas a debtor is not obliged to repay the account due to the provisions of the CCA, this does not mean that there was no enforceable agreement. Look forward to hearing from you within next 14 days with proposals for discharging this liability."
FEB Moorcroft letter: "Home Collections Division". You have defaulted on agreement we reached [I didn't negotiate any agreement with Moorcroft]. This may involve our local rep calling at your home in next few day to try to assist you [...] Payment must reach us in three days. If no satisfactory agreement is made with us or our local rep we'll have to recommend to client that solicitors commence legal proceedings without further notice.
FEB Sent Threat of Doorstep Visit letter
FEB Sent Letter Previously Confirming No CCA
FEB Exceedingly polite three-page letter (with two-page appendix) from Moorcroft! (with some grammar corkers): We confirm your account has been amended to ensure NO telephone calls and NO visits while contact is maintained in writing as you have suggested. We stress that it is certainly not our intention to harass any member of the public with our contact at our client's request ... ["any member of the public"?? Like a random shopper in the high street?]. // Our records show that we have providided [sic] you with our client's response advising that due to the age of this account our client would be unable to provide this documentation for you [and very nice of you to put it in writing for me again, thank you very much!].// We feel it prudent at this point to bring to you attention the following information: In relation to the validity of a debt, it is our understanding that the Information Commissioner's Office has confirmed blah unenforceablity [I can't for the life of me think what the Information Commissioner has to do with this?]. // Account will remain on hold for 28 days to give you an opportunity to respond. Should we receive no further contact within the 28 days we believe it is sensible to close this account on our systems and return this account back to our client.
APR Letter from CapQuest: Your Halifax account has been referred to CapQuest to manage in all matters relating to collection, which may include personal visits by doorstep collection agency and possible litigation. If you are not in a position to settle account in full contact us blah etc.
APR Sent Letter to CapQuest Previously Confirming No CCA
APR Letter from CapQuest: Further to your recent contact and request for further info, account is now on hold for 28 days whilst we obtain information required. // If you have any proof of payments or correspondence that would assist with your query, please forward these documents to our Collections Administration dept.
APR Letter from CapQuest: We thank you for your correspondence and respond as follows: we can confirm we have requested a copy of the agreement from our client
JUL Letter from Halifax: As we haven't been able to agree to a suitable repayment plan, we've transferred your Halifax credit card to a debt collection agency, Robinson Way. We've instructed Robinson Way to arrange collection of the outstanding amount.
JUL Letter from Robinson Way: FORMAL DEMAND FOR PAYMENT // Our client has authorised us to recover full amount. If you don't we may advise our client to start court action. If this, then that; unpaid debts don't just go away, blah etc.
JUL 2012 Sent Letter to Robinson Way Previously Confirming No CCA

2013
JUL 2013 Letter from CapQuest: Welcome to Capquest. We're now looking after your account. Capquest will now manage your account that has been sold by Halifax to Capquest Investments Ltd (this is the first I've heard of it). We need to discuss your account. We'd like to work with you to reach a payment arrangement [...] Capquest Investments Ltd is now the data controller of your personal information that is held on your account. If you want to see the personal information about you that we hold, please write to us sending us £10 as the fee that we may charge under the Data Protection Act. blah etc. If you have any questions, feel free to contact us.
AUG Letter from CapQuest: We refer to our recent letter. As legal owners of this account, we are able to obtain regular updated from credit reference agencies regarding your current financial position. We use this data to evaluate what steps should be taken to get your account into a paying status. We will use financial updates from CRAs in conjunction with other factors in determining our recovery strategy, which may include legal action. // Alternatively [...] you do not have to pay the full balance immediately; we will work with you to agree an acceptable arrangement. [...] We will need you to contact us within the next 14 days to discuss the opportunities further.
AUG Sent Letter to Capquest Previously Confirming No CCA
AUG Letter from CapQuest: As you will now be aware your account is being processed for legal action. Your account has been selected for a one-time solution to settle your account (pay 70% of total in instalments). This offer will remain open for 10 days. If at any time you find yourself in difficultly, and you will not be able to make a scheduled payment, telephone us and we will reschedule your account without penalty. If, however, you fail in your commitment without good cause or reason the offer will be withdrawn. // We hope that you seriously consider this proposal. Yours sincerely, Capquest [i.e. not a named person]
SEP Letter from CapQuest: Further to your recent contact, your account is on hold for 28 days whilst we obtain the info required.
OCT Letter from CapQuest: Please find enclosed copy document(s) as requested [Copy of application form enclosed but no terms]. If you are not currently repaying this account on arrangement, it is now imperative that you deal with this matter immediately by sending your payment directly to us. // We have placed your account on hold for seven days. If we do not receive contact from you by this date your account will be passed to our Collections department for further action. Signed, "Collections Administration".
OCT Sent Letter to Capquest Missing Prescribed Terms
OCT Letter from CapQuest: We regret that you have been dissatisfied with our service
NOV Letter from CapQuest: We apologise for the delay in dealing with your complaint
NOV Letter from CapQuest: A copy of the agreement was sent to you in October and I enclose a further copy. Statements and terms & conditions have been requested from the original creditor and your account will remain on hold until we receive these documents. We appreciate that you believe the agreement is unenforceable, however it is likely you would have received a copy of the agreement when your credit card was issued. You would have had every opportunity to raise any issues with the OC that you may have had in relation to the agreement at that time. // Please be advised that the copy of the agreement may refer to the prescribed terms for your account; however it is sufficient for you to be provided with a copy of the full T&Cs upon signing the agreement [?]. Also, the documents you request do not need to be provided on a single piece of paper to constitute a single document. [Copy of signed application form with scratchy T&Cs on back enclosed]

