DaveyBoys UE enquiry

[Deepie]

Re: DaveyBoys UE enquiry

So after 10 months of peace and quiet I get a phone call and now a letter that states 'my chosen DMP provider has not made a payment for 60 days (try 50 odd weeks). 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.

So do I wait for collections to chase me or reply now with a letter previously confirming no CCA. Any thoughts? Also wondering whether something more sinister lies beneath as this is an Ex Egg product?

Thanks as always

I'd see who writes to you, if it were me.....

[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 paymant 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

So after 10 months of peace and quiet I get a phone call and now a letter that states 'my chosen DMP provider has not made a payment for 60 days (try 50 odd weeks). 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.

So do I wait for collections to chase me or reply now with a letter previously confirming no CCA. Any thoughts? Also wondering whether something more sinister lies beneath as this is an Ex Egg product?

Thanks as always

[DaveyBoy]

Re: DaveyBