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overdone

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Everything posted by overdone

  1. Capital one defaulted this as shows up on early copies of credit file. Later copies show Capquest as having defaulted. There is no date change recorded though. It is as if the name of the defaulting body changes when the debt is sold on.
  2. Which particular letter is interesting Mike?
  3. Claim: The borrower, McGuffick, argued that the bank had breached section 77 of the Consumer Credit Act, and sought an injunction restraining the bank from making reports of non-payment to any of the credit reference agencies (CRAs). Among the issues for consideration was whether reporting or threatening to report information about the agreement to a CRA, or demanding payment, issuing a default notice, threatening legal action, or instructing a third party to demand payment or otherwise seek to procure payment, would constitute enforcement contrary to section 77(4)(a). If so, whether the taking of such steps or the failure to notify CRAs that the borrower had no enforceable liability under the agreement would give rise to an unfair relationship under section 140A of the Act. Type of agreement: Fixed-sum unsecured loan agreement dated 3 October 2005 for £17,034 repayable in 60 monthly instalments. Judgment: The judge found that: • The effect of unenforceability under section 65 was that the rights of the creditor and corresponding liability or obligations of the debtor did exist but were unenforceable. • The reporting to CRAs and related activities did not constitute enforcement for the purposes of the Act. No question arose therefore of the borrower being entitled to an injunction restraining the bank from continued reporting to the CRAs or from taking any of the other steps. • It was unnecessary therefore to address the question of unfairness under section 140A, since the case for the claimant for an unfair relationship relied upon the same allegations as the judge had already rejected in relation to all the other aspects of the case.
  4. I cant because it fell off the files. I was paying Rob Way in a debt management plan 4 years ago before I went into dispute but that does not necessarily mean anything in terms of ownership.
  5. Are Rob Way likely to have bought the debt or only be chasing it?
  6. I just checked my credit files going back 4 years. I order them annually. Cannot find from these records any defaults but from memory they did show up once. I think these have fallen off years back. Sainsbury accounts do not show any more. Do the DCA's ever clear off though? I just read post 7 of this thread. This was one of the first ever acc's to be defaulted in 2004.
  7. Robinson Way Limited London Scottish Way Ltd Quays Reach Dear Overdone Due to Robinson Way LTD Amount due £7081.xx **************************************************************** We have reviewed credit report data which confirms you are at this address. **************************************************************** Although we may have tried to contact you by letter, telephone or home visit, you have neglected to pay this account. We have confirmed you reside at the given address, so you must know you have this unpai account to deal with. This account is now a concern for us: unpaid debt reported to credit bureaux may make normal tasks like getting a mortgage, credit or a bank account more difficult. It makes sense to pay. If you contact us, we can simply and quickly agree an affordable payment plan with you. If you prefer not to talk to us, you can deal with this online. Visit http://www.robway.co.uk to pay or make an offer of payment: or you can email us at payline@robinson-way.com Yours faithfully Collections manager
  8. Well with all the money they collect, I suspect they have moved to bigger offices. "Just when you thought it was safe to go back in the water"
  9. The power of saving in dribbs and drabs would maybe help facilitate a lot of peoples needs. Most of us have PayPal and various means of submitting money. A CAG Meet fund, with individual accounts might be a good idea to encourage saving for these costly functions. Hotels and drinks allowance saving group. Would someone like to set one up and then negotiate family rooms with a discount, confident that the money is there upfront when people are committed initially. All they would lose through sudden crisis or unexpected bills is their share of the room money. What do others think?
  10. Also, BB helped me with my first stat Demand set aside. I was overwhelmed by her Knowledge. We have met at a couple of meets and my sweetest memories are of Birmingham and Jury's Inn. I did not got last time because of the Riots. These meets are expensive but it is part of the way I show my appreciation when I can afford to go. Anyone want to arrange another?