Oh dear.

2014
MAR Letter from CapQuest: Letter containing bunch of unformatted statements and T&Cs. and "Please contact our Collections department to arrange suitable method of payment. Account on hold for 30 days to allow you time to contact us regarding repayment".

This is slightly worrying as I'm going abroad tomorrow for three weeks -- the longest I'll have been away since 2007. I had got a bit confused thinking this was a Lloyds TSB account but it's in fact the one that CapQuest bought. I'm thinking the only thing I can do is send a letter as soon as I get back in three weeks. This would be just within the 30 days when they would resume collection activity.
I'll have to brush up on recent CapQuest shenanigans on other AAD members' accounts to see how heavy they've been with ones they've bought in the past year. Ideally they'll just send it off on a DCA merry-go-round.
As for the letter to send, wondering whether to send yet another Missing Prescribed Terms or an "Enough is Enough". I'll do my CapQuest research homework while I'm away (it's a real one-off work trip with a holiday tagged on the end! Haven't been sent anywhere away to work for four years).
Many thanks as always to the wonderful members and mods of this one-of-a-kind site!

PS Love the new font!

[Pip]

Re: Pip's UE Diary

Pip's account no. 3
Lloyds TSB
Start date: Jan 2004
Balance as of Dec 2011: approx. £13,000
Last "full" payment (i.e. within their stipulated minimum): Sep 2010 (approx).
Last DMP payment via CCCS: Dec 2011
Default notice issued November 2010.
Status: Last payment in Dec 2011 (smaller amount in Dec 2011 than the regular DMP payment had been up to that month)

