DaveyBoys UE enquiry

[DaveyBoy]

Hi
Following advice on the DMP section of the forum I've now sent out CCA requests to 4 of my 5 creditors (1 overdraft) using the template on this site.
To cut a long story short I owe 26k to 5 creditors. DMP was started 5 years ago when total debt was 45k.
Wll post more details when I get my responses. Letters were posted out last week.
Thanks all

[Never-In-Doubt]

Re: DaveyBoys UE enquiry

Hiya - please see this: ---> allaboutFORUMS - View Single Post - Unenforceability Diaries - Read me First!

[DaveyBoy]

Re: DaveyBoys UE enquiry

Barclays

Loan
Commenced Jan 2006
Balance outstanding £10,000
Last Full Payment Oct 2006 i think
Been on DMP since Jan 2007
Default Feb 2007
Owner Still Barclays

Feb 2012 - CCA Request Sent
Feb 2012 - CCA Recieved
Emailed Niddy
Feb 2012 - Niddy says
Mar 2012 - Stopped paying DMP
June 2012 - Letter recieved off Barclays CDCS - We can confirm we are in reciept of an offer of payment of ........ from your appointed representative. An arrangement has been set for the repayment of the remaining balance of ........... . Under this arrangement you should make monthly payment with effect from July 2012 until the outsanding balance is repaid or the agreement is changed. You can make additional payments but must continue to make the agreed monthly payment. Please note accepting your offer is a concession on our part, does not change our legal right to enforce this debt and is not a new or change to the existing contract. The arrangemnt is reviewed every 12 months but we reserve the right to review at any time when we may decide to end or renegotiate it. Details of this arrangement with be registered with licensed CRA's. This may impact your credit rating although it will demonstrate that you do intend to meet your obligations over time, increased payments will reduce the balance more quickly, early completion may improve your credit rating. Failure to make agreed payments can result in the arrangement failing and the remaining balance being sold to a DCA or in legal proceedings being taken..........IGNORED
Aug 2012 - Letter recieved off Barclays CDCS - Ourrecords tell us there is an arrangement in place for the above account to recieve repayment of no less than £x per month. Our records show no payment recieved since March. In order for this arrangement to continue, any outstanding payments must be madae asap. Any further missed payments will lead to this arrangement being made invalid and the account returned to active recoveries. This can have a significant effect on your credit rating. If you have made payments to your debt advice agency you should contact them asap to discuss this position........IGNORED
Sept 2012 - Letter recieved off CDCS. FINAL NOTICE, unless full settlement is made immediately your account will be placed in the hands of a professional debt collection agency for collection of the full outstanding balance. If you cant pay full balance immediately phone to discuss position. DO NOT IGNORE THIS LETTER ACT NOW........IGNORED
OCT 2012 - Letter recieved off Barclays Consumer Finance Collection and Recoveries - You have failed to comply with repayment requests of CDCS who were acting on our behalf. If you do not contact us within 7 days you account will be transferred to a DCA for recovery. This can only be avoided by contacting us and arranging a suitable repayment programme. THIS IS A SERIOUS MATTER THAT YOU MUST NOT IGNORE........IGNORED
NOV 2012 - Letter recieved today from Barclays. The responsibilty for collecting the debt owing on your account has now been transferred to BCW Group Limited. You should contact BCW as a matter of urgency. We will no longer accept any further communication from you. It is essential that in all communication you quote the above ref numbers.......WILL WAIT TILL THEY WRITE
NOV 2012 - Letter recieved from Buchanan Clark & Wells. We have been instructed by Barclays Bank Plc to recover an outstanding sum on their behalf...........REPLIED WITH ACCOUNT SOLD WHILST IN DISPUTE
NOV 2012 - Letter recieved from BCW stating collection activity will cease whilst my issue is investigated.........FILED
DEC 2012 - Letter from Barclays CDCS which is identical (other than the dates on it) to the letter sent by them in June about being in receipt of an offer from an appointed representative (whoever they may be!)..........IGNORED
DEC 2012 - Letter from BCW. Interim Report - My complaint is still being investiated and a final reponse will be issued to me within 4 weeks........FILED
JAN 2013 - Letter from BC&W stating my complaint has been refuted blah blah blah. They go on to say they have been unable to obtain the requested documentation from their client and therefore have elected to close the account on their system and return it to Barclays.......FILED

[Never-In-Doubt]

Re: DaveyBoys UE enquiry

Barclays

Loan
Commenced Jan 2006
Balance outstanding £10,000
Last Full Payment Oct 2006 i think
Been on DMP since Jan 2007
Default Feb 2007
Owner Still Barclays

Feb 2012 - CCA Request Sent
Feb 2012 - CCA Recieved
Emailed Niddy

Unfortunately this is enforceable - everything is intact and looking good, well from 2006 it was always likely to be I'm afraid....

