Lovemoney UE Diary

[Lovemoney]

my husband suffers mental illness 5yrs+ since got gambling addiction, he gamble online casino used his and mine creditor cards i only found out when the statement come he promised not do it anymore unfortunately he been chasing his lost carry on and on. The debts were pile up and we don't know what to do first thought of borrow more and more to cover end up now £122000 debts. We're hse owner roughly got £69000 equity, got two kids age 11 & 9, he stop working and on benefits (incapacity & DLA), I'm in full time employment £120pw. Due to my husband on strong medication lack of thinking abilities unable to help this problem luckily I found national helpline than starting own DMP dealing with all the creditors with £1 token payment. Reasonly got one awkard creditor owed £3000, once my husband received N9 form and missed the 14 days deadline and got charging order. So I found useless and complete out of my hand keep worry what other creditors will act. So I appointed 1 free credit councelling face to face help, 2 wks time will come out some options but i aware of bankruptcy, isolvency, iva and etc. Because of my kids just starting to grow should thing can live in very tight budget system, according I reading here and there will think DMP is better off for now. I would really appreciate some help and advice.

[Never-In-Doubt]

Re: Need Advice

Hi

Full time work at £480pm?

Not that it matters - obviously you can't pay this debt back. Can you start a diary and list the debts please?

Then we'll advise how to proceed if you're considering the UE route of course?

[pompeyfaith]

Re: Need Advice

Hiya Lovemoney,

Others more knowledgeable than me will be along soon, but firstly we will need more information to target the right help.

I noticed earlier you where looking in the debt and disability section that is a good start.

We need to know how many debts you have, what there start date is, who this debts are owed too that sort of thing.

We also have a very good guy on this forum who does DMP's that you can afford so there are a few options.

Finally you are at the right place the forum owner niddy has a very good team here.

Stay online for as long as you can and help will be along.

Regards

[di30]

Re: Need Advice

Hi and welcome

I am so very sorry to hear of your hardship difficulties etc, and can understand how you feel, as my hubby went through the same thing a few years ago, when the plant he worked for went into administration just days before xmas, depression set in. I am a full time Carer to my youngest son who has special needs, also have an older son.

Now what we did was, if any of the creditors were being difficult, we were forever writing letters for them to agree to a lower repayment until finances improved. A right pain in the you know what!

We gave them the opportunity to help, but they kept on refusing, we ended up complaining to the Financial Ombudsman Service (FOS), who put it under the Hardship criteria, so it taken less time for them to deal with the complaint.
Basically we wanted the bank in question to freeze on the charges/interest, that were just adding up and adding up, worsening the debt, if they had agreed at an earlier stage, then it wouldn't have been the case.

The Adjudicator upheld our complaint, and requested they freeze the charges/interest, and to refund back to the account to help bring it down again and they also wanted the bank to pay for distress and inconvenience, this redress were refunded back to us.

I'm sure you will get some help from others on here, but I just wanted to share this with you.
Stay strong now and you will eventually get there.

But if they are forever refusing to help you, I would most certainly make that complaint to the FOS under the hardship criteria, I would also confirm to the FOS of the situation as you have done in your post above.

Di

[Never-In-Doubt]

Re: Need Advice

Just noticed about the claim form (N1 I presume?).. N9 is acknowledgement of service.

So this lender obtained a ccj, interim CO and final CO and you never once submitted any forms?

Can you elaborate here as I don't think they have a CO - are you sure it isn't a CCJ?

Please explain this first as its the most important issue as things stand.

[di30]

Re: Need Advice

Oh, also forgot to mention, but are you entitled to Tax Credits, such as working tax and child tax?

I assume you are already receiving these as well?

[Lovemoney]

Re: Need Advice

Hi thanks for prompt reply....(sorry for the mistake)

INCOME: (ALL MONTHLY)

My earning............... £1184.89
Child Benefits........... £134.80
Child Tax Credit........ £43.87
Incapacity Benefit...... £399.40
DLA......................... £78.20

TOTAL:.................... £1841.16

EXPENDITURE: (ALL MONTHLY)
Mortgage.......................................... ... £364.05 (INTEREST ONLY)
Council Tax.......................................... £129
Bldg and Content Ins........................... £15.48
Gas & Elcetricity................................... £86
Water............................................. .... £45.48
Tv Licence........................................... £12.12
Telephone Sky & Broadband................. £39.75
Mobile............................................ ..... £17
Road Tax (for 2 old bangels)................. £39.42
Vehicle Insurance................................. £46.48
Petrol............................................ ..... £160
MOT............................................... .... £41.67
Hsekeeping........................................ . £480
School Meals....................................... £60.12
Life Insurance..................................... £70
Dentist/Prescription/Glasses................. £20
Vet bills/Pet insurance.......................... £10
Hsehold Maintenance............................ £20
Leisure........................................... .... £40
Future needs...................................... £30
Clothing.......................................... ... £80
Creditors(23)..................................... . £23

TOTAL: ............................................ £1829.57

Surplus: ............................................ £11.59

Thanks again

[Lovemoney]

Re: Need Advice

Hiya Lovemoney,

Others more knowledgeable than me will be along soon, but firstly we will need more information to target the right help.

I noticed earlier you where looking in the debt and disability section that is a good start.

We need to know how many debts you have, what there start date is, who this debts are owed too that sort of thing.

We also have a very good guy on this forum who does DMP's that you can afford so there are a few options.

Finally you are at the right place the forum owner niddy has a very good team here.

Stay online for as long as you can and help will be along.

Regards

Thanks for reply....
Debts £122000 (26 creditors, fewer original, dcc and 5CCJ) all £1 token payment. Started date 2006.

[Lovemoney]

Re: Need Advice

Hi and welcome

I am so very sorry to hear of your hardship difficulties etc, and can understand how you feel, as my hubby went through the same thing a few years ago, when the plant he worked for went into administration just days before xmas, depression set in. I am a full time Carer to my youngest son who has special needs, also have an older son.

