Re: Pip's UE Diary
And another out-of-the-blue one from Credit Solutions:
Originally posted by Pip
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(Please see here for my introduction thread. Thanks!)
Pip's account no. 1
Capital One
Start date: Feb 2005
Balance as of Dec 2011: approx. £4,000
Last "full" payment (i.e. within their stipulated minimum): Sep 2010 (approx).
Last DMP payment via CCCS: Dec 2011
Default notice issued Sep 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 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.
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.
FEB Letter from Fredrickson International: Demand for payment on behalf of "our client"; "We are the agent/contact us, not Capital One"
FEB Letter from Fredrickson: LETTER BEFORE ACTION -- Must be paid in full within 7 days otherwise we will take immediate action // blah list of court/solicitor fees // bailiff or sheriff office may be instructed if x, y, and z // payment accepted by x, y and CREDIT CARD ...
FEB Sent Threat-o-Gram Letter Before Action
FEB Letter from Fredrickson: We are unable to provide the documents you have requested. If you require documentation you can request this direct from our Client. // We are instructed to act as agents for our client; all our actions are lawful and on the instructions of our client. // We have removed your phone number from our system and any further correspondence shall be in writing. // We have placed your account on hold for 30 days and look forward to hearing from you with your payment proposals.
MAR Letter from Fredrickson: We have taken our client's instructions relating to your letter // They advise that they complied with your request for docs under CCA 1974 on xx Jan and provided their final response on yy Jan confirming that this request was complied with. // We have placed your account on hold for seven days and look forward to hearing from you with payment proposals.
AUG Letter from Credit Solutions: FORMAL DEMAND // Capital One has informed us that debt remains unpaid and you have not complied with the Default Notice that was recently issued [nearly two years ago] We have been instructed to collect the outstanding balance in full which is due immediately. // Failure to pay your outstanding balance may result in one of the following: (1) our client sharing info with UK CREDIT REFERENCE AGENCIES [quaking in my boots]; (2) Your account may be referred to a 'DOORSTEP COLLECTOR' to evaluate and discuss your circumstances and collect payment. // PLEASE GIVE THIS MATTER YOUR IMMEDIATE ATTENTION. // To avoid any of the above action you need to pay the outstanding balance by return, or alternatively you must telephone us to discuss arrangements for repayment. Failure to make payment or contact us will result in further action.
AUG Sent Threat of doorstep visit letter to Credit Solutions
AUG Sent Account Sold in Dispute (and telephone harassment) letter to Credit Solutions
AUG Postcard (sent by bulk mail) sent from Power 2 Connect Ltd: I CONFIRM THAT I WILL BE CALLING TO DISCUSS THE RECENT COMMUNICATION FROM CSL ON WEDNESDAY BETWEEN 9AM AND 9PM
AUG Letter from Credit Solutions: OPPORTUNITY TO SAVE 50% -- Following a recent review of your account, we are pleased to advise that our client is prepared to accept a 50% discount on your account and will not pursue the balance further. etc etc.
AUG Sent Threat of doorstep visit letter to Credit Solutions
AUG Sent Threat of doorstep visit letter to Power 2 Contact
SEP Letter from Power 2 Contact (in a silly tear-off envelope like the ones that PIN numbers come in): We have been instructed by our client to VISIT YOUR ADDRESS TO COLLECT THE ABOVE DEBT. // You have made this action necessary as you have ignored all their requests to contact them [no I haven't] and you have failed to pay your account. Our visits take place 9am-8pm Mon-Fri, 9am-12pm Sat. // Should you wish to avoid this course of action, you must contact our instructing agent WITHIN 72 HOURS of receipt of this notice. // Failure to comply with this request may lead to the above action without further warning or notice.
OCT Letter from Credit Solutions: Our trace investigations show that you reside at the above address. We have made every possible attempt to contact you in order to settle this account voluntarily. If you ignore this letter further collection activity will continue and may lead to your account being referred for legal action. ACT NOW TO AVOID FURTHER UNNECESSARY COST. You must contact us IMMEDIATLEY [sic] to prevent further action being taken on your account.