2012
JAN CCA request letter sent to Lloyds TSB (Royal Mail delivery conf. printed)
JAN Letter from B*L*S*** Collections saying payment plan is now in arrears [payment into DMP reduced in December]. "To avoid action, blah, make payment with debit or CREDIT CARD. Contact CAB or CCCS."
JAN Identical letter to one above from B*L*S*** Collections, dated/arriving one day later
JAN Reply to CCA request received from Lloyds TSB -- Niddy says !
JAN Sent Missing Prescribed Terms letter
JAN Letter from BLS Collections saying "It is essential that you telephone BLS Collections TODAY. " in capitals, bold AND underlined! [this is due to reduced payment they received last month. Payments have now stopped altogether]
JAN Letter from BLS Collections: "Repayment plan you agreed to is still overdue. We have previously reminded you about the money and you must pay the amount outstanding straight away. If you don't pay the outstanding amount to bring your account back on track within 10 days you will fall further into arrears etc./payment plan will be cancelled and full balance will be due. They're Lloyds TSB's in-house DCA/letter printing machine -- do I need to respond to this? See also Lloyds TSB letter received below
JAN Letter from Lloyds TSB: According to our records we supplied reconstituted copies of the agreement in place at the time the account was opened and the one currently in place. By providing these copies, we satisfied our obligation under s.78. // The regulations define what is required of a "copy". Whilst regulation 3 provided "every copy" of an executed agreement... shall be a true copy". [sic -- sentence ends there] Regulation 3(2) (b) provides that a copy can omit any signature box, signature or date of signature. // In summary, to comply with s.78, copy does not need to be a copy with the customer's signature on it. [snipped, see post #3]
FEB Letter from B*L*S*** Collections: Essential that you call BLS TODAY.
FEB Letter from B*L*S*** Collections: In arrears // Failure to contact may result in court proceedings, door-to-door collections agent
FEB Sent Threat-o-Gram Letter Before Action
MAR Letter from B*L*S*** Collections: Essential that you call BLS TODAY.
MAR Letter from B*L*S*** Collections: We wrote to you recently and can only assume, due to your lack of contact, that you have no intention of paying this debt on a voluntary basis. // If you do not contact us on the above telephone number within the next 14 days, you will force us to commence legal action against you. This will occur additional fees and cost, estimated to be a minimum of £290. [snipped, see post #3]
MAR Replied sending copies of Threat-o-Gram Letter Before Action previously sent to them which they have so far ignored
APR Letter on Lloyds TSB letterhead but with Robinson Way address at top right of page: Statement of account going back a year [laid out like a letter, not a "regular" credit card statement] Wording includes: If you have a problem with your agreement, please try and settle it with us in the first instance.
APR Letter from Robinson Way (same day as above LTSB statement letter): FORMAL DEMAND FOR PAYMENT. Our client has authorised us to recover the full amount you owe. PLEASE PAY blah. If you cannot pay in full, call us to agree an affordable payment plan. If you don't, we may advise court action. If you fail to pay in accordance with court payment order, the following may occur: # Application made to court to enforce repayment [?], # Future credit will be difficult to obtain [durr!]. # This account may continue to be a worry for you. Unpaid debts don't just go away or get forgotten no matter how much people want that to happen.
APR Sent Account sold whilst in dispute letter to Robinson Way
APR Letter from Robinson Way [above sold in dispute letter has crossed with this one]: SECURITY TELEMESSAGE - SECURITY TELEMESSAGE [yet so urgent that they sent it via Mailsort-type bulk mail] RECENT ACTIONS ON YOUR ACCOUNT ARE GIVING CAUSE FOR CONCERN - PLEASE CONTACT US IMMEDIATELY ON 0845 - PLEASE DO NOT DELAY - QUOTE ABOVE REFERENCE NUMBER - SECURITY TELEMESSAGE - SECURITY TELEMESSAGE
MAY Letter from Robinson Way: Please note we have noted the dispute/query you have raised; we will make enquiries and let you know the outcome. In the meantime we will stop all collection activity for this account.
SEP Letter from Apex Credit Mgt: Our client is aware of the difficult financial circumstances that a number of their customers are currently experiencing. As a result they have authorised us to consider a discounted settlement figure against the above listed debt. We may be able to offer you a substantial discount on your balance and would like to explore this option with you. This offer is available for a period of 21 days from the date of this letter. To confirm eligibility and take advantage of this enhanced opportunity to clear this debt, please contact us without delay.
SEP Letter from H L Solicitors / H L Legal: NOTICE OF PENDING LEGAL ACTION // We have been instructed by Apex, agents for above named creditor [Lloyds TSB] in relation to your outstanding sum. // Unless our client received payment in full or a valid reason for non-payment of the account within the next 7 days, court proceedings may be taken against you without further notice. // Should court proceedings be issued, you will by liable for X, Y and Z which would significantly increase your balance. If judgment is entered against you, it may make it difficult for you to obtain credit in future. // Please note, we are instructed not to enter into correspondence with you but to refer you to Apex. You can contact them on the number stated above or at the address supplied on previous correspondence.
SEP Sent Account sold whilst in dispute letter to Apex Credit Mgt
OCT Letter from Apex Credit Mgt: With reference to your dispute, Lloyds Banking Group have confirmed a final response letter has been issued. Please see enclosed a copy of the final response dated January 2012. If you are unhappy with the outcome of your dispute, please contact the Financial Ombudsman Service and update us accordingly. If you wish to discuss this matter further, please contact us.
2013
FEB Letter "from Lloyds TSB" [but in an envelope with Wescot's address on the back]: As we haven't been able to agree a suitable repayment plan we've transferred your Lloyds TSB credit card to a debt collection agency, Wescot Credit Services Ltd. We've instructed Wescot to arrange collection of the outstanding amount. // Please contact Wescot a.s.a.p. to arrange to pay back the outstanding balance.
MAR Letter from Wescot Wescot Credit Services is a specialist DEBT COLLECTION organisation ... instructed by client to collect outstanding balance on their behalf. // You should follow the instructions and reply IMMEDIATELY. TO AVOID WESCOT TAKING FURTHER ACTION, YOU MUST 1) PAY THE DEBT IN FULL, OR 2) CONTACT US ON 0845 ...
MAR Sent Account sold whilst in dispute letter to Wescot
MAR Letter from Wescot We acknowledge that you have raised a query on this account // We will suspend all collection activity whilst the matter is under investigation. // As our investigation of your query will require us to contact our client, this process may take several weeks. We would appreciate your patience during this time. Upon concluding our investigation we will contact you again.
MAR Letter from Wescot Having contacted our client they have advised that they had sent a letter to you in January 2012 with regards to your dispute (copy enclosed). // We believe the dispute has now been resolved and the full balance or an agreed monthly instalment is required by return. // In the event you believe you still have a valid dispute, please contact us with details wihin the next 14 days otherwise your account will be returned to our recovery team for collection [enclosed copy letter from Lloyds TSB from Jan 2012 (but with no LTSB letterhead): "According to our records we supplied reconstituted copies ..." above)
JUN Letter from Lloyds TSB "Statement of account" in the form of a letter (actually from Lloyds and not a DCA pretending to be them)
NOV Letter from Lloyds Bank We've transferred your account to Capquest, whom we've instructed to arrange collection of the outstanding amount..
NOV Letter from Capquest This is to inform you that this account has been referred to Capquest to manage in all matters related to collection which may include (•) Personal visit by our doorstep collection agency, (•) possible litigation. If contact is not made by [nine days hence] your account will be passed to our solicitors HL Legal. No contact will mean further action.
NOV Sent Account sold whilst in dispute letter to Capquest
NOV Letter from Capquest (From their automatic letter printing machine, sent less than a week after they received my sold in dispute letter, so probably crossed in the post): Prior to the start of legal proceedings various checks are made regarding your current circumstances. During this process it has been established that there are no outstanding CCJs registered against you at this address. // We are highlighting this to you as a matter of urgency. If we need to start the legal process and a CCJ is awarded, this may (blah etc. more consequences of CCJs). // We are not seeking an immediate payment in full; we can offer many repayment matters. All we ask is that you telephone us within the next ten days. No contact by this date will result in your account moving forward to litigation.
NOV Sent Copy of account sold whilst in dispute letter to Capquest
DEC Letter from Capquest Pleased be advised that in order to provide you with a copy of the agreement you will need to provide a £1 fee payable to Capquest. Once this fee has been received we can request the copy of the agreement from our client.

