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  • You've probably already sent something Pip, but maybe the LBA would be the better letter. The letter you received looks like bluster; maybe a last desperate attempt to frighten you into paying before its SB?
    Let your smile change the world but don't let the world change your smile


    I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

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    Comment


    • Doesn't the LBA pre-empt the Reply Form under the new Pre-Action Protocol (ie force the issue of them producing all the documents at an earlier stage than might otherwise be the case)? And is this necessarily desirable?

      Is the OP looking at this being SB in the next few weeks?
      Last edited by Still Waving; 26 November 2017, 20:57. Reason: typo.

      Comment


      • I'm back in Berlin now...! I sent a SWID this afternoon from my home post office. I'll just have to see what they send next! It'll probably be safely statute barred by February.

        Comment


        • First credit appear to be sending this letter to all their AAD customers; they must either be secure in all their paperwork or be about to get a whole lot of trouble from Jo!
          I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

          If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

          Comment


          • I think I will be trouble from Jo
            I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

            If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

            Comment


            • Originally posted by Pip View Post
              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 !

              ------ Snipped -- see post #3 for rest ------

              2014
              DEC Letter from 1st Credit Following assignment from Lloyds Bank plc, we would like to introduce 1st Credit (Finance) Ltd as the new legal owner of the outstanding debt. Please contact us to discuss repayment options.
              2015
              JAN Letter from 1st Credit If we don't hear from you, we can't help. [...] Should no contact be made with 1st Credit an escalation in collections activity may be considered. We prefer to not pursue this course of action and encourage you to engage with us to reach a resolution.
              JAN Sent CCA request to 1st Credit
              JAN Letter from 1st Credit (automated letter dated same day as they received the CCA request as per Royal Mail conf.) County Court proceedings are being considered. Regrettably, we are considering whether we should issue County Court proceedings against you. If a CCJ is registered against you, you may find it difficult to obtain credit at competitive rates. We would prefer not to pursue this course of action and encourage you to engage with us to reach an agreeable solution.
              JAN Letter from 1st Credit Thank you for your recent communication. We are aware that you have requested a copy of your original credit agreement and/or statements for the duration of your account. We will contact the original creditor. We will suspend collections activity whilst the matter is under investigation. Please be assured that 1st Credit Ltd will assist you in resolving any outstanding queries.
              JUN Letter from 1st Credit Annual statement enclosed. Should you wish to discuss this further please contact us. The details enclosed within this letter are for your information and we encourage you to take the time to read through them. // Blah convenient payment options.
              2017
              MAR Letter from 1st Credit We enclose a signed copy of your credit agreement and a true copy of your credit agreement at the time the account was opened and at the point of default and statements. Due to the the account entering into collections, it has been found necessary to supply an additional post default payment history. This is a snapshot from our system and can be found at the back of the statements. // 'True copy' - What does this mean? Please note that a copy agreement does not need to be a photocopy or exact copy of the signed credit agreement. E.g. there is no obligation to include a signature or date of signature. It is permissible in law to do this by repopulating a template with details of the agreement taken from the creditor's records. The reconstituted copy must be a 'true copy' of the information in the original agreement and must contain the terms and conditions applicable at the time the contract was executed, and at the time the account was defaulted. // Statement of account In accordance with your request, the statement of account is as follows [...]. This fulfils our obligations under Section 78 of the Consumer Credit Act 1974; we hope this satisfies your request. // Please contact us within 14 days of this letter to discuss repayment of your above-mentioned account.
              JUN Letter from 1st Credit Annual statement enclosed. Should you wish to discuss this further please contact us. The details enclosed within this letter are for your information and we encourage you to take the time to read through them. // Blah convenient payment options.
              NOV Letter from 1st Credit Save up to 80% We are committed to helping our customers and would like to offer you a discount by way of partial settlement on your account. We believe this will help you repay your debt whilst saving you money. // Pay 20% in November and we will write off the remaining 80%. Or [30% discount if paid in December and 10% discount if paid in January. // Blah "partially satisfied", zero balance, will not be pursued by us or any third party etc. // If you would like to accept this offer please contact a member of our team on 01737 111111. All offers of settlement must be received by the end of November. If you are unable to accept this offer other repayment options are available. // This offer applies on a first-come-first-served basis and may be withdrawn when redemption limits are reached.
              NOV Letter from 1st Credit Let us help // If we don't hear from you, we can't help. // We were the first in our industry to achieve the highest 3-star 'Exceptional' accolade from an independent assessment of customer survery responses carried out by 'Investor in Customers'. // From the first time we speak to you we will endeavour to review your individual circumstances and discuss details of your account in a constructive and confidential manner. // Please contact us on 01737 within 10 day to discuss the repayment options available to you based on your current financial circumstances. Alternatively, please refer to the contact methods at the top of this letter. // Should no contact be forthcoming an escalation in collections activity may be considered, which could have a detrimental impact on your credit file.
              NOV Letter from 1st Credit County Court proceedings are being considered. Regrettably, we are considering whether we should refer your account to our internal Legal Department to initiate County Court proceedings against you. In doing so the below costs could also be added to your balance: Court fees: £763.65; Solicitors Fixed Costs £100.00 // If a County Court Judgment is registered against you, you may also find it difficult to obtain credit at competitive rates. // We would prefer not to pursue this course of action and request that you contact us on 01737 within 10 days to discuss the payment options available to you.
              NOV Sent Account sold whilst in dispute letter to 1st Credit
              DEC Letter from 1st Credit There is a discount available. You can get a discount on your current balance. // Unpaid accounts may be highlighted on your credit file. If the account is registered on your credit file and you were to make a partial settlement towards your account we will update the entry to 'partially satisfied'. The balance will be updated to zero and ou will not be pursued for the remainder of the balance by 1st Credit or any other third party.
              DEC Letter from 1st Credit We are aware that you have raised a dispute/query on the above account. // What happens next // We will contact the original creditor to request any information they hold relating to a dispute in relation to this account. It may take several weeks for them to gather this information. We will suspend collections activity on this account whilst we endeavour to obtain these documents. // What you can do: Please send us any information you have in relation to your dispute/query. This can include: details of what the dispute relates to; copies of any letters from the original creditor relating to your dispute; copies of any letters to the original creditor. // Please be assured that 1st Credit will assist you in resolving any outstanding queries.
              Seems the "County Court proceedings" letter was bluster. It did sort of read like that in a TV licensing threat sort-of-way. The next on their letter machine rotation was "there is a discount available". The SWID letter has done what I hoped: keep them distracted for a while while I was away! The Germany job is finished and I'm back home so here's hoping that Lloyds will drag their heels ...

