Aqua Card refuse promissory note and A4V

[MPotter]

Hello, I sent a promissory note and an A4V BGC slip to NewDay CEO James Corcoran on the 24th February 2017 along with a letter explaining my actions. I also cc'd in the billing department. In response I received a letter from aqua dated 1 March 2017 addressed to Mr and my full name which stated the following:

"Dear Mr (surname)

Thank you for your letter addressed to James Corcoran dated 24 February 2017, which has been passed to me for response.

Firstly, I am sorry you have had to contact us. Thank you for bringing your concerns to our attention and allowing me to address the issues raised.

I understand that you have forwarded a promissory note for payment of the account along with a giro slip. You have requested the return of the documentation if we are unable to accept this as a form of payment.

I am unsure why you believe that the Bank Giro Credit Slips and a note promising to pay the account would be accepted as payment. In order for a credit to be applied the Giro Slip needs to be accompanied by a form of payment, such as a cheque or cash and therefore as these were not enclosed the Giro Slip itself holds no monetary value, nor is it a promise to pay.

I am unable to return the original documentation at this time, however as the none of the documentation hold any monetary value and the Giro Slip has been defaced this has no value and is not accepted as payment.

I hope I have addressed the issues you have raised and provided a fair resolution. If after consideration you would like to discuss any of these further, please do not hesitate to contact us on the details above. However, should you have any other enquiries, please call our Customer Helpline directly on 0333 220 2691.

You have the right to refer your complaint to the Financial Ombudsman Service, free of charge, but you must do so within six months of the date of this letter.

If you do not refer your complaint in time, the Ombudsman will not have our permission to consider your complaint and so will only be able to do so in very limited circumstances. For example, if the Ombudsman believes that the delay was as a result of exceptional circumstances.

Details of how to contact the Ombudsman are contained in the enclosed leaflet, but for the ease of reference, please see below:

Email: complaint.info@financial-ombudsman.org.uk. Telephone them on 0800 0 234 567 free for people phoning from a 'fixed line' (for example, a landline at home) or 0300 123 9 123 free for mobile-phone users who pay a monthly charge for calls to numbers starting 01 or 02. Alternatively you can visit their website at financial-ombudsman.org.uk.

Yours sincerely



Rochelle Leach
Executive Complaints Team

Enc. Financial Ombudsman Service leaflet"

Can you please advise what the best course of action is?

[MPotter]

Re: Aqua Card refuse promissory note and A4V

Well I do not want to recommend any course of action, I assume you mean the notice of implied rights access

If I ever get a letters saying they will visit I sent a version of one of those, some respond and some don't. No real legal status i don't think, well unless you want to take them to court for trespass but you would need to show a loss , which if you don't answer the door is difficult

You are correct - sorry to not be clear. I meant a Withdrawal Of Implied Rights Of Access.

[MIKE770]

Re: Aqua Card refuse promissory note and A4V

well pointed out Warwick65

[warwick65]

Re: Aqua Card refuse promissory note and A4V

Well I do not want to recommend any course of action, I assume you mean the notice of implied rights access

If I ever get a letters saying they will visit I sent a version of one of those, some respond and some don't. No real legal status i don't think, well unless you want to take them to court for trespass but you would need to show a loss , which if you don't answer the door is difficult

[MPotter]

Re: Aqua Card refuse promissory note and A4V

From my understanding, the minimum repayment should not be less than the interest charged @Debt Camel

Debt is not a criminal offence, you can not be arrested for debt. I am not sure where you heard about people being arrested for non payment of civil debts, not in the UK.
If you are well known to the local police, debt collectors should be a walk in the park. Besides, they very very rarely call. I have had one , once and when I asked him to go away (politely) he did , with no payment
The only way you could be was if a court ordered you to attend for example an examination of your income and expenditure and you didn't. They could then issue a warrant but I have never ever heard of that
@charitynjw any thoughts?

Cheers. Given that they've already broken the rules, should I just default and tell them Foxtrot Oscar? Could I send a WOIRA if the debt is passed onto a collector? Obviously I will open any mail from debt collectors, Aqua Cards or their parent company Newday Ltd!