Now what we did was, if any of the creditors were being difficult, we were forever writing letters for them to agree to a lower repayment until finances improved. A right pain in the you know what!

We gave them the opportunity to help, but they kept on refusing, we ended up complaining to the Financial Ombudsman Service (FOS), who put it under the Hardship criteria, so it taken less time for them to deal with the complaint.
Basically we wanted the bank in question to freeze on the charges/interest, that were just adding up and adding up, worsening the debt, if they had agreed at an earlier stage, then it wouldn't have been the case.

The Adjudicator upheld our complaint, and requested they freeze the charges/interest, and to refund back to the account to help bring it down again and they also wanted the bank to pay for distress and inconvenience, this redress were refunded back to us.

I'm sure you will get some help from others on here, but I just wanted to share this with you.
Stay strong now and you will eventually get there.

But if they are forever refusing to help you, I would most certainly make that complaint to the FOS under the hardship criteria, I would also confirm to the FOS of the situation as you have done in your post above.

Di

Thanks for telling me all .... I never thought off complain to FOS regards the hardship criteria, all my creditors are agreed freeze interest and charges. Unfortunately got 1 awkard black house bank sold to dcc couple yrs ago since we ask for credit agreement unable to supply account been suspended and returned to original creditor.
Few months ago another dca just bought this debts and wrote to us ask us make a offer, we told only £1 token payment than refused than received CCJ one my husband (£3000) and one mine (£10000). I extend my determination to 28 days since before xmas haven't hear any news since.

[Lovemoney]

Re: Need Advice

Just noticed about the claim form (N1 I presume?).. N9 is acknowledgement of service.

So this lender obtained a ccj, interim CO and final CO and you never once submitted any forms?

Can you elaborate here as I don't think they have a CO - are you sure it isn't a CCJ?

Please explain this first as its the most important issue as things stand.

The dca obtained a ccj due to communication late, than been adviced send Ex160 & N245 to court, unfortunately court returned Ex160 need the benefits proof and letter did stated is need appeal reply with ?days we assumed is regards Ex160 (according we only qualifed for partial). So without save £20 we send in a cheque for it asap, than letter dca send us interim order and the land registry details etc and hearing date, so we assume it for interim order. 1 days before the hearing i got advised from forum it was the final charging order too late to do anything. So my husband went to the hearing, according what he told me for him no chance to said anything, hearing just last for 2mins. When is came out from judge office he been advised by creditors hired solicitor just pay them £1 which we can afford let them something to stand on and no further action. The charging order also stated no forcing sale the property only when in the future we going to sale the property they got priority got their £3000 debts.

[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

28/4/2009
(send in proposal, hardship difficulties & budget sheet)
been accepted £1 token payment and advised to set up standing order i wish

1/6/2009
(send in proposal, hardship difficulties & budget sheet)
tnks for your proposals for repayment of the above a/c. In the cirumstances, i am prepared to accept the reduced sum of £1p/m for a period of six mnths, after which time a full review of yr financial situation will be required. Interest will not be charged.

21/1/2010
(27/1/2010 send in proposal, hardship difficulties & budget sheet) we refer to the temporary repayment arrangement currently in place on yr a/c. This arrangement is now due for review and we would therefore request yr proposals for increasing the mnthly repayments.

20/2/2010
(send in proposal, hardship difficulties & budget sheet)
tnks for your proposals for repayment of the above a/c. In the circumstances, i am prepared to accept the reduced sum of £1p/m for a period of 6 mnths, after which time a full review of yr financial situation will be required. Interest will not be charged.

21/9/2010
(15/10/2010 send in proposal, hardship difficulties & budget sheet) we refer to the temporary repayment arrangement currently in place on yr a/c. This arrangement is now due for review and we would therefore request yr proposals for increasing the mnthly repayments.

21/1/2011
(send in proposal, hardship difficulties & budget sheet)
we refer to the temporary repayment arrangement currently in place on yr a/c. This arrangement is now due for review and we would therefore request yr proposals for increasing the mnthly repayments.

18/3/2011
(send in proposal, hardship difficulties & budget sheet)
thks for yr recent communication. In order of the bank to have a better understanding of the financial difficulty that you are currently experiencing, i require a list of creditors and balance outstanding(document send). On receipt of the above documentation, a full review will be undertaken.

27/5/2011
(send in proposal, hardship difficulties & budget sheet)
tnks for your proposals for repayment of the above a/c. In the cirumstances, i am prepared to accept the reduced sum of £1p/m for a period of six mnths, after which time a full review of yr financial situation will be required. Interest will not be charged.

21/11/2011
(1/12/2011 send in proposal, hardship difficulties & budget sheet) we refer to the temporary repayment arrangement currently in place on yr a/c. This arrangement is now due for review and we would therefore request yr proposals for increasing the mnthly repayments.

27/12/2011
again advised to set up standing order i wish. (receive monthly statement each month)


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.

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.

04/10/2013
Letter from Wescot received today (9/10/2013). We acknowledge that you have raised a dispute on this a/c & we would like to confirm to you how this will be investigated. WHAT WILL HAPPEN? We will not make contact with you regarding collection of the outstanding balance on this a/c whilst this issue is being investigated. Pls be advised that as we will also need to contact our client, this process may take several weeks.

08/10/2013
Letter from Wescot received (11/10/2013). Having contacted our client they have advised they have no record of receiving a CCA for this a/c. We believe the dispute has now been resolved & full balance or an agreed monthly instalment is required by return. If in the event you believe you still have a valid dispute, pls contact us within 14 days otherwise yr a/c will be returned to our recovery team for collection.

09/10/2013
Letter from Wescot received (12/10/2013). Refer to yr recent communication where you raised a dispute on this a/c. Thank you for yr patience & we can confirm that yr a/c remains on hold whilst we await further information from our client, we will be in touch with you in due course.

