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walkingsticks

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  1. dx100uk - Have I misinterpreted BankFodder's post re I entered into an agreement to pay £1 a month etc? The silly letter is the one that I can send apparently to stop Capquest from constantly ringing me? I do understand that the action I take depends on whether Sainsburys turn up legally enforceable paperwork, which, if and when that happens, I will refer back to you guys for advice. Thanks again for all your help on here, you are invaluable.
  2. Okay I will wait until end of February to see what they come back with then I will seek advice from you guys. Capquest have been ringing me, texting me, so now I know I can send them a letter to tell them to stop contacting me by phone, that's helpful. Even if I have to pay them £1 a month for ever I don't care, so long as they stop harassing me by phone, I can cope with the letters. It will cost them more in the admin costs than they will ever receive in payment. Thanks, as always, for your advice, much appreciated.
  3. Had Sainsburys Loan/card taken out 2004, with a top up on the loan in 2007. Advice from CAB in 2010 was to pay £1 a month as lost job and unable to continue making payments. Been paying that amount every since on both loan and credit card. Debt sold to Arrowe 2011 (I have copy of Assignment letters). Capquest harassing me since 2015 on behalf of Arrowe. Have received many letters from Capquest offering me a reduced amount to clear the debt (on both loan and credit card. Loan was £12k, credit card 800). I wrote 22/1/2020 to Capquest for copy of CCA as had enough of harassment. They wrote back on 29/1/2020 to say they contacting Sainsburys for further information and my account on hold until end Feb whilst they do so. Had further letter from Arrowe on 10/02/2020 saying they do not accept that they are the creditor under the Consumer Credit Act 1974 and would contact Sainsburys for this information. Advice please - what happens next? I have read differing accounts on here of what has happened with others with old Sainsburys debts. If they manage to produce a loan agreement where do I go from there, as I am disabled and on benefits and cant afford to pay a settlement? I doubt they will be able to produce a Credit Card agreement because I never signed one.
  4. Just double checked my bank statements, no payments were made to this account from June 2012, payment to Egg bounced back. Have letter from bank to say this. Never set up a payment to pay Barclays. So its quite interesting the information supplied by the DCA contains a supposed statement from Barclays to say I made a payment to them in October 2011... Never had any contact with Barclays, it would have been Egg but the "copy statement" says it relates to Barclays. That's fraud. Will send the Statue Barred letter and see what they do. If they had of replied to the PAP in good time (last December) I would have been worried because they would have still had time to pursue the debt. Hopefully this will be the end of the matter..
  5. There is a lot of dis-information out there you know! I trust this site its just I cant believe that these jokers contacted me 10 months after the original PAP form they sent me expecting me to comply! The information they have sent me is a joke, could be from anywhere! On that it says I made a payment in December 2011 to Barclays Bank in the sum of £1 (I never made any payments to Barclays so this information is fraudulent!) AND still no CCA which is probably why they haven't taken me to court because they know they cant enforce the debt. I will send them the Statue Barred letter and see what they do. They will probably reply back to me, NEXT YEAR (perhaps they need money for their Christmas Do? - wish I knew where it was, I'd poison the beggers!)
  6. Bit worried about that because I have read if you do that and they find a way of saying you have paid towards the debt then the debt is no longer statue barred as you have admitted to it? I know I haven't made any payments towards it but I don't trust this lot.
  7. These jokers have just sent a response to my reply to the PAP form they sent me in December 2017 to which I replied back in December 2017 within the 30 days time scale. I asked them for a copy of the original CCA form (written, signed), along with complete set of statements, Notice of Assignment, Default Notice. What they have sent is a print out of what looks like my original internet application and a copy of a bank statement supposedly from Barclays detailing the debt and the charges, and Letter of Assignment of Debt dated August 2018. No written, signed CCA I take it a print out of an internet application is not the same as a CCA? This debt was from 2004. No payments made to it since June 2012 (I have evidence of this) and NEVER to Barclays who bought the debt. It appears that they are trying to continue with the PAP process in December 2017 as they have said they have responded to my request for the documentation (CCA, statement of the account etc) and now want me to fill in the financial statement and confirm how I am going to repay this debt, AND IF I DONT they will proceed with collection activity. Could you give me some advice please on how to respond to this latest letter bearing in mind that 1). They didn't reply until now, some 10 months after the original PAP, that's well in excess of the 30 days deadline AND they never wrote to tell me why they hadn't replied. 2) They haven't provided a copy of the original written, signed CCA agreement. 3) I know that no payments have been made to this debt since June 2012 therefore now statue barred (I have evidence of this in form of bank statements)
  8. I agree but since when have such companies played it by the book? I have nothing to lose now by just waiting and seeing what, if anything, happens next. Thanks once again for your invaluable support. I will be in touch soon.