Oo-eck.

2014
JAN Letter from HL Legal CapQuest has appointed us on behalf of Lloyds Bank. // TAKE NOTICE THAT unless this a/c is paid within 10 days, court proceedings MAY be issued against you without further notice.[List of costs]. Payment must be sent without delay to CapQuest. If you wish to discuss this matter you must contact our client CapQuest on 0333 999 7204. Court proceedings may involve you paying costs and will make it difficult to get credit if judgment is obtained against you.

It does of course state "All communications must be sent direct to CapQuest", and not to the solicitors.
One thing I can't fathom though is how I didn't read and didn't act upon Vint and Pixie's advice on 10th December, just a day after my previous post. I wonder if it's still worth sending the "£1 already sent to Lloyds on xx date". In instances like these with a letterhead-for-rent, do you send a copy to the solicitor's address as well?

Many thanks to Pixie and Vint for your previous advice, and I cannot think why I didn't see it. This is the first time this has happened -- I'd better just put it down to December madness, looking back from the dull, grey, wet calm of January ..!

[Pixie]

Re: Pip's UE Diary

Yes, I'd just send a one-liner saying that you've already paid £1 to LTSB for a cca request on XX/XX/XXXX

[vint1954]

Re: Pip's UE Diary

You could write back advising them to check back with all of the previous chasers and OC and that you are waiting for the OC to comply with the original CCA Request. let them run around for a few months

[Pip]

Re: Pip's UE Diary

Pip's account no. 3
Lloyds TSB
Start date: Jan 2004
Balance as of Dec 2011: approx. £13,000
Last "full" payment (i.e. within their stipulated minimum): Sep 2010 (approx).
Last DMP payment via CCCS: Dec 2011
Default notice issued November 2010.
Status: Last payment in Dec 2011 (smaller amount in Dec 2011 than the regular DMP payment had been up to that month)

