Announcement

**Lovemoney** · 16 February 2012, 20:58

Re: Need Advice

MBNA (CREDIT CARD) CCJ

STARTED: 18/5/2005
ACCOUNT SOLD TO DCA (ARROW GLOBAL LLC)
CURRENT BALANCE: £1193
DEFAULT BALANCE: £1150.00 (29/11/2006)

HISTORY

received threat letter from clarity credit management solutins saying i ignore letter & phone call. arrow has an active policy of issuing proceedings & persuing all means of enforcement.

31/12/2008
failed payment notice from clarity credit management solutins.

24/3
received notice of assignment from Arrow Global saying debt owed to Arrow Global Guernsey Ltd assigned by Arrow Global, LLC??? CC claim no?? judgement date??

25/3/2009
received a claim form

17/4/2009
received letter from stevensdrake solicitors saying receipt of the n9a and reject my £1 token payment unreasonable. attached with request for judgment & reply to admission, under c. judgment details...i would like the judgment pay by instalments of £60 per month. Judgement for Claimant(after determination) by instalment of £50 first payment by 19/6/2009 until the debt has been paid.

9/7/2009
sent cca request

5/8/2009
request fee for a section 78 (i didn't reply)

4/10/2009
sent cca request to stevensdrake solicitors enclosed £1 fee.

12/10/2009
replied need to request form original creditor, expect within the time stipulated in my letter.

12/10/2009
received a letter from arrow global saying need request from original creditor as soon as they received docs shall contact me again. in the meantime, collection activity will cease unless ccj.

15/12/09
enclosed...copy agreement, terms & conditions and statement (emailed Niddy), proposal for repayment failure to do so will result litigation.

10/1/10
send in proposal, hardship difficulties & budget sheet.

18/2/10
replied from arrow global enclosed with standing order details.

14/7/10
received letter from clarity credit management solutins saying no longer dealing with the a/c and enclosed a cheque returning these unallocated payment(s)

21/6/11
complaint to FOS unhappy with the default charges applied by firm since 2006.

5/7/11
MBNA replied currently investigating my complaint will response within 28 days.

5/7/11
MBNA apologies for the delay will response by 18/8/11.

16/8/11
MBNA replied to resolve my complaint to my satisfaction, like to offer £39.50 goodwill, statutory interest 8%.

8/9/11
MBNA enclosed a cheque £39.50 as promised.

21/3/12
Niddy confirmed

**Lovemoney** · 16 February 2012, 22:24

Re: Need Advice

SKYCARD (CREDIT CARD) CCJ

STARTED: 16/6/2005
ACCOUNT SOLD TO DCA (CAPQUEST)
CURRENT BALANCE: £3653
DEFAULT BALANCE: £2655 (9/5/2006)

HISTORY

6/2/08
received letter saying require to offer token payment.

9/7/09
sent cca request.

23/7/09
received a claim form...
Particulars of Claim..."Barclays Bank Plc T/a Sky Card and the defendant the benefit of which was assigned to the Claimant on 26/10/2007 The Agreement terminated upon the Defendant failure to comply with terms of the Agreement and/or the statutory Notice of Default served by Barclays Bank. The Claimant seeks interest pursuant to section 69 of the County Court Act 1984 at the rate of 8% per annum from the date of issue continuing at the daily rate of 0.75."
NOTCE:
In my photocopy Admission....under How much of the claim do you admit? didn't tick any box neither put down the amount I admit.

27/7/09
replies with admission form

26/8/09
received Judgement for Claimant by instalment £49.16 p/m, first payment 26/9/09.

22/9/09
send in N245 Variation Order.

5/10/2009
sent complaint failed to comply a true copy of cca

15/10/2009
capquest reply be advised that on 7/8/09 receipt of the admission in which you admitted the account and commenced payment. Upon receipt of this admission Judgement was requested and subsequently entered on 26/8/09. We refer you to the dicision of the Honourable Mr Justice Flaux in the case of Phillip McGuffick -v- The Royal Bank of Scotland Plc (2009) EWHC2386 (comm). In the light of this decision we agree that the debt will be unenforceable until we are able to provide a copy of the agreement you have requested but ask that you note the actions which we may take which are not regarded as enforcement. Further, it is clear that your statement that we must remove all information from our internal records, from our client's records and with any credit reference agencies is not correct. We do not agree that you are entitled to require us to cease processing data. Furthermore the documents you require have been requested from Sky Card and we remain in the process of obtaining these.......