13/3/2014
Letter from Tesco Bank received. Due to yr failure to agree or maintain repayments towards yr debt, we've decided pass to Fredrickson working on our behalf. They'll attempt to contact you within the next 10 days, to start discussing yr individual circumstances to establish an affordable & sustainable repayment arrangement with you. Refer #829&#830

20/3/2014
Letter from Fredrickson received. We're instructed by Tesco Bank to collect yr a/c debt which is now seriously overdue. You've failed to pay the balance which remains outstanding & our client now requires you must contact us immediately to either pay in full or set up an affordable repayment plan depending on yr circumstances. For yr convenience we offer a variety of payment methods. This is a serious matter & you may wish to seek independent advice. It so pls tel us straight away to let us know if this is yr intention.

28/3/2014
Templates | Unenforceability Templates | Account Sold whilst in Dispute sent by recorded. Refer #830 & #835

27/4/2014
Letter from Fredrickson received. Wrote to you recently about this a/c but have not yet received a satisfactory payment proposal from you. You need to contact us now to resolve this matter by either paying the balance outstanding or making an arrangement with us to repay the debt by instalments if yr circumstances are such that you can't pay in full. We urge you to do so without delay to prevent further debt recovery action being taken against you.For yr convenience we offer a variety of payment methods,this is a serious matter & you may wish to seek independent advice.

27/4/2014
Letter from Fredrickson received. If you require documentation under the CCA 74, you may request this directly from our client with the appropriate fee of £1. In the meantime pls contact us with yr payment proposals.

12/5/2014
Letter from Fredrickson received (14/5/14). Could you pls call our office. The a/c has been placed on hold for 10 days. Pls note that further debt recovery action may be taken if you do not contact us during this period. Refer #857

20/5/2014
Letter from Fredrickson received. Despite attempts to negotiate a settlement of this a/c, there is still no arrangement in place to repay this debt. If you are in a position to make a payment, we offer a variety of payment methods. If you have not done so already you may wish to obtain free independent debt advice.

4/6/2014
Letter from Fredrickson received. Previous correspondence from us yr debt with our client Tesco remains outstanding. We're prepared to offer you an opportunity to pay before referring this a/c back to our client with a recommendation to them to take further action. At this late stage & as a gesture of goodwill, prepared to offer a reduced settlement on this a/c provided that you contact us. Pls note that if our client has registered a default on yr credit file & you pay a reduced settlement, the default will be amended to reflect that it has been partially settled, flag may affect any future credit applications that you make, as lenders have access to this information & may take it into consideration, will remain on yr file for 6yrs. For yr convenience we offer a variety of payment methods.

19/9/2014
Letter from Tesco Bank received. Due to yr failure to agree or maintain repayments towards yr debt, we've decided pass the management of yr a/c to Robinson Way. They'll attempt to contact you within the next 10 days, to start discussing yr individual circumstances to establish an affordable & sustainable repayment arrangement with you.

24/9/2014
Letter from Robinson Way received. In relation to yr unpaid a/c, we are authorised to negotiate repayment of the balance outstanding with you. Pls contact us to agree an affordable & sustainable repayment plan based upon yr personal circumstances. If you do not pay or contact us, it may mean * Yr ability to obtain any future credit (including mortgages) may be affected * We will continue to contact you by letter or by phone.

1/10/2014
Templates | Unenforceability Templates | Account Sold whilst in Dispute sent by recorded.

6/10/2014
We understand that in these difficult times it can be struggle maintaining payments to yr a/c. We want to help you by agreeing an affordable arrangement based on yr individual circumstances and tailor to yr situation pls contact us to discuss the best way forward.

1/10/2014
We write to confirm that we have noted the dispute/query that you have raised. Will make the necessary enquiries & let you know the outcome in due course. In the meantime we'll stop all collection activity on this a/c. refer # 869

31/10/2014
Letter from Robinson Way received. Our client has advised that if you require documents you need to send this in writing to Tesco Bank. Once they have received this they will be sent out to you. We have held yr a/c for 30days to enable you to do so. refer # 871

[Lovemoney]

Re: Need Advice

CO-OP BANK ACCOUNT NOW CLOSED

Date commenced: 23/12/1997
DEFAULT BALANCE: £835
DEFAULT ON: 20/12/2006
ACCOUNT SOLD TO DCA: (ROBINSON, WAY & CO)
PAYMENT STATUS: AGREED £1 TOKEN PAYMENT SET UP STANDING ORDER 28/7/08 EACH MONTH

HISTORY

9/7/09
cca request sent

26/7/09
letter received saying that they ask original lender for a copy of te agreement my a/c has been placed on a temporary delay pending receipt of this documentation and will contact me again in due course.

23/9/09
replied with blur vision agreement (certain details hardly to read) from???

1/10/09
replied saying that i agreed to the term & condition of my loan when I signed the application form. This is all they are required to provide

16/11/09
received statement 19/12/08-14/9/09. Failing to make minimum payment can mean broken the term of this credit agreement could result taking legal action.


1/10/11
received a copy original agreement from eqidebt ltd(solicitor/dca???). apologise for the delay in providing this and ask to make a reasonable repayment without further delay???

21/11/11
following national debt helpline give them a call told them original arrangment was set up with robinson & way, and gave fos made complaint about the delayed.

24/11/11
apologise for the unforeseen delay due to high volumes of documentation requests and continued commitment to repaying the outstanding balance.

21/3/12
Niddy says

26/3/12
Missing Prescribed Term sent.

5/4/12
received response from Robinson Way saying satissfied the documentation provided is sufficient to demonstrate liability and will not enter into repetitive correspondence. Data will continue to be procedssed in lin with the principles of Data Protection Act 1998 and will continue to be reported to credit reference agencies, where appropriate. If neglect to make payment further action may be taken against, require payment proposals within 14 days.# IGNORE & NO PAYMENT #

18/5/12
received APPOINTMENT FOR HOME VISIT letter from Robberson saying your debt is still unpaid in spite of previous letters, and calls. We may now arrange for a local collector to call at yr address to agree an affordable payment plan with you.
YOUR A/C MAY BE SENT TO OUR LOCAL COLLECTOR IN THE NEXT 10 DAYS.
Call us if you would prefer to agree an affordable payment plan with this office, or if you want to agree an appointment for our collector to visit. If you prefer not to talk to us at all, you can deal with this online...

