Lovemoney UE Diary

[Lovemoney]

Re: Lovemoney UE Diary

TESCO (CREDIT CARD)
STARTED: 17/6/2005
CREDIT LIMIT: £1750
CURRENT BALANCE: £1703
DEFAULT BALANCE: £1771.00 (10/07/2006)
HISTORY

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

UPDATE...
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.

I shall send the Account Sold While in Dispute letter to Wescot as Pixie suggested previously.

[Never-In-Doubt]

Re: Lovemoney UE Diary

ok good luck

[Lovemoney]

Re: Lovemoney UE Diary

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. (£1 by standing order since 27/10/12)
22/10/12
Overdraft - CCA Information part 2 sent & set up s/o £1 pm. (*Refer #463 & #479)
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)
13/12/12
Received letter (dated 26/11/12) from Cabot...(#546)
2/1/13 BALANCE £2693.51
Letter from Crapot received today (4/1/13).
Your outstanding debt
According to our records you currently owe £xxxx even though we have made repeated attempts to obtain yr commitment to repay this debt. It's now vital that you contact us urgently to discuss yr a/c.
If we don't hear from you
I you don't contact us to agree a suitable repayment plan we will have to move yr a/c to the next stage of our collections process.
Contactihng Cabot
The most important thing for you to do now is to get in touch with us urgently, to prevent further action being taken. Call XXXXXXXX & one of our helpful customer advisors will discuss the options for repaying yr a/c. Our aim is to help customer get their a/cs cleared-so contact us now.
7/1/13
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) sent by recorded.
22/1/13
Letter from Crapot received today (24/1/13). I refer to yr letter received in our office on 10/1. I note the comments in yr letter & have reviewed our previous correspondence in this matter. I appreciate there ay have been some confusion caused due to the legalities involved however it is the case that we are not required to comply with a request for information under section 77/78 of the CCA 1974 on a current a/c. As a result yr claims of unenforceability on this basis are incorrect. Nevertheless, pls be assured we are willing to obtain further documentation for you if that is required. Therefore I have referred yr a/c to our Customer Relations Dept. to obtain any availabe information & they will contact you accordingly. In the meantime I would recommend you maintain yr payments of £1 p/m. (refer #621&#623 £1 s/o cancelled)
1/2/13 BALANCE: £2693.51
Letter from Crapot LIMITED OFFER Repaying yr a/c-our offer to you If you respond within the next 30 days from the date of this letter, we are able to offer you a discount of up to 30%* to settle yr a/c. If you'd like to take advantage of this offer, pls contact us immendiately. Alternatively, we may be able to offer you an attractive repayment plan which will enable you to repay yr outstanding balance within 5 yrs. The most important thing for you to do now is to get in touch with us immediately.
27/2/13 BALANCE: £2692.51
Letter fromCABOTreceived today (7/3/13).Further to our previous correspondence. We have obtained a copy of the statements of a/c & have enclosed these for yr attention. Once you have reviewed this document we request you contact us within 28 days to discuss yr query further. We look forward to hearing from you. We have placed the a/c on hold for a period of 30 days. Howeverm should we fail to hear from you this may result in the a/c being returned to our Collections Department. refer #680 see what they send next.

4/4/13 BALANCE: £2690.51
Letter from Crapot received today (11/4/13). Your outstanding debt According to our records you currently owe £2690.51 even though we have made repeated attempts to obtain yr commitment to repay this debt. It's now vital that you contact us urgently to discuss yr a/c. If we don't hear from you If you don't conatact us to agree a suitable repayment plan we will have to move yr a/c to the next stage of our collections process. Contacting Cabot The most important thing for you to do now is to get in touch with us urgently, to prevent further action being taken. Call XXXXXXXXXXX & one of our helpful customer advisors will discuss the options for repaying yr a/c. Our aim is to help customers get their a/cs cleared-so contact us now.
17/4/13
Overdraft - CCA Information part 2 sent by recorded. (*Refer #697 & #699)
22/4/13 BALANCE: £2690.51
Letter from CABOT received (25/4/13). We have had a look at the length of yr currently repayment plan with us & can clearly see that the plan in conjuction with yr age will be paying this a/c back to us for more than 15 yrs. Appreciate this is not an ideal situation. So we would like to help you be free of this a/c within a few mnths proposing to accept a lower amount to clear the amount. If you could find the money to repay £1345.26 then we will accept this as payment to clear the a/c in full yr mnthly payments can then cease. Ideally needs to be pd over the next few wks but if you do feel that you need more time then we can work with you to arrange this. If you would like take advantage of our offer then pls call us within next 14 days.

UPDATE...
24/4/13 BALANCE: £2690.51
Letter from CABOT received (4/5/13). Your letter dated 12/4 the contents have been duly noted. We can confirm that we sent statements to you in respect of this a/c on 28/2/13. We would also draw yr attention to our letter, dated 15/10/12, in which we advised you that there is no need for CABOT or Bank of Scotland to provide a copy of yr credit agreement under the CCA is set out in section 74(1)(b). Therefore, we believe yr comments regarding the enforceability of the credit agreement to be irrelevand. We can confirm that ur a/c remains with our Collection Dept. & it is important that you contact them within 30 days from the date of this letter to discuss yr repayment options. If we do not hear from you within this timescale, yr a/c may be escalated within our Collection process.
Any advice will be appreciated...