  11. Arrow Global Phoenix Recoveries (UK) 5 July 2012 Dear Overdone, Acc No xxxxx Debt originally owed to Shop Direct Group Amount outstanding £94x.xx Assigned by Phoenix Recoveries (UK) sarl Notice of assignment We advise you that Pheonix Recoveries has assigned all of its respective rights, title and interest in respect of the above referenced account to Arrow Global Guernsey Ltd, effective 13th May 2011. Any payments made on this account after 31st December 2010 will be passed to Arrow Global Guernsey Limited and will be deducted from the current balance. It is essential that all future payments and correspondence regarding this account will be directed to: Westcot Credit services LTD PO bx 137 Hull You should contact Westcott credit services to organise payment of this account as a matter of urgency. If however, you believe that you have received this communication in error or that the outstanding balance is incorrect or not owed, please contact Westcot credit services with all relevent information, again, as a matter of urgency. Please note that in order to protect your personal privacy we may need to identify your identity. Yours sincerely Arrow Global Guernsey Ltd
  12. well if they ring again, I am still refusing their security questions. Does anyone know about this "call blocker" you can buy?
  13. I think Capquest have a b cheek. Have they got any legal teeth, other DCA's do not know about, to make me forgo my legal right to refuse telephone conversations and insist upon everything in writing? Are Capquest the new magic wand of DCA's? I dare not speak to them on the phone as my frustration and anger towards trained apes and their ensuing silences, means I end up losing my rag whilst I try to explain in queen's English why they should quit bothering me. They cannot step outside their training manuals and lets face it, there are quite a few pages missing from them. I am sure you have all been here yourselves.
  14. CapQuest Debt Recovery 5 May 2012 Ref: Dear Overdone, Further to our recent telephone call regarding the above outstanding account. When endeavoring to make contact with you by telephone we have a data protection process that legally we must complete before one of our agents can discuss the matter further. This process is there to make sure that your and the outstanding debt details are not divulged to a third party.. On a very recent telephone attempt to contact you, it has been reported that you refused to assist our agent by supplying or answering details to confirm that they were indeed speaking to you and as a consequence the call had to be terminated. (Oh How surprising!) We can understand some individuals reluctance to supply details or answer questions that they may see as private and confidential. (In a nutshell, Yes!) However, all the questions the agent will or may ask of you are questions based on the information that is already known to us and therefore we are not seeking new information but verifying the details to comply with the data protection laws.(Well how did you get my newly acquired, ex directory number if data protection is so important to you?) We trust this letter assists you and clarifies the situation regarding our process for verification. Your account will be passed back to the appropriate department to recommence the collection cycle where further telephone activity will commence. (You wish! I haven't spoken to any of your trained apes for years) Any failure to comply in the future with the verification process will see your account fast tracked to the end point of the collection process which may mean legal action is taken against you. (Oh goody! I can expose your lack of regard for various parts of the consumer credit act). You can find how you can pay and other relevant details that may assist you on the back of this letter. We look forward to speaking to you soon to get this matter resolved. Yours sincerely Collections Department.
  15. Now I have sorted this personal confusion, I can continue this thread relating to two Barclay card debts.
  16. In the generic sense this info comes in useful. I have since discovered their strategy applies to Monument Accs and not the direct Barclay's accounts, specific to the starting of this thread. These are showing defaults that expire in 2014, so I heave a sigh of relief at least regarding the 2 debts this thread started out mentioning.
  17. If I agreed an out of court settlement, what is the best bargaining power outcome likely to be. All creditors can do this no defaulting on us. Is removal of entry a possible deal?
  18. The account is not defaulted though. It says status 3+ is 36 in last 36 months. Can they do this forever? What course of action is open to me?
  19. In September 2008 I stopped paying my debt management plan money to Barclay's and credit files show they did not default me officially. I'm about two years from Default Barred. When this happens can I insist DCA records are removed? I suspect this account was Monument/Providian anyway who Barclays bought out and took over the company.
  20. Nice idea BB......subbing
  21. At my new address of two years, I have got dozens of letters I have ignored. Today they telephoned me without saying who they were before asking DOB, etc security questions. I was shocked into asking, "who is calling please?" When they said Robinson Way I told them I did not give out these details over the telephone and hung up. No repeat calls as of yet. Where did they get my new ex directory number from?
  22. Would that apply if I actually went and moved to Scotland, for a week or two or three and then moved back?
  23. I agree with the above. My vanquis is paid off in full every month. I use it as a means of payment only. It restores my credit worthiness each month.
  24. Is there a chrismas meet thread for this year?
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