21/5/12
Send them this-----> Harassment & Threat of Doorstep-Visit

18/6/12
received APPOINTMENT FOR HOME VISIT letter from Robberson saying your debt is still unpaid in spite of previous letters, and calls. We may now arrange for a local collector to call at yr address to agree an affordable payment plan with you.
YOUR A/C MAY BE SENT TO OUR LOCAL COLLECTOR IN THE NEXT 10 DAYS.
Call us if you would prefer to agree an affordable payment plan with this office, or if you want to agree an appointment for our collector to visit. If you prefer not to talk to us at all, you can deal with this online.


11/7/12
received NOTICE OF HOME VISIT, unpaid a/c has been sent to be dealt with by this office. In 10 days time I may ask one of our collectors to visit you at your home to agree an affordable payment plan. You can avoid our collector calling by: Making payment to this office within 10 days. You can make an appointment for our collector to call by our staff are waiting for your call.


15/7/12
Our Templates | Harassment & Intimidation Templates | Harassment & Threat of Doorstep-Visit sent.

27/7/12
received letter from Robinson Way refer to yr recent request not to be contacted by telephone in respect. We can confirm that yr telephone no has been removed from yr a/c in our file. You remain fully liable for payment of the balance owing & any further action may still be taken to recover the sum due. If you have not provided us with yr repayment proposals, please contact us within the next 14 days.

13/8/12
received letter from Robinson Way instructed by our Client to obtain payment of yr a/c. Until it is paid yr a/c will not be closed may stay registered as an unpaid debt in yr name could adversely affect yr credit record. We urge you to deal with this a/c & clear this up once & for all call us & can agree either
1. A reduced balance you can pay to settle this a/c.
2. A payment plan you can afford & will keep up.
We need you to contact us so we can help you with this a/c. Our staff are waiting to take your call either pay with debit or credit card. If you prefer you can deal with this online or email us.

5/3/13
Letter from EQUIDEBT received today (7/3/13). Get yr a/c back on track We have made repeated requests for you to get in touch. You have made payments or previously agreed a repayment plan with us but at this time yr a/c is still unpaid & we have no formal agreement in place to repay the remainder of the balance. We request that you make contact with us immediately to discuss yr repayment options. If you were unable to afford the previous arrangement then our advisors will gladly discuss yr financial circumstances & agree a rate of repayment that is affordable to you. Set up a Direct Debit We prefer to set all arrangements by D/D, this way it ensures payments are made free of charge to you, on time & automatically so you can never forget. We can set this up over the phone with you just have yr bank details to hand. Yr actions previously demonstrated a willingness to pay & that you are not in dispute of the balance due. Without an agreed repayment plan in place we will continue with our recoveries process & this may ultimately lead to either: *A field agent coming to yr home address to discuss yr a/c. *Legal action. Call us now & get yr a/c back on track & prevent any further collections activity. refer #680 just see what they send next

25/3/13
Letter from EQUIDEBT received today (28/3/13). Notice of Recovery Action You have failed to respond to our previous request to make contact to discuss a new repayment arrangement. As we previously stated we are now commencing recovery action & unless we hear from you within the next 10 days we will be passing yr a/c to Credit Ancillary Service(CAS) who specialise in assessing unpaid a/c holders to determine what recovery action will take place. It's not too late We believe you are not in dispute of the balance & that there is no valid reason for the non-payment of this debt. However we also believe that if we speak with you we can come to a solution that is affordable to you & will prevent any additional recovery actions taking place. If we don't hear from you Unfortunately if we don't hear from you we will assume that you are refusing to pay & that we will have no choice but to pursue you for the balance through the various means available to us. You have had the benefit of credit & not repaid it. We are giving you every opportunity to come to an affordable agreement. (refer #689)

2/4/13
Account Sold whilst in Dispute sent by recorded.

9/9/13
Letter from CABOT received (13/9/13). Has recently bought the a/c you held with EQUIDEBT and we're now responsible for administering, answering yr queries & receiving payment. Our employees will make every effort to build a relationship with you & to find a solution that is appropriate to yr personal circumstances. We offer a full range of paymemnt options & methods to make yr repayments as hassle free as possible. refer #777 &778

16/9/13
Account Sold whilst in Dispute - allaboutDEBT UK sent by recorded.

25/9/13
Letter from CABOT received (27/9/13). Yr letter received in our office on 19/9/13. Sorry to learn that you have had to raise concerns regarding this a/c. I can confirm that we will be conducting a thorough investigation into yr concerns. Once we have completed this, we will write to you again. Pls find enclosed a copy of our internal Complaints Procedure for yr information.

16/10/13
Letter from CABOT received (18/10/13). Writing further to our letter dated 25/9/13. Our investigation We have attempted to obtain information from Co-op & Equidebt in relation to the issues you have raised, who regrettably are unable to provide us with any information to enable us to conclusively resolve yr concerns. Conclusion In light of the above, CABOT have taken the decision to no longer pursue collection of this a/c. Pls accept my sincere apologies for any inconvenience caused by our purchase of this a/c & be assured that we will not contact you any further in this regard. I can only apologise if you feel our contact to have been harassing & would like to reassure you it was not Cabot's intention. Under the terms of our Complaints Procedure this our final response. If you remain dissatisfied, may refer yr complaint to FOS....I trust I have clarified yr concerns.

[Lovemoney]

Re: Need Advice

LLOYDS TSB BANK - (CREDIT CARD)
START DATE: 14/4/2005
DEFAULT BALANCE: £1536
DEFAULT ON: 7/8/2006
ACCOUNT SOLD TO DCA (BLS) - AGREED £1 TOKEN PAYMENT SET UP STANDING ORDER EACH MONTH
HISTORY
10/12/2007
As you will recall, we agreed a repayment programme that took into a/c yr current circumstnaces at the time. We are disappointed to note that you have failed to adhere to yr commitment. If the repayment programme is not brought up to date by paying £1.00 TODAY, you will force us to formally demand that you repay the full balance of £1513.33 immediately. Should yr circumstnaces have changed, you should contact us immediately.