31/7/09
letter saying once received cca for sky will be sent to me. note legal action been issued, complete & return to court asap.

1/11/09
receivedvariation order from court by instalment £1 for each month by 1/12/09.

4/12/09
letter from capquest enclosed detailed copy statements and cca requested from original creditor will forwarded upon it arrival. original creditor unable to provide cca accept the judgment held against will still stand will not take any enforcement action. Confirm currently £1 payment arrangement in place(on photocopy failed comply cca stamped LEGAL 15/10/09 RECEIVED, copy statements stamped LEGAL 6/11/09 Emailed Niddy.

14/4/10
letter from capquest confirm £1 payment p/m arrangement.

14/4/10
received annual statement 1/10/09-30/4/11.

18/7/11
complaint to fos regarding default chargers and making 2 seperate payments £1 on my account.

20/7/11
letter fom barclaycard prepared credit me £61+£24.33(8%interest) final settlement of my claim and enclosed 6yrs schedule charges.

21/7/11
letter from capquest saying receipt my complaint via fos and confirm a/c now put on hold.

12/8/11
letter from capquest apologise for the delay confirm currently being investigated by quality assurance officer.

17/8/11
letter from capquest to explained making 2 separate payments issue and advised that sky card instructed to reduce outstanding balance by £85.33 refund of default charges confirm outstanding balance £3567.62.

21/3/12
Niddy confirmed

22/10/11
Letter & Statements from Capquest received. This covers the period from 24/10/2007 to 31/8/2014 (£1 pm BALANCE £3526.62). We purchased yr a/c 26/10/2007. Under the terms of the CCA, we're required to send you regular statements detailing any activity on yr a/c. You'll receive one statement every year whilst yr balance remains outstanding.

**Lovemoney** · 18 February 2012, 19:28

Re: Need Advice

LLOYDS TSB (CREDIT CARD) CCJ/CO

STARTED: 22/12/2003
CURRENT BALANCE: £10232 (5/6/2011)
DEFAULT BALANCE: £10256 (17/10/2006)
ACCOUNT OWNER: ALLIED INTERNATIONAL CREDIT (2008); ROBINSION, WAY & CO (2009); DLC (2011)

HISTORY

21/1/08
received yellow warning card from allied international credit saying under term & conditions, full payment must be made immediately.

30/1/2008
received threat letter saying make satisfactory repayment solutions to prevent proceeding court actions.

12/6/2008
received letter from lloyds tsb saying their agents have been unable to agree a repayment programme. if i unable to make payment in full, complete & return questionnaire to enable them to assess my financial situation.

24/2/2009
received letter from robinson,way & co advice me call than agree a special settlement figure to clear a/c.

1/3/2009
send in proposal, hardship difficulties & budget sheet

8/3/2009
reply from robinson, way & co thanks for my offer of payment, which is accepted. please pay on time to prevent risk further action.

28/4/2009
received auto send reminder due to payment received late.

28/5/2009
received auto send reminder due to payment received late.

28/8/09
received auto send reminder due to payment received late.

9/9/09
sent cca request

16/9/09
replied saying request for a copy of cca be directed to them (lloyds tsb) a/c has been placed on a temporary delay until receive cca by lloyds tsb.

17/9/09
replied saying request for a copy of cca be directed to them (lloyds tsb) a/c has been placed on a temporary delay until receive cca by lloyds tsb.

21/9/09
send a letter to complaint them unable to supplied me a copy of cca.

25/9/09
received reminder disruption to postal service enclosed with extra payment slip.

25/11/09
received letter saying in view of my recent query & comment, we have today removed your a/c from our files, & returned my case to lloyds tsb who will deal directly with me in the future. lloyds tsb has been made aware of the reason why a/c is being closed & returned.

18/7/11
received letter from tsb has assigned all tittle and interest including the outstanding bal to Hillesden Securities Ltd. Under the term assigment, as defined Data Protection Act 1998. DLC has been appointed by Hillesden to manage my a/c and future payments and correspondence.

18/7/11
received confirmed letter from DLC about assignment.