Sorry......

[DaveyBoy]

Re: DaveyBoys UE enquiry

Cahoot

Flexible Loan
Commenced Feb 2003
Balance outstanding £5,200
Last Full Payment Oct 2006 i think
Been on DMP since Jan 2007
Default May 2007
Owner Now Santander

Feb 2012 - CCA Request Sent
Feb 2012 - CCA Recieved
Emailed Niddy
March 2012 - Niddy says nearly always
March 2012 - Stopped paying DMP
March 2012- Missing prescribed terms letter sent
May 2012 - Letter recieved from Santander head of collections stating concerns about payments not been recieved for some time. If I dont contact them within 7 days they will asume account is no longer being managed by a third party and furher action taken to recover outstanding amount........IGNORED
Oct 2012 - 6 monthly statement recieved from Santander. No charges or interest added to account and no payments made
March 2013 -Letter from Moorcroft Debt Recovery Limited. They have been instructed by Santander to collect my overdue debt. To prevent our recommending to our client that further debt recovery action be undertaken it is essential that you settle this debt without delay. Both our client and we do not wish to take this action but if agreement cannot be reached we may have no alternative. They give me 7 days to make payment or give me the option to contact them immediately with my payment offer........Replied with account sold in dispute letter
March 2013 - Letter from Moorcroft stating they are communicating with Santander regarding my query and during these communications follow up action will be suspended
March 2013 - 6 monthly statement recieved from Santander. No charges or interest added to account and no payments made
June 2013 - Letter from Moorcroft in reply to my Account Sold in Dispute. Same CCA that I got from Santander in Feb last year.......Replied to Moorcroft with a duplicate of Missing Prescribed Terms I sent to Santander in March 2012
July 2013 - Letter from Moorcroft stating the control of the account has been returned to our clients
July 2013 - Letter from Santander - Account passed to Wescot for collection..........Ignored
July 2013 - Letter today from Wescot. We have been instructed to collect the outstanding balance. To avoid Wescot taking further action either 1. pay up or 2. phone us........Replied with account sold in dispute letter
Aug 2013 - Letter from Wescot - Final Notice - Pay up to prevent further action......reminded them still awaiting response to Account sold in dispute letter
Aug 2013 - Letter from Wescot -Opportunity to take control of your balance.......ignored
Aug 2013 - Letter from Wescot -We are in communications with Santander.....filed
Sept 2013 - Letter from Wescot - Not yet in a position to issue a final response.......filed
Oct 2013 - Letter from Wescot. We've been in touch with Santander and they have confirmed they have fully complied with the previous CCA requests you have raised and all of the relevant documentation has been sent to you. We are unable to uphold your complaint as Santander has fully complied with your CCA request and there is no evidence to support your claim that Wescott has harassed you in this matter. Santander has confirmed they will send you another copy of the documentation. Account now on hold for 30 days for you to recieve aforementioned documentation from Santander and to contact us with your proposals for repayment. If you have a valid dispute please provide full details and we will investigate this matter with our client. If we do not hear from you, account will revert to normal collection activity. We believe complaint has been resolved and if we hear no more regarding this matter we will consider complaint closed..........leave it a few days then will reply with creditor refusal to accept UE
Nov 2013 - Letter from Wescot - Will contact client for required documentation and this may take several weeks. We will not contact you in the meantime......filed
Nov 2013 - Letter from Wescot - Pay up and please find enclosed the required docs (copy of what Santander sent me in March 2012)........filed
Dec 2013 - Letter from Wescot- Complete the Income / Expenditure form attached in preparation for a doorstep visit from Scotcall. Alternatively ring us and take this final opportunity to prevent this account being sent to a doorstep collector.............. replied with threat of doorstep visit letter

[DaveyBoy]

Re: DaveyBoys UE enquiry

Egg

Credit Card
Commenced March 2006
Balance outstanding £3,000
Last Full Payment Oct 2006 i think
Been on DMP since Jan 2007
Default Jan 2007
Owner Now Barclaycard