22/7/2008
As you will recall, we agreed a repayment programme that took into a/c yr current circumstnaces at the time. We are disappointed to note that you have failed to adhere to yr commitment. If the repayment programme is not brought up to date by paying £2.00 TODAY, you will force us to formally demand that you repay the full balance of £1506.33 immediately. Should yr circumstnaces have changed, you should contact us immediately.

29/9/2008
Received letter from BLS...We refer to yr recent correspondence. After careful consideration we are unable to accept the offer of £1.00. Full income & expenditure details are required before the offer can be reconsidered. Failure to comply with this request within the next 10 days may result in court action. Alternatively our client TSB may consider a personal visit by one of its other agents.

29/9/2008 BALANCE £1504.33
Received letter from BLS...in these difficult times of increased fuel costs & food bills we understand that juggling outstanding bills & debts is difficult. TSB have outlined two offers below, these options & choose which best suits you: 1. Pay £428.66 which is 28% of yr total balance, in either three instalments of £142.89 or six instalments of £71.44 & we will consider yr a/c settled in full. 2. If you can increase yr monthly instalment we will be able to reduce yr balance by making further payment(s) to yr debt as a gesture of goodwill. This offer is only available for a limited period of time.

21/4/2009
Received letter from BLS...yr monthly payment plan has now expired. In the circumstances, yr monthly repayment has been increased to £2.00 starting next month. If you are unable to meet this increase, pls call us. At this stage it is essential that you have yr income & expenditure details to hand.

9/7/09
cca request sent.

24/3/12
Niddy says
26/3/12
Missing Prescribed Term sent.
6/7/12
received letter from BLS saying have not received the Repayment Plan Arrears: £2.00. To avoid further action must pay £2.00 within 7 days. If want to make a payment today please contact. If you're experiencing financial difficulties we would suggest contact Debt Management Co such as XXXXX. I you've made a payment i the last 7 days, please ignore. *IGNORE*
18/7/12
received letter from BLS It is essential that you telephone BLS Collections on XXXXXXXXX TODAY.
(underneath the letter) PLEASE ENSURE REGULAR PAYMENTS ARE MAINTAINED TO AVOID FURTHER ACTION BEING TAKEN).
24/7/12
(#357 Paul special) letter with copies of Missing Prescribed Term sent.
25/7/12 Balance £1452.33
received letter from BLS Repayment Plan Arrears: £2.00
We contacting you about the above a/c as the repayment plan you agreed is still overdue. We have previously reminded you about the money you owe & you must pay the amount outstanding straight away. You can do this by calling the no above. If you don't pay the outstanding amount to bring yr a/c back on track within 10 days from the date of this letter yr a/c will fall further into arrears could result in yr repayment plan being cancelled & the full balance of £1452.33 will be due. If you are experiencing financial difficultie we would suggest you contact a Debt Management Co such as....free organisations who will assist you by offering independent advice on yr situation. If you have made a payment in the last 7 working days, please ignore this letter.
11/8/2012
received letter from Lloyds...(refer #378)
13/8/2012
Unenforceability Templates | CCA Query - Creditor Refusal to Accept UE Status sent.
13/8/2012
received letter from BLS...It is essential that you telephone BLS Collections on XXXXXXXXXXXX TODAY. *see what they send next #389*
15/8/2012
received letter (refer #394) from Lloyds refer to yr previous correspondence & confirm that this represents the Bank's final response. We note yr comments regarding the agreement being unenforceable as the documents you requested were not issued within 12 days. Please be aware that the agreement is only unenforceable for the period that has lapesed between the 12 days & the date that yr request was fulfilled. Turning to yr allegations of harassment, it is the bank's obligation as a responsible lender to advise customers as soon as reasonable that they're in arrears. The bank will give no undertaking not to contact you to ask for payment, particularly as yr alleged "dispute" is unfounded. We will not enter into any further correspondence regarding this matter & as we've been unable to reach a mutual agreement. *WAIT FOR THEIR NEXT MOVE*
24/8/2012
received letter from BLS...Repayment Plan Arrears: £3.00. We've tried several times to contact you regarding the arrears on yr a/c. Unless the outstanding arrears amount reaches us within 10 days from 20/8/12 yr repayment plan will be cancelled & the balance of £1452.33 will be due. You can make a payment today by calling us XXXXXX. Failure to contact us may result inc:- 1. Yr a/c being passed to our legal department & court proceedings raised against you. 2. Yr a/c being passed to one of our local door-to-door collections agents who may call at yr address to discuss the outstanding debt. If you are experiencing financial difficultie we would suggest you contact a Debt Management Co such as....free organisations who will assist you by offering independent advice on yr situation. If you have made a payment in the last 7 working days, please ignore this letter.
7/9/2012
Letter from BLS...It is essential that you telephone BLS on XXXXXXXXX TODAY.
(underneath the letter) PLEASE ENSURE REGULAR PAYMENTS ARE MAINTAINED TO AVOID FURTHER ACTION BEING TAKEN) *IGNORED & SEE WHAT THEY SEND NEXT*

17/9/2012
Letter from BLS...due to yr lack of contact, that you have no intention of paying this debt on a voluntary basis. If you do not contact us within 14 days, will force us to commence legal action against you. You should be aware this course of action will result in you incurring additional fees & cost estimated minimum of £145. If a county court judgement likely to ask the court to enforce the judgement in one of following way:-
A) A Warrant of Execution:
B) An Attachment of Earnings:
C) A Charging Order:
We are determined that this debt will be repaid, preferably by mutual agreement. If this is not the case, by the action described. Please contact if you wish to avoid this action or are in financial difficulty on XXXXXX. We may still, even at this late stage, be able to assist.

20/9/2012
Threat by Creditor - Threat-o-Gram Letter Before Action sent.