              Comment


              • Originally posted by Pip View Post
                Re: Pip's UE Diary

                Pip's account no. 6
                RBS Mint
                Start date: March 2000
                Balance as of Dec 2011: approx. £5,000
                Last "full" payment (i.e. within their stipulated minimum): Sep 2010 (approx).
                Last DMP payment via CCCS: Dec 2011
                Default notice issued Nov 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 sent to RBS
                JAN CCA received -- emailed Niddy -- Niddy says (post #92)
                JAN Sent Missing Prescribed Terms letter
                FEB Received letter from RBS: We have met our obligations under s78(1). We see no reason to enter into further correspondence about alleged CCA breaches. We do not consider this account to be in dispute. Contact CAB or similar if you continue to doubt the veracity of what we have told you about our having complied with our obligations under s78(1).

                ----Snipped, pls see post #6 for rest

                2016

                JUN Letters from RBS and Cabot in same envelope: RBS letter: We have sold your account to Cabot Financial (UK) Ltd. Cabot Financial (UK) Ltd has instructed Cabot Financial (Europe) Ltd to manage your account on its behalf. [Hmm. I wonder if this is relevant; copied it here just in case].
                Cabot letter: Your experience with Cabot will be different // Phone us in the next 7 days and our personal consultant will work with you to find a mutual solution. // Have a great day and we look forward to hearing from you very soon.
                JUN Letter from Cabot [less than a week after the last one]: We really want to help you // Your personal consultant is waiting // What could happen if you don't talk to us? -- Credit file affected // -- We may have to consider other ways to recover your debt // -- You'll receive calls and letters until you contact us // -- Outstanding amount will remain due. Have a great day ...
                JUL Letter from Cabot: What you should do now... We have explained that there are options available and we want to help you find the most suitable solution. We do need to hear from you so that we can help you take positive steps towards agreeing an affordable repayment plan and becoming free of this debt. If you're having difficulties paying it is important to tell us. // Your account may be reported on your credit file and may affect your ability to obtain credit now and in the future [Bit late for that!] When you start making payments on your account you will begin to reduce the balance shown on your credit report. // 3 simple steps: Gather details of your income and expenditure, call us on 0345, work with us to agree an affordable repayment plan. If we do not hear from you we will continue to contact you to help you resolve your outstanding balance.
                AUG Letter from Cabot: Our offer to you // We understand it can be difficult to clear your account in a short period of time ... // We believe that we understand debt and we wanted to share our thoughts with you. [??!]. We will work with you to understand your financial situation. If we can find an opportunity for you to repay this account in the short term, then we will help you make that happen. We own your account and are prepared to reduce the balance in order to help you become fee of this debt sooner. If you would like to take up our offer [they haven't mentioned any figures or offer], then call us. If this is not suitable then you need to advise us of your proposal to clear your account. This account may affect your credit rating and ability to get credit in future. Ask our team if your account is registered[??]
                SEP Letter from Cabot: Despite repeated attempts to contact you, we have been unable to gain your commitment to repay your debt. // The balance is due and we have advised you of several options that are available ... // You can manage your account by repaying an amount on a monthly basis ... // You should be aware that this account may be on your credit file as an outstanding debt ... // If you start making payments towards your account then your balance will reduce. // If we don't hear from you we will continue to contact you so that we can try and help you take steps towards being free of this debt.
                OCT Letter from Cabot: Your Next Steps ... We have tried to contact you ... Please contact us // Our aim is to help you take steps towards being free of this debt and we want to work with you to make that happen // If you give us details of any income you receive together with your bills and other priority expenditure, we will try to set up a repayment plan that suits you. We hope to hear from you soon.
                NOV Letter from Cabot: Give our Personal Payment Plans a try / So far we haven't had the opportunity to speak to you and find out what kind of plan might suit you. Which is why we have put together that we think will help you pay off your account. // Is this affordable for you? [Pay X quid a month for TEN YEARS!] Once you have cleared your account, you will receive a letter to let you know your account is closed.
                2017