[Lovemoney]

Re: Lovemoney UE Diary

LLOYDS TSB (CREDIT CARD)
HUSBANDS
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. Refer #138 just keep a hold of that letter & wait & see what happens next
10/1/13
Received annual statement of a/c £403.77 from dlc.
1/2/13
Letter from DLC received today (6/2/13). ARREARS NOTIFICATION...you have not kept to the arrangement that we agreed for repaying yr debt, and are now in arrears of £403.77. Pls settle yr arrears without delay, to avoid possible legal action. If for any reason you are unable to make payment, or would like to re-negotiate the payment plan, pls telephone us to discuss the matter. We want to reassure you that we're fully aware of the financial difficulties that you may be facing during this difficult period. and have embraced a policy of fair & realistic treatment for all for our customer.
27/2/13
Letter from DLC We are following up yr request for a copy of the original documentation (CCA) with the original lender. When this becomes available we will forward a copy to you. Should you require anything further at this point pls contact me. I will update you on developments in 21 days if there are no developments beforehand.
1/2/13
Letter from DLC We have chosen to send you this letter as someone who may be struggling to manage yr credit commitment. One of the impacts of the "credit crunch" has been an individual's ability to obtain credit, particularly mortgages, with lenders scrutinising applicants' credit history & payment records much closer. In the future, credit is only likely to be available to individuals with good credit history or those that can display positive efforts to pay off their defaulted a/c. Therefore we can offer you a choice of two options to improve yr situation: £10 per mnth by d/debit OR If you pay 75% of the balance within 21 days, we will write off the remaining balance or alternatively contact us on XXXXXXXX to discuss other repayment options. Our re-payment plans are subject to regular review. If you would like to discuss what other opportunities are available to you to settle the outstanding balance pls call or email us.
12/4/13
Letter from DLC We have managing yr a/c since xx/x/xx. You have been making regular payments, but yr balance is still outstanding. To assist you in clearing the remaining balance in the shortest possible time, we would ask that you contact one of our telephone negotiators to discuss a revised payment plan. We maybe able to offer a discount for early settlement, allowing an early update of any entries registered by DLC with the CRA, Upon payment of any settlement balance the entries will be updated as 'partially settled' this would have a positive impact on this particular entry registered on yr credit file. Your current repayment plan has reached the end of its term & it is therefore important that you respond to this letter. Failure to do so could result in the withdrawal of instalments rights on this a/c.

UPDATE...
1/5/13
Letter from DLC received (4/5/13). We are following up yr request for a copy of the original documentation (CCA) with the original lender. When this becomes available we will forward a copy to you. Should you require anything further at this point pls contact me. I will update you on developments in 21 days if there are no developments beforehand.

[ScabHunter]

Re: Lovemoney UE Diary

I'd just ignore it for now. They aren't threatening anything other than "may be escalated within our Collection process", whatever that means.

To get to the SB target, you need to absorb 72 months. They are giving you a free one. I would just take it and start arguing again when they send the next silly threat.

SH

EDIT - The above relates to #721. #722, also leave alone for now.

[Lovemoney]

Re: Need Advice

CAPITAL ONE (CREDIT CARD)
START DATE: 7/4/2005
DEFAULT BALANCE: £1821
DEFAULT ON: 27/4/2009
HISTORY
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. refer #701

UPDATE...
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.

Shall I send the Account Sold While in dispute letter to LOWELL or...

[ScabHunter]

Re: Need Advice

Shall I send the Account Sold While in dispute letter to LOWELL

That is what I would do, yes.



SH

[Lovemoney]

Re: Lovemoney UE Diary

Hi SH

Your replies are very much appreciated...
Advice taken, many thanks.

[Lovemoney]

