Lovemoney UE Diary

[Riz]

Re: Lovemoney UE Diary

19/2/2008
received Judgement for Claimant(after determination) £8429.09 by instatments of £1p/m first payment 27/3/08 and on or before this date each month until the debt has been paid.
11/4/2008
received letter from Lee Lloyd Whitley contact within 14 days for reduction settlement offer.
26/6/2008 Balance: £1365.74
received Debt Notification from Wescot Credit Services Ltd on behalf of Vertex. If failed to contact by 10/7/08 take legal action.

21/10/2009 Balance: £7464.03
Original a/c: HSBC
Agreement Date: 7/8/06.
received statement 1/10/08-20/10/09 from Phoenix Recoveries.
17/2/2010 Balance: £7456.03
received Notice of change of solicitor from Mortimer Clarke saying a/c been assigned to Phoenix Recoveries all payments made to Mortimer Clarke on behalf of Phoenix Recoveries.

Is this all the same debt in post 691?

As it goes from £8429.09 to £1365.74, then £7456.03 and THEN £8361.09?

Or is there more than one debt mixed in there?

If you have been paying £1 per month on the original CCJ amount of £8429.09 since 2008 then a current balance of £8361.09 would make sense.

[Lovemoney]

Re: Lovemoney UE Diary

HALIFAX (JOINT CURRENT A/C)
STARTED: 18/4/2006
CURRENT BALANCE: £2712 (5/6/11)
SPECIAL INSTRUCTION INDICATOR: Debt Management Programme
SPECIAL INSTRUCTION START DATE: 1/4/2009
SPECIAL INSTRUCTION END DATE: 1/11/2009
26/3/12
Overdraft CCA request sent (Blair, Oliver).
14/9/12
Letter received (19/9/12 #439) BANK OF SCOTLAND writing to notify you that bank of scotland has assigned all of its respective rights, tittle and interest in respect of the above referenced a/c (including the outstanding balance) to Cabot Financial (UK) Ltd effective 3/8/2012.The total balance sold was £2702.51, as at the date of sale 03/08/2012. Any payments made towards yr a/c after 3/8/12 will be forwarded to Cabot Financial, & will be deducted from the balance shown above.
Letter received (19/9/12 #439) CABOT FINANCIAL has recently bought the a/c you held with Bank of Scotland & we're now responsible for answering yr queries & receiving payments. According to our records you currently owe £2696.51.Your agreed monthly repayment plan with Bank of Scotland now needs to be maintained with Cabot. Pls ensure that with immediate effect all future payments are made direct to us. We regularly review the arrangements on our a/cs, including the monthly payment a/c. IMPORTANT: if, for any reason, we don't receive yr payments on time we'll cancel this arrangement. The full outstanding balance will then become due.
19/9/12
Account Sold whilst in Dispute sent. (*Refer #440)
2/10/12
Short note for request bank details from Cabot sent. (#456)
16/10/12
Letter(dated 15/10/12) from Cabot received today......(*Refer #462)
18/10/12
Bank details received. (£1 by standing order since 27/10/12)
22/10/12
Overdraft - CCA Information part 2 sent & set up s/o £1 pm. (*Refer #463 & #479)
30/10/12
Letter from Cabot received...Repaying yr A/C tnx for yr recent payment. However, there is no agreed repayment plan currently in place. The most important thing for you to do now is to get in touch with us & one of our helpful customer adivsors will discuss the options for repaying yr a/c. If you've already agreed a repayment plan, pls ignore this letter. (Refer #502 see what they send next)
13/12/12
Received letter (dated 26/11/12) from Cabot...(#546)
2/1/13 BALANCE £2693.51
Letter from Crapot received today (4/1/13).
Your outstanding debt
According to our records you currently owe £xxxx even though we have made repeated attempts to obtain yr commitment to repay this debt. It's now vital that you contact us urgently to discuss yr a/c.
If we don't hear from you
I you don't contact us to agree a suitable repayment plan we will have to move yr a/c to the next stage of our collections process.
Contactihng Cabot
The most important thing for you to do now is to get in touch with us urgently, to prevent further action being taken. Call XXXXXXXX & one of our helpful customer advisors will discuss the options for repaying yr a/c. Our aim is to help customer get their a/cs cleared-so contact us now.
7/1/13
Dear Sirs,
Ref: xxxxxxxx
I write with reference to your rather confusing and contradictory letter dated xx/xx/xxxx.
You have made the absurd claim that s.74A did not apply to accounts opened before that section passed into law and that the overdraft was not a regulated agreement, then you claim that the bank had complied with s.74B which means the overdraft was a regulated agreement after all.
Would you care to provide the information requested, before I consider referring this to the regulatory bodies for investigation into your conduct and misleading manner.
Yours faithfully, (Refer #569) sent by recorded.
22/1/13
Letter from Crapot received today (24/1/13). I refer to yr letter received in our office on 10/1. I note the comments in yr letter & have reviewed our previous correspondence in this matter. I appreciate there ay have been some confusion caused due to the legalities involved however it is the case that we are not required to comply with a request for information under section 77/78 of the CCA 1974 on a current a/c. As a result yr claims of unenforceability on this basis are incorrect. Nevertheless, pls be assured we are willing to obtain further documentation for you if that is required. Therefore I have referred yr a/c to our Customer Relations Dept. to obtain any availabe information & they will contact you accordingly. In the meantime I would recommend you maintain yr payments of £1 p/m. (refer #621&#623 £1 s/o cancelled [forgot to cancel])
1/2/13 BALANCE: £2693.51
Letter from Crapot LIMITED OFFER Repaying yr a/c-our offer to you If you respond within the next 30 days from the date of this letter, we are able to offer you a discount of up to 30%* to settle yr a/c. If you'd like to take advantage of this offer, pls contact us immendiately. Alternatively, we may be able to offer you an attractive repayment plan which will enable you to repay yr outstanding balance within 5 yrs. The most important thing for you to do now is to get in touch with us immediately.
27/2/13 BALANCE: £2692.51
Letter fromCABOTreceived today (7/3/13).Further to our previous correspondence. We have obtained a copy of the statements of a/c & have enclosed these for yr attention. Once you have reviewed this document we request you contact us within 28 days to discuss yr query further. We look forward to hearing from you. We have placed the a/c on hold for a period of 30 days. Howeverm should we fail to hear from you this may result in the a/c being returned to our Collections Department. refer #680 see what they send next.