                FEB Letter from Cabot: Take positive steps to repaying. You have a balance waiting to be paid. This account may be appearing on your credit file. Having a defaulted account showing on your credit file can impact your ability to get credit. You may have difficulty renting a property, getting a mortgage or taking out a phone contract. // By starting to pay back your account, the amount shown on your credit file will start to go down and can start to repair your credit file. // What you could do: pay in full; monthly repayment plan; discount. If this account does appear on your credit file we can talk to you about how each of these options would be reflected on it. Talk to us. Please contact us within the next 3 weeks; we will be trying to contact you.
                MAR Letter from Cabot: We would like to hear from you as we'd like to help you clear your account. We will tailor your repayment around your budget, so that it is fair and sustainable. // We've enclosed and income and expenditure form ... // If you would rather be free of this account quickly and could make a partial payment towards the total balance, then let us know. We can offer you a discount on your account if its [sic] affordable for you. Please contact us within the next 4 weeks to discuss your account; we will be trying to contact you.
                APR Letter from Cabot: Tell us your budget, save £50. We want to help you start positively on your journey to repaying this account. Once you start paying back your account, we will reduce your balance by £50. // All you need to do is call us and fill our a budget form, we will make sure that you can afford important things like bills, food and rent then work out what spare money you have. // We will then discuss with what [sic] you are comfortable paying from this amount and set up a repayment plan tailored to suit you. // Call us... 4 weeks to claim this offer.
                MAY Letter from Cabot: We are hoping a new approach could help you be free of this debt. You may have questions about who we are, how your account got to us, or what can be done to move forward with your account. We believe our team will be able to help. // If you contact us, our consultants can help you understand what is happening with your account and they are experts in setting up repayment plans that fit your individual circumstances. // Our goal is to understand what will work best for you and we will always ensure that what we agree is affordable for you. Talk to us.
                JUN Letter from Cabot: How we can help // We help thousands of customers set up affordable repayment plans each month and we would like to do the same for you. An illustrative example... £1000 balance, £50 disposable income a month ... pay £16.67 a month for five years // These solutions are for illustrative purposes only. Any solution we can offer you will be based on what you tell us about your financial situation and any goals you may have to repay your account. // Talk to us // We understand that every customer's situation is different and once we know more about your income and expenses, we can work with you to find the most suitable solution for you. Of course we will ensure that all of your priority bills are up to date and that any repayment plan we agree is affordable for you.
                JUL Letter from Cabot: As we have still not been successful in finding an appropriate solution, we are considering sending your account to an external debt collection company and urge you to contact us within the next fourteen days. // Is there anything else we can do to answer your questions or to help you with your account? // If your circumstances allow, we may be able to offer a discount that would allow you to be completely free of this debt. If you can't afford to do this then we can look to arrange a suitable monthly repayment plan over a longer term that suits your situation. // Please contact us as soon as possible as your account could be sent to an external debt collection company.
                JUL Letter from Cabot: Your balance is waiting to be paid. You need to repay this amount. There are different options to choose from: Pay in Full "Why should I pay in full?" You can pay off your account completely over a few months, if this account is on your credit file once we've received your final payment we'll update you credit file to 'satisfied'. // Discount offer "How much of a discount?" It will depend on how much you can afford. You can either make an offer yourself, or talk to us about your affordability first so we can offer you a discounted amount. "Can I pay this off over a few months?" Yes, if this is the right plan for you. "How will this affect my credit file?" If this account is on your credit file, we will update your credit file to show 'partially settled' with the amount set to 'nil', this will show that the amount has been paid off but with a smaller amount. // Monthly repayment plan "How much will I have to pay?" Complete a budget form and we will work out a plan based on what you have spare each month. We will never ask you to pay back more than you can afford. "How will this affect my credit file?" We'll update your credit file each month as you start paying off your account, once you've made the final payment the account will be updated to 'satisfied'. // Contact us -- call us or email us to discuss your account.
