Lovemoney UE Diary

[CleverClogs (RIP)]

Re: Lovemoney UE Diary

Does it?

Yes.

Where?

Here:

I therefore suggest you go away and stop harassing me with such nonsense. If you really want to waste my time, the courts time and your clients time by pursuing this "lost cause" then please feel free - however this will be emphasised when I apply for set-aside, moreso because I am telling you the law and telling you that whilst an account is in dispute no formal action can and should be taken.

I shall be citing the following reasons; to get any formal request made by you, or your solicitors, set-aside:

• The creditor failed to comply with the rules and prejudiced the debtor in the process.
• The demand was issued in error.
• The amount stated on the statutory demand is disputed.

...I can't see anywhere that it mentions SD or Insolvency Rules

Try these:

[Pixie]

Re: Lovemoney UE Diary

I stand corrected...

[Lovemoney]

Re: Lovemoney UE Diary

Hi Pixie, SH & CleverClogs

I appreciate the input....

If it was me, I'd just send something like this -

"I am in receipt of your letter dated 3/1/13, in which you reference a "recent" letter from Bryan Carter Solicitors. Note that the latest letter I have received from that organisation is dated 14/11/12, and was responded to on 26/11/12.

I refer you to that response, and enclose a copy for your convenience."

will do that....

Add a copy of the "Enough is Enough" response, because the previous one was sent to Carter.

also will send new copy of -Unenforceability Templates | Repeated Threat by Creditor - Enough is Enough Response to FREDRICKSON.

The reference to Carter in this latest letter has been included purely as a frightener, because they have already backed down from legal action in the light of Paul's response (14/11 – full of facetious drivel, but in reality an admission that no compliant paperwork exists).

[Lovemoney]

Re: Lovemoney UE Diary

Dear Sirs,

Ref: xxxxxxxx

I write with reference to your rather confusing and contradictory letter dated xx/xx/xxxx.

You have made the absurd claim that s.74A did not apply to accounts opened before that section passed into law and that the overdraft was not a regulated agreement, then you claim that the bank had complied with s.74B which means the overdraft was a regulated agreement after all.

Would you care to provide the information requested, before I consider referring this to the regulatory bodies for investigation into your conduct and misleading manner.

Yours faithfully,


Sign Digitally

Hi Niddy

Happy New Year to you.

Thanks for the above letter....Should I respond to a joint overdraft letter in my or both our names? So far they have all been addressed to me.

The letter I received was dated weeks earlier, should I pre date it? Please advice.

[CleverClogs (RIP)]

Re: Lovemoney UE Diary

Thanks for the above letter....Should I respond to a joint overdraft letter in my or both our names? So far they have all been addressed to me.

Then reply in just your name.

Their brains are evidently somewhat lissencephalic, so one should not risk confusing them.

The letter I received was dated weeks earlier, should I pre date it? Please advice.

No, date it accurately; thank them for their letter dated whenever, posted whenever (check the postmark) and which you received on such-and-such a date.

[Lovemoney]

Re: Lovemoney UE Diary

CleverClogs
Thank you for just replying...will do

[Lovemoney]

Re: Lovemoney UE Diary

CAPITAL ONE (CREDIT CARD)
ACCOUNT SOLD TO DCA: CAPQUEST & FREDRICKSON INT.
HUSBANDS
Short letter (refer #582) attached with a copy of the "Enough is Enough" response which was sent to Carter.

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
Dear Sirs,
Ref: xxxxxxxx
I write with reference to your rather confusing and contradictory letter dated xx/xx/xxxx.
You have made the absurd claim that s.74A did not apply to accounts opened before that section passed into law and that the overdraft was not a regulated agreement, then you claim that the bank had complied with s.74B which means the overdraft was a regulated agreement after all.
Would you care to provide the information requested, before I consider referring this to the regulatory bodies for investigation into your conduct and misleading manner.
Yours faithfully, (Refer #569)

UPDATE...

Both letters are printed will send them off by recorded tomorrow .

Many thanks for all the help .

[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
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*

UPDATE...