4/4/13 BALANCE: £2690.51
Letter from Crapot received today (11/4/13). Your outstanding debt According to our records you currently owe £2690.51 even though we have made repeated attempts to obtain yr commitment to repay this debt. It's now vital that you contact us urgently to discuss yr a/c. If we don't hear from you If you don't conatact us to agree a suitable repayment plan we will have to move yr a/c to the next stage of our collections process. Contacting Cabot The most important thing for you to do now is to get in touch with us urgently, to prevent further action being taken. Call XXXXXXXXXXX & one of our helpful customer advisors will discuss the options for repaying yr a/c. Our aim is to help customers get their a/cs cleared-so contact us now.
12/4/13
Overdraft - CCA Information part 2 sent by recorded. (*Refer #697 & #699)
22/4/13 BALANCE: £2690.51
Letter from CABOT received (25/4/13). We have had a look at the length of yr currently repayment plan with us & can clearly see that the plan in conjuction with yr age will be paying this a/c back to us for more than 15 yrs. Appreciate this is not an ideal situation. So we would like to help you be free of this a/c within a few mnths proposing to accept a lower amount to clear the amount. If you could find the money to repay £1345.26 then we will accept this as payment to clear the a/c in full yr mnthly payments can then cease. Ideally needs to be pd over the next few wks but if you do feel that you need more time then we can work with you to arrange this. If you would like take advantage of our offer then pls call us within next 14 days.
24/4/13 BALANCE: £2690.51
Letter from CABOT received (4/5/13). Your letter dated 12/4 the contents have been duly noted. We can confirm that we sent statements to you in respect of this a/c on 28/2/13. We would also draw yr attention to our letter, dated 15/10/12, in which we advised you that there is no need for CABOT or Bank of Scotland to provide a copy of yr credit agreement under the CCA is set out in section 74(1)(b). Therefore, we believe yr comments regarding the enforceability of the credit agreement to be irrelevand. We can confirm that ur a/c remains with our Collection Dept. & it is important that you contact them within 30 days from the date of this letter to discuss yr repayment options. If we do not hear from you within this timescale, yr a/c may be escalated within our Collection process. refer #723 ignore it for now, £1 s/o cancelled.

UPDATE...
31/5/13 BALANCE: £2689.51
Letter from FIRE [FINANCIAL INVESTIGATIONS & RECOVERIES (EUROPE) LTD] received (7/6/13). Due to yr failure to pay the above debt, FIRE has been instructed by our client, CABOT, to recover the full outstanding balance on yr a/c. -This notice is issued for non-payment of the above debt. -Failure to pay yr debt will result in further recovery action. -PAYMENT IN FULL IS REQUIRED IMMEDIATELY. You must now contact one of our agents in our Recovery Dept.
Any advice will be appreciated...

[Lovemoney]

Re: Lovemoney UE Diary

EGG (CREDIT CARD)
ACCOUNT SOLD TO CAPQUEST & AKTIV KAPITAL
BALANCE: £11344.81
HUSBANDS
26/3/12
sent cca request.
18/5/12
cca received emailed (on the cover letter saying whilst we wait on your response, please be advised that this a/c remains on hold).
22/5/12
Niddy says based on the fact it's a damn good recon by the looks of it is
however that said it still isn't signed or anything so definitely
worth blagging by sending MPT letter.
22/5/12
MPT letter send. (#208 advice carry on paying £1)
28/5/12 Balance £11322.81
reply saying refer to further information regarding agreement will contact the original creditor to provide the information that you require in an effort to resolve this matter. Due to the fact that we have to try to obtain documents from the OC we may be unable to do so, yr a/c is on hold and has been removed from the collection process whilst we await the requested information.
28/7/12
received letter from Aktiv Kapital refer to previous communications, would like to confirm that we are still waiting for information to be supplied to ourselves in order to resolve yr query. Your a/c continues to remain on hold, whilst we await this information.
20/9/12
Letter from Aktiv Kapital received today (27/9/12) refer to previous communications, would like to confirm that we are still waiting for information to be supplied to ourselves in order to resolve yr query. Your a/c continues to remain on hold, whilst we await this information.
20/10/12
Letter from Aktiv Kapital received today (25/10/12) refer to previous communications, would like to confirm that we are still waiting for information to be supplied to ourselves from the original creditor. This information is required by ourselves in order to resolve yr query. Your a/c continues to remain on hold, whilst we await this information. Just file it. *refer #484
13/12/12
Letter from Aktiv Kapital received today (17/12/12) refer to previous communications, would like to confirm that we are still waiting for information to be supplied to ourselves from the original creditor. This information is required by ourselves in order to resolve yr query. Your a/c continues to remain on hold. Should you require any additional information pls contact our Customer Service Department on XXXXXXXXXXX.
12/1/13
Letter from Aktiv Kapital received (16/1/13) like to confirm to you that we are still waiting for information to be supplied to ourselves from the original creditor. This information is required by ourselves in order to resolve yr query. Yr a/c with us continues to remain on hold, whilst we await this information. Should you require any additional information pls contact our Customer Service Department on XXXXXXXXXXX. (Refer #618 £1 S/O cancelled 17/1/13)
5/2/13
Letter from Aktiv Kapital received today(18/2/13). We write following yr recent communication regarding the above mentioned a/c. In order to resolve this matter, we contacted the original creditor requesting documentation pertaining to the above a/c. In view of the age this a/c however, they are no longer able to supply the documents requested & we therefore request yr proposals by return.
7/4/13
Letter from Aktiv Kapital received (12/4/13) like to confirm to you that we are still waiting for information to be supplied to ourselves from the original creditor. This information is required by ourselves in order to resolve yr query. Yr a/c with us continues to remain on hold, whilst we await this information. Should you require any additional information pls contact our Customer Service Department on XXXXXXXXXXX.