2012
JAN CCA request letter sent to Lloyds TSB (Royal Mail delivery conf. printed)
JAN Letter from B*L*S*** Collections saying payment plan is now in arrears [payment into DMP reduced in December]. "To avoid action, blah, make payment with debit or CREDIT CARD. Contact CAB or CCCS."
JAN Identical letter to one above from B*L*S*** Collections, dated/arriving one day later
JAN Reply to CCA request received from Lloyds TSB -- Niddy says !
JAN Sent Missing Prescribed Terms letter
JAN Letter from BLS Collections saying "It is essential that you telephone BLS Collections TODAY. " in capitals, bold AND underlined! [this is due to reduced payment they received last month. Payments have now stopped altogether]
JAN Letter from BLS Collections: "Repayment plan you agreed to is still overdue. We have previously reminded you about the money and you must pay the amount outstanding straight away. If you don't pay the outstanding amount to bring your account back on track within 10 days you will fall further into arrears etc./payment plan will be cancelled and full balance will be due. They're Lloyds TSB's in-house DCA/letter printing machine -- do I need to respond to this? See also Lloyds TSB letter received below
JAN Letter from Lloyds TSB: According to our records we supplied reconstituted copies of the agreement in place at the time the account was opened and the one currently in place. By providing these copies, we satisfied our obligation under s.78. // The regulations define what is required of a "copy". Whilst regulation 3 provided "every copy" of an executed agreement... shall be a true copy". [sic -- sentence ends there] Regulation 3(2) (b) provides that a copy can omit any signature box, signature or date of signature. // In summary, to comply with s.78, copy does not need to be a copy with the customer's signature on it. [snipped, see post #3]
FEB Letter from B*L*S*** Collections: Essential that you call BLS TODAY.
FEB Letter from B*L*S*** Collections: In arrears // Failure to contact may result in court proceedings, door-to-door collections agent
FEB Sent Threat-o-Gram Letter Before Action
MAR Letter from B*L*S*** Collections: Essential that you call BLS TODAY.
MAR Letter from B*L*S*** Collections: We wrote to you recently and can only assume, due to your lack of contact, that you have no intention of paying this debt on a voluntary basis. // If you do not contact us on the above telephone number within the next 14 days, you will force us to commence legal action against you. This will occur additional fees and cost, estimated to be a minimum of £290. [snipped, see post #3]
MAR Replied sending copies of Threat-o-Gram Letter Before Action previously sent to them which they have so far ignored
APR Letter on Lloyds TSB letterhead but with Robinson Way address at top right of page: Statement of account going back a year [laid out like a letter, not a "regular" credit card statement] Wording includes: If you have a problem with your agreement, please try and settle it with us in the first instance.
APR Letter from Robinson Way (same day as above LTSB statement letter): FORMAL DEMAND FOR PAYMENT. Our client has authorised us to recover the full amount you owe. PLEASE PAY blah. If you cannot pay in full, call us to agree an affordable payment plan. If you don't, we may advise court action. If you fail to pay in accordance with court payment order, the following may occur: # Application made to court to enforce repayment [?], # Future credit will be difficult to obtain [durr!]. # This account may continue to be a worry for you. Unpaid debts don't just go away or get forgotten no matter how much people want that to happen.
APR Sent Account sold whilst in dispute letter to Robinson Way
APR Letter from Robinson Way [above sold in dispute letter has crossed with this one]: SECURITY TELEMESSAGE - SECURITY TELEMESSAGE [yet so urgent that they sent it via Mailsort-type bulk mail] RECENT ACTIONS ON YOUR ACCOUNT ARE GIVING CAUSE FOR CONCERN - PLEASE CONTACT US IMMEDIATELY ON 0845 - PLEASE DO NOT DELAY - QUOTE ABOVE REFERENCE NUMBER - SECURITY TELEMESSAGE - SECURITY TELEMESSAGE
MAY Letter from Robinson Way: Please note we have noted the dispute/query you have raised; we will make enquiries and let you know the outcome. In the meantime we will stop all collection activity for this account.
SEP Letter from Apex Credit Mgt: Our client is aware of the difficult financial circumstances that a number of their customers are currently experiencing. As a result they have authorised us to consider a discounted settlement figure against the above listed debt. We may be able to offer you a substantial discount on your balance and would like to explore this option with you. This offer is available for a period of 21 days from the date of this letter. To confirm eligibility and take advantage of this enhanced opportunity to clear this debt, please contact us without delay.
SEP Letter from H L Solicitors / H L Legal: NOTICE OF PENDING LEGAL ACTION // We have been instructed by Apex, agents for above named creditor [Lloyds TSB] in relation to your outstanding sum. // Unless our client received payment in full or a valid reason for non-payment of the account within the next 7 days, court proceedings may be taken against you without further notice. // Should court proceedings be issued, you will by liable for X, Y and Z which would significantly increase your balance. If judgment is entered against you, it may make it difficult for you to obtain credit in future. // Please note, we are instructed not to enter into correspondence with you but to refer you to Apex. You can contact them on the number stated above or at the address supplied on previous correspondence.
SEP Sent Account sold whilst in dispute letter to Apex Credit Mgt
OCT Letter from Apex Credit Mgt: With reference to your dispute, Lloyds Banking Group have confirmed a final response letter has been issued. Please see enclosed a copy of the final response dated January 2012. If you are unhappy with the outcome of your dispute, please contact the Financial Ombudsman Service and update us accordingly. If you wish to discuss this matter further, please contact us.
2013
FEB Letter "from Lloyds TSB" [but in an envelope with Wescot's address on the back]: As we haven't been able to agree a suitable repayment plan we've transferred your Lloyds TSB credit card to a debt collection agency, Wescot Credit Services Ltd. We've instructed Wescot to arrange collection of the outstanding amount. // Please contact Wescot a.s.a.p. to arrange to pay back the outstanding balance.
MAR Letter from Wescot Wescot Credit Services is a specialist DEBT COLLECTION organisation ... instructed by client to collect outstanding balance on their behalf. // You should follow the instructions and reply IMMEDIATELY. TO AVOID WESCOT TAKING FURTHER ACTION, YOU MUST 1) PAY THE DEBT IN FULL, OR 2) CONTACT US ON 0845 ...
MAR Sent Account sold whilst in dispute letter to Wescot
MAR Letter from Wescot We acknowledge that you have raised a query on this account // We will suspend all collection activity whilst the matter is under investigation. // As our investigation of your query will require us to contact our client, this process may take several weeks. We would appreciate your patience during this time. Upon concluding our investigation we will contact you again.
MAR Letter from Wescot Having contacted our client they have advised that they had sent a letter to you in January 2012 with regards to your dispute (copy enclosed). // We believe the dispute has now been resolved and the full balance or an agreed monthly instalment is required by return. // In the event you believe you still have a valid dispute, please contact us with details wihin the next 14 days otherwise your account will be returned to our recovery team for collection [enclosed copy letter from Lloyds TSB from Jan 2012 (but with no LTSB letterhead): "According to our records we supplied reconstituted copies ..." above)
JUN Letter from Lloyds TSB "Statement of account" in the form of a letter (actually from Lloyds and not a DCA pretending to be them)
NOV Letter from Lloyds Bank We've transferred your account to Capquest, whom we've instructed to arrange collection of the outstanding amount..
NOV Letter from Capquest This is to inform you that this account has been referred to Capquest to manage in all matters related to collection which may include (•) Personal visit by our doorstep collection agency, (•) possible litigation. If contact is not made by [nine days hence] your account will be passed to our solicitors HL Legal. No contact will mean further action.
NOV Sent Account sold whilst in dispute letter to Capquest
NOV Letter from Capquest (From their automatic letter printing machine, sent less than a week after they received my sold in dispute letter, so probably crossed in the post): Prior to the start of legal proceedings various checks are made regarding your current circumstances. During this process it has been established that there are no outstanding CCJs registered against you at this address. // We are highlighting this to you as a matter of urgency. If we need to start the legal process and a CCJ is awarded, this may (blah etc. more consequences of CCJs). // We are not seeking an immediate payment in full; we can offer many repayment matters. All we ask is that you telephone us within the next ten days. No contact by this date will result in your account moving forward to litigation.

