Pip's UE Diary

[Pip]

Re: Pip's UE Diary

Try this along with the doorstep one ....CCA Query - Letter Previously Confirming No CCA .........

Thanks I2D!

I've just today started getting texts and phone calls from Frederickson's. I don't know which account they're phoning in relation to. I suppose I'll never know as I don't intend to speak to them!

[PlanB]

Re: Pip's UE Diary

Thanks I2D!

I've just today started getting texts and phone calls from Frederickson's. I don't know which account they're phoning in relation to. I suppose I'll never know as I don't intend to speak to them!

Maybe they're phoning to say they've found that poor lost cat Missy ?

[Pip]

Re: Pip's UE Diary

Maybe they're phoning to say they've found that poor lost cat Missy ?

[IMGL]http://www.27bslash6.com/images/missing_missy7.jpg[/IMGL]Thanks for the reminder! There's loads more of them that I still have to read ..!
www.27bslash6.com

[PlanB]

Re: Pip's UE Diary

Thank you so much for posting up that picture.

It gives me hope that Missy will be found one day soon

[Pip]

Re: Pip's UE Diary

Pip's account no. 1
Capital One

2012
Jan CCA request sent to Capital One (Royal Mail delivery conf. printed)
Jan CCA received -- emailed Niddy -- Niddy says
Jan Sent Missing Prescribed Terms letter
Jan Letter from Capital One: IT IS IMPORTANT THAT YOU READ AND RESPOND TO THIS LETTER.
We have not received agreed DMP payment. You may need to contact organisation administering DMP to ensure payment has been sent. If we do not receive payment we may pass account to a debt collection agency to recover full outstanding balance or may choose to sell the account to a debt purchaser. If DMP organisation are no longer acting on your behalf you need to contact us to discuss other options to repay the outstanding balance.

Got another letter ...

Feb Epic four-page letter from Capital One: You have failed to state why you allege the Agreement is improperly executed // [Carey and McGuffick citations] // Your account is fully enforceable // This is my final response in relation to this matter // If proceedings were commenced by you [yeah, as if!] on the basis there is no valid agreement we would strongly defend this. // Account remains defaulted and balance remains fully due and owing // Among other things, McGuffick established that a creditor's threatening legal action and bringing legal proceedings do not amount to enforcement.

This is the second or third "We don't agree that it's unenforceable and we won't discuss it further" letter I've had from original creditors. Wondering whether or not this sort of letter requires a response ... I'd rather the OCs would just package me off to DCAs!

[Pip]

Re: Pip's UE Diary

Pip's account no. 1
Capital One

2012
JAN CCA received -- emailed Niddy -- Niddy says
JAN Sent Missing Prescribed Terms letter
JAN Letter from Capital One: IT IS IMPORTANT THAT YOU READ AND RESPOND TO THIS LETTER.
We have not received agreed DMP payment. You may need to contact organisation administering DMP to ensure payment has been sent. If we do not receive payment we may pass account to a debt collection agency to recover full outstanding balance or may choose to sell the account to a debt purchaser. If DMP organisation are no longer acting on your behalf you need to contact us to discuss other options to repay the outstanding balance.
FEB Epic four-page letter from Capital One: You have failed to state why you allege the Agreement is improperly executed // [Carey and McGuffick citations] // Your account is fully enforceable // This is my final response in relation to this matter // If proceedings were commenced by you [yeah, as if!] on the basis there is no valid agreement we would strongly defend this. // Account remains defaulted and balance remains fully due and owing. // Among other things, McGuffick established that a creditor's threatening legal action and bringing legal proceedings do not amount to enforcement.

I've now received this:

FEB Letter from Fredrickson International: Demand for payment on behalf of "our client"; "We are the agent/contact us, not Capital One"

Nice of Fredrickson to introduce themselves formally, if aggressively, by letter after their six phone calls/text messages over the past few days. Lots of block capitals, bold and underlining. No red text yet though ...

Not sure which letter to respond with as they "have been appointed as Capital One's agents" and haven't bought the debt as such (if this makes a difference)?

Many thanks as ever for the wonderful and much appreciated advice!

P.S. I must remember to add a paragraph about "do not phone -- in writing only" to any response letter!

[Deepie]

Re: Pip's UE Diary

I've now received this:

FEB Letter from Fredrickson International: Demand for payment on behalf of "our client"; "We are the agent/contact us, not Capital One"

Nice of Fredrickson to introduce themselves formally, if aggressively, by letter after their six phone calls/text messages over the past few days. Lots of block capitals, bold and underlining. No red text yet though ...

Not sure which letter to respond with as they "have been appointed as Capital One's agents" and haven't bought the debt as such (if this makes a difference)?

Many thanks as ever for the wonderful and much appreciated advice!

P.S. I must remember to add a paragraph about "do not phone -- in writing only" to any response letter!

I Would just ignore for now.....see what they do next....

[Pixie]

Re: Pip's UE Diary

I'd rather the OCs would just package me off to DCAs![/FONT]

They will soon enough...and then another dca...then another...

[Pip]

Re: Pip's UE Diary

I Would just ignore for now.....see what they do next....

Thanks i2d -- will do! They did say in bold caps "do not ignore", but then as they haven't bought the debt, I understand that means they've got no legal authority whatsoever ..?

[CleverClogs (RIP)]

Re: Pip's UE Diary

Thanks i2d -- will do! They did say in bold caps "do not ignore", but then as they haven't bought the debt, I understand that means they've got no legal authority whatsoever ..?

They have legal authority to ask you to pay and to receive your payment(s) when you decide that they are really nice, kind, Christian gents who only want to help you or when hell glaciates.

They do not have the legal authority to commence litigation which, as the agreement is faulty, would probably be a waste of money for the claimant.

[Pip]

Re: Pip's UE Diary

FEB Letter from Fredrickson International: Demand for payment on behalf of "our client"; "We are the agent/contact us, not Capital One"

I can't wait for them to send something worth replying to as I'm getting sick of their calls and text messages -- collectively 14 in less than a week (I'm keeping a separate log of them). I'll put the "DO NOT PHONE" harassment letter in with whatever I respond to them with.

These diaries though, as ever, are such a fantastic resource -- having read through different people's experiences with Fredrickson's, they seem all bark and no bite. Like the smallest, yet most incessantly yappy and irritating little dog (a bit like one that was in the same pub as me last night)!

[Pip]

Re: Pip's UE Diary

Pip

You do know about this number don't you?

Free Number to Issue Creditors - allaboutFORUMS

Yes, thanks -- not sure how I would inform e.g. Fredricksons of it though (as if I answered the phone they would know they have the right number, and I'm waiting until their next written communication before contacting them), and I doubt they would stop phoning the current number(s) they have for me ...

[CleverClogs (RIP)]

Re: Pip's UE Diary

MBNA used to ring me all the time in the beginning, I usually didn't answer but when I did I pretended not to speak English! "Que? Me from Barcelona" sort of reply then the phone went down!

You could just say "very very sorry he no live here"

Rather than playing them Zambezi?

[Never-In-Doubt]

Re: Pip's UE Diary

Then niddy rewrote the template incorporating it:---> allaboutFORUMS - View Single Post - Pookies UE Diary

[Pip]

Re: Pip's UE Diary

Pip's account no. 2
Halifax
[...]
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

Got this lovely specimen today!

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.

Niddy's templates have this amazing effect! That's the most pussyfooting and nigh-on grovelling letter I've ever received from a DCA! Amazing contrast to the tone of the threat-o-grams! First time I ever got a warm glow from a Moorcroft letter!