UPDATE...

2/6/13
Letter from Aktiv Kapital received (6/6/13) like to confirm to you that we are still waiting for information to be supplied to ourselves from the original creditor. This information is required by ourselves in order to resolve yr query. Yr a/c with us continues to remain on hold, whilst we await this information. Should you require any additional information pls contact our Customer Service Department on XXXXXXXXXXX.
Filed...

[ScabHunter]

Re: Lovemoney UE Diary

This is just routine. I've had that exact same letter and just ignored it. FIRE (Facetious Irrelevant Rubbish Emitted) is part of Crapbot so this case hasn't even been assigned.

However, if they want to play silly games and pretend to be another organisation, you can play them at their own game by sending another SWID letter. Here is one specially adapted for overdrafts -

allaboutFORUMS - View Single Post - spent2much UE diary

SH

[Pixie]

Re: Lovemoney UE Diary

I would send SH's overdraft Sold While in Dispute letter to FIRE. I think you can find it on Spent2much's diary. (on my tsblet and I haven't found out how to copy and paste links yet)

[Lovemoney]

Re: Lovemoney UE Diary

SH & Pixie

Thank you both for the prompt replys...will send as suggested....

[Lovemoney]

Re: Need Advice

CAPITAL ONE (CREDIT CARD)
START DATE: 7/4/2005
DEFAULT BALANCE: £1821
DEFAULT ON: 27/4/2009
5/3/12
sent cca request.
13/3/12
received reply saying under S78 to provide with a copyof executed agreement. It was confirmed by the Judgement of his Honour Judge Waksman QC in Carey v HSBC[2009]3417(QB) that providing a reconstituted copy of agreement is compliant with S78 no requirement under the CCA to provide with a photocopy of the original signed agreement. Received photocopy Original Agreement & Defaulted Agreement (Emailed Niddy).
Niddy says