Feb 2012 - CCA Request Sent
12+2 days passes then
Feb 2012 - Letter from Barclaycard 'we acknowledge receipt of your request, we are dealing with and will respond as soon as possible'
Mar 2012 - Stopped paying DMP
Apr 2012 - CCA Recieved
Emailed Niddy
Apr 2012 - Niddy says 'All this is is a recon, holds no substance and is all the way'
Sept 2012 - Letter recieved today from Barclaycard
Formal Demand for Payment
As you have not responded to the Default Notice you were sent by Mercers Debt Collections Ltd, payment of the outstanding amount shown is now due in full. Please note we will no longer send monthly statements to you (Never had a statement of Barclaycard yet).
Credit Reference Agencies
This formal demand is a legal doc. We are notifying you of our intention to file a default at the credit reference agencies (That happened 5 years ago!). We always let credit agencies know when a customer has failed to meet the terms of the Formal Demand for payment and the payment has not been made. This may affect your ability to get credit from other lenders.
If you do not make a payment or reach agreement with us by 9th Sept we may pass your account to a specialist collection company in your area and a local representative may call at your address to arrange repayment of this debt. We may transfer money that you have in barclays current savings or other accounts to reduce or pay off the amount owed. Your t&c clearly state we can do this if we need to.
To stop further action you must call asap.........IGNORED
Sept 2012 - Letter recieved from Barclaycard stating account been passed to Credit Solutions Ltd to manage collection........IGNORED
Oct 2012 - Letter recieved from power2contact. We have been instructed by our client to VISIT YOUR ADDRESS TO COLLECT THE ABOVE DEBT........Replied with threat of doorstep visit template
Oct 2012 - Letter recieved from Credit Solutions Limited in response to my doorstep visit. Says 'Internal investigation has taken place into this matter' goes on to say 'As per request contact number has been removed and all future correspondence will be via writing'. Also states 'Doorstep visits are simply another option available to assist customers in paying debts' and 'OFT guidelines state doorstep visits must give adequate notice of time and date of visit' and 'The Armstrong v Sheppard (1959) case you quoted is dependant on individual circumstance and only such order to refuse access can come from a Court and not from the individual'........FILED
Oct 2012 - Letter recieved from Credit Solutions - Opportunity to save £££'s......IGNORED
Oct 2012 - Another letter recieved from Credit Solutions NOTICE OF LEGAL PROCEEDINGS. The above debt remains outstanding. Failure to pay this debt or contact us within 7 days may result in legal proceedings being issued against you..............REPLIED WITH THREAT-O-GRAM BEFORE ACTION
Nov 2012 - Letter from Power2Contact - FORMAL NOTICE OF INTENDED VISIT................REPLIED WITH Harassment Follow-Up & Threat of Injunctive Relief (Modified 1st Paragraph as I've not had a visit thus far)
Nov 2012 - Letter recieved today from Credit Solutions in reply to my harassment follow up letter. They can confirm that they stand by their previous response and are unable to guarantee that a doorstep visit will not take place...........Will see what follows
April 2013 -Letter from Moorcroft Debt Recovery Limited. They have been instructed by Barclaycard to collect my overdue debt........Replied with account sold in dispute letter
April 2013 - Moorcroft reply to my account sold in dispute with a letter thanking me for my CCA request and asking for £1 so it can be processed.......Replied informing them I hadn't requested a CCA as per ScabHunters post #162
April 2013 - Letter from Moorcroft stating they are communicating with Barclaycard regarding my query and during these communications follow up action will be suspended........Filed
May 2013 - Letter from Moorcroft 'Further to your recent communication we have been in touch with Barclaycard who have advised the CCA request was completed and sent to me on xxApril2013.......Replied with modified Missing Prescribed Terms
June 2013 - Letter from Moorcroft 'Our client believes the documents sent do meet the requirements under section 78 of the Consumer Credit Act blah blah blah'................ignored.
June 2013 - Letter from Moorcroft 'To prevent further debt recovery please send payment in full or contact us immediately. Contact us now, in certain circumstances we may also be able to offer a substantial discount from the outstanding balance'.......ignored
July 2013 - Letter from Moorcroft offering a payment schedule over 2 years to clear balance........ignored
July 2013 - Letter from Midas Credit Services. We are part of Moorcroft Group and are aware you have failed to reach a repayment programme with Moorcroft Debt Recovery. We are now reviewing the account prior to the possible recommending of further debt recovery action to our clients.......ignored
July 2013 - Letter from Moorcroft Home Collections Division. Your account has been passed to Home Collections Division for action. This may involve our local representative calling at your home address in the near future to try to assist you and seek to establish how you propose to settle the balance outstanding. However in a further attempt to come to an arrangement and to prevent further debt recovery action our client has told us that we are able to offer you a substantial discount on your outstanding balance. If no satisfactory agreement is made we will have no alternative but to recommend our client consider further recovery action...........replied with threat of doorstep visit
Sept 2013 - Letter from Moorcroft. Thanks for your communication, accounted updated to reflect this request and no telephone or home visits will occur whilst communication is maintained. If communication ceases it may be necessary to revert to an alternative option of contact. To assist you at this stage the account is now on hold for 30 days to allow you an opportunity to confirm how you wish to proceed with this account
Sept 2013 - Letter from Barclaycard. Account passed to Robinson Way. Please contact them..........Will wait for Robinson Way to write
Sept 2013 - Letter from Robinson Way. Pay up or agree a repayment plan. If you fail to pay and neglect to deal with this your ability to obtain credit may be affected and our local doorstep collection agent may be asked to visit you to agree a payment plan.............Replied with account sold in dispute
Oct 2013 - Letter from Robinson Way - We have noted your dispute / query. Account on hold whilst we make necessary enquiries.....filed
Nov 2013 - Letter from Robinson Way - Further to your recent query, Barclaycard advises the relevant documentation was sent to you June 2013. Please send a payment proposal within 14 days.........replied with creditor refusal to accept UE
Dec 2013 - Letter today from RobWay - We refer to your correspondence in which you claim this account is not enforceable. We are satisfied that the docs provided are sufficient to demonstrate liability and will not enter into repetitive correspondence. Your data will be continued to be processed in line with the principles of the Data Protection Act and the account will continue to be reported to credit reference agencies, where appropriate. If you neglect to make payment to us further action may be taken against you. We require payment proposals within 14 days......filed
Jan 2014 - Letter from RobWay - account may be sent to a doorstep collector in the next 10 days.......replied with threat of doorstep visit
Jan 2014 - 2Letters of Rob Way - phone number removed from my account and noted my request that I do not wish for a field agent to call. Now require an offer of payment within 14 days