Doh!

DEC Letter from Capquest Pleased be advised that in order to provide you with a copy of the agreement you will need to provide a £1 fee payable to Capquest. Once this fee has been received we can request the copy of the agreement from our client.

Wonder whether to write back already with a copy of original CCA payment proof that was sent to to the OC, or wait until Capquest write again?

[Pixie]

Re: Pip's UE Diary

Sorry...didn't mean to scare you Pip.

Yes scan and email what they sent to Niddy.

I don't think you need to send a new cca request (yes, that's what's meant by s.78) as they've sent you two ccas since they bought your Halifax account in July (others might think differently)

[Pip]

Re: Pip's UE Diary

Oo 'eck, Pixie! Thanks so much for the warning!

The thing that they said they were requesting from the OC is (presumably) the "current" terms.

Thanks very much also for flagging up Mrs Scarednshakin's diary. I read in her diary that Niddy recommends doing a CCA request to Capquest when they assign accounts. As part of their response to Sold in Dispute, they've already sent me a copy of the signed application form with scratchy T&Cs on the reverse. I should perhaps email Niddy a scan of what they've sent.

Should I in any case send off a new CCA request (if that is what is meant by "s.78")? If it goes to a different department (if I just send it to the main postal address) it may take a while for them to get their knickers untwisted.
Many many thanks for the amazing help and advice on this site. It's like no other!

[Pixie]

Re: Pip's UE Diary

Capquest have progressed from being bottom feeders

Their "Fresh Approach" and management changes forced their hand. They're scum like Lowell now.

See this -> http://www.capquest.co.uk

bragging about a new approach grrrrrr

CQ are claim happy so we need to keep an eye on them.