19/3/12
A/c due to review required income & expenditure with some proofs.
26/3/12
Missing Prescribed Term letter sent.
2/4/12
required income & expenditure with some proofs have not received, need response within 14 days. If not previously been issued with a default may serve default notice requesting the total arrears to be paid immediately or a/c defaulted may pass tp debt collection agencyto recover the full outstanding balance. # ADVISED IGNORE & NO PAYMENT #
24/5/12
received letter from FREDRICKSON INTERNATIONAL LTD....DO NOT IGNORE IMMEDIATE PAYMENT REQUIRED. Has been instructed by Capital One who have passed this a/c to us for collection of the outstanding balance. Our client now requires payment in full (£1785.43)to avoid further action.
7/6/12
received legal action threat letter from FREDRICKSON INTERNATIONAL LTD....LETTER BEFORE ACTION. This debt must be paid in full to these office within the next 7days otherwise will take immediate action ie..issue proceedings in County Court (or the Sheriff Court aws may be appropriate).
8/6/12
Threat by Creditor - To Commence Litigation template send
18/6/12
got a reply from FREDRICKSON INTERNATIONAL LTD saying thank you for yr communication regarding this a/c. We have referred the matter to our client & will revert to you as soon as we are in receipt of instructions. We confirm that we have placed the a/c on hold.
22/6/12
received letter from FREDRICKSON INTERNATIONAL LTD further to the previous correspondence documentation. We have taken our client's instructions and have been advised that they complied with your request on the 12/4/2012. Therefore, please forward your proposals for payment to discharge the above outstanding balance.
3/7/12
received letter from Bryan Cartar Solicitors LLP with regard to the outstanding debt. Payment must be made in full within the next fourteen days failing which we will recommend to our client that proceedings be issued without further notice. And additional charges will be added to the exisiting balance. If you dispute liability for this debt please state your reasons in writing & supply us with documents in support of your defence to any claim. Before the a/c is referred to us to litigate you still have an opportunity to contact FREDRICKSON INTERNATIONAL LTD with your payment proposals. (refer: #304)
9/7/12
Templates | Unenforceability Templates | Threat by Creditor - To Commence Litigation 13/7/12 sent by recorded.
18/7/12
received letter from FREDRICKSON INTERNATIONAL LTD thank you for your communication regarding this a/c. We have referred the matter to our client & will revert to you asap we are in receipt of instruction. In the meantime, we confirm that we have placed the a/c on hold.
13/8/12
received letter from CAPITAL ONE...(refer #387) *see what they send next #389*
24/10/12
Letter from FREDRICKSON INTERNATIONAL LTD today (25/10/12). We confirm we have referred this matter to our client & they have advised that yr complaint has now been resolved & the agreement is enforceable. As we are instructed in relation to the a/c, we would be grateful if you could contact us to set up a payment arrangement.
29/10/12
Unenforceability Templates | CCA Query - Creditor Refusal to Accept UE Status sent. *Refer #481
6/11/12 BALANCE £1785.45
Letter from FREDRICKSON INTERNATIONAL LTD received today (07/11/12). We thank you for yr letter 29/10/12, if you require documentation pursuant to section 77-79 of CCA 1974 you must request this edirect from our client with the statuory fee £1.00. We have placed yr a/c on hold for a period of 14 days to allow you time to make yr request after this time debt collection activity on this a/c may resume.
12/11/12
A one liner................5/3/12 sent cca request. (sent by recorded Refer #505)
21/11/12
Letter from FREDRICKSON INTERNATIONAL LTD received today (23/11/12). Despit a recent letter from Bryan Carter Solicitors you have failed to discharge yr debt with our client CAPITAL ONE. We are prepared to offer you one final opportunity to pay before recommending to our client that they instruct solicitors to issue a claim at: (my address). At this late stage, & as a gesture of goodwill, we are prepared to accept a full & final settlement on this a/c provided that you contact us within 48 hrs of receipt of this letter (). Pls note that on settlement of a debtk whether fully or partially settled, the original payment history will remain on yr credit file. If there is a default registered on yr file & you pay a final settlement, the default will be amended to reflect that it has been partially settled & yr credit file will be improved. This information will remain on yr file for six yrs from the date the default was registered. Payment can be made by debit or credit card.
26/11/12
Letter sent by recorded. *Refer #525
5/12/12
Received letter (dated 3/12/12) from FREDRICKSON. We have recently been in contact with you regarding an outstanding debt due to our client. You informed us that you believe that the information in respect of this debt is incorrect. We have provided details of yr dispute to our client & have now received a response from them which indicates that the debt details are correct. We would very much like to discuss this matter with you further. Pls can you telephone us, within the next 7 days, on XXXXXXXXXXXX.
16/2/13
Received letter (dated 7/2/13) from CAPITAL ONE.
PLEASE BE AWARE: Yr a/c has moved I am writing to advise you that yr a/c is no longer being managed by the Debt Collection Agency who were acting on behalf of CAPITAL ONE.
Please work with us to reduce yr debt It is important that you continue to make payments to yr a/c. Payments should be made directly to CAPITAL ONE unless otherwise notified. Pls see attached for payment method.
Already settled? Pls disregard this letter if you have agreed a settlement figure with the Debt Collection Agency & have made that payment.
Have questions or need help? If you have any questions, pls call us on XXXXXXXX. We are here xxx-xxx.
With a third party debt management company? If yr a/c is being managed by an authorised third party (eg, relative, Debt Management Co) pls ensure that you update them with this information & show them this letter asap so that payments are not delayed in reaching yr a/c. refer #656&#657 ignore for now & just to see what they send next.
16/4/13
Letter from CAPITAL ONE received today (19/4/13). Sold yr a/c to LOWELL PORTFOLIO on xx/x/xx, All contact about yr a/c should now be with LOWELL PORTFOLIO will write to you to provide details of how they can be contacted & how payment can be made. LOWELL PORTFOLIO will start reporting against your credit file within 30 days of you receiving this letter. If yr a/c is being managed by an authorised third party for example a relative or a Debt Management Co. pls ensure that you update them with this information & show them this letter. The outstanding balance on yr a/c as at xx/x/xx was £1785.43 & this balance will be passed along with any payments or spend to LOWELL PORTFOLIO.
2/5/13
Email from LOWELL PORTFOLIO received. We wrote to you recently regarding yr debt that has been sold to LOWELL PORTFOLIO by Capital One. Has asked us to collect the debt on their behalf. Make us an offer! We want to help, willing to listen to any arrangement offer you can realistically afford to help repay the outstanding balance. The repayment can be weekly or monthly, whichever suits you best. When yr balance is cleared, will update the credit reference agencies to reflect this on yr credit file. When you enter into a repayment arrangement with us, it should give you some comfort knowing you are getting yr finances back on track. As long as you make yr agreed repayments on time, you will not receive further phone calls & letters from us or any third party debt collectors appointed by us & we will not take further action against you to recover the debt. Pls call XXXX today to discuss an affordable repayment plan. If you would prefer to pay online you call set up a D/D in the comfort of yr own home without the need to speak to anyone, remenber we will accept yr offer of monthly payment. (don't know how they got my email address from)
1/5/13
Letter from LOWELL PORTFOLIO received (4/5/13). We're here to help you get yr a/c up to date wrote recently to let you know they have bought the outstanding balance you had with CAPITAL ONE. You have not yet cleared the outstanding balance or entered into a repayment plan, so they have asked us to get in touch. We can help you clear this outstanding balance & repaying yr debt may help to improve yr credit rating. What you need to do now It's very important that you do 1. Pay us in full... 2. Contact us to talk about a convenient way for you to pay. Based on yr current financial circumstances, we will be able to offer a repayment plan that works for you. refer #724&#725
13/5/13
Account sold while in dispute (dated 7/5/2013) sent by recorded.
16/5/13
Letter from LOWELL PORTFOLIO. We still haven't agreed a repayment plan for the outstanding balance you have with us. The longer you leave getting in touch or paying off the balancem the more you risk further action being taken against you including legal action. We may also ask one of our agents to arrange a time to visit you at home to discuss yr a/c & repayment of yr debt if we don't hear from you. So pls phone us.
24/5/13
Letter from LOWELL PORTFOLIO received (31/5/13). I confirm that yr complaint has now been to the Customer Relations Dept. who will carry out a thorough investigation. We will investigate this as quickly as we can but we may need to contact you for further information or to provide you with an update. If we can contact you by telephone, we will able to discuss yr concerns directly with you & hopefully agree a resolution with you verbally. This is the quickest & easiest way for us to resolve this for you. I would like to assure you that the a/c will be placed on hold, & we will stop all collections activity whilst dealing with yr complaint.