                AUG Letter from Cabot: Your balance is waiting to be paid. You need to repay this amount. Different payment options for you: Pay in full You can break this up over a few months. Monthly repayment plan Pay off your account on a monthly basis at an amount that suits your budget. Discount Get a discount on your account, and pay it off in one payment or over a few months. // Where your account is showing on your credit file, once you have paid off your account in full it will be updated as "satisfied". We will update your credit file to show any regular payments. If you get a discount on your account, your credit file will be updated to "partially settled" with balance set to "nil". Contact us to discuss your options. We will make sure any plan you agree is affordable for you.
                SEP Letter from Cabot: We would like to give you the opportunity to be free of this account, so we've come up with an alternative solution for you. We can help you be free of this debt. What you owe: £4,000 --> What you could pay: £1000 --> Amount saved: £3000. We do want what's best for you, so if you want to take us up on the offer we need to make sure that you're up to date on all your priority bills and make sure that this is affordable for you. // We could also be flexible with how you pay this amount dependant [sic] on your situation. // If this isn't an option for you we have lots of different repayment plans that you can choose from, we can tailor them to your situation. // Claim this offer, don't miss out // Call us in the next 14 days to take advantage of this offer.
                OCT Letter from Cabot: You need to repay your account with us, your balance is £XXXX. You can set up a repayment plan with us and pay off your account at a sum you can afford. // How much will I have to pay? You can work your repayment around your budget. Complete and send us the enclosed income and expenditure form. With it you can work out how much money you could spare per month on repaying your account. You can also do this over the phone. // We can discuss with you what amount you would feel comfortable paying, as we understand there are other things that need to come first. // If you would rather be free of this account quickly and could make a lump sum payment towards the total balance, then let us know. We can offer you a discount on your account if it's affordable for you; this will appear as a partial settlement on your credit file where it is showing, with the balance being shown as 'nil'. Talk to us Call us on xxx to discuss your options. Our Customer Consultants can answer any questions you might have and offer you guidance. We will be trying to contact you; so please get in touch soon.
                NOV Letter from Cabot: Save £x,xxxx.xx on your account. We would like you to be free of this account with us, so we want to offer you a 25% discount! If you pay this amount you will be completely free of this debt. // Pay £xxxx to close this account with us. You can either do this in one lump sum or over several months depending on what's affordable for you. // If you choose to take us up on this offer, where your account is showing on your credit file, when you make this final payment we will update your record as 'Partially Settled', with a 'nil' balance outstanding. This will indicate the amount has been cleared but with a lesser amount than the balance. Call us and talk to one of our Customer Consultants about this offer. If a discount is not affordable for you at this time, they can help you set up a monthly repayment plan. // Contact us within the next 4 weeks to take advantage of this offer; we will try to contact you so you don't miss out.
                DEC Letter from RBS Mint: Important information about ring-fencing. The MINT card you use is provided by The Royal Bank of Scotland ("RBS plc"). We need to let you know about some changes we're making to the way our business in structured. // Your banking business will transfer to Adam & Company plc which will then be renamed The Royal Bank of Scotland plc at the time the Ring-fencing Transfer Scheme (RFTS) takes effect. As a result of the RFTS, you'll see a change of our Companies House and Financial Services Register details on the communications and documents you receive from us. Your banking relationship will stay the same. etc.
                DEC Letter from Cabot: Next steps // We have tried to contact you on a number of occasions so that we can understand your financial situation and discuss a payment plan that is affordable and fair. Because we have been unable to contact you, we are now going to instruct a company called Resolvecall to visit you at your home so that they can put you back in touch with us. If you would prefer to speak to us directly then please call us within the next 7 days. If you need financial help then we can point you towards organisations that provide free independent financial advice.
                Hmm. RBS seem to have forgotten that they sold the account on. Meanwhile, I have made no contact with Cabot whatsoever since they started writing to me a year and a half ago. I don't believe I've ever had a doorstep visit despite plenty of letters about the possibility over the years. A visit of course doesn't worry me, and I'm wondering whether it's worth breaking my silence with Cabot over this, as in to send a Do Not Visit letter? The rest of the their letter is kid-gloves stuff and I think I can safely consider all my accounts to be SB by the end of Feb (I started on the AAD UE path at the start of January 2012). My instinct at this stage would be not to bother writing anything until perhaps the doorstep visit actually happens (or not)...

