Lovemoney UE Diary

[Lovemoney]

Re: Lovemoney UE Diary

LLOYDS TSB (CREDIT CARD)
HUSBANDS


26/3/2012
cca request sent.

4/4/2012
received printed CCA without signature (same CCA which Mrs received under her name previously, Niddy says unenforceable)

10/4/2012
Missing Prescribed Term sent.

UPDATE...

7/8/2012
received letter from Lloyds...your repayments are in arrears & a payment of £2 is required. You are reminded that in order to avoid further action, payments must be made on the due date previously agreed under the instalment plan. If you are unable to make these payments, please complete & return the questionnaire overleaf within 10 days to enable us to assess yr situation. If you wish to make a payment today using either yr debit or credit card then please contact us.....

Should I resend another copy of MPT letter? Advice please.

[Lovemoney]

Re: Lovemoney UE Diary

LLOYDS TSB (CREDIT CARD) CO(Restrictions)
HUSBANDS
BALANCE: £3103.38

ACCOUNT OWNER: CREDIT SECURITY LTD (2008); ROBINSION, WAY & CO (2009); DLC (2011)


18/7/11 Balance £3099.38
received letter from tsb has assigned all tittle and interest including the outstanding bal to Hillesden Securities Ltd. Under the term assigment, as defined Data Protection Act 1998. DLC has been appointed by Hillesden to manage my a/c and future payments and correspondence.

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

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

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

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

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

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

13/9/11
received letter from Hillesden Securities saying following our recent complaint letter have been removed our contact no from their record.

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

28/9/11
received letter from Aplins instructed to issue legal proceedings against me unless payment in full immediately. If payment not received 14days a Claim will be issued NCCBC together with claim a interest & legal costs.

12/10/11
received Notice of Default Sums from dlc & court claim form.

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

Note: Admission form lost in the post.

2/11/11
received Judgement for Claimant(in default) order forthwith amount.

21/11/11
sent in form N245(variations).

16/1/12 Balance £3436.38
received annual statement of a/c from dlc. applied for a Charging Order on property secure payment and enclose copies of the application and the Interim Order.

Note: last minute noticed the hearing date is for final Charging Order instead Interim Order so OP too late to object to the application. I brought all the relevant details to the hearing unfortunately in and out judge's office within 2 mins. Sadly this is typical process for a CO hearing short, blunt and brutal.

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

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

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

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

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

UPDATE...

31/7/2012 BALANCE £3544.38
received PAYMENT PLAN CONFIRMATION from DLC
To start from: 5/8/2012
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 arrangement will be subject to review at our discretion and may be terminated by us at any time without notice.

[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

18/9/10
ask to write of the debt due to my circumstances.

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.

UPDATE...

11/8/2012



Further advice needed please.

[SXGuy]

Re: Lovemoney UE Diary

ok, this is how i see it.

Have they complied with CCA Request? Yes

Have they satisfied your Section 78 Request? Yes.

But satisfying your request does not mean enforceable in court.

I highlight the paragraph where it states "We are unable to obtain a signed copy of the application form"

[Pixie]

Re: Lovemoney UE Diary

If Niddy says it's UE, it's UE!

I think I would send Our Templates | Unenforceability Templates | CCA Query - Creditor Refusal to Accept UE Status

[Deepie]

Re: Lovemoney UE Diary

UPDATE...

9/8/2012
received A letter from FREDRICKSON INTERNATIONAL LTD...have been instructed by Capital One who have passed this a/c to us for collection of the outstanding balance. As we have been appointed as thier agent you should now make sure you contact and not Capital One. We are authorised to contact you to secure repayment of the debt. You have failed to pay the balance of £10052.71 which remains outstanding despite previous repeated requests for payment. Our client now requires payment in full to avoid further action. YOU MUST CONTACT INNEDIATELY to discuss the matter further. For your convenience payment can be accepted by debit card, credit card or cheque.

any thoughts

This if it were me----------> Account Sold whilst in Dispute

[Deepie]

Re: Lovemoney UE Diary

UPDATE...

7/8/2012
received letter from Lloyds...your repayments are in arrears & a payment of £2 is required. You are reminded that in order to avoid further action, payments must be made on the due date previously agreed under the instalment plan. If you are unable to make these payments, please complete & return the questionnaire overleaf within 10 days to enable us to assess yr situation. If you wish to make a payment today using either yr debit or credit card then please contact us.....

Should I resend another copy of MPT letter? Advice please.

I Would see what they do next.........

[Deepie]

Re: Lovemoney UE Diary

UPDATE...

11/8/2012
[ATTACH]5624[/ATTACH]
[ATTACH]5625[/ATTACH]

Further advice needed please.

If Niddy says it's UE, it's UE!

I think I would send Our Templates | Unenforceability Templates | CCA Query - Creditor Refusal to Accept UE Status

That's what I would do...........

[Lovemoney]

Re: Lovemoney UE Diary

If Niddy says it's UE, it's UE!
I think I would send Our Templates | Unenforceability Templates | CCA Query - Creditor Refusal to Accept UE Status

This if it were me----------> Account Sold whilst in Dispute

Cheers...Pixie & I2D all done & ready to go in the morning....