27/7/11
send in proposal, hardship difficulties & budget sheet.

1/8/11
Dlc replied failed to maintain acceptable payment, made equiries with land retistry confirmed hse owner will take legal action ccj then charging order to secure the debts.

3/8/11
Dlc & tsb send letter reissued for completeness

17/8/11
received letter from Alplin(Solicitor) instructed by??? to recover the outstanding balance in full or reach agreement within 7days legal proceedings.

8/9/11
received letter from dlc unable to accept recent payment offer as unrealistic intention cc claim blah blah....

26/9/11
replied don't want to go to court, due to financial hardship can only afford £1 at the present, offer still open to accept.

14/10/11
received letter from Aplins instructed to issue legal proceedings against me unless payment in full immediately. If payment not received 14days a Claim will be issued NCCBC together with claim a interest & legal costs.

27/10/11
replied to Aplins reconsider my offer and explained financial hardship.

2/11/11
received Notice of Default Sums from dlc & court claim form.

21/11/11
received letter from dlc been instructed Aplins to reject my offer for payment. The reason wish to apply court order for forthwith in order then charging order on my property.

28/11/11
received Notice of Default Sums from dlc.

16/1/12
received annual statement of a/c from dlc.

15/2/12
received notice of transfer of proceedings from NCCBC. To all parties this claim has been transferred to the local ccc for enforcement.

1/2/12
advice by national debt helpline make a complain to FOS relates to asking for copy of the agreement not able to comply a/c was then closed and returned to the bank. Did not hear hear anything regarding the debt for 2yrs received a letter from new dca, have sent details financial hardship was refused now going to county court for charging order.

5/3/12
received details of the complaint, should hear from the business next few days and final response in writting within 8 wks.

6/3/12
acknowledge receipt of complaint from dlc saying will respond within 5days and opportunity to fully investigate the points have raised. (enclosed a copy of their Complaints Procedure for my reference)

19/3/12
received reply explained all the steps since dlc started the account & disagree with claims that no contact has been made for 2yrs and closed the a/c and returned it to the "bank". the complaint has not been upheld & remain with Litigation Team please contact them to discuss the next course of action. We trust now resolves the matter confim this by return writing or telephoning await response no later than 5/4/12.

21/3/12
I phoned FOS, been advised give dlc a call to check is that final response with the complaint if not request them put it in writing to confim then sent back to FOS can carry further investigation. Immediately phoned dlc saying Lloyds sold them this debts been told isn't anything wrong with the a/c. And advised need further investigation put it in writing.

28/3/12
received Notice of Adjhourned Hearing...
TAKE NOTICE that the Hearing has been adjourned until 28/5/2012 at 11:00am at Local CCC When you should attend
Please Note: This case may be released to another Judge, possibly at a different Court.

4/5/12
received a letter from FOS thanks for yr correspondence received safely on 30/4/2012. Because wer are receiving very high numbers of enquiries, it may be up to four wks before we come back to you.

17/5/12
Husbands & my objection letters are hand in to the Court office.

AND sent cca request.

23/5/12
personally hand in N245 to the Court office.

23/5/12
received a letter from FOS...thanks for contacting us about yr complaint. We have now asked the business to send us the information they have about yr complaint, which we need so we can investigate further.Once we have received this, one of out adjudicators can begin to look at yr case. They will contact you to introduce themselves & discuss yr complaint in more detail. This should be happen within twelve wks-pls let us know if yr circumstances change significantly *if you are experiencing serious financial difficulty, serious ill-health, threatened with legal action relating to yr complaint or if the business contacts you with an offer.

8/6/12
received confirmation from the Court regards Final Charging Order and the instalment order is varied to £1 per month, next payment to be paid by 01 June 2012.

28/5/12
received acknowledge letter from DLC confirm receipt of payment £1 in connection with data request under the Consumer Credit Act 1974, still awaiting copy documentation from client (Lloyds). When this becomes available it will be forwarded. If unable to forward a copy of the original agreement, will be able to supply a true copy of the document which will comply with section 77-79 of the CCA 1974, and will update you on developments in 21 days if there are no developments beforehand.

18/6/12
received letter following up request for copy documentation with our client (Lloyds). When this becomes available will forward it to you. A/c is on hold and all further action has been suspended in anticipation of receiving the documents required, and will update you on developments in 21 days if there are no developments beforehand.

