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    • Just a typo change that I'd make for the last line. Maybe also add something that says "I assume you will be fully aware that you cannot rely on a clause of a contract that you do not produce."
    • Hello, Firstly, and most importantly I am sorry for your loss. I would go back to the bank with the death certificate and ask them to step in. Remind them firmly but politely that there is no limit for DD claims   Please let us know how you get on.
    • My wife is the named person to his bank account with him having Dementia being his daughter (I say named person she still is but he recently passed away and the deputyship application has now being stopped by the solicitor as it's no longer needed) We've only just got the Death Certificate so the bank will be the next step informing them. She went to the bank and explained the situation but even being his named person the bank said she didn't have the power to stop DD without any legal documents (virgin money) was the bank. She could have copies of bank statements that was about it.
    • I see you said you tried to stop the DD but it seems that didn't work. May I please ask why that didn't work? You should be asking your bank to cancel the DD and I don't see why they would have objected, hopefully you can clarify this. I agree that you should be making a claim here against your bank and ask them for a DD refund. There is no timeframes for this.
    • JK: Yeah That's correct. We left rent payment coming out of his bank account from January 2023 - August 2023 until we could find somewhere to sort out his belongings which was fine. I tried to give notice a few times from August 2023 asking for advice from Sanctuary housing how we went about this explaining his condition and that he was in a Nursing home from December 2022. I explained we don't have any legal powers to his account like POT but were in the process of going for Deputyship and that I was the named person to act on his behalf to speak with Santuary housing. I said we could provide details of his condition and proof he was now in a nursing home with date he moved in. This went ignored despite repeated attempts to contact them until a housing manager contacted us end of February 2024 and notice was finally accepted with his tenancy coming to an end March 22 2024. Although they have continued to take rental payments for the flat despite someone else living in it from the 1st April. I wasn't aware payments were still being taken till I checked his May banks statements. I had asked them to back date rental payments to August 2023 when I gave notice rather than just giving notice in March 2024 but they've ignored that bit. I don't see why they shouldn't give it back they've taken money they shouldn't have. Thanks DX, I wasn't aware we could do that for that length of time. I'll ask my wife to check with the bank this week
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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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letter received from good old carpquest,

those selfless souls

(I think an 'r' needs adding to the start of that word for them) who are toiling thanklessly away on behalf of their [heavily connected] client, Erudio [arrows], in relation to a claim for student loans.

 

Following a number of 'you owe this amount, please contact us' style letters, this latest letter seems more decisive regarding potential court proceedings by Erudio.

Which is why I need a little help:

 

====>

NOTE: Is it possible to add the original letter text here for only admin to see?

====>

 

Is this the 'next level' of scare tactics? Or is it close enough to a 'letter before action' to start making definite court defence preparations right now?

 

Because rather than using words like 'may' or 'might', the letter states:

 

"If we do not receive contact from you...our client will be instructing a solicitor to commence court proceedings..."

 

"...should no contact be forthcoming...your account will be passed to our clients' solicitors..."

 

As Erudio has already stated that this account is dealt with by capquest, then are those words as good as coming from Erudio itself?

 

Of potential note though is that the requested action stated in the letter is based upon 'contact' and to 'engage' with them - not in 'making payment' to them.

 

Just as background to this particular situation:

 

  • I didn't continue with deferment once the government sold on the loans to these Erudio.
  • Instead I refused to acknowledge the loan (in writing) along with a CCA request.
  • The (eventual) paperwork I received merely showed that any original documentation was poorly micro-fiched, incomplete, and partly illegible. The rest was, of course, 'reconstituted' for the purposes of the CCA.
  • Following that I have not responded in any shape or form, other than to receive their letters of default, phishing letters, and 'passed on to caquest' notices.

I'm not in panic mode or anything, as I decided to see things through this way

- whatever the outcome

- when refusing to acknowledge Erudio's dubious acquisition of loans in the first place.

But any advice on what options/steps to take next in this situation would be greatly appreciated.

 

 

Thanks for your time (and apologies for anything not made clear enough).

 

PS:

What's the best way to add content from the letter itself (if required) for limited viewing?

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Welcome to CAG :)

I love the UN by the way. Today we are going to be making a dingy out of a skip *__*

 

Blank out the personal info along with barcodes on the letter and upload.

I d like to see this :)

 

We could do with some help from you.

 

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**Fko-Filee**

Receptaculum Ignis

 

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When was the last payment for this account?

Looks Scary... Only the Owner of the debt can do legal. Capquest are not such as they state "client"...

Interesting... Id wait for more site team to come along on this one.

 

We could do with some help from you.

 

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**Fko-Filee**

Receptaculum Ignis

 

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I can instruct my dog to sit

if it does what a tell it

is a totally different matter.

the only downside to what you have done is to p'haps leave your credit file open to a default?

unless you already defaulted years ago?

 

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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>> "the only downside to what you have done is to p'haps leave your credit file open to a default?"

 

 

True indeed - but the default is kind of a non-issue to me (in the big scheme of things, anyway). I can put up with that.

What I'm trying to ascertain is whether this is purely another 'put the frighteners on' letter, or whether it is indeed a true precursor to court action?

 

 

Is this anywhere close to constituting an actual 'letter before action'? Or does that have to come from the actual claimant (or via its legal team), rather than its appointed collection-corp thug?

 

 

In my shoes, dx100uk, would you fire off a letter re-stating that the debt is not acknowledged, or wait to see if there is any actual bite behind the bark?

 

 

(And thanks again to you both for taking the time to respond.)

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it is NOT an LBA.

its a phishing letter.

 

 

if/if not any of the fleecing DCA's on any debt issue a court claim is totally random.

if/if not theyt abide by any supposed pre-action protocol, is again totally random.

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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While I thank you for the time and info provided so far, is anyone willing to help me with a knowledgeable opinion on taking (or not) the next step? (see questions above, post #8).

[NOTE: I fully realise it would be only opinion, and not 'legal' advice in any shape or form.]

 

I appreciate this is effectively a phishing letter - but it is a step up from the normal variety. So is this a time to re-request proof of debt (via the original document(s) from early 1990s)? Or is this a time to 'hold the line' and not respond to it at all?

 

Thanks in advance.

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you sit on your hands!

 

that's a std letter we've seen it 1000's of times here on all debts capquest chase

 

just to check something

slc are aware of your current address?

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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> "...slc are aware of your current address?"

Yes - hopefully no back doors here! :)

 

 

And thank you for the info dx - I hadn't been able to find that letter instance (or approximation of it) so far. Didn't think to check all the other dirty debt avenues they've got their mits in. Good to know it's par for the course.

 

 

Thanks for the forum - such a great resource. Will update in the future with any follow-ups of note.

In the meantime, I wish you all a good weekend.

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