Lovemoney UE Diary

[Miss Muddled]

Re: Lovemoney UE Diary

Thanks all your suggestions and advice, much appreciated.

Especially many thanks Niddy and the linky…I'll get this Miss Muddle's UE Diary - Page 8 - allaboutFORUMS template prepare and send it off asap, will keep you updated.

Muddled, how lucky we are, without all the fantastic mods and genius Niddy AAD forum helping us can't imagine how would ours life turn out. Anyway good to know.....will let you know of any further developments.

Never said a truer word Lovemoney life savers in our eyes, I don't want to imagine where our family would be today, if we weren't guided to AAD. The folks on here are amazing, they go that step further over the line to help people like me (who really doesn't have a clue). Unfortunately I don;t post a lot, think I'm a bit scared in case I give someone wrong info and balls it up for them. I do envy the other Mods and such like they are pure genius.

Be interesting to see what DLC replies to your letter I an waiting on 2nd reply....will keep posted.

[Lovemoney]

Re: Lovemoney UE Diary

Aww damn, its a shame they got a CO i was in the same position with these muppets, likely they didnt take it that far in the end. But they threatend it from the very start!

Hi SXGuy

Thanks for the reply...what would you suggest I should do?

[Lovemoney]

Re: Lovemoney UE Diary

LLOYDS TSB (CREDIT CARD)
HUSBANDS
10/7/13 BALANCE: £403.77
Letter from DLC received (12/7/13). Yr letter dated 25/6/13 addressed to MDB regarding the above a/c has been referred to our offices for attention. We acknowledged yr request for our company to cease contact via telephone in 9/2011; there is no evidence we have contact you other that by letter since that date. Should you have documentary evidence of recent attempts to contact you, pls provide this so the matter can be investigated. Pls note if you do not keep a regular dialogue with us regarding this a/c & update us accordingly, we may choose to re-instate yr contact tel no. to continue collection activity on the a/c when required. If re-instated, you will have a right to object to this processing only if it causes unwarranted & substantial damage or distress. You must provide yr objections i writing under secction 10 of the DPA 1998. You are not correct in yr assertion that our external agents can only call at you home if you agree to make an appointment. The debt is not reasonably disputed or deadlocked & our agents would give you reasonable notice of the timing of any intended visit which is all that is required. We request you now contact MDB to arrange payment of the a/c balance. As we have received payments to the a/c in the past, we assume yr liability in this matter is not in question.

UPDATE...

23/7/13
Miss Muddle's UE Diary - Page 8 - allaboutFORUMS sent by recorded.... (refer #735).

[Never-In-Doubt]

Re: Lovemoney UE Diary

Hi SXGuy

Thanks for the reply...what would you suggest I should do?

They want to alter the schedule; it's up to them to apply to the courts

Ignore & keep us updated or if you really want you could just write back and say the current level of repayment suits you just fine and you'll be in touch as and indeed if anything should change in the future.

That's what I'd probably do in fact...!

[Still Waving]

Re: Lovemoney UE Diary

I couldn't tell from the history whether or not the court had ordered the £1pm payments.

When I tried to challenge an ICO following a 'forthwith' order, the judge didn't overturn the CO, but made no order regarding payments as he noted that I had already been making payments via a DMP.

If it happens that the court didn't order the £1pm in this case, then presumably DLC don't have to go to the court to get a variation order? However if the OP sticks to their guns re the current payment, DLC would have to take some court action if they want to force the issue anyway?

[SXGuy]

Re: Lovemoney UE Diary

I agree with Niddy, they cant make you pay more than the courts have agreed unless they go back to court.

Ignore them or tell them thats all you will be paying.

[Lovemoney]

Re: Lovemoney UE Diary

Apologies for the delay replying, having computer problems .

Thanks for everyone comments and support.

They want to alter the schedule; it's up to them to apply to the courts

Ignore & keep us updated or if you really want you could just write back and say the current level of repayment suits you just fine and you'll be in touch as and indeed if anything should change in the future.

That's what I'd probably do in fact...!

Niddy I'll took your advice and reply them with a liner as above and see what they responds.

[Lovemoney]

