Lots of debt

[Americanmuscle]

Today I mailed a brief letter to Calder Financial responding just stating to them that until receipt of their recent letter I have had no other communication from them! I'm fully aware it is part of Mercers but if they can't even use the correct headed paper to follow up corrospondance with me what else have they got wrong?!

Also today I received another letter from FPC thanking me for my 'recent communication' (my letter dated 10/05/10 to them informing my account with Cap One is in dispute), they state in the letter they need to discuss the matter further with me and I should call their office, also that the account has been put on hold for 10 days, and I should note that further action 'may' be taken if I do not contact them immediately!

[cerberusalert]

Makes you wonder what they want to say on the telephone that they can't commit to paper doesn't it?

[Americanmuscle]

Today I have received a 2nd letter from 'Calder Financial' dated June 30 2010, it reads...

 

'LEGAL ACTION'

Our clients Barclaycard have referred your debt to us for collection for continued non payment of your account arrears. We may look to recover your outstanding debt through the courts. If this happens, we may apply for a legal charge on your property that would be costly for you. We do not wish to take this action and welcome your call to talk about a manageable repayment option. The number to call is 08******

If you do not call us, we will close your account and the full balance will become due immediately.

 

Now the above letter is dated 15 days AFTER the 1st letter from 'Calder Financial' informing me that I have failed to contact them or pay the outstanding balance as in my post #107 previously. It would appear to me they are a tad confused and are sending letters out in the wrong order!

[cerberusalert]

It'll be some school-kid on work experience pressing the wrong buttons.

[Americanmuscle]

It'll be some school-kid on work experience pressing the wrong buttons.

Indeed! but all adds up in my favour

 

Today I received another letter from FPC (acting on behalf of Cap One) stating they wrote to me recently about my account which is in arrears, saying they have failed to receive an adequate response from me ( I guess the 'account in dispute' letter to them fell on deaf ears) they go on to say I must clear the arrears immediately or enforcement action may be taken, and to call them now on 08********* to resolve the matter and they urge me to do so without delay.

As mentioned before, I guess they haven't worked out how to put down on paper what they want to say over the phone!

[Americanmuscle]

'Calder Financial' again!

Another letter from them today thanking me for my recent letter (see post #110) and telling me they would like to discuss this matter further with me, I must contact them as soon as possible to discuss my repayment options and set up a plan, until a mutually acceptable repayment agreement has been reached charges and interest will continue to accrue on my account, also that legal action may commence at any time if no arrangement is in place on my account.

 

Their last letter states if I do not call them they will close my account and the full balance will become due. I may be a little slow here but if they close my account interest and charges will cease? if this is the case why do they think I will call them!

[Americanmuscle]

Today 'FPC' have written to me again, their letter says..

Despite having been given a number of opportunities you have failed to bring your account up to date and we now intend to advise our client to refer the matter for further enforcement, Ultimately if no payment is made legal action may be taken against you to recover the debt. If this step is taken then costs and interest will be added. It is not too late to avoid this drastic step. Contact us on 08******* on receipt of this letter to make a payment.

 

Well my letter to them informing of the account being in dispute obviously fell on deaf ears!

[cerberusalert]

They only have so many templates, once they've gone through the cycle they'll start again.

[cerberusalert]

I'm guessing when the other CC companies send similar letters I reply with the same?

Only if they threaten court action, once they do you can use the Civil Procedure Rules to get them to reveal their vitals.

[Americanmuscle]

The letter I sent to Restons has been returned by them stating..Please find enclosed a draft letter which purports to come from you but which is unsigned. You will apreciate that we must ensure we are corresponding with the correct person and that anyone requesting is entitled to receive it. Please ensure that all documentation is signed failing which we will not acknowledge receipt nor provide any response.

 

Do I sign and return?

 

 

Capital One, have written to me in connection with the letter I sent to FPC debt collection informing them my account is in dispute, Cap One have written...

To confirm we have provided you with a copy of your current agreement and a reconstituted copy of your original agreement. We have fully complied with sec 78 of the Consumer Credit Act 19740 (yes they actually made that mistake) For the sake of completeness and for ease of reference I have enclosed a copy of your current and reconstitued original agreement again.

The claims that you have raised do not give you the right to stop making payments. We do not consider this account to be in dispute, therefore would remind you that you are obliged to maintain payments and repay your outstanding balance. We will continue to pursue the outstanding debt and if proceedings were commenced by you, on the basis that there is no enforceable agreement between us, we would strongly defend this.