I'd send Creditor Refusal to Accept UE Status rather than hanging on to see what they send next.

[Pip]

Re: Pip's UE Diary

Pip's account no. 2
Halifax
Start date: Oct 2005
Balance as of Dec 2011: approx. £7,000
Last "full" payment (i.e. within their stipulated minimum): Sep 2010 (approx).
Last DMP payment via CCCS: Dec 2011
Default notice issued April 2011.
Status: Last payment in Dec 2011 (smaller amount in Dec 2011 than the regular DMP payment had been up to that month)

2011 = Pre-AAD days
JUN Moorcroft: Notice of "intended litigation", referring to Halifax as "our client"
JUN CCA request letter sent to Moorcroft
JUN Moorcroft: Notice of "possible litigation", including a list of silly potential fees
JUN Moorcroft confirming CCA request, say they've requested docs from Halifax; account on hold until docs supplied. Request for indication of info I would rely upon when giving evidence to a court (??!)
JUL Account in dispute letter sent (although, sillily, I was continuing to pay via DMP)
JUL Moorcroft confirming CCA request, identically worded to June letter
JUL Another account in dispute letter sent
JUL Moorcroft: "We understand our client has now contacted you with the relevant information [they hadn't] ... we trust that the documents resolve your query ...
SEP Moorcroft acknowledging direct payment to Halifax, saying that Moorcroft are responsible for the admin of the account and telling me I should pay them (even though they haven't bought it)
SEP Another account in dispute letter sent
NOV Moorcroft acknowledging direct payment to Halifax, same wording as Sep letter above
DEC CCA Final Demand sent to Moorcroft -- they signed for original CCA request letter in June and cashed the PO around the same time (checked with Post Office)

2012 = now following AAD guidance
JAN CCA request letter sent direct to Halifax (Royal Mail delivery conf. printed)
JAN From Moorcróft: Missed call (early morning weekend) and text from Moorcróft: Please contact us immediately on 0161 ... to discuss your overdue payment on account no. xxx. Another missed call from Moorcroft a few days later (evening)
JAN Moorcroft letter: Records show not paid Halifax full amount [did pay them something in Dec though]. Unless payment received by return of post, we may recommend to our clients that they instruct their solicitors to commence legal proceedings without further notice. Neither we nor client wish to take this step; call us on above no. and we would be happy to agree a repayment plan.Note: Moorcroft don't own this debt, they know payment has continued to go to Halifax, so why the hell bother paying the monkey (or indeed the organ grinder)...
JAN CCA received from HBOS directly -- emailed Niddy -- Niddy says and to wait for now to see what comes back from other lenders.
JAN Rather cryptically, have received a letter and £1 cheque from Moorcroft: "Further to your request for a copy of your credit agreement, we regret that because of the age of this account our client is unable to produce a copy of your document given that the agreement is over 6 years old and to this end we therefore return the £1 payment [...] Notwithstanding this our clients believe the above balance remains due and payable and we therefore require immediate payment of this sum or realistic proposals for repayment. The Information Commissioner's Office has confirmed that whereas a debtor is not obliged to repay the account due to the provisions of the CCA, this does not mean that there was no enforceable agreement. Look forward to hearing from you within next 14 days with proposals for discharging this liability."
FEB Moorcroft letter: "Home Collections Division". You have defaulted on agreement we reached [I didn't negotiate any agreement with Moorcroft]. This may involve our local rep calling at your home in next few day to try to assist you [...] Payment must reach us in three days. If no satisfactory agreement is made with us or our local rep we'll have to recommend to client that solicitors commence legal proceedings without further notice.
FEB Sent Threat of Doorstep Visit letter
FEB Sent Letter Previously Confirming No CCA
FEB Exceedingly polite three-page letter (with two-page appendix) from Moorcroft! (with some grammar corkers): We confirm your account has been amended to ensure NO telephone calls and NO visits while contact is maintained in writing as you have suggested. We stress that it is certainly not our intention to harass any member of the public with our contact at our client's request [snipped, see post #2]APR Letter from CapQuest: Your Halifax account has been referred to CapQuest to manage in all matters relating to collection, which may include personal visits by doorstep collection agency and possible litigation. If you are not in a position to settle account in full contact us blah etc.
APR Sent Letter to CapQuest Previously Confirming No CCA
APR Letter from CapQuest: Further to your recent contact and request for further info, account is now on hold for 28 days whilst we obtain information required. // If you have any proof of payments or correspondence that would assist with your query, please forward these documents to our Collections Administration dept.
APR Letter from CapQuest: We thank you for your correspondence and respond as follows: we can confirm we have requested a copy of the agreement from our client
JUL Letter from Halifax: As we haven't been able to agree to a suitable repayment plan, we've transferred your Halifax credit card to a debt collection agency, Robinson Way. We've instructed Robinson Way to arrange collection of the outstanding amount.
JUL Letter from Robinson Way: FORMAL DEMAND FOR PAYMENT // Our client has authorised us to recover full amount. If you don't we may advise our client to start court action. If this, then that; unpaid debts don't just go away, blah etc.
JUL 2012 Sent Letter to Robinson Way Previously Confirming No CCA

