Lovemoney UE Diary

[Lovemoney]

Re: Lovemoney UE Diary

I2D

thanks for the reply...much appreciated.

I'm paying Crapot £1 by standing order since 27/10/12.

[ScabHunter]

Re: Lovemoney UE Diary

I've read through some more of the posts to get a better idea of what is happening, but I still can't understand why a standing order was set up to give money to Crapbot.

Unenforceability is a strategy you either follow or you don't. You cannot half follow it or follow it alongside another strategy. The end goal of any attempt at following UE must be to reach the statute barring date, where there has been no payment or written acknowledgment for a continuous period of six years. That can never happen if you are continually pushing the SB date ever further into the future.

In my opinion, setting up a standing order with Crapbot so soon was a mistake. It removes any hope of this situation resolving itself through limitation, and it offers no protection whatsoever against litigation. This is an extremely difficult situation whichever way you try to play it, for three reasons. Firstly, the overdraft CCA law and the request we have is completely untested. Then, I believe you are a homeowner, which makes you a sitting target for a litigious enemy. Also, there is the fact that Crapbot are extremely prone to using the courts for a quick solution.

All in all, it is an incredibly difficult situation to handle. You could try to go down the unenforceability route by ceasing payments and challenging the CCA paperwork, or you could follow a more CAG-style strategy of trying to keep the payments down to £1 a month. This would appear to be achievable, as you have already set up an order for this amount, but if you do go down this route any hope of getting closure on the situation evaporates. You would need to negotiate a F&F settlement at some stage, but Crapbot are going to be reluctant to agree to that when the SB date is never going to arrive and they can always attempt to gain control of the alleged debt through a court judgment followed by a charging order.

I don't think there can be any “right” way to handle the situation, as it is impossible to predict what the enemy will do. All that can be stated definitely is that you need to be following one strategy or the other – either UE or a £1 a month strategy. If you are going to challenge the paperwork, then you definitely cannot be continually resetting the limitation clock. If you want to try the £1 a month system, don't annoy Crapbot by sending requests they will just ignore and refute.

There really is no-one who can make these choices for you, as it depends on so many circumstances. How much equity is there in the property? How many other alleged creditors are there who could take a piece of the pie if the house was forced into sale by bankruptcy? Is voluntary bankruptcy a possibility if this whole situation blows up and you end up with several court judgments?

There is a definite need here to plan a sensible overall strategy, to avoid further tactical errors being made. I'll try to read through the whole thread again to get a better overview of the situation.

SH

[SXGuy]

Re: Lovemoney UE Diary

I agree with SH for the most part.

But there does come a point where the UE route has to be decided to either end or continue for a win.

If you have someone on your back who are serious about litigation, they will litigate whether you dispute the paperwork or not.

The question is whether what you are disputing is a solid clear court win.

relying on s77-79 alone will not stop a creditor from trying court.

So if you believe that the only likely avoidance of that is through payments, then thats a choice you take.

You can still defend a claim even if you had been making payments.

But yes SB will never come.

[pepe2008]

Re: Lovemoney UE Diary

Very true SX, if you have an Account that you know has a good CCA and have been doing evrything right ( rare I know!), unless you have another way of wiping them out, if you can get them to agree to a low regular payment then you may as well do so...

.... but once you have done so, shut up and keep your head down !

But be sure that it is an unfightable one or you are just wasting your money.

[Lovemoney]

Re: Lovemoney UE Diary

[ATTACH]5112[/ATTACH] #310
I received above letter from Barclaycard. And I've checked through all my creditors. The account reference doesn't exist.
Please kindly give some further advice how to deal with this method.
Thanks as always. Refer #311 ignore

At 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.

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.

[/SIZE] #413

UPDATE...
21/8/2012 BALANCE £1908.56
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.

Any advice on how to respond to above please....
Refer #414 would see what they send next

UPDATE...
22/8/2012
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.

Merry Christmas to everyone

Can someone please advise what to do next...

[SXGuy]

Re: Lovemoney UE Diary

Nothing, ignore for now, and wait for Wescot to write to you first.

[Lovemoney]

Re: Lovemoney UE Diary

Hi SH, SxGuy & Pepe2008
Firstly sorry for the delay in replying (#555-#557),
Thank you guys your opinions, support & help…much appreciated.
SH…Original UE route was the idea choice but was guided (my diary thread #75) by mistake into making token payments, now it’s too late to turn back the clock which caused the mess with this collector.
I have thought through all the comments, and like you said overdraft legislation won’t be easy to compose and handle as it’s relatively new.
Will take the advice try to get them to agree to a low regular payment, is there a suitable letter you can recommend? It would be much appreciated, thanks.