I Would see what they do next.........

will do that I2D...Thanks

[Lovemoney]

Re: Lovemoney UE Diary

ok, this is how i see it.
Have they complied with CCA Request? Yes
Have they satisfied your Section 78 Request? Yes.
But satisfying your request does not mean enforceable in court.
I highlight the paragraph where it states "We are unable to obtain a signed copy of the application form"

SXGuy
Thanks for pointing it out....
Court is the last place I want to be & don't fancy going through that again .

[Lovemoney]

Re: Need Advice

CO-OP BANK

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


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.

UPDATE....

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.

Ignore as usual...

[Lovemoney]

Re: Need Advice

CAPITAL ONE (CREDIT CARD)

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

13/7/12
Templates | Unenforceability Templates | Threat by Creditor - To Commence Litigation sent.

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.

UPDATE...

13/8/12
received letter from CAPITAL ONE as below...



Further advice needed please...

[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
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.

UPDATE...

16/8/2012
received letter from BLS...It is essential that you telephone BLS Collections on XXXXXXXXXXXX TODAY.

Any thoughts....

[Deepie]

Re: Need Advice

UPDATE...

13/8/12
received letter from CAPITAL ONE as below...
[ATTACH]5672[/ATTACH]
[ATTACH]5673[/ATTACH]

Further advice needed please...

I had one of those letters nearly 3 years ago now............

UPDATE...

16/8/2012
received letter from BLS...It is essential that you telephone BLS Collections on XXXXXXXXXXXX TODAY.

Any thoughts....

I would see what they send next..........

[Lovemoney]

Re: Lovemoney UE Diary

FIRST DIRECT (LOAN) CCJ
ACCOUNT SOLD TO DCA: LARGO LEGAL & RECEIVABLES
HUSBANDS

16/11/2007 BALANCE: £17101.52
repayment agreement due to review. Income & expenditure and documentary evidence requested failure respond legal action taken.

5/2/2008 Balance: £17101.52
received my correspondence of offer. Has turned down my offer & requested £285.00 subject to regular review. Failure to make payment as requested result furthter action.

18/7/2008
Received Court claim form £18162.02+Court fee£310+Solicitors costs£100=£18572.02

22/8/2008 Balance: £18710.77
acknowledge receipt Form of Admission and note yr offer to discharge the debt £10 p/m. This offer is rejected since our instructions are obtain Judgement thereafter apply for Charging Order.

25/8/2008
(cca request sent previously). request Statutory Fee for a section 78 (i didn't reply).

9/7/2009
cca request sent

16/7/2009
received notice of change of Solicitor.

5/10/2009
sent complaint failed to send me a signed true copy of cca.

Note: some paperwork missing.

18/5/2012
received Notice of Assignment (dated 2/5/12 with ordinary post) advise that Phoenix Recoveries has assigned all....to Arrow Global Ltd, effective 13/5/11. All payments made on this a/c after 31/12/10 will passed to Arrow Global and will deducted from the current bal. It is essential that all future payments & correspondence regarding this a/c be directed to Largo Collections (which it is £1 standing order since 21/11/08). You should contact Largo Collections Ltd to organise payment of this a/c as a matter of urgency.

21/5/2012
SAR request sent.

23/5/2012
Check with the Court office and confirmed "NO JUDGEMENT".

6/6/2012
received reply from HSBC saying this office cannot provide details of First Direct accounts aas these are held by a separate legal entity to HSBC, need to write to the correct data controller at
First Direct
40 Wakefield Road
Stourton
Leeds
West Yorkshire
LS98 1FD

6/6/12
SAR request template resend.

13/6/12
received letter from F/D saying request for information under the SAR unable to assist and have returned £10 cheque. In order to proceed with the request need to complete an application form (#286) enclosed and supply with an original signature have 40 days from then to process the request.

25/6/12
Niddy Special letter (#292) with a copy of the original request and the original £10 cheque payment sent.

2/7/12
received reply (#300) with £10 cheque returned.

9/7/12
Creditor Refusal of SAR with the original £10 cheque payment sent.

12/7/12
received letter from F/D thanks for yr letter dated 4/7/12. Sorry you remain dissatisfied with our verification requirements for providing information under the DPA. We are still unable to proceed with yr request & have returned £10 cheque as still not been to verify yr identity. If you still require the Data Subject Access need you to identify yourself: provide me with an original signature that matches our record or by calling us complete our verification process over the telephone we can proceed without you original signature. Once request has been verified and the £10 fee received then able forty days from then to process it. If you do not identify yourself by 9/8/12 presume no longer wish to proceed with the DSA request.

17/7/12
Final Response - SAR Request (signed on top anti tamper image) with original £10 cheque sent.

yes you could use the DPA, indeed, my only concern is they can get out of providing it by saying its disproportionate to search archives for example
or they could argue its not held in a relevant filing system
there was a case involving the Welsh Ministers that dealt with the limits of DPA

Hi Paul

I have received SAR from F/D which part should I be looking for...