OCT Sent Final Response - Unenforceability (CCA Received) letter
OCT Letter from Credit Solutions: In your letter you state your account is in dispute as they failed to comply with your CCA request. // To raise your dispute with our client we require more information regarding your request. We need to clarify the following: • Whether you have or have NOT received any documentation from the client since your request was sent; • Whether you have paid the £1 (your request would not have been processed if this fee was not paid). // If you have received a copy of your Terms & Conditions since sending your request to our client, then please note sending this documentation fulfills [sic] our client's obligation to provide you with copy of agreements/applications under the CCA 1974. // I can confirm that the Cons. Credit Act states that a copy contract can exclude certain features, i.e. [sic] a signatory box see below [sic]. (They give a long paragraph of what sounds like internal instructions on how to mock up an agreement, ending with: "If you can "construct" [their quotation marks] the rest of the information and provide this to the customer you will have complied with section 77(1)".) // If you have not received any docs from our client, please let us know within a week of receiving this letter and we will raise this dispute with our client. In the meantime, your a/c will be placed on hold. However, if we do not receive a response from you in this timeframe, your account will be taken off hold and collection activity will continue.
OCT Letter from Power 2 Contact (in a silly tear-off envelope like the ones that PIN numbers come in): We have been instructed by our client to VISIT YOUR ADDRESS TO COLLECT THE ABOVE DEBT. // You have made this action necessary as you have ignored all their requests to contact them [no I haven't] and you have failed to pay your account. Our visits take place 9am-8pm Mon-Fri, 9am-12pm Sat. // Should you wish to avoid this course of action, you must contact our instructing agent WITHIN 72 HOURS of receipt of this notice. // Failure to comply with this request may lead to the above action without further warning or notice.
Pip's account no. 1
Capital One
Start date: Feb 2005
Balance as of Dec 2011: approx. £4,000
Last "full" payment (i.e. within their stipulated minimum): Sep 2010 (approx).
Last DMP payment via CCCS: Dec 2011
Default notice issued Sep 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 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.
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.
FEB Letter from Fredrickson International: Demand for payment on behalf of "our client"; "We are the agent/contact us, not Capital One"
FEB Letter from Fredrickson: LETTER BEFORE ACTION -- Must be paid in full within 7 days otherwise we will take immediate action // blah list of court/solicitor fees // bailiff or sheriff office may be instructed if x, y, and z // payment accepted by x, y and CREDIT CARD ...
FEB Sent Threat-o-Gram Letter Before Action
FEB Letter from Fredrickson: We are unable to provide the documents you have requested. If you require documentation you can request this direct from our Client. // We are instructed to act as agents for our client; all our actions are lawful and on the instructions of our client. // We have removed your phone number from our system and any further correspondence shall be in writing. // We have placed your account on hold for 30 days and look forward to hearing from you with your payment proposals.
MAR Letter from Fredrickson: We have taken our client's instructions relating to your letter // They advise that they complied with your request for docs under CCA 1974 on xx Jan and provided their final response on yy Jan confirming that this request was complied with. // We have placed your account on hold for seven days and look forward to hearing from you with payment proposals.
AUG Letter from Credit Solutions: FORMAL DEMAND // Capital One has informed us that debt remains unpaid and you have not complied with the Default Notice that was recently issued [nearly two years ago] We have been instructed to collect the outstanding balance in full which is due immediately. // Failure to pay your outstanding balance may result in one of the following: (1) our client sharing info with UK CREDIT REFERENCE AGENCIES [quaking in my boots]; (2) Your account may be referred to a 'DOORSTEP COLLECTOR' to evaluate and discuss your circumstances and collect payment. // PLEASE GIVE THIS MATTER YOUR IMMEDIATE ATTENTION. // To avoid any of the above action you need to pay the outstanding balance by return, or alternatively you must telephone us to discuss arrangements for repayment. Failure to make payment or contact us will result in further action.