[Lovemoney]

Re: Lovemoney UE Diary

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
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.

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.
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.....
12/8/2012
Would see what they do next (Advice #382).

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 £2346.20, 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 £2346.20. 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!

UPDATE...
20/12/12
Received letter (dated 15/12/12) from Cabot.


I think Cabot got muddled up, we both received the same letters and same amount £1452.33. Only different is reference number. I guest they suppose answer each a/c above.

Any advice would be grateful. Thanks

[Undercover Elsa]

Re: Lovemoney UE Diary

Hi Lovemoney,
That's a cut and paste job with phrases they've templated in response to our templates

In my view doesn't require a response. Leave them to scrabble around trying to find the agreement. It should go quiet for a while now.

However, let us know if they contact you again for payment before they comply, as that would probably need a response.

Elsa x

[Lovemoney]

Re: Lovemoney UE Diary

Elsa

Thanks for replying. It is very much appreciated .
Will take your advice ignore & wait for...will keep you updated .

[Undercover Elsa]

Re: Lovemoney UE Diary

Just bumping this up as it's not been dealt with yet..

[QUOTE=Lovemoney;167109]HALIFAX (JOINT CURRENT A/C)
STARTED: 18/4/2006
CURRENT BALANCE: £2712 (5/6/11)
SPECIAL INSTRUCTION INDICATOR: Debt Management Programme
SPECIAL INSTRUCTION START DATE: 1/4/2009
SPECIAL INSTRUCTION END DATE: 1/11/2009


26/3/12
Overdraft CCA request sent (Blair, Oliver).
14/9/12
Letter received (19/9/12 #439) BANK OF SCOTLAND writing to notify you that bank of scotland has assigned all of its respective rights, tittle and interest in respect of the above referenced a/c (including the outstanding balance) to Cabot Financial (UK) Ltd effective 3/8/2012.The total balance sold was £2702.51, as at the date of sale 03/08/2012. Any payments made towards yr a/c after 3/8/12 will be forwarded to Cabot Financial, & will be deducted from the balance shown above.
Letter received (19/9/12 #439) CABOT FINANCIAL has recently bought the a/c you held with Bank of Scotland & we're now responsible for answering yr queries & receiving payments. According to our records you currently owe £2696.51.Your agreed monthly repayment plan with Bank of Scotland now needs to be maintained with Cabot. Pls ensure that with immediate effect all future payments are made direct to us. We regularly review the arrangements on our a/cs, including the monthly payment a/c. IMPORTANT: if, for any reason, we don't receive yr payments on time we'll cancel this arrangement. The full outstanding balance will then become due.
19/9/12
Account Sold whilst in Dispute sent. (*Refer #440)
2/10/12
Short note for request bank details from Cabot sent. (#456)
16/10/12
Letter(dated 15/10/12) from Cabot received today......(*Refer #462)
18/10/12
Bank details received.
22/10/12
Overdraft - CCA Information part 2 sent. (*Refer #463)
30/10/12
Letter from Cabot received...Repaying yr A/C tnx for yr recent payment. However, there is no agreed repayment plan currently in place. The most important thing for you to do now is to get in touch with us & one of our helpful customer adivsors will discuss the options for repaying yr a/c. If you've already agreed a repayment plan, pls ignore this letter. (Refer #502 see what they send next)

UPDATE....

13/12/12
Received letter (dated 26/11/12) from Cabot...

Please advise what should I do...

[Undercover Elsa]

Re: Lovemoney UE Diary

I don't get their argument that because you weren't told when the account opened that if you went into unarranged overdraft it would become regulated by CCA 1974 then your comments are irrelevant as s74A does not apply.
Despite the fact that they neglected to inform you, surely it came into effect automatically one you went into unarranged OD?

I'd like to get Niddy's or Clever Clogs' view on this comment..

[SXGuy]

Re: Lovemoney UE Diary

How can you say, because you wasnt informed of this, it doesnt apply? thats stupid.

If you wasnt informed that you broke the law, does that mean you havent broke the law? of course not.

Regulations are there, irrispective of knowlege of them. The old "ignorance is not an excuse" springs to mind.

Niddy, what you saying?

[Undercover Elsa]

Re: Lovemoney UE Diary

Niddy's pretty busy right now but I've asked Cleverclogs if he'll look in

[CleverClogs (RIP)]

Re: Lovemoney UE Diary

Received letter (dated 26/11/12) from Cabot...

Please advise what should I do...

That's clever - you do realise those numpties have effectively contradicted themselves, don't you?

First of all, they made the absurd claim that s74A did not apply to accounts opened before that section passed into law and that the overdraft was not a regulated agreement, then they claimed that the bank had complied with s74B which means the overdraft was a regulated agreement.