5/11/2012
Received letter from...
LTSB (9/11/12)...Writing to notify you that LTSB has assigned all of its respective rights, title & interest in respect of the a/c(including the outstanding balance) to Cabot Financial, effective 2/10/12. The total balance sold was £1452.33, any payments made towards yr a/c after 2/10/12 will be forwarded to Cabot Financial & will be deducted from the balance. Under the terms of this assignment, & as defined in the DPA 1998. Cabot Financial (Europe) Ltd has been appointed by Cabot Financial (UK) Ltd, to manage yr a/c in line with the arrangements agreed with BLS Collections. It is essential that all future payments & correspondence regarding this a/c now be directed to Cabot Financial (Europe) Ltd.
CABOT FINANCIAL...The Cabot Credit Management Group has recently bought the a/c you held with TSB & we're now responsible for answering yr queries & receiving payments. According to our records you currently owe £1452.33. If you wish to repay this amount in full now, pls contact usto discuss. Yr agreed monthly repayment plan with TSB 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 amount. 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. The most important thing for you to do now is to get in touch with us & one of our helpful customer advisors will discuss the option for repaying yr a/c. Our aim is to help customers get their a/cs cleared-so do contact us soon!

12/11/2012
Unenforceability Templates | Account Sold whilst in Dispute sent by recorded. (*#511)

21/11/2012
Received letter from Cabot today (22/11/12). Acknowledging your complaint...we refer to yr letter received onb 20/11/12. We regret that you have felt the need to contact Cabot to express yr dissatisfaction regarding our service. We are currently investigating yr concerns & shall aim to provide you with our response within 20 working days from receipt of yr complaint. However, in the event we cannot respond within this time limit, we shall notify you as to when you may reasonably expect a response from us. Pls also find enclosed a leaflet, which sets out the process that we will take in order to deal with yr complaint. If you have any further queries, pls call XXXXXXX.

15/12/2012
Received letter from Cabot today (20/12/12).

#562 *IGNORED & SEE WHAT THEY SEND NEXT*

7/1/2013
Letter from Cabot today (9/1/12). Our response to yr request for information under the Consumer Credit Act 1974. Unfortunately Cabot have not yet obtained the required information from Lloyds to comply with yr request under section 77/78 of the CCA 1974. We will continue to request the information from the original lender to assist you with yr request & shall forward this to you immediately once it is received.
Yr credit agreement is currently unenforceable, which means we are not permitted to obtain a judgment or decree against you in Court. However, we would like to remind you that you remain liable to repay any balance outstanding under yr credit agreement & therefore recommend you contact us at the earliest convenience to discuss the repayment options we are able to offer you.
If you would like to know more about yr consumer rights or experiencing diffuculties in meeting yr repayments, we recommend you contact yr local XXXXXXXXXXXX. Do have any queries that the enclosed document doesn't clarify, pls call one of our Customer Assurance Advisors.

12/4/2013
Letter from Cabot today (19/4/13). Your request for information under the CCA Unfortunately Cabot has not been able to provide you with the requested information within the relevant time period. We shall continue to request the information from the original lender to assist you with yr request. In the meantime, we would like to inform you that yr a/c shall remain on hold with the Customer Assurance Dept. until such time we can comply with yr request. You are still obliged to repay the outstanding balance as confirmed in this letter & therefore we would recommend you contact us asap to set up a repayment arrangement or continue with yr existing payment plan.

[Lovemoney]

Re: Need Advice

EGG BANKING PLC- (CREDIT CARD)

Date commenced: 5/5/2000
ACCOUNT SOLD TO DCA (CAPQUEST)

HISTORY

17/8/07
received standind order set up details agreed £1 token payment stated the sum of £1 on 5/9/07 same day each month until 5/3/49 when a payment of 0.56 is made. 18/8/07 signed & returned, standing order already set up.

29/3/09
received a threat letter.

14/4/09
received more threat letter saying not heard from me in previos letter dated 28/3/09 need start the litigation process to resolve the matter

1/9/09
received standing order set up details agreed £1 token payment stated the sum of £1 on 5/9/09 same day each month until 27/11/17 when a payment of 0.00 is made. had signed and returned 2/9/07, standing order already set up.

9/9/09
sent cca request

19/9/09
received a reply put my a/c on hold for 28 days for obtains cca. finally received signed agreement (but no sure how to tell the right details ).

3/10/09
Letter from Capquest. Pls find enclosed copy document(s) as requested. If you are not currently repaying this a/c on an agreed arrangement, it is now imperative that you deal with this matter immediately by sending yr payment directly to xxxxxxx(with bank details). We have placed yr a/c on hold until 12/10/09, if we do not receive contact from you by this date, yr a/c will be passed to our Collection department for further action.Emailed Niddy

19/3/10
Letter from Capquest (Litigation Department) case handling supervisor. Yr case will be processed & passed to our solicitors on or around 1/4/10, a process that you can stop by tel xxxxxxx to discuss yr a/c, & reaching an amicable solution. I will not be demanding payment in full. I will be open to suggestions from you on how this a/c can be settled. If you contact us before 1/4/10, I can offer £1641.18 to clear this a/c. you can pay this over a six mnth period. I trust that you will recognise that my appointment is an indication of the imminent commencement of legal proceedings. I trust that you can take this opportunity to contact us & save yrself the possible expense of litigation & the problems that any litigation in which we were successful would possibly cause to yr credit file.

2/4/10
send in proposal, hardship difficulties & budget sheet.

12/4/10
received notice of doorstep recovery agents Scotcall Ltd from HL Legal Solicitors due to non payment.

15/4/10
send a complaint regarding their harassment by telephone & doorstep call (it's been set up £1 payment on 26th of each month).

24/4/10
received standing order set up details agreed £1 token payment stated the sum of £1 on 14/5/10 same day each month until 14/11/51 when a payment of 0.56 is made.

18/3/12
Emailed Niddy CCA .....Niddy Confirmed
we need to blag as that does look good but we'll pretend otherwise, if they get 'heavy' let us know asap.....
.....send them Missing PT (last £1 payment was on 12/3/12)

26/3/12
Missing Prescribed Term sent.