[DaveyBoy]

Re: DaveyBoys UE enquiry

Egg

Loan
Commenced December 2005
Balance outstanding £7,000
Last Full Payment Oct 2006 i think
Been on DMP since Jan 2007
Default Feb 2007
Owner Now Apex Credit Management

Feb 2012 - CCA Request Sent
12+2 days passes and no reply
Mar 2012 - Stopped Paying DMP
Mar 2012 - Letter from Apex acknowledging me making regular payments and offering a reduced settlement with a discount of up to 50% off the remaining balance. Still no CCA...............Ignored
May 2012 - Letter from Apex telling me payment plan in arrears and is now in a state of default. Payment of arrears required within 72 hours. Still no CCA.............Ignored
May 2012 - Letter from Apex telling me account still in arrears. Contact them to discuss to avoid escalation of account. Still no CCA..............Ignored
May 2012 - Letter from Apex confirming "at present we are unable to obtain suitable copies of the required documentation from the original creditor in order to comply with your request" and "in light of this we will be removing your account from our normal collection activity." They go on to state "Although at this time your account is UE, we must advise you that the debt still remains, the balance is due and suitable collection activity may continue despite the unenforceability. We recommend payments are made to reduce outstanding liability and advise that at any time we may produce a recon copy of your agreement which would restore the enforceability." They have also sent me a cheque for £1.00 refunding the fee paid for this service........FILED
March 2013 - Phone call from Apex asking me to 'ring them and discuss this matter'........Ignored
March 2013 - Letter from Apex 'my chosen DMP provider has not made a payment for 60 days. Due to non payment the account will now be passed to collections within 7 days in order to commence the recovery of the outstanding balance........Will wait till collections write
April 2013 - Letter from Apex telling me payment plan in arrears and is now in a state of default. Payment of arrears required within 72 hours.......Ignored like I did the last time I received this letter (May 2012)
April 2013 - Another letter from Apex telling me payment plan in arrears........Ignored
April 2013 - Letter from Apex - My account continues to be in arrears despite requests to bring these up to date. Should it remain this we will have to consider escalating your account to be reviewed for further action. Call us today, it is our intention to resolve this matter collaboratively.........replied with Final Response - UE (No CCA Received) & Harassment by Telephone
April 2013 - 6 Monthly statement received.
May 2013 - Letter from Apex - Account referred to Apex Purchased Portfolios for their consideration
May 2013 - CCA received from Canada Square via Apex.........Replied with MPT
Nov 2013 - as per post 198 Transaction summary report received from Canada Square via Apex and now Apex would like me to contact them to discuss account............will await the next move
Dec 2013 - Letter from Apex - they wrote to me recently to tell me my account formerly with Egg had been assigned to them (got that letter 3 years ago) they go on to say my instalment has not been received (they've not had a penny from me in nearly 2 years) if you paid directly to Egg (That last happened 3 years ago) the money will be transferred. Please pay us in future......filed
Dec 2013 - Letter from Apex - disappointed I never responded to letter above. Your account is now at risk of falling into default and possibly incurring further costs and interest. We were informed by Egg that you had a payment arrangement in place to clear the balance, we have not received any contact or payment from you......filed
Dec 2013 - Letter from Apex - Account is now in a default status as you have failed to commit to a payment arrangement to discharge your liability under the terms of this account. We are now making arrangements to profile your account for possible litigation activity. Should we confirm you are a homeowner and/or employed your account may be passed to our legal recovery team for their consideration. Please be aware that this form of activity may well result in further costs and charges being debited to your account.......replied with awaiting reply to MPT