UPDATE...

17/6/13
Letter from LOWELL PORTFOLIO received (19/6/13). Following on from our previous letter in acknowldegement of yr complaint, we are writing again to advise we are still investigating the details of yr concerns. Unfortunately, we have not yet completed the investiagation that will allow us to respond fully. Pls accept our apologies for the delay & thank you for yr patient. Be assured that we will write to you again asap but no later than 8 wks from the date we received yr complaint.
filed...

[Lovemoney]

Re: Need Advice

TESCO (CREDIT CARD)
STARTED: 17/6/2005
CREDIT LIMIT: £1750
CURRENT BALANCE: £1703
DEFAULT BALANCE: £1771.00 (10/07/2006)
HISTORY
20/2/2012
cca request sent
26/3/2012
received cca request returned because the letter unsigned and require signature then can proceed(letter stamp received 7/3/12). Payment arrangement plan for review request proposals for increasing the mnthly repayments. CCA request resent.
4/5/2012
CCA received emailed to Niddy. Niddy says THANKS will be sending MPT letter.
4/5/2012
MPT letter sent.
30/1/2013 BALANCE: £1700.16
Letter from Tesco Bank received today (1/2/13). You must pay yr credit card balance now. You have been issued with a Termination Notice on yr Tesco Bank credit card & yr a/c has been passed to our Recoveries team. To avoid any further action, pls make a payment now.
How to pay
Debit Card - call us on XXXXXXXXXXX
Cheque - send the cheque to Credit Card Recoveries.....
Need help?
If you cannot make this payment right away, you must call us immediately on XXXXXXX.
4/2/2013
Our Templates | Unenforceability Templates | Final Response - Unenforceability (CCA Received) sent by recorded.
18/2/2013
Letter from Tesco Bank received today (21/2/13). You still haven't paid yr credit card balance, But it's not too late. We recently wrote to you, remninding you to repay the amount due on yr a/c. However, you still haven't made a payment or agreed a repayment plan. What hapens now? As you have not made any payments, we will consinder taking further action. This could mean passing yr a/c to an external Debt Collection Agency, who will contact you & may visit yr home to collect the debt in person. Depending onb the amnount you owe, it could also include legal action against you to get the money back. However, we would much rather agree a more satisfactory arrangement with you. Pls call us. What you need to do It's vital that you take immediated action to pay the amount owed to avoid further action. You can make yr payment by: XXXXXXXXXXXXXXXX. We prefer not to take this action, but if we do not hear from you we have no alternative. Pls contact us immediately on xxxxxxx to discuss repayment of yr debt. (refer #664 see what they do next)
28/2/2013
Letter from Tesco Bank received today (4/3/13). We are considering legal action to recover your debt Despite writing to you several times, you have still not paid off yr credit card balance or made a repayment arrangement with us. We are now considering commencing court proceedings against you to recover this debt. What this could mean A County Court Judgment could be granted against you. This is likely to affect your ability to obtain credit in the future. You may also be liable for court costs. If we obtain a judgement & you still don't pay we may ask the court to enforce the debt against you. This could mean: *A legal document being served on yr employer which forces them to regularly take an amount of money from yr wage to pay yr outstanding debt to us (this depends on the number of hrs you work) *If you are a homeowner, we may ask the court for a charging order over yr home. If we have a charging order & yr home is sold (through repossession or for any other reason), we may look to any available sale proceeds to help pay the sums you owe to us. We would prefer come to an arrangement with you to settle this debt. Pls call ua immediately on XXXXXXXXX to discuss a repayment plan. Line are open XXXXXXXXX. refer #676
6/3/2013
Resend a photocopy Our Templates | Unenforceability Templates | Final Response - Unenforceability (CCA Received) with a cover note saying I am concerned that you are threatening legal action when you have failed to reply re problems with the agreement you supplied, outlined in my letter of 4/2/2013, a copy of which is enclosed. By recorded.
19/3/2013
Letter from Tesco Bank received today (22/3/13) Further action to recover yr debt Due to the absence of an acceptable repayment arrangement & despite several attempts to contact you to discuss this matter, we will shortly commence further action against you to recover the debt. This is likely to mean passing yr a/c to an external Debt Collection Agency, who will contact you & may visit yr home to collect the debt in person. Depending on the amount you owe, it could also include legal action against you to get the money back. However, we would much rather agree a more satisfactory arrangement with you. Pls call us urgently. Act immediately & stop further action - make a payment now You have 1 final opportunity to make a payment. Pls act now. You can pay by: XXXXXXXXXX. What happens if you don't pay If you don't make a payment or agree to a repayment plan within 7 days, we will commence further action against you. Need help? If you need to discuss yr situation, pls call us XXXXXXXXXXX. refer #686
8/4/2013
Letter from Tesco Bank received today (10/4/13) Important-you must take action-call us today on XXXXXXXXXXXXX Despite previous correspondence & our repeated attempts to try & reach an arrangement with you regarding the above debt, it still remains outstanding. We will shortly have no alternative but to seek the assistance of a Debt Collection Agency or, if appropriate, commence legal proceedings against you for recovery of the debt. What you need to do You have one final opportunity to make an acceptable offer of repayment. You must do this within the next 7 days. Call us on XXXXXXXXXXX to pay. Lines are open XXXXXXXX. Are you in financial difficulties? Contact us immediately if, due to financial difficulties or a change in circumstances, you cannot pay the full debt within the next 7 days. There is no need to panic. Call XXXXXXXto speak to one of our experienced advisors. They will listen sympathetically & help you think about yr options. We have helped lots of people in yr situation in the past. refer #697
26/4/2013
Letter from Wescot received (29/4/13) We have been instructed by our client (Tesco Bank) to collect the outstanding balance £xxxx.xx on their behalf. Pls contact us asap as failure to do so will result in further recovery action.
30/4/2013
Templates | Unenforceability Templates | Account Sold whilst in Dispute sent by recorded. refer #720
8/5/2013
Letter from Wescot received today (13/5/2013). We acknowledge that you have raised a query on this a/c & we would like to confirm to you how this will be investigated. WHAT WILL HAPPEN? We will suspend all collections activity on the above a/c whilst the matter is under investigation. This means that we will not write to you, or telephone ou in pursuit of the a/c whilst it is being investigated. However, we may need to contact you if we require further details or wish to clarify any information that you have provided to us. As our investigation of yr query will require us to contact our client, this process may be take several wks. We would appreciate yr patient during this time. Upon concluding our investigation, we will contact you again. WHAT CAN YOU DO? If further information to help us investigate or resolve the query can be provided, we would be grateful. If you wish to contact us to discuss the matter.