                Comment


                • Originally posted by Pip View Post
                  Hmm. RBS seem to have forgotten that they sold the account on. Meanwhile, I have made no contact with Cabot whatsoever since they started writing to me a year and a half ago. I don't believe I've ever had a doorstep visit despite plenty of letters about the possibility over the years. A visit of course doesn't worry me, and I'm wondering whether it's worth breaking my silence with Cabot over this, as in to send a Do Not Visit letter? The rest of the their letter is kid-gloves stuff and I think I can safely consider all my accounts to be SB by the end of Feb (I started on the AAD UE path at the start of January 2012). My instinct at this stage would be not to bother writing anything until perhaps the doorstep visit actually happens (or not)...
                  Someone else on the site has just had that Cabot letter. Like you, I have not yet responded to Cabot's letters, and it seems likely that I shall be receiving the same letter. Looks like Resolvecall are going to be very busy clocking up mileage expenses.

                  Comment


                  • I think considering how close this is to SB that I would ignore it and risk someone turning up as it will take a while for them to get round to visiting, longer to report back, longer still for Cabot to decide what letter to send next - and of course IF they did turn up you can tell them to remove themselves from your property and close the door on them. Hopefully by the time it all plays out you will be safely in SB land
                    When you have nothing you have nothing to lose

                    Comment


                    • Hello Pip,

                      I have received the same letters as you. I am about 12 months behind you for SB. I will not be responding to them and if Resolvecall visit I will ask them politely to leave.

                      Comment


                      • Originally posted by Westham1 View Post
                        Hello Pip,

                        I have received the same letters as you. I am about 12 months behind you for SB. I will not be responding to them and if Resolvecall visit I will ask them politely to leave.
                        Exactly the same for me,WH1.

                        I would certainly not make any contact with them Pip.