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.

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!
12/11/2012
Our Templates | Unenforceability Templates | Account Sold whilst in Dispute sent.
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*

UPDATE...
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.

Filed...

[ScabHunter]

Re: Lovemoney UE Diary

My word, Lovemoney! You must be some kind of magician to get Crapbot to admit that anything is unenforceable, even only temporarily. That is more than I ever managed to get out of them!

No doubt they will come out with a reCON at some point, but for now they are grovelling and you can have a rest from having to send out replies. Small victories have a habit of turning into larger ones further down the line.

SH

[Undercover Elsa]

Re: Lovemoney UE Diary

Whoo hoo! a double whammy Lovemoney
Cabot must be grinding their teeth now

Well done!

Elsa xx

[IF]

Re: Lovemoney UE Diary

Well done from me too Lovemoney.......love good news on here

[Lovemoney]

Re: Lovemoney UE Diary

SH, Elsa & IF....

All thanks to :niddy this fantastic AAD site & everyone who has helped me get this far on my diary and behind the scenes when I have need guidance .

[Lovemoney]

Re: Lovemoney UE Diary

LLOYDS TSB (CREDIT CARD)
HUSBANDS
17/12/2007 BALANCE: £427.77
reminder in arrears £1 payment required agreed under the instalment plan.
22/1/2008
received threat letter from Credit Security Ltd(debt enforcement office) demand full payment immediately failure will result dc calling or ccj.
5/2/2008
received threat letter from Credit Security Ltd documents for legal action now being prepared blah blah...
30/8/2009
received letter from Robinson Way & Co for formal demand payment more threat.
9/9/2009
cca request sent.
16/9/2009
replied saying request for a copy of cca be directed to them (lloyds tsb) a/c has been placed on a temporary delay until receive cca by lloyds tsb.
25/11/2009
received letter saying in view of my recent query & comment, we have today removed your a/c from our files, & returned my case to lloyds tsb who will deal directly with me in the future. lloyds tsb has been made aware of the reason why a/c is being closed & returned.
8/7/2011
received letter from tsb & dlc have 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.
22/7/2011
received letter from dlc telephone to discuss for payment options(f&f settlement or monthly paments).
27/7/11
send in proposal, hardship difficulties & budget sheet.
8/8/11
received Notice of Debt Recovery from dlc.
6/9/11
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 bank details from dlc to set up standing order.
7/11/11 balance: £417.77
received Notice of Sums in Arrears.
6/1/12
received annual statement of a/c £415.77 from dlc.
26/3/12
cca request sent DLC (latest dca).
18/4/12
received reply (but letter dated 2/4/12) saying still awaiting from original lender (Lloyds) when these become available will be forwarded to me. If unable to forward original agreement will be able to supply a true copy which comply with section 77-79 of the Consumer Credit Act 1974 rulling in the case of McGuffick V RBS judgement dated 6/10/09 in relation to "what is considered enforcement", the judgement stated that the bringing of proceedings is not enforcement. It follows that demanding payment is step taken prior to the commencement of proceedings & therefore not considered enforcement. We will continue to report the account status to the CRA as this is also not considered as enforcement. Whilst may not be able to enforce the agreement until the documentation is provided, the monies remain outstanding and ther underlying obligation to repay remains intact. In view the above judgement a/c remain with collection department for collections activity to continue. will update on developments in 21 days if there are no developments beforehand.

UPDATE...
10/1/13
Received annual statement 6/7/2012-5/1/2013 of a/c £403.77 from dlc.

need some advice for this account please.

[ScabHunter]

Re: Lovemoney UE Diary

[SIZE=1]


UPDATE...
10/1/13
Received annual statement 6/7/2012-5/1/2013 of a/c £415.77 from dlc.

need some advice for this account please.

What type of advice?

Have they sent anything since that “we've got no paperwork buy pay us anyway because we're nasty” drivel of 18/4/12?

SH

[Pixie]

Re: Lovemoney UE Diary

You don't need to do anything in my opinion. It's just a statement.

Until they can supply your agreement, they are in default.