Re: Lovemoney UE Diary

TESCO (CREDIT CARD)
DEFAULTED
HUSBANDS
HISTORY
26/3/2012
CCA request sent.
2/5/2012
received response obliged to provide you with a 'true' copy of the CCA & most recent available statement to the a/c with amounts and due dates of future payments that still require to be made. In terms of CCA copy doc regulations, the 'true' copy requirement can be satisfied by providing a copy agreement at the date the card agreeement was made and plus a copy of the current terms of the card agreement. Records show that there is still an outstanding balance on the a/c is currently being managed by Financial Hardships Team, therefore contact them directly to obtain details of the required repayments to settle the a/c. I can confirm that yr a/c has not been sold. Emailed Niddy.
4/5/2012
Niddy says THANKS will be sending MPT letter.
4/5/2012
MPT letter sent.
1/6/2012
received response from Tesco Data Protection Act 1998. We enclose copy information held by Tesco Bank is provided under the term of the above Act and was located using the information contained within your request. Emailed Niddy.
29/1/2013
Letter from Tesco Banks received today (1/2/13). Important-you must take action-call us today on XXXXXXX 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.
Are you in financial difficulties? Contact us immediately if, due to financial difficulties or a change in circumstances, you can't pay the full debt within the next 7 days. There is no need to panic. Call XXXXXXXXXX to speak to one of our experienced advisors. They will listen sympathetically & help you think about yr options. We have helped losts of people in yr situation in the past.
4/2/2013
Our Templates | Unenforceability Templates | Final Response - Unenforceability (CCA Received) sent by recorded. refer #636
11/2/2013 BALANCE £3381.73
Letter from Allied International Credit (AIC) received today (16/2/13). The a/c noted above has been assigned to us from our Client, TESCO BANK with regards to the non payment of the outstanding balance. We are unaware of any reason for the non payment & we encourage you to contact our office immediately to resolve the outstanding matter in a timely manner. If you have already made payment to this a/c pls contact us with the payment details. Alternatively, if you are experiencing financial difficulaty pls call us as we are happy to discuss yr situation & how we can help resolve. refer # 654 &655
19/2/2013
Templates | Unenforceability Templates | Account Sold whilst in Dispute sent by recorded..

UPDATE...
19/8/2013
Letter from Tesco Banks received. We write to advise that due to yr failure to agree or maintain repayments towards yr debt, have decided to pass the management of yr a/c to one of our Debt Collection Agencies called Robinson Way. They will attempt to contact you within next 10 days, to discussing yr individual circumstances. Their aim is to establish an affordable & sustainable repayment arrangement with you.

19/8/2013
Letter from Robinson Way received. This is about yr unpaid a/c. We are authorised to negotiate repayment of the a/c with you. Pay this in full to us, agree an affordable payment plan with us. If you fail to pay, and neglect to deal with this a/c, it may mean; *You ability to obtain credit including mortgages may be affected. *Our local doorstep collection agent is asked to visit you to agree a payment plan. *This a/c may continue to be a worry for you - we can help you deal with it. Immediate payment can be made by card. Our collection agents are waiting for your call, if you prefer. You can deal with this a/c online at XXXXXXXXXX.

Any advice on what I should send...

[Lovemoney]

Re: Lovemoney UE Diary

LLOYDS TSB (CREDIT CARD) CO(Restrictions)
HUSBANDS
ACCOUNT OWNER: CREDIT SECURITY LTD (2008); ROBINSION, WAY & CO (2009); DLC (2011)
12/7/13
Letter from DLC (18/7/13). We have a charging order registered against yr property & you are presently repaying the a/c by instalments. Due to the length of time it will take to repay the debt may we request that you contact us with a view to discussing the amount of yr payments. We are prepared to discuss yr situation over the telephone or alternatively you can complete the slip below & return at yr earliest conveniene.
PROPOSED INSTALMENT DETAILS
Pls increase my future instalments to £___per wk/fortnight/mnth (delete as appropriate)
With effect from:
Signed:
Home tel No:
Work tel No:
*refer #754 ignore

UPDATE...
1/8/2013 BALANCE £3532.38
received PAYMENT PLAN CONFIRMATION from DLC
To start from: 3/8/2013
Number of instalment: 12
Frequency: 12
Amount: £1.00
Should you not be able to make payments, or yr circumstances change, you should contact us on the above. Failure to keep to this arragement may result in further action. This payment plan will be reviewed by us in 6 months time.
Filed..

[Still Waving]

Re: Lovemoney UE Diary

[/COLOR]
[/COLOR]UPDATE...
19/8/2013
Letter from Tesco Banks received. We write to advise that due to yr failure to agree or maintain repayments towards yr debt, have decided to pass the management of yr a/c to one of our Debt Collection Agencies called Robinson Way. They will attempt to contact you within next 10 days, to discussing yr individual circumstances. Their aim is to establish an affordable & sustainable repayment arrangement with you.

19/8/2013
Letter from Robinson Way received. This is about yr unpaid a/c. We are authorised to negotiate repayment of the a/c with you. Pay this in full to us, agree an affordable payment plan with us. If you fail to pay, and neglect to deal with this a/c, it may mean; *You ability to obtain credit including mortgages may be affected. *Our local doorstep collection agent is asked to visit you to agree a payment plan. *This a/c may continue to be a worry for you - we can help you deal with it. Immediate payment can be made by card. Our collection agents are waiting for your call, if you prefer. You can deal with this a/c online at XXXXXXXXXX.

Any advice on what I should send...

I would send SWID letter to Robinson Way.

[Lovemoney]

Re: Lovemoney UE Diary

LLOYDS TSB (CREDIT CARD)
HUSBANDS
26/3/12
cca request sent DLC (latest dca).
8/4/12
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
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 XXXXXXXXXX.
2/7/13
template-letters threat-of-doorstep-visit sent.
2/7/13
Letter from DLC received (5/7/13). 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.
10/7/13
Letter from DLC received (12/7/13). Yr letter dated 25/6/13 addressed to MDB regarding the above a/c has been referred to our offices for attention. We acknowledged yr request for our company to cease contact via telephone in 9/2011; there is no evidence we have contact you other that by letter since that date. Should you have documentary evidence of recent attempts to contact you, pls provide this so the matter can be investigated. Pls note if you do not keep a regular dialogue with us regarding this a/c & update us accordingly, we may choose to re-instate yr contact tel no. to continue collection activity on the a/c when required. If re-instated, you will have a right to object to this processing only if it causes unwarranted & substantial damage or distress. You must provide yr objections i writing under secction 10 of the DPA 1998. You are not correct in yr assertion that our external agents can only call at you home if you agree to make an appointment. The debt is not reasonably disputed or deadlocked & our agents would give you reasonable notice of the timing of any intended visit which is all that is required. We request you now contact MDB to arrange payment of the a/c balance. As we have received payments to the a/c in the past, we assume yr liability in this matter is not in question.
19/7/13
Miss Muddle's UE Diary - Page 8 - allaboutFORUMS sent by recorded (23/7/13). refer #735.

UPDATE...
30/7/13
Letter from DLC received. Thank you for yr letter dated 19/7 in relation to the a/c. We can confirm & advise the following:- The balance on yr a/c is a debt which has been properly incurred by you under an agreement signed by you & regulated by the CCA. Hillesden is a trading Co which has been registered with Companies Hs4e since 7/92. It is not registered as dormant as you have stated in yr letter. Our registeration no is XXXXX. I note that on 30/3/12 you made a request for information under the CCA 74. We have made request from LLoyds TSB for this information, due to thre age of the a/c the original executed agreement & statement are currently unavailable; pls find enclosed a copy of transaction to date from our system since our acquisition.
Whilst we may not be able to enforce the agreement, 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, remain intact. The ruling in the case of McGuffick V RBS clarified the numerous interpretations of what is considered "enforcement". Should you want to view the Judgment in its entirety, it is easily accessible via the Internet. The demanding of payment is not considered enforcement & purely a step taken prior to the commencement of proceedings, therefore yr a/c will remain with our collections dept. for collection activity to continue. As payment have been made towards the balance outstanding, we are under the assumption that yr liability in this matter is not in question. Trust the above information resolves this matter, however, if you require any further clarification pls do not hesitate to contact our office.
Any advice on what I should do next.

[Still Waving]

Re: Lovemoney UE Diary

[/COLOR]
[/COLOR]UPDATE...
30/7/13
Letter from DLC received. Thank you for yr letter dated 19/7 in relation to the a/c. We can confirm & advise the following:- The balance on yr a/c is a debt which has been properly incurred by you under an agreement signed by you & regulated by the CCA. Hillesden is a trading Co which has been registered with Companies Hs4e since 7/92. It is not registered as dormant as you have stated in yr letter. Our registeration no is XXXXX. I note that on 30/3/12 you made a request for information under the CCA 74. We have made request from LLoyds TSB for this information,due to thre age of the a/c the original executed agreement & statement are currently unavailable; pls find enclosed a copy of transaction to date from our system since our acquisition.
Whilst we may not be able to enforce the agreement, 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, remain intact. The ruling in the case of McGuffick V RBS clarified the numerous interpretations of what is considered "enforcement". Should you want to view the Judgment in its entirety, it is easily accessible via the Internet. The demanding of payment is not considered enforcement & purely a step taken prior to the commencement of proceedings, therefore yr a/c will remain with our collections dept. for collection activity to continue. As payment have been made towards the balance outstanding, we are under the assumption that yr liability in this matter is not in question. Trust the above information resolves this matter, however, if you require any further clarification pls do not hesitate to contact our office.
Any advice on what I should do next.

Hi

The important parts in that letter I've highlighted in RED. Keep that letter very safe. I'm tempted to say do nothing and await their next letter, however there may be some merit in challenging their assumption which I highlighted in PURPLE. Perhaps someone else will advise on that.

Edit: They cannot confidently state that the debt is properly incurred under an agreement, when they go on to admit that they cannot locate the agreement.

[Deepie]

Re: Lovemoney UE Diary

I'd just sit back and see if they do anything.....

In the past when I've had letters like that, they seem to go all quiet...

[Enforcer]

Re: Lovemoney UE Diary

I agree with Deepie. They have already stated that they cannot enforce. UE. Nothing more that they can do.

[MrsD]

Re: Lovemoney UE Diary

Hi

The important parts in that letter I've highlighted in RED. Keep that letter very safe. I'm tempted to say do nothing and await their next letter, however there may be some merit in challenging their assumption which I highlighted in PURPLE. Perhaps someone else will advise on that.

Edit: They cannot confidently state that the debt is properly incurred under an agreement, when they go on to admit that they cannot locate the agreement.

got quite a collection of these, it's as if they just cannot leave it and have to have one last kick at you even although they are admitting they know there is is nothing they can do, bit like a tantrum in a toddler lol, agree with Deepie