  9. Ok thanks for the very quick reply, so it is possible they could be going straight to court without providing me with the requested info, okay I will just wait and see what happens. Thanks again.
  10. I sent the letter (by recorded del signed for) off to the DCA asking for a copy of the agreement etc and enclosing the filled in PAP form etc and so far they have not replied! No phone calls, no letters, nothing and its been nearly 40 days now since I sent the letter, well over the 14 day limit to provide the requested information, and well over the 30 day limit to reply to the PAP. Should I now write to them and say as they have not replied to my request for a copy of the agreement etc I now consider the matter closed? Is that the best way forward? Or is it possible they have just ignored my request for the information and will just be going straight to court - can they do that?
  11. Just a thought - if BCard are now the owner of my debt then can I hit them for any PPI and charges Egg applied to my account...... Thank you for spelling it out for me, much appreciated. Have read posts etc and will proceed as you suggest. Thanks again, will keep you posted as to what happens. Only joking about the PPI claim to Bcard!
  12. I have read thru the Pre Action Protocol and made notes on what I should expect from Robinson Way and what I need to do. Will complete the form asking for a copy of the CCA, full statement of account and copy of notice of assignment. They omit to tell me in the Letter of Claim that I can request a copy of the CCA which it says in the Pre Action Protocol they should do. They have also ommited other relevant information like an up to date statement of account. I suspect they dont have a copy of the original agreement or if they do they dont want to provide me with a copy of it for some reason. The original CCA was pre 2004 and I know there are specific regs regarding such agreements. Will update myself on those as well. Thanks for your help so far guys, I am feeling less stressed now I have an idea of how to proceed. I do unfortunately suffer from anxiety attacks part of the reason I am on disability, though not the main reason. Not that matters to Robinson Way.
  13. Yep, they sent that form in with the Letter of Claim. not sure if it is exactly the same, will compare them. I dont trust Robinson Way as the income/expenditure form they included lists PIP/DLA as one of the things to include in income. I am on PIP and I know that you dont include that as part of your income as CAB told me that years ago.
  14. So, what do I do then? Wait for them to reply with a copy of the CCA? Or fill the forms in now and send off to them (omitting the income/expenditure cause I dont think they have a right to know that info yet) requesting a copy of the CCA in their forms? Like many on here, not use to fighting these beggers but I dont want to give in to them. I want to fight! Dont know what I am doing on here yet so bear with me because I am a Luddite. I tried to post a reply to your message, dont know what happened to it. You say I need to reply "in a specific way" within 30 days to this letter. What is the "specific way"?
  15. I got letter from solicitors, on behalf of Robinsons Way acting as agents for HPH (ex Barclaycard) on a debt they say originates from a legal agreement from 2004. This I believe relates to an old Egg debt, but BCard bought my Egg debt in 2011/12. I was paying Egg card small amount monthly, Egg stopped taking payments (not me defaulting) when BCard bought debt. Bcard wrote to me said I needed to change SO to their details and quote my Bcard as a reference!!! I didnt have BCard, it was an Egg card. I wrote and told them, they didnt reply, I didnt resume payments (Never made any payments to Bcard). That was in 2011/2012 not too sure of last payment date - have to scroll thru old bank statements, but never made any payments to BCard. Had various letters from Bcard, Robinson Way and other companies over the ensuing years, debt been passed off from one co to another. Now just received a Letter of Claim from solicitors saying they have legal agreement between me and original creditor (who they seem to be implying was BCard as no mention of Egg), and the date of that agreement. Said their "client" (think they mean BCard) purchased the account and it was legally assigned in July 17, Notice of Assignment sent to me - I not received! I have drafted a letter asking for a copy of the CCA, a full breakdown of the costs involved in the debt, and a copy of the Notice of Assignment. Will send recorded delivery tomorrow. I know they have 14 days to supply a legible true copy of the CCA -. My main thought is why has it taken them so long to initiate legal action if they have a good case? Any thoughts or advice please on what else I can do, Sorry for War and Peace!!
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