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  1. 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?
  2. Hi, 1st time for me and need some advice on dealing with Swift advances. Around 2007 got a loan, secured on property, for 55k. Desperate times required desperate measures. Went through broker. Had to avoid forced sale of property because of Bankruptcy. Annuled bankruptcy with cash. Paid loan every month since then, a couple of missed payments, with their permission, and all repaid with agreements. No arrears. Are now in position to move on, have sold house and can pay debt. Just worked out have paid about 42k of loan and 53k still owing! Genuinely felt that would be able to negotiate a lower payment. Just phoned and asked the question hypethetically was told that unless there was a good reason for wishing to pay a shortfall of balance that this was not negotiable. Didn't want to say too much on phone as I began to feel I might incriminate myself so said I would think about my situation and write to them. She, the advisor, kept asking questions about how much the house was on market for and is it sold yet. I was extremely cagey with my reply. Questions: Would it be possible to offer less than balance owing even though there is no shortfall, her terminology not mine Could I sell property and keep loan on, it has another 10 years to run, and then just stop paying, perhaps I could l use money to drag them through court. When house is sold, ie money in bank, do they automatically take it.
  3. Hi all, my son got a letter from Freds demanding £150. He hasnt a clue what its for but obviously was a little worried about it. So having loads of experience thanks to CAG, I rang them. I refused point-blank to give them any personal details via their "security questions" routine, and simply asked who, if anyone, this money was owed to. They wouldnt/couldnt tell me as I wouldnt fill in their blanks via the security routine. Five minutes passed and then we got to the threats of potential CCJs etc if it didnt get sorted. I retorted ( pretending to be my son) that if they thought they could send a letter to a certain address confident that they had the right person, without any "security check" - a letter that contained a name, address, reference number and amount demanded, then a further "check" would be pointless and only serve to extract further information from their target. as expected, I learned nothing, but neither did Freds. I told them at the beginning of the call that it was being recorded, and it was. But this has now got me thinking - what if I make a few calls to Freds along the same lines and record them all? Surely I would have demonstrated ( to a possible court) that I had tried to sort this and that my refusal to furnish a DCA with further information should have no bearing on the fact that the "debt" hasnt been resolved? After all, they made the initial demand, so surely the onus will always be on them to prove it - they have already sent the most basic of details via the letter, so now send details that "prove" it? Surely I could not be expected to give any personal details to a company that makes nothing more than a demand for money without providing any details? Thoughts anyone?
  4. Hi, Too cut a long story short I sent MBNA a SAR but mentioned PPI in it (said I wanted all documents relating to PPI) so they have taken this as a complaint for PPI, wrote to me and told me I had ticked the box and that they had enclosed a copy of agreement as proof. There was no agreement in with the letter (sound familiar?? I've read that a few times on here!) I called them and (thinking about it now I must have been put through to PPI department) they transferred my call and they said they would send it again. I didn't receive it. it was just the exact same letter as before with no agreement enclosed! I wrote to them again regarding my SAR becasue i don't have all the info I need and the sneaky so an so's have sent me another letter saying that they are satisfied that i actively ticked the box and chose to purchase payment protection and that this was their FINAL RESPONSE! No I'm pretty sure that means that i can't do anything about it now with them and that even if I write again they won't re-open the "complaint" that I didn't technically complain about but in a way I did??? Because I only have 6 months to complain to FOS I need to start doing it now before it's too late, I don't want to miss the boat as I have 11 claims going on here! I have a few questions on how to proceed: 1) In my Questionairre it asks if I have ever been in arrrears and only offers option to tick yes or no. I can't remember! if I did have arrears I wouldn't know the dates they are asking for but I don't want to say No just incase. 2) Do I send MBNA the questionairre and a letter stating my reasons for mis-selling even though I have never done this before yet they have given me a final repsonse or shall I just send that to FOS?? I can't believe they have been so sneaky, if they don't action my SAR and then I have to send LBA etc it could take ages to actually get the statements and agreements I need. I feel like I have been well and truly duped and I'm angry with myself for not insisting this was not a PPI claim in the first place but I had no idea what FINAL RESPONSE meant until I read a post on here. I thought that just meant bugger off not that it would mean they couldn't look into it again Please help!
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