FPC Debt Collection Services have been assigned to collect the outstanding debt on behalf of Cap One and they have been informed that your account is not in dispute. They will continue to pursue your outstanding debt.

 

What they have included is copies of their terms and conditions!

Also in same post I received a letter from FPC stating..

As per our previous correspondence we are instructed to organise an arrangement for payment of the above account.

You must immediately contact us on 08******* so that an amicable agreement can be set in place and to prevent our client from taking any further action.

 

Would I be correct to send Cap one the template stating why I'm saying the account is in dispute and also include the original pro rata offer of payment?

 

Thanks

[Americanmuscle]

Now I have a working PC again I can update.

Letters sent out to Restons and Capital One, am now awaiting their responses.

Today I have received a letter from Calder Financial (acting on behalf of Barclaycard) it reads...

Formal Demand for Payment

As you have not complied with the recent default notice, the outstanding balance as shown above is now due in full and we demand that you pay us this amount immediately. Your balance will continue to accrue interest at the current rate until we receive this payment. We will no longer send statements to you.

*blah blah blah about informing credit reference agencies etc*

 

If a payment is not made or an agreement not reached by August 8 2010, a debt collector may call upon you for repayment OR legal proceedings may be taken against you in the County Court.

To stop further action, you should call us as soon as possible.

 

As I have not yet responded to Barclaycards non-enforceable CCA telling them why and that they still haven't responded correctly is this my next step or another way?

[Americanmuscle]

Send it again adding that it is not a SAR but a ****NOTICE UNDER Civil Procedure RULES***

Will do thanks.

Had a voicemail left on my phone other day with a garbled message to contact some random lady from a company named Debt Managers LTD, never heard of them and wasn't going to call them anyway! get home from work today and have a letter from the above company saying...

 

Your overdue account has been referred to ourselves from Barclaycard for immediate collection. All future contact and payments must now be directly with Debt Managers LTD.

The balance of £******must be paid in full today.

If you are unsure of how you will settle this debt you must telephone one of our negotiators who will discuss the options available to repay this amount.'

 

I'm guessing from that, my account has now been passed from Calder Financial to this other company named Debt Managers, is this common for accounts to be handed around like this?

[cerberusalert]

I'm guessing from that, my account has now been passed from Calder Financial to this other company named Debt Managers, is this common for accounts to be handed around like this?

Yes, but you've probably frightened Calders with the CPR request.

 

Send the new bottom feeders this; http://www.consumerforums.com/resources/templates-library/86-debt-collectors/574-letter-when-account-has-been-passed-on-whilst-agreement-request-is-in-dispute

 

There's not much point in sending the CPR request again unless someone else threatens court action.

[Americanmuscle]

Update time...

Have re-sent letter to Restons stating it is a 'SAR' etc so waiting to hear back from them, Cap one have replied to my letter informing them why my account is in dispute, they have replied thanking me for the letter and also including....

 

It's going to take us a little while to look into your situation and come back with a detailed response. We'll do everything we can to get an answer to you within four weeks of this letter.

If for some reason our investigations take longer than four weeks we'll contact you to tell you why this is.

 

Also the same day I received a letter from Capquest debt recovery informing me that my Cap one account has now been reffered to them to manage my account in all matters relating to collection, wich may include personal visits by our doorstep collection agency and possible litigation, also says that I must pay in full immediately or, if I am unable to pay in full to telephone them to discuss a suitable solution, if I don't make contact my account will be passed to their solicitors HL legal.

 

thankfully I have repaired my printer!

[cerberusalert]

You could send Capquest this; http://www.consumerforums.com/resources/templates-library/86-debt-collectors/574-letter-when-account-has-been-passed-on-whilst-agreement-request-is-in-dispute

[Americanmuscle]

Well today I have received another letter from Cap one, this one reads...

 

Thankyou for writing back to me about our previous response. I am writing to you out of courtesy as we have already sent our final response. Having reviewed your account, I can see that the letter you refer to dated July 8 10 was our final response in regards to your request for documents under S78 of the Consumer Credit Act.

We first wrote to you regarding this on 22 April 10. With our letter we enclosed a reconstituted copy of your original agreement and a copy of your current agreement. In our final response dated July 8 10 we enclosed copies of these documents again and advised you that we did not consider the account in dispute. This meant that as evidenced b the documents we provided, you clearly have a valid and enforceable debt and you are required to make payments. Therfore,we do not need to apply to a court for this to be enforceable.