AUG Sent Threat of doorstep visit letter to Credit Solutions
AUG Sent Account Sold in Dispute (and telephone harassment) letter to Credit Solutions
AUG Postcard (sent by bulk mail) sent from Power 2 Connect Ltd: I CONFIRM THAT I WILL BE CALLING TO DISCUSS THE RECENT COMMUNICATION FROM CSL ON WEDNESDAY BETWEEN 9AM AND 9PM
AUG Letter from Credit Solutions: OPPORTUNITY TO SAVE 50% -- Following a recent review of your account, we are pleased to advise that our client is prepared to accept a 50% discount on your account and will not pursue the balance further. etc etc.
AUG Sent Threat of doorstep visit letter to Credit Solutions
AUG Sent Threat of doorstep visit letter to Power 2 Contact
SEP Letter from Power 2 Contact (in a silly tear-off envelope like the ones that PIN numbers come in): We have been instructed by our client to VISIT YOUR ADDRESS TO COLLECT THE ABOVE DEBT. // You have made this action necessary as you have ignored all their requests to contact them [no I haven't] and you have failed to pay your account. Our visits take place 9am-8pm Mon-Fri, 9am-12pm Sat. // Should you wish to avoid this course of action, you must contact our instructing agent WITHIN 72 HOURS of receipt of this notice. // Failure to comply with this request may lead to the above action without further warning or notice.
OCT Letter from Credit Solutions: Our trace investigations show that you reside at the above address. We have made every possible attempt to contact you in order to settle this account voluntarily. If you ignore this letter further collection activity will continue and may lead to your account being referred for legal action. ACT NOW TO AVOID FURTHER UNNECESSARY COST. You must contact us IMMEDIATLEY [sic] to prevent further action being taken on your account.
OCT Sent Final Response - Unenforceability (CCA Received) letter
OCT Letter from Credit Solutions: In your letter you state your account is in dispute as they failed to comply with your CCA request. // To raise your dispute with our client we require more information regarding your request. We need to clarify the following: • Whether you have or have NOT received any documentation from the client since your request was sent; • Whether you have paid the £1 (your request would not have been processed if this fee was not paid). // If you have received a copy of your Terms & Conditions since sending your request to our client, then please note sending this documentation fulfills [sic] our client's obligation to provide you with copy of agreements/applications under the CCA 1974. // I can confirm that the Cons. Credit Act states that a copy contract can exclude certain features, i.e. [sic] a signatory box see below [sic]. (They give a long paragraph of what sounds like internal instructions on how to mock up an agreement, ending with: "If you can "construct" [their quotation marks] the rest of the information and provide this to the customer you will have complied with section 77(1)".) // If you have not received any docs from our client, please let us know within a week of receiving this letter and we will raise this dispute with our client. In the meantime, your a/c will be placed on hold. However, if we do not receive a response from you in this timeframe, your account will be taken off hold and collection activity will continue.
OCT Letter from Power 2 Contact (in a silly tear-off envelope like the ones that PIN numbers come in): We have been instructed by our client to VISIT YOUR ADDRESS TO COLLECT THE ABOVE DEBT. // You have made this action necessary as you have ignored all their requests to contact them [no I haven't] and you have failed to pay your account. Our visits take place 9am-8pm Mon-Fri, 9am-12pm Sat. // Should you wish to avoid this course of action, you must contact our instructing agent WITHIN 72 HOURS of receipt of this notice. // Failure to comply with this request may lead to the above action without further warning or notice.
2013
JAN Letter from Credit Solutions: We are pleased to advise that our client is prepared to accept a 50% discount on your account and we will not pursue the balance further. // Should you wish to take advantage of this generous offer, please call us immediately to make arrangements for payment. // Your account will be closed once your payment is cleared. Your credit file will show balance as satisfied with a special flag of partial settlement.
Cheers, but I don't think I'll bother!
JAN Letter from Credit Solutions: We are pleased to advise that our client is prepared to accept a 50% discount on your account and we will not pursue the balance further. // Should you wish to take advantage of this generous offer, please call us immediately to make arrangements for payment. // Your account will be closed once your payment is cleared. Your credit file will show balance as satisfied with a special flag of partial settlement.
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