UPDATE...

14/6/2013
Letter from Wescot received today (18/6/2013). We refer to yr recent communication where you raised a dispute on this a/c. Thank you for yr patience & we can confirm that we are awaiting further information from our client before this issue can be resolved, we will be in touch with you in due course.
Filed...would see what they send next.......

[Lovemoney]

Re: Lovemoney UE Diary

LLOYDS TSB (CREDIT CARD)
HUSBANDS
26/3/12
cca request sent DLC (latest dca).
18/4/12
received reply (but letter dated 2/4/12) saying still awaiting from original lender (Lloyds) when these become available will be forwarded to me. If unable to forward original agreement will be able to supply a true copy which comply with section 77-79 of the Consumer Credit Act 1974 rulling in the case of McGuffick V RBS judgement dated 6/10/09 in relation to "what is considered enforcement", the judgement stated that the bringing of proceedings is not enforcement. It follows that demanding payment is step taken prior to the commencement of proceedings & therefore not considered enforcement. We will continue to report the account status to the CRA as this is also not considered as enforcement. Whilst may not be able to enforce the agreement until the documentation is provided, the monies remain outstanding and ther underlying obligation to repay remains intact. In view the above judgement a/c remain with collection department for collections activity to continue. will update on developments in 21 days if there are no developments beforehand. Refer #138 just keep a hold of that letter & wait & see what happens next
10/1/13
Received annual statement of a/c £403.77 from dlc.
1/2/13
Letter from DLC received today (6/2/13). ARREARS NOTIFICATION...you have not kept to the arrangement that we agreed for repaying yr debt, and are now in arrears of £403.77. Pls settle yr arrears without delay, to avoid possible legal action. If for any reason you are unable to make payment, or would like to re-negotiate the payment plan, pls telephone us to discuss the matter. We want to reassure you that we're fully aware of the financial difficulties that you may be facing during this difficult period. and have embraced a policy of fair & realistic treatment for all for our customer.
27/2/13
Letter from DLC We are following up yr request for a copy of the original documentation (CCA) with the original lender. When this becomes available we will forward a copy to you. Should you require anything further at this point pls contact me. I will update you on developments in 21 days if there are no developments beforehand.
1/2/13
Letter from DLC We have chosen to send you this letter as someone who may be struggling to manage yr credit commitment. One of the impacts of the "credit crunch" has been an individual's ability to obtain credit, particularly mortgages, with lenders scrutinising applicants' credit history & payment records much closer. In the future, credit is only likely to be available to individuals with good credit history or those that can display positive efforts to pay off their defaulted a/c. Therefore we can offer you a choice of two options to improve yr situation: £10 per mnth by d/debit OR If you pay 75% of the balance within 21 days, we will write off the remaining balance or alternatively contact us on XXXXXXXX to discuss other repayment options. Our re-payment plans are subject to regular review. If you would like to discuss what other opportunities are available to you to settle the outstanding balance pls call or email us.

10/4/13
Letter from DLC received (4/5/13). We are following up yr request for a copy of the original documentation (CCA) with the original lender. When this becomes available we will forward a copy to you. Should you require anything further at this point pls contact me. I will update you on developments in 21 days if there are no developments beforehand.
12/4/13
Letter from DLC We have managing yr a/c since xx/x/xx. You have been making regular payments, but yr balance is still outstanding. To assist you in clearing the remaining balance in the shortest possible time, we would ask that you contact one of our telephone negotiators to discuss a revised payment plan. We maybe able to offer a discount for early settlement, allowing an early update of any entries registered by DLC with the CRA, Upon payment of any settlement balance the entries will be updated as 'partially settled' this would have a positive impact on this particular entry registered on yr credit file. Your current repayment plan has reached the end of its term & it is therefore important that you respond to this letter. Failure to do so could result in the withdrawal of instalments rights on this a/c.
1/5/13
Letter from DLC received (4/5/13). We are following up yr request for a copy of the original documentation (CCA) with the original lender. When this becomes available we will forward a copy to you. Should you require anything further at this point pls contact me. I will update you on developments in 21 days if there are no developments beforehand. refer #723 ignore
22/5/13
Letter from DLC received. We are following up yr request for a copy of the original documentation (CCA) with the original lender. When this becomes available we will forward a copy to you. Should you require anything further at this point pls contact me. I will update you on developments in 21 days if there are no developments beforehand.
30/5/13 BALANCE: £403.77
Letter from MDB LTD (MERCANTILE DATA BUREAU) received (4/5/13). I have been instructed by DLC an associated company of MDB Ltd, to contact you about the unpaid debt. Yr a/c has been transferred to me due to yr continued failure to discharge yr current liability. All future contact relating to yr a/c should now be with me. I would like to give you the opportunity to discuss yr a/c with me before we undertake any action with yr a/c. I will take into consideration yr current financial circumstances & outline the many options available to help resolve this matter. I urge you to contact me today to conclude this matter as quickly as possible.

