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Everett

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Everett last won the day on November 2 2016

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About Everett

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  1. after nearly six months of orginally requesting the CCA for a CC debt , Capquest replied by sending a reconstituted terms and conditions 4 page document. On the top it has the account holders name and address . Apart from that ...nothing . No application form, nothing with any signatures on it or any statement of account, indeed i feel that it may even be a fraudulent attempt by Capquest to trick me into paying them. Can I safely ignore this and does it comply with their obligation under the consumer credit act ?
  2. You make a good point fletch70. I was told some time ago that if a creditor or a DCA decided to pursue you through the courts their defence would be " if you disagree you owe the money why have you been paying it ?" This is particularly valid in my case as I have been on a DMP for the past ten years. But for me I am not trying to avoid my debts, I have just seen over the past ten years what a parasitic , vile and despicable industry debt collection is and I no longer want to play ball with them. Sigman. Debt is from 2003. They have sent me a copy of the loan application and statement of payments for one year only 2007-2008 and a signed direct debit mandate. I would say they have not complied with what is required by law of them.
  3. I sent a CCA request to Capquest this was passed to NCO However a reply has come back from Arrow Global and I am responding with a Dispute letter,but they have not put a return address on the letter ( only their registered office in the small print at the bottom ). In this letter they state that " The account is being operated on our behalf by NCO Europe ltd. We will only deal with this document request only and all other enquiries should be directed to them " So who do I send the dispute letter to and to where ?
  4. Thanks for that Andy, its as much as I thought.
  5. So if Moorcroft are acting as collecting agents for Nationwide and administering the debt on their behalf, they should have sent the request to Nationwide ? Thats how I read a simple duty of assignment ? Two letters from Moorcroft have asked for my patience whilst they obtain the documentation from Nationwide. From the letter today it is quite clear that they have been able to do this and have washed their hands.
  6. Four months after having sent Moorcroft a CCA request and having them acknowledge the request, they have today closed the account , sent me a cheque for £1 and returned the now disputed account back to Nationwide. I presume I now await Nationwide to either contact me directly or to assign or sell the debt to another DCA. I also refer to this line on the CCA request letter... " If it is your view that you are not the creditor, s.175 of the CCA 1974 applies in the case of a simple assignment, and places a duty upon you to pass this request to the creditor" However this has come about after Moorcroft began playing Billy Suggers so I sent them a letter putting the account into dispute. Should Nationwide abide by this or have Moorcroft a right to wash their hands ? Also the dispute clearly states that the disputed debt cannot be collected, enforced or passed to any third party ? So if another DCA takes it over are Moorcroft and Nationwide breaking the law ? Please also note that no CCA has been produced.
  7. its now coming up to nearly four months since I sent out CCA requests to my creditors, all but one have replied and two sent legit agreements. However one of my larger debts is managed by Arrow Global ( ex Egg Loan ) last week they sent their so called CCA. It was 1: A signed application form / 2: A signed Direct Debit Mandate / 3: A statement of payments to date. But NO terms and condition relating to the agreement. They say this fulfils their obligation under the Consumer Credit Act and now look forward to my proposal for payments. Is this null & void and should I send a reply ?
  8. One of my creditors Capquest, responded to my CCA request and said they were contacting the original creditor and would forward the documents as soon as they received them ( that was over two months ago ) In the meantime I have received a letter from NCO Resolve saying they are now collecting the debt on behalf of Capquest ( shows its all one big corrupt cabal ! ) my question is, seeing that Capquest have acknowledged my CCA request but have not furnished me with the documents within the prescribed time limit, is this legal ? As I thought the debt becomes in default and in dispute and cannot be administered in anyway whilst it is classed as being in dispute ?
  9. Youve hit the nail on the head. Pooling agents for the DC industry.
  10. I asked my stepchange advisor yesterday how they were funded after she told me every single penny they send to my creditors comes off my debt. She said they get paid a percentage on everything they collect.
  11. Its worth noting that so called "charities " such as Stepchange cover their overheads by getting paid a percentage of what they collect. Its in their interest to get as much out of you as possible, they are simply agents of the whole sordid debt collection industry with a nice glossy front to entice you in. My advice to anyone thinking of using a DMP company is dont ! Do it yourself, I wish I had and have learnt the hard way.
  12. Disagreement over I&E that's all. I want a bit of a life, they say they are governed by constraints and protocol and if I want to be with them then I must agree to their terms and conditions and must abide by their formulas ( or what the banks say I need to live on ) let me tell you its no life of luxury, they want every last drop of spare cash from you and are very clever in their calculations to do so. By doing this they claim its to help me clear my debts and regain a life, but I haven't applied for, or taken out any form of credit in over ten years bar my sim only contract and my broadband. Ironically my credit score is 997, just goes to show how bent and corrupt it all is. I want to pay them what I can afford to pay them not what some heavily one sided formula says.
  13. Cheers chaps. ATM it looks like I should only continue to pay NCO /AMEX . I am Stopping my Step Change DMP. As for Westcots they only took over from RBS Cards around three months ago, up to then RBS were paid directly and my payments did show on all monthly statements. As I stated in another thread the only reason I am at this conjecture is because of Step Change threatening to close my plan with them.
  14. Robinson Way were sent three of these requests. They have now replied to just one of them saying due to the age of the debt they cannot supply an agreement but I should continue to make payments through my DMP. They have not even acknowledge the other two ? This one they have acknowledge is the debt with the lowest value, i'm just wondering if they are playing a game of poker with me ? Still to date only the one agreement has been returned NCO (AMEX ) ironically they have also just written to me offering a 40% discount if I am in the position to clear the debt ! Westcot have also written to me twice ( natwest CC ) once to say that any CCA requests have to be sent to the creditor directly and have returned my PO. And a second to say they are concerned that I have not cooperated with Step Change and I must do so at once ! Obviously Step Change sending out such letters. Step Change have also extended my deadline for closing my DMP by one month. BTW these are all CC cards ,Loans and store cards. I think it is time to close my Step Change DMP and go it alone.
  15. On the 20th September I posted off nine CCA requests all by signed for post. Of these only one company NCO (Amex ) have sent a copy of the CCA which I posted up under the AMEX sub forum. Two have replied and said they have asked the original creditors to supply the CCA and one has returned my request and postal order and asked me to write to the creditor directly. So five have not responded at all, what is my next move ? Is there a template letter I can send ? Mine is outdated as it has a reference to the defunct OFT. Thanks Everett.
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