[Pixie]

Re: DaveyBoys UE enquiry

Don't worry about it going past the 12+2 days.

There's no need to chase them because they're in default of your cca request until such a time as they provide a compliant agreement.

[DaveyBoy]

Re: DaveyBoys UE enquiry

Standing order to Payplan cancelled.
Currently have 1 loan = enforceable, 1 flexi loan awaiting Niddys CCA verdict and 1 loan and 1 credit card that haven't produced CCA's as yet.
Any advice on DMP's and F&F on enforcable debts much appreciated. As i understand it if you dont have 3 or more different creditors you cant DMP? Is this correct?
Cheers

[CleverClogs (RIP)]

Re: DaveyBoys UE enquiry

As i understand it if you dont have 3 or more different creditors you cant DMP? Is this correct?

No.

[DaveyBoy]

Re: DaveyBoys UE enquiry

Hi Flowerpower. The flexi loan CCA went to the agreements e-mail address on the 23rd Feb.
Depending on how the flexi loan CCA and the other 2 yet to recieve CCA's turn out will determine which way I go. If they're UE I'm hoping to play a bit of letter ping pong and then go F&F, if enforecable i'll seek further advice

[Never-In-Doubt]

Re: DaveyBoys UE enquiry

Hi Flowerpower. The flexi loan CCA went to the agreements e-mail address on the 23rd Feb.
Depending on how the flexi loan CCA and the other 2 yet to recieve CCA's turn out will determine which way I go. If they're UE I'm hoping to play a bit of letter ping pong and then go F&F, if enforecable i'll seek further advice

Hiya

sorry for the delay - just getting round to emails and yours was top of the list

Its one of those flexi loans that combine a loan and bank account into one thus they are nearly always unenforceable as s.18 (multiple agreements) kicks in PLUS they've charged you PPI so you could always do a reclaim, depends how much you think you repaid from 2003 when you took it out till the date you defaulted/stopped paying...?

At this stage stick with the UE route and IF they get snotty then we move onto the PPI reclaim to reduce the balance and then go in with a F&F but right now, respond with this: ---> Our Templates | Unenforceability Templates | CCA Query - Missing Prescribed Terms

[DaveyBoy]

Re: DaveyBoys UE enquiry

Thanks Niddy. I know your a busy man and your help is much appreciated. That letter will be getting sent out first thing tomorrow.
Cheers

[DaveyBoy]

Re: DaveyBoys UE enquiry

Recieved a letter from Apex acknowledging me making regular payments to clear the Egg Loan. Letter is offering a settlement with a discount of up to 50% from the remaining balance. They encourage me to contact them by calling to discuss what savings are available. Not had a CCA back from Apex, request sent a month or so ago.

[MrsD]

Re: DaveyBoys UE enquiry

just ignore this
are you still paying it?