5/6/13
Account Sold whilst in Dispute sent (MBD) by recorded.

11/6/13
Letter from DLC received. We are following up yr request for a copy of the original documentation (CCA) with the original lender. When this becomes available we will forward a copy to you. Should you require anything further at this point pls contact me. I will update you on developments in 21 days if there are no developments beforehand.

UPDATE...

18/6/13
Letter from DLC received (21/6/13). Thank you for yr letter dated 5/6 regarding the above a/c, which has been referred to me by our appointed agent MDB. Hillesden as DLC acquired the above a/c from Lloyds on 28/1/11. We recently appointed our agent MDB to collect the a/c balance on behalf. We received yr CCA request in our office on 30/3/12 & a letter was sent to you at that time to acknowledge receipt of yr request. We referred to Lloyds for a copy of the a/c documentation & still await receipt of this. Pls note that the purpose of a CCA request is to provide information about the a/c to the customer & is not to prove a properly executed agreement exist or to be used as tool to withhold payment. Pls find enclosed a copy of the statement of a/c from our systems showing payment we have received on the a/c up to 28/12/12. Due to this, we assume yr liability ion this matter is not in question. we deny that any harassment has taken place within the meaning of section 1 of the Protection from Harassment Act 1997 or under section 40 of the Administration of Justice Act 1970. It is entirely reasonable for us, as the creditor, to communicate directly with the customer in relation to the repayment of an agreement entered into, especially where the customer is not legally represented. Of course, where a customer is legally represented we do communicate with the solicitors directly. Whilst we may not be able to enforce the agreement at this time, the monies remain outstanding. The agreement or any monies pd has not been made illegal or void because of our current failure to supply a copy of the original agreement. We are prevented from taking steps to enforce the credit agreement but the underlying obligation to repay, remains intact. Pls contact our appointed agent to arrange further payments to the a/c. Should you be experiencing financial hardship at this time, pls provide our agent with details of yr current monthly I&E so an appropriate payment plan can be agreed. We would like to take this opportunity to advise that all our agents are trained to understand & empathise with our customer' financial difficulties & work to a policy of fair & realistic treatment for all.
Any advice will be appreciated...

[Still Waving]

Re: Need Advice

[/COLOR][/COLOR][/SIZE]
UPDATE...

17/6/13
Letter from LOWELL PORTFOLIO received (19/6/13). Following on from our previous letter in acknowldegement of yr complaint, we are writing again to advise we are still investigating the details of yr concerns. Unfortunately, we have not yet completed the investiagation that will allow us to respond fully. Pls accept our apologies for the delay & thank you for yr patient. Be assured that we will write to you again asap but no later than 8 wks from the date we received yr complaint.
filed...

Hi Lovemoney
Still watching with interest as my Cap1 was taken back in house from Freds a while ago, and I've been awaiting their next move. Looks like it will be Lowell.

[SXGuy]

Re: Lovemoney UE Diary

UPDATE...

18/6/13
Letter from DLC received (21/6/13).

Id ignore for now, standard letter DLC send out.

[Lovemoney]

Re: Lovemoney UE Diary

Id ignore for now, standard letter DLC send out.

will do...

[ken100464]

Re: Need Advice

Hi Lovemoney
Still watching with interest as my Cap1 was taken back in house from Freds a while ago, and I've been awaiting their next move. Looks like it will be Lowell.

Freds are Lowell now as the parent company Interlaken was bought out by Lowells in May.

Think alot of accounts will be passing between these two as a matter of course now.

[The Tech Clerk]

Re: Need Advice

Freds are Lowell now as the parent company Interlaken was bought out by Lowells in May.

Think alot of accounts will be passing between these two as a matter of course now.

One for the non- monopolies Commission?

Talk about creating empires, lessons to be learned = look what is happening in other countries, when enough is enough!

[Lovemoney]