Your account was with FPC debt collection agency. However, as they were unable to obtain any payment from you, your debt has been moved to another debt collection agency called CapQuest. They now deal with your account, so it is important that you contact them to arrange payment, toy can speak to them directly on 08******

Please note that failure to pay may result in further action being taken against you. At this stage we will not be referring this to a court. However, if you wish to put your case to court we will await confirmation of this and actaccordingly upon its receipt.

 

Ho hum

[cerberusalert]

Wait until Crapquest contact you again & then we'll decide what to send them back.

[Americanmuscle]

Wait until Crapquest contact you again & then we'll decide what to send them back.

My thoughts exactly!

 

Today I returned home from work to be informed by my partner.." there was a man here today looking for you!" he would not tell her what for other than it was 'private and confidential', he gave her a card to pass to me which reads..

 

A field representative has called today to discuss an important matter, please telephone **name** on **number** between 10am -9pm to discuss the circumstances OR to arrange a convenient appointment time, please quote ref. # 123456

 

On the back it reads...

 

this call is NOT a sales related matter, the nature of this call is private and confidential, your call is URGENT and IMPORTANT

should no one respond to your call immediately, please leave a message on the available answering service OR text a message.

 

He turned up at approx 2pm yesterday (Thursday) afternoon, I have no idea which company he works for as it just gives his name and a contact number!

[cerberusalert]

What's the number?

[Americanmuscle]

What's the number?

The number on the card is a mobile number starting 07970

The reference number doesn't tally with anything I have either so I'm guessing it is their own in house reference.

[cerberusalert]

The only thing I can suggest until they contact you in writing is to print of letter #3 and hand it to him if he calls again http://www.consumerforums.com/resources/templates-library/86-debt-collectors.html

[Americanmuscle]

Well today I have received another letter from CapQuest...well sort of! the letter is from HL Legal who have been appointed by CapQuest on behalf of Capital One...

 

TAKE NOTICE THAT unless this account is paid in full or a satisfactory proposal for settlement is received by 04 Sep 10 ourt proceedings may be issued against you without further notice.

In the event that court proceedings are neccessary, the following costs will be added to the debt.

Balance of account: £*****

Court costs: £85

Solicitor's costs: £80

Interest, where applicable, will also be added, accruing on a daily basis. In the event that judgement is obtained against you, enforcement action will result in further costs and fees being added. Your payment must be sent without delay to the addres shown below, all cheques and postal orders should be made payable to CapQuest Debt Recovery LTD.

 

Do I reply to them with the draft letter set out in post # 119 ?

[cerberusalert]

Do I reply to them with the draft letter set out in post # 119 ?

Yes you might as well.

[Americanmuscle]

Yes you might as well.

The day after you replied I received a letter from CapQuest in reply to my letter to them informing of my account with Capone being in dispute, their reply states my account has been put on hold until Sept 07 whilst they investigate the matter for me, I will wait for their next letter before I do anything else.

[Americanmuscle]

Yesterday I received 2 letters in seperate envelopes both from Debt Managers LTD regarding my account with Barclaycard, the first is dated August 26 and reads...

 

I have identified that your account now qualifies for a significant full and final settlement. This offer is available for a limited time only. You can take advantage of this one off settlement opportunity by contacting our collections team on 08*****

On receipt of the arranged settlement your file will be closed with Debt Managers Ltd and returned back to our client, who will then arrange to update your credit file.

Should you fail to contact us within the next 7 days your account will remain registered as an unpaid debt.

 

The 2nd letter dated August 27 reads...

 

NOTICE OF LEGAL ACTION

Your failure to respond to previous letters has resulted in your account being passed to this department for court action and our solicitors may prepare the court papers within seven days. If yo wish to avoid legal action you must now pay in full today using the attached giro or you can phone and pay by debit or credit card or alternatively you must immediately telephone our legal manager on 08******

 

The response letter is already typed up and ready to send in reply to the 2nd letter!

It does make me giggle though reading between the lines.. 'pay by debit or credit card' yes ok, I can't meet the monthly repayment on your credit card so I should use another and transfer the debt to another company for them to worry about If I could afford to pay the balance in full right now you wouldn't be sending me letters, so where do you think I will magic the money up from to enable me to take advantage of your one off settlement opportunity ?

 

Now if only they had been as sensible as Tesco and frozen interest etc and accepted my reduced monthly offer!