2013
JUL 2013 Letter from CapQuest: Welcome to Capquest. We're now looking after your account. Capquest will now manage your account that has been sold by Halifax to Capquest Investments Ltd (this is the first I've heard of it). We need to discuss your account. We'd like to work with you to reach a payment arrangement [...] Capquest Investments Ltd is now the data controller of your personal information that is held on your account. If you want to see the personal information about you that we hold, please write to us sending us £10 as the fee that we may charge under the Data Protection Act. blah etc. If you have any questions, feel free to contact us.
AUG Letter from CapQuest: We refer to our recent letter. As legal owners of this account, we are able to obtain regular updated from credit reference agencies regarding your current financial position. We use this data to evaluate what steps should be taken to get your account into a paying status. We will use financial updates from CRAs in conjunction with other factors in determining our recovery strategy, which may include legal action. // Alternatively [...] you do not have to pay the full balance immediately; we will work with you to agree an acceptable arrangement. [...] We will need you to contact us within the next 14 days to discuss the opportunities further.
AUG Sent Letter to Capquest Previously Confirming No CCA
AUG Letter from CapQuest: As you will now be aware your account is being processed for legal action. Your account has been selected for a one-time solution to settle your account (pay 70% of total in instalments). This offer will remain open for 10 days. If at any time you find yourself in difficultly, and you will not be able to make a scheduled payment, telephone us and we will reschedule your account without penalty. If, however, you fail in your commitment without good cause or reason the offer will be withdrawn. // We hope that you seriously consider this proposal. Yours sincerely, Capquest [i.e. not a named person]
SEP Letter from CapQuest: Further to your recent contact, your account is on hold for 28 days whilst we obtain the info required.
OCT Letter from CapQuest: Please find enclosed copy document(s) as requested [Copy of application form enclosed but no terms]. If you are not currently repaying this account on arrangement, it is now imperative that you deal with this matter immediately by sending your payment directly to us. // We have placed your account on hold for seven days. If we do not receive contact from you by this date your account will be passed to our Collections department for further action. Signed, "Collections Administration".
OCT Sent Letter to Capquest Missing Prescribed Terms
OCT Letter from CapQuest: We regret that you have been dissatisfied with our service
NOV Letter from CapQuest: We apologise for the delay in dealing with your complain

Bit of a long one from Capquest ...

NOV Letter from CapQuest: A copy of the agreement was sent to you in October and I enclose a further copy. Statements and terms & conditions have been requested from the original creditor and your account will remain on hold until we receive these documents. We appreciate that you believe the agreement is unenforceable, however it is likely you would have received a copy of the agreement when your credit card was issued. You would have had every opportunity to raise any issues with the OC that you may have had in relation to the agreement at that time. // Please be advised that the copy of the agreement may refer to the prescribed terms for your account; however it is sufficient for you to be provided with a copy of the full T&Cs upon signing the agreement [?]. Also, the documents you request do not need to be provided on a single piece of paper to constitute a single document. [Copy of signed application form with scratchy T&Cs on back enclosed]

I need to have a look through the diaries to see what Capquest are like when they've bought an account; how mean they can be! I'll hang on to see what they send once they've received more stuff from the OC. A good outcome would be if they just chucked it out to another DCA but I'm not sure whether they would do that, seeing as Capquest are themselves bottom-feeders of the lowest order ...

Any other insights though gratefully received!

[Pip]

Re: Pip's UE Diary

Thanks Mrs D and Nightwatch!

I just had a look at your diary Nightwatch (thanks for letting me know about your crapquest/crapjest letter!) and it only took you about three months to give them the old heave-ho. As Mrs D suggests I'll leave it until next week and send a one-liner with a copy of the Sold in Dispute letter. I'll send it recorded this time rather than with a proof of posting.

[nightwatch]

Re: Pip's UE Diary

we got one of those letters, I replied by thanking them for telling me where we lived and pointing out we had no CCj's and if they had asked me about that in any of the other numerous letters we had received from them. I could have cleared that matter up without them wasting valuable time, that could of been used READING the letters we had sent them, not heard anything back!