20/6/12
received NOTICE OF DEFAULT SUMS...this notice is given in compliance with the CCA 1974 because you have default sums payable on the following a/c. This notice does not take account of default sums which we have already told you about in another default sum notice, whether or not those sums remains unpaid. 19/6/2012 Litigation Cost (debtor) total amount due in this notice £114.00.

29/6/12
received a reply from FOS...further to our letter dated 6/5/2012, your complaint has been referred to me for consideration. Unfortunately, the FOS is not free to consider every complaint referred to it. I am sorry to tell you that yr complaint does not appear to be one that we can consider further.
The business has explained that this matter has been reviewed by a court & a judgement has been entered against you. Our service would decline involvement in matters that have or are subject to court proceedings, as this could lead to a conflict in the outcome. This is also because a court is a higher authority than ourselves so we are unable to overturn a judge's decision, as we are an informal alternative. I do not believe we can consider yr complaint further. I appreciate that this is likely to come as a disappointment to you. I know that this is not the outcome you were hoping for. But I hope that my explanation has been helpful in setting out clearly why I have taken this view.
However, if you disagree with how I have reached my conclusions, please write & tell me setting out yr reasons & including any evidence that you have not already provided & that you think is important to yr case. Could you pls let me know now if you plan to reply fully but do not think you will be able to meet that deadline.

9/7/12
received letter following up request for copy documentation with our client (Lloyds). When this becomes available will forward it to you. A/c is on hold and all further action has been suspended in anticipation of receiving the documents required, and will update you on developments in 21 days if there are no developments beforehand.

17/7/12
I reply with this....

dear XXXXXXXXXXXXXXXXX
with reference to your letter dated 29th june 2012, referring to my complaint about hillesden securities ltd (trading as dlc)
i understand your position regarding court proceedings because of a possible conflict in outcome, however as the legal process is over, resulting in a charging order against my property, i wish to still complain about the matter.
their haste in taking me to court, and the non-compliance with my credit card agreement request, even after their court win in which they won a charging order on my property which the judge said would be unenforceable as long as i continue to pay £1 per month. even now they still cannot provide the cca and have put my account on hold.
how could they be allowed to proceed to court without proof of the debt? i would like to point out that this account is formally in dispute with lloyds tsb and has been since they failed to acknowledge my consumer credit agreement (cca) request, in line with s.77-s.79 of the consumer credit act 1974 (cca1974). this account was sold whilst in dispute. especially due to the fact that whilst my cca request remains in default (outstanding), enforcement action is not permitted in line with s.127(3) of the cca1974.
i am upset that these debt buying/collection agencies can run to the courts and be accepted without going through the proper procedures, they appear to act as if they are the law and above reproach where in fact they are just trying to earn easy money from vulnerable who don’t understand the law and actually believe these people are working on behalf of the original creditor and not for their own self interest.
i have attached...
yours sincerely

30/7/12
received letter following up request for copy documentation with our client (Lloyds). When this becomes available will forward it to you. A/c is on hold and all further action has been suspended in anticipation of receiving the documents required, and will update you on developments in 21 days if there are no developments beforehand.

20/8/12
received letter following up request for copy documentation with our client (Lloyds). When this becomes available will forward it to you. A/c is on hold and all further action has been suspended in anticipation of receiving the documents required, and will update you on developments in 21 days if there are no developments beforehand.

**Never-In-Doubt** · 18 February 2012, 20:15

Re: Need Advice

I have now tidied your diary up and reformatted everything and removed all the caps. If you end up writing a lot and then notice it is in cap's simply drop the content into a word doc and then select it all, then simply press Shift and F3 at the same time and it switches your text from Full Case, Small Case and Normal Case.....

Saves time rewriting it all

**Lovemoney** · 18 February 2012, 20:50

Re: Need Advice

Originally posted by Never-In-Doubt View Post

I have now tidied your diary up and reformatted everything and removed all the caps. If you end up writing a lot and then notice it is in cap's simply drop the content into a word doc and then select it all, then simply press Shift and F3 at the same time and it switches your text from Full Case, Small Case and Normal Case.....

Saves time rewriting it all

Thanks Niddy

**Never-In-Doubt** · 18 February 2012, 21:57

Re: Need Advice