                        I have had 1 doorstep visit from a different DC during my whole journey. I did not confirm my name, I simply asked if they had an appointment to see 'whoever', then sternly suggested they go away and make one. The caller looked quite put-out as she left without another word. And the icing on the cake is that I have since heard less from this DC than any other.

                        Comment


                        • Great -- thanks everyone! It's amazing how Cabot's letters have remained so softly worded after all this time ... although you never know, maybe it gets them better results in the long term (with non-AAD members, at any rate!)

                          Comment


                          • HiPip, I received a visit from Resolvecall today. Have they been to your house yet? You're in a better position than me as I still have another 13 months toSB

                            Comment


                            • Originally posted by Pip View Post
                              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

                              ----- Snipped -- see post #2 for rest


                              2012 = now following AAD guidance
                              JAN CCA request letter sent direct to Halifax (Royal Mail delivery conf. printed)
                              JAN From Moorcroft: Missed call (early morning weekend) and text from Moorcroft: 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.

                              ----- Snipped -- see post #2 for rest

                              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.

                              ----- Snipped -- see post #2 for rest

                              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]

                              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".
                              APR Sent CCA request to Capquest
                              APR Response from CapQuest: Letter containing signed application form and original terms (no "current" terms included). Also bunch of statements (weirdly formatted) and going back way before default. Covering letter states "Please call us to discuss payment options on this account".
                              MAY "LETTER OF CLAIM under the Practice Direction- Pre Action Conduct" from CapQuest: As a result of your failure to respond we must now consider your account for legal action. Your a/c is being passed through our pre-action validation and checks (e.g. residential/employment status). // Any claim will be issued in the name of CapQuest Investments Ltd and will be for the unpaid balance. We are not aware of any dispute relating to the account but are willing to discuss with you any issues relating to our claim and to seek to resolve them through alternative dispute resolution methods. Our preferred method is a without prejudice discussion with you or your advisers. We refer you to the Practice Direction - Pre Action Conduct which provides that parties should exchange information before starting proceedings. Para 4 allows the court to impose sanctions on a party who does not comply with its requirements. // You can avoid the possibility of a claim being issued by phoning our team of negotiators on .... to discuss payment options or by letter setting out your payment proposals. You do not have to pay the full balance immediately. // We will allow you a further 14 days to contact us. If you do nothing we will complete our pre-action checks which may result in your account being sent to our solicitors for a claim to be issued in the County Court.
                              MAY Sent Formal Letter Before Action Response to Capquest
                              JUL Received from Capquest: We've received your correspondence. Lloyds Banking Group have advised us that the default notice was issued in April 2011. A copy of this notice is no longer available.
                              2017
                              JAN Letter from CapQuest: We are contacting you to make you aware of a discount option now available to you. We are prepared to offer a settlement figure which would reduce your remaining balance and could represent a significant saving for you. [...] Even if the offer of a settlement does not currently suit your circumstances, it is important you still contact us to arrange an affordable monthly repayment plan.
                              2018
                              MAR Letter from CapQuest: Settlement Opportunity. We'd like to give you the option to settle your £7,000 balance for £4,200. [...] Payment can be made any time until end of April. [...] If this offer is not suitable, we can work with you to set up a repayment plan tailored to your current financial circumstances. We look forward to hearing from you.
                              First I've heard from them in 14 months. A generous offer. Yeah, I really feel like shoving four grand down the nearest drain.
                              I believe this account (along with all my others) is statute barred now! But from what I understand from a thread I started a year and a bit ago (which I think I'll resurrect), it's best not to gloat or to leap into informing them about the SB unless things get threatening. So of course this friendly letter will go unanswered!

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                              • Originally posted by Pip View Post

                                I believe this account (along with all my others) is statute barred now! But from what I understand from a thread I started a year and a bit ago (which I think I'll resurrect), it's best not to gloat or to leap into informing them about the SB unless things get threatening. So of course this friendly letter will go unanswered!

                                That letter doesn’t say what they will do if you don’t accept their offer by the end of April so not answering is your next move.

                                I also agree that it’s best not to gloat about the debt being Statute Barred because that may only trigger a court claim that you’ll have to defend which can be stressful however confident you are about the SB status.

                                It’s okay to feel smug though

                                Di




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