Re: Lovemoney UE Diary

LLOYDS TSB (CREDIT CARD)
HUSBANDS
26/3/12
cca request sent DLC (latest dca).
18/4/12
received reply (but letter dated 2/4/12) saying still awaiting from original lender (Lloyds) when these become available will be forwarded to me. If unable to forward original agreement will be able to supply a true copy which comply with section 77-79 of the Consumer Credit Act 1974 rulling in the case of McGuffick V RBS judgement dated 6/10/09 in relation to "what is considered enforcement", the judgement stated that the bringing of proceedings is not enforcement. It follows that demanding payment is step taken prior to the commencement of proceedings & therefore not considered enforcement. We will continue to report the account status to the CRA as this is also not considered as enforcement. Whilst may not be able to enforce the agreement until the documentation is provided, the monies remain outstanding and ther underlying obligation to repay remains intact. In view the above judgement a/c remain with collection department for collections activity to continue. will update on developments in 21 days if there are no developments beforehand. Refer #138 just keep a hold of that letter & wait & see what happens next
10/1/13
Received annual statement of a/c £403.77 from dlc.
1/2/13
Letter from DLC received today (6/2/13). ARREARS NOTIFICATION...you have not kept to the arrangement that we agreed for repaying yr debt, and are now in arrears of £403.77. Pls settle yr arrears without delay, to avoid possible legal action. If for any reason you are unable to make payment, or would like to re-negotiate the payment plan, pls telephone us to discuss the matter. We want to reassure you that we're fully aware of the financial difficulties that you may be facing during this difficult period. and have embraced a policy of fair & realistic treatment for all for our customer.
27/2/13
Letter from DLC We are following up yr request for a copy of the original documentation (CCA) with the original lender. When this becomes available we will forward a copy to you. Should you require anything further at this point pls contact me. I will update you on developments in 21 days if there are no developments beforehand.
1/2/13
Letter from DLC We have chosen to send you this letter as someone who may be struggling to manage yr credit commitment. One of the impacts of the "credit crunch" has been an individual's ability to obtain credit, particularly mortgages, with lenders scrutinising applicants' credit history & payment records much closer. In the future, credit is only likely to be available to individuals with good credit history or those that can display positive efforts to pay off their defaulted a/c. Therefore we can offer you a choice of two options to improve yr situation: £10 per mnth by d/debit OR If you pay 75% of the balance within 21 days, we will write off the remaining balance or alternatively contact us on XXXXXXXX to discuss other repayment options. Our re-payment plans are subject to regular review. If you would like to discuss what other opportunities are available to you to settle the outstanding balance pls call or email us.
10/4/13
Letter from DLC received (4/5/13). We are following up yr request for a copy of the original documentation (CCA) with the original lender. When this becomes available we will forward a copy to you. Should you require anything further at this point pls contact me. I will update you on developments in 21 days if there are no developments beforehand.
12/4/13
Letter from DLC We have managing yr a/c since xx/x/xx. You have been making regular payments, but yr balance is still outstanding. To assist you in clearing the remaining balance in the shortest possible time, we would ask that you contact one of our telephone negotiators to discuss a revised payment plan. We maybe able to offer a discount for early settlement, allowing an early update of any entries registered by DLC with the CRA, Upon payment of any settlement balance the entries will be updated as 'partially settled' this would have a positive impact on this particular entry registered on yr credit file. Your current repayment plan has reached the end of its term & it is therefore important that you respond to this letter. Failure to do so could result in the withdrawal of instalments rights on this a/c.
1/5/13
Letter from DLC received (4/5/13). We are following up yr request for a copy of the original documentation (CCA) with the original lender. When this becomes available we will forward a copy to you. Should you require anything further at this point pls contact me. I will update you on developments in 21 days if there are no developments beforehand. refer #723 ignore
22/5/13
Letter from DLC received. We are following up yr request for a copy of the original documentation (CCA) with the original lender. When this becomes available we will forward a copy to you. Should you require anything further at this point pls contact me. I will update you on developments in 21 days if there are no developments beforehand.
30/5/13 BALANCE: £403.77
Letter from MDB LTD (MERCANTILE DATA BUREAU) received (4/5/13). I have been instructed by DLC an associated company of MDB Ltd, to contact you about the unpaid debt. Yr a/c has been transferred to me due to yr continued failure to discharge yr current liability. All future contact relating to yr a/c should now be with me. I would like to give you the opportunity to discuss yr a/c with me before we undertake any action with yr a/c. I will take into consideration yr current financial circumstances & outline the many options available to help resolve this matter. I urge you to contact me today to conclude this matter as quickly as possible.
5/6/13
Account Sold whilst in Dispute sent (MBD) by recorded.
11/6/13
Letter from DLC received. We are following up yr request for a copy of the original documentation (CCA) with the original lender. When this becomes available we will forward a copy to you. Should you require anything further at this point pls contact me. I will update you on developments in 21 days if there are no developments beforehand.
18/6/13
Letter from DLC received (21/6/13). Thank you for yr letter dated 5/6 regarding the above a/c, which has been referred to me by our appointed agent MDB. Hillesden as DLC acquired the above a/c from Lloyds on 28/1/11. We recently appointed our agent MDB to collect the a/c balance on behalf. We received yr CCA request in our office on 30/3/12 & a letter was sent to you at that time to acknowledge receipt of yr request. We referred to Lloyds for a copy of the a/c documentation & still await receipt of this. Pls note that the purpose of a CCA request is to provide information about the a/c to the customer & is not to prove a properly executed agreement exist or to be used as tool to withhold payment. Pls find enclosed a copy of the statement of a/c from our systems showing payment we have received on the a/c up to 28/12/12. Due to this, we assume yr liability ion this matter is not in question. we deny that any harassment has taken place within the meaning of section 1 of the Protection from Harassment Act 1997 or under section 40 of the Administration of Justice Act 1970. It is entirely reasonable for us, as the creditor, to communicate directly with the customer in relation to the repayment of an agreement entered into, especially where the customer is not legally represented. Of course, where a customer is legally represented we do communicate with the solicitors directly. Whilst we may not be able to enforce the agreement at this time, the monies remain outstanding. The agreement or any monies pd has not been made illegal or void because of our current failure to supply a copy of the original agreement. We are prevented from taking steps to enforce the credit agreement but the underlying obligation to repay, remains intact. Pls contact our appointed agent to arrange further payments to the a/c. Should you be experiencing financial hardship at this time, pls provide our agent with details of yr current monthly I&E so an appropriate payment plan can be agreed. We would like to take this opportunity to advise that all our agents are trained to understand & empathise with our customer' financial difficulties & work to a policy of fair & realistic treatment for all. refer #716 ignore for now

Further update...
19/6/13
Letter from MDB received. Unfortunately I have not had a response to my recent letter. This is disappointing as I wanted to give you the opportunity to resolve this matter without the need for a further third party to become involved. Part of my a/c management process involves profilling a/c to pass to doorstep specialists, who may arrange to visit yr home. However, should my enquiries show that you are a home owner or employed/self employed, a third party may be instructed immediately to begin further collection activity. I assume you would rather this together with the additional costs, and therefore strongly advise to ring me today on XXXXXXXXX.