Re: Lovemoney UE Diary

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. (£1 by standing order since 27/10/12)
22/10/12
Overdraft - CCA Information part 2 sent & set up s/o £1 pm. (*Refer #463 & #479)
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)
13/12/12
Received letter (dated 26/11/12) from Cabot...(#546)
2/1/13 BALANCE £2693.51
Letter from Crapot received today (4/1/13).
Your outstanding debt
According to our records you currently owe £xxxx even though we have made repeated attempts to obtain yr commitment to repay this debt. It's now vital that you contact us urgently to discuss yr a/c.
If we don't hear from you
I you don't contact us to agree a suitable repayment plan we will have to move yr a/c to the next stage of our collections process.
Contactihng Cabot
The most important thing for you to do now is to get in touch with us urgently, to prevent further action being taken. Call XXXXXXXX & one of our helpful customer advisors will discuss the options for repaying yr a/c. Our aim is to help customer get their a/cs cleared-so contact us now.
7/1/13
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) sent by recorded.
22/1/13
Letter from Crapot received today (24/1/13). I refer to yr letter received in our office on 10/1. I note the comments in yr letter & have reviewed our previous correspondence in this matter. I appreciate there ay have been some confusion caused due to the legalities involved however it is the case that we are not required to comply with a request for information under section 77/78 of the CCA 1974 on a current a/c. As a result yr claims of unenforceability on this basis are incorrect. Nevertheless, pls be assured we are willing to obtain further documentation for you if that is required. Therefore I have referred yr a/c to our Customer Relations Dept. to obtain any availabe information & they will contact you accordingly. In the meantime I would recommend you maintain yr payments of £1 p/m. (refer #621&#623 £1 s/o cancelled)
1/2/13 BALANCE: £2693.51
Letter from Crapot LIMITED OFFER Repaying yr a/c-our offer to you If you respond within the next 30 days from the date of this letter, we are able to offer you a discount of up to 30%* to settle yr a/c. If you'd like to take advantage of this offer, pls contact us immendiately. Alternatively, we may be able to offer you an attractive repayment plan which will enable you to repay yr outstanding balance within 5 yrs. The most important thing for you to do now is to get in touch with us immediately.
27/2/13 BALANCE: £2692.51
Letter fromCABOTreceived today (7/3/13).Further to our previous correspondence. We have obtained a copy of the statements of a/c & have enclosed these for yr attention. Once you have reviewed this document we request you contact us within 28 days to discuss yr query further. We look forward to hearing from you. We have placed the a/c on hold for a period of 30 days. Howeverm should we fail to hear from you this may result in the a/c being returned to our Collections Department. refer #680 see what they send next.

4/4/13 BALANCE: £2690.51
Letter from Crapot received today (11/4/13). Your outstanding debt According to our records you currently owe £2690.51 even though we have made repeated attempts to obtain yr commitment to repay this debt. It's now vital that you contact us urgently to discuss yr a/c. If we don't hear from you If you don't conatact us to agree a suitable repayment plan we will have to move yr a/c to the next stage of our collections process. Contacting Cabot The most important thing for you to do now is to get in touch with us urgently, to prevent further action being taken. Call XXXXXXXXXXX & one of our helpful customer advisors will discuss the options for repaying yr a/c. Our aim is to help customers get their a/cs cleared-so contact us now.
12/4/13
Overdraft - CCA Information part 2 sent by recorded. (*Refer #697 & #699)
22/4/13 BALANCE: £2690.51
Letter from CABOT received (25/4/13). We have had a look at the length of yr currently repayment plan with us & can clearly see that the plan in conjuction with yr age will be paying this a/c back to us for more than 15 yrs. Appreciate this is not an ideal situation. So we would like to help you be free of this a/c within a few mnths proposing to accept a lower amount to clear the amount. If you could find the money to repay £1345.26 then we will accept this as payment to clear the a/c in full yr mnthly payments can then cease. Ideally needs to be pd over the next few wks but if you do feel that you need more time then we can work with you to arrange this. If you would like take advantage of our offer then pls call us within next 14 days.
24/4/13 BALANCE: £2690.51
Letter from CABOT received (4/5/13). Your letter dated 12/4 the contents have been duly noted. We can confirm that we sent statements to you in respect of this a/c on 28/2/13. We would also draw yr attention to our letter, dated 15/10/12, in which we advised you that there is no need for CABOT or Bank of Scotland to provide a copy of yr credit agreement under the CCA is set out in section 74(1)(b). Therefore, we believe yr comments regarding the enforceability of the credit agreement to be irrelevand. We can confirm that ur a/c remains with our Collection Dept. & it is important that you contact them within 30 days from the date of this letter to discuss yr repayment options. If we do not hear from you within this timescale, yr a/c may be escalated within our Collection process. refer #723 ignore it for now

Damp!!! Just noticed £1 standing order still going . What is the best thing to do now? Advice please.

EDIT - confirm £1 standing order cancelled

[Lovemoney]

Re: Need Advice

EGG BANKING PLC- (CREDIT CARD)
Date commenced: 5/5/2000
ACCOUNT SOLD TO DCA (CAPQUEST)
HISTORY

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.

UPDATE...
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 unenforceable 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...

[Lovemoney]

Re: Need Advice

UPDATE...
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...

Hi Niddy
Thanks for looking in so quickly....
COMFIRMED ...will send Missing PT template to Barclaycard as suggested.

EDIT - uploaded all pages of CCA for Niddy to look at.

[Enforcer]

Re: Need Advice

Congratulations

[Never-In-Doubt]

Re: Need Advice

Hi Niddy
Thanks for looking in so quickly....
COMFIRMED ...will send Missing PT template to Barclaycard as suggested.

Its not necessarily UE yet - it is missing PT's, granted; but they will remedy that easily enough so no champagne yet

[Lovemoney]

Re: Lovemoney UE Diary

Niddy

Thank you for just replying...would you recommend to send MPT letter to Barclaycard.

[Never-In-Doubt]

Re: Lovemoney UE Diary

Niddy

Thank you for just replying...would you recommend to send MPT letter to Barclaycard.

Hiya

I think first you need to send me everything they sent you, and not just select pages then we'll review it so for now send nothing until you email me all the paperwork yea? Best be definitive before arguing a point that doesn't actually exist