4/4/12
received letter from CapQuest saying unable to comment on the dispute and at them time the a/c was passed to them were unaware of any existing query. Therefore we are "CLOSING THE ACCOUNT ON OUR SYSTEM". Than you for taking the time in trying to resolve this matter. # NO PAYMENT #

BARCLAYCARD
Attachment 5112 (refer #310 & #392).
Allied International using various numbers to call my mobile they leave voice messages quite often & ask me call regarding urgent business quote ref...
Accidently answer once saying she not available & put the phone down. 21/8/12 they call again. I think bad time I send them Our Templates | Harassment & Intimidation Templates | Harassment by Telephone(22/8/2012 sent refer #397At last I've found this my Equifax (NOT IN EXPERIAN) printed credit report...
HISTORY
STARTED: 3/8/2004
CURRENT BALANCE: £1909
DEFAULT BALANCE: £1960.00 (16/06/2006)
DATE UPDATED: 04/03/2012
PAYMEMT HISTORY: 05/2006=1, 06/2006=D
But can't remember when I make the last payment.
21/8/2012 BALANCE £1908.56 (#413)
Lettter from AIC received today(1/9/12), we have been unable to come to an acceptable arrangement with you regarding that our Client initiate further action. This is your last chance to work together with us. It is in your best interest to come to a mutually acceptable agreement. Therefore pls telephone our office to discuss the matter further. Alternatively you can complete the enclosed financial statement and return within 7 days(letter dated 21/8 received today 1/9) of receipt of this letter together with an offer of payment. Suitable payment methods are available on the reverse of this letter. (refer#414 see what they send next).
22/8/2012 (#558)
Received letter (dated 19/12/12) from Barclaycard. Yr Barclaycard a/c has now been passed to Wescot to manage the collection of the balance outstanding on yr a/c. You should contact Wescot as a matter of urgency on XXXXXXXXXX. Pls contact Wescot, who will discuss with you proposals for repayment of the balance outstanding on yr a/c.(refer #559 ignore for now, and wait for Wescot to write to you first).

29/1/2013
Letter from Wescot received today (31/1/13). Wescot is a specialist DEBT COLLECTION organisation. We have been instructed by our client to collect the outstanding balance on their behalf.
You should read both sides of this notice carefully, follow the instructions & reply IMMEDIATELY. If you have any queries or any of the information supplied is incorrect, pls contact us on XXXXXXXXX.
TO AVOID WESCOT TAKING FURTHER ACTION, YOU MUST:
1. PAY THE DEBT IN FULL TO: XXXXXXX OR 2. CONTACT US ON: XXXXXXXXXX.
PLS CONTACT US ASAP AS FAILURE TO DO SO WILL RESULT IN FURTHER RECOVERY ACTION.
If you have any reason to complain about the way Wescot has handled this matter, we can provide you with written details of our complaints procedure on request.

4/2/2013
Our Templates | Unenforceability Templates | Account Sold whilst in Dispute & CCA request sent by recorded. (refer #637 & #638)

15/2/2013
Letter from Wescot received today (20/2/13). We refer to yr recent letter requesting a copy of the credit agreement for the above a/c, pursuant to the CCA. We are not the creditor for this a/c but are instructed on behalf of the above client. In the circumstnances, we are returning yr cheque which was made payable to as this needs to be made payable to Barclaycard. You can either send yr request direct to our client or resend it to us & we will then forward it to them. In the meantime, you will need to make arrangements to pay the a/c. We shall place the a/c on hold for 28 days to enable you to agree a repayment arrangement.
6/3/2013
Our Templates | Unenforceability Templates | Account Sold whilst in Dispute sent by recorded. (refer #669 &#671)

15/3/2013
Letter from Wescot received today (19/3/2013). 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.

10/4/2013, 19/4/2013 & 26/4/2013
Letter from Wescot received. 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.

8/5/2013
Reconstituted copy of CCA from Barclaycard received today (11/5/2013). Due to the current status of yr a/c, the full outstanding balance is now due. We are currently unable to provide a copy of the terms of yr credit agreement as varied in accordance with section 82(1) of the Act. We accept that we are therefore prevented from enforcing our agreement with you while this state of affairs continues. Notwithstanding that we cannot currently enforce the agreement, our rights continue to exist under that has accrued on yr a/c. We can & will continue to take any action short of enforcement, which includes reporting to credit agencies without also telling them that the agreement is currently unenforceablek demanding payment from you, ossiomg a default notice to you & instructing a third party to demand payment or otherwise seek to procure payment. We refer you to the case of Philip McGuffick v The RBS [2009] EWHC 2386 in which it was held that none of these steps constituted "enforcement" for this purpose. Pls note that the decision in Carey v HSBC [2009] EWHC 3417QB makes it clear that an unfair relationship cannot be said to have arisen between us as a result of the fact that we have not currently complied with section 78 of the Act. To the extent that you seek to allege that an unfair relationship has arisen, such allegations will be opposed. This completes our obligations under Section 78 of the Act. Emailed to Niddy

13/5/2013
Niddy confirmed just missing some terms, send Our Templates | Unenforceability Templates | CCA Query - Missing Prescribed Terms
for now and see what they come back with. refer #731

14/5/2013
Our Templates | Unenforceability Templates | CCA Query - Missing Prescribed Terms sent by recorded.

[Lovemoney]

Re: Need Advice

CAPITAL ONE (CREDIT CARD)

START DATE: 7/4/2005
DEFAULT BALANCE: £1821
DEFAULT ON: 27/4/2009

HISTORY

3/11/06
£1 token payment due to review on 1/12/06.

4/7/08
received details to set up standing order for £1 payment

23/7/09
sent cca request

3/8/09
request £1 for a section 78 (i didn't reply)

6/9/09
£1 reduced payment plan ended and continue payment until new payment arrangement, request benefit & employed docs.

4/10/09
reduced payment ended request budget sheet.

26/3/10
payment plan reminder request budget sheet with benefit & employed docs

2/4/10
send in proposal, hardship difficulties & budget sheet.

23/4/10
confirmed above docs received review 6 months.