[charitynjw]

Re: Aqua Card refuse promissory note and A4V

Good afternoon, @warwick65

They don't put you in Clink for being stoney nowadays.



http://www.clink.co.uk/

[warwick65]

Re: Aqua Card refuse promissory note and A4V

From my understanding, the minimum repayment should not be less than the interest charged [MENTION=48934]Debt Camel[/MENTION]

Debt is not a criminal offence, you can not be arrested for debt. I am not sure where you heard about people being arrested for non payment of civil debts, not in the UK.
If you are well known to the local police, debt collectors should be a walk in the park. Besides, they very very rarely call. I have had one , once and when I asked him to go away (politely) he did , with no payment
The only way you could be was if a court ordered you to attend for example an examination of your income and expenditure and you didn't. They could then issue a warrant but I have never ever heard of that
[MENTION=5553]charitynjw[/MENTION] any thoughts?

[MPotter]

Re: Aqua Card refuse promissory note and A4V

There are a few options but many of them will damage your credit rating, however i am guessing this is fairly poor anyway seeing as the APR is 50%.
You can continue paying the minimum payments and as much extra to pay it off

Try to apply for other credit cards with a lower interest rate and transfer the balance

If the account has been defaulted - write and explain the situation and enter a repayment plan on the condition they stop adding interest

If the account has not been defaulted , similar to above but ask that they do not default the agreement (it will still damage your credit rating)

Do nothing and watch the amounts clock up - wait for it to be sold hopefully and then sort it out

Thank you. In response to your proposed solutions:

1) Yes I could do the minimum payments but I can't possibly do more!
2) I have tried but been refused.
3a) The account has not been defaulted yet. However as per 4 below I plan to default the account as soon as the freeze period (September) expires.
3b) I have done so and been told no we can't do a repayment plan if you can afford the minimum payment. This is less than the monthly interest!
4) I think that's the most likely solution. What should I do? My Mum and Dad are very anxious about debt collectors attending our home address and I'm personally worried that I could be arrested if the Police are called. I am very well known to my local Police force and have heard about other people being arrested for non-payment of civil debts.

[warwick65]

Re: Aqua Card refuse promissory note and A4V

There are a few options but many of them will damage your credit rating, however i am guessing this is fairly poor anyway seeing as the APR is 50%.
You can continue paying the minimum payments and as much extra to pay it off

Try to apply for other credit cards with a lower interest rate and transfer the balance

If the account has been defaulted - write and explain the situation and enter a repayment plan on the condition they stop adding interest

If the account has not been defaulted , similar to above but ask that they do not default the agreement (it will still damage your credit rating)

Do nothing and watch the amounts clock up - wait for it to be sold hopefully and then sort it out

[MPotter]

Re: Aqua Card refuse promissory note and A4V

Ok so I assume you're saying that the debt is valid and should be paid. As I cannot afford to pay it at the ridiculously high interest rate that has been imposed what should I do?

[charitynjw]

Re: Aqua Card refuse promissory note and A4V

Carey
At 234

(1) A creditor can satisfy its duty under s78 by providing a reconstituted version of the executed agreement which may be from sources other than the actual signed agreement itself;

[MPotter]

Re: Aqua Card refuse promissory note and A4V

I'd say no but they've provided an accurate version of the terms and conditions. No signature was provided.

[charitynjw]

Re: Aqua Card refuse promissory note and A4V

Have they sent an accurate copy of the original agreement?

(Since Carey, a reconstructed version is compliant).

[MPotter]

Re: Aqua Card refuse promissory note and A4V

And to clarify I did tick such a box! Yet it was not provided in the paperwork that I was sent.

[charitynjw]

Re: Aqua Card refuse promissory note and A4V

All the recent online applications that I have seen require the applicant to tick a box (or similar) to signify that the T&Cs have been accepted.
Eg - https://applynow.aquacard.co.uk/appl...4AA000DSE00100