27/4/2010
letter received saying my signature doesn't match resend with correct signature.

8/10/10
payment plan reminder request budget sheet with benefit & employed docs.

15/10/10
send in proposal, hardship difficulties & budget sheet.

22/10/10
confirmed above docs received review 6 months.

24/4/10
payment plan reminder request budget sheet with benefit & employed docs.

5/5/10
send in proposal, hardship difficulties & budget sheet.

18/5/10
confirmed above docs received review 6 months.

8/11/11
reduced payment ended request budget sheet.

14/11/11
sent budget sheet, creditors list, husband's illness proof request writting off debt.

23/11/11
request a copy dr's letter/hospital consultant letter/current sick note.

12/12/11
send in a copy psychiatrist letter.

21/12/11
replied have reviewed my a/c and can confirm that we will suspend interest and default sums. will contact again in 3 months to review a/c and ask to complete a review of financial circmstances. Continue to pay what can afford each month. Things need me to do: CANCEL any previous d/d has been set up. Any cotinuous payment agreements eg. monthly or yearly subscription, ensure they cancelled directly with the co. concerned.

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.

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.

12/7/13
Letter from LOWELL PORTFOLIO received (13/7/13). Writing to update you on the progress of yr complaint investigation. In order to investigate yr complaint fully, it has been necessary to gather & review relevant information about yr case from CAPITAL ONE & this is taking longer than anticipated. Hope to have completed my investigation & be in a positon to provide you with a full response within the next 2wks. As it has now been 8wks since we received yr complaint you do have a right to refer yr case to the Financial Ombudsman, although I trust that this will not be necessary. If you would like to discuss yr case further at this stage, pls feel free to contact a member of my team on XXXXXXXXXXX.

4/9/13
Letter from LOWELL PORTFOLIO received. I Have investigated the matter & this letter sets out the result of those investigations. Summary of yr complaint Believe our pursuit of the outstanding balance to be harassment as yr Section 77/78 CCA request by CAPITAL ONE was not complete, you believe this debt to be unenforceable & should not have been sold to us. My findings I apologise that you feel harassed by our activities in pursuit of this outstanding balance. I can assure you that this is certainly not our intention & that all of our procedures comply with the regulations & codes of practice laid down for the industry within which we operate our business. Believe the a/c to be valid & collectable. Will place the a/c on hold for 30 days for you to review all the information & contact us with yr payment proposals. After this period the a/c will passed to our Collections Dept. & collection activity will resume. Hope that this response concludes the matter to yr satisfaction. If you need to discuss this further pls do contact me or write to me. The FOS provides a dispute resolution service to assist customers who feel their complaint remains unresolved. Naturally, this response hope that you will not feel the need to do so. ~ Received photocopy Original Agreement & Defaulted Agreement (Emailed Niddy).

26/9/13
Niddy confirmed is a recon advised send Our Templates | Unenforceability Templates | CCA Query - Missing Prescribed Terms(SENT).

31/10/13
Letter from LOWELL FINANCIAL received (4/11/13). LOWELL PORTFOLIO 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. What you need to do now It's very important that you do one of the following things asap: 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.

1/11/13 BALANCE: £1785.43
Statement of your a/c from LOWELL PORTFOLIO received (6/11/13). This notice is being given to you as required by the CCA1974 because you fell behind with yr payments under this agreement (7/4/2005) with yr original creditor. refer #803

11/11/13
Creditor Refusal to Accept UE Status (dated 8/11/13) sent by recorded.

26/11/13
Letter from LOWELL PORTFOLIO received. You believe yr Section 77/78 CCA request by CAPITAL ONE was not complete, therefore you believe this debt to be unenforceable. My findings You are in possession of our final response, dated 4/9/13 & in the absence of any new information being received from you there is nothing further that I can add. Should it be the case that further correspondence of a similar nature is received with no further information being provided, we will not respond but will of course note receipt of any correspondence onto yr a/c. To bring this matter to a suitable resolution we ask that you provide us with documentary evidence as to why CAPITAL ONE failed to comply with yr Section 77/78 CCA request. This information will allow us to investigate this matter further. I respectfully disagree that this a/c is unenforceable on the basis that yr request made under section 77 and / or 78 was not answered by CAPITAL ONE within the prescribed time of 12 working days. To further clarify this piece of legislation: An a/c is deemed unenforceable if the 12 working days have elapsed until the time the required documents are issued. As both CAPITAL ONE & LOWELL FINANCIAL have provided these deem the a/c to be enforceable. I refer you to section 78(6)(a)& section 77(4)(a) as appropriate that says that a creditor, such as LOWELL PORTFOLIO cannot enforce the term of any agreement until such time as any requests made under these sections of the CCA for a copy of the a/c agreement has been answered. The documents required to be supplied have been the subject of a lengthy legal test case of Carey v HSBC[2009] where it was held by the High Court that the comply with a section 77/78 request:- 1. The original signed agreement need not be supplied as a reconstituted copy of the agreement is sufficient provided it contains the name & address of the person as it was when the credit agreement was signed; & 2. If the terms & conditions of the credit agreement have been varied following the date it entered into then a copy of the last varied terms should also be supplied. In summary the information that we have sent to you in response to yr section 77/78 request complies with all legal requirements & regulatory guidance. Have placed yr a/c on hold for 30 days to give you the opportunity to set up an affordable payment arrangement based on yr current circumstances. We not hear from you within this time, yr a/c will be returned to our Collections Dept. further action which may include Legal action.

28/11/13
Letter from LOWELL FINANCIAL received. 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 balance, 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 asap. *refer #809

13/12/13
Threat to Commence Litigation sent by recorded.

14/1/14
Letter from LOWELL FINANCIAL received (15/1/14). Further to my letter of 4/9/13 have concluded review of yr complaint. Whilst the information available to us indicates that this debt is due & payable, we will, in the circumstances, take no further action to recover the debt & yr a/c will be closed. Regret any distress or inconvenience that may have been caused & trust this now concludes the matter. In letter dated 4/9/13 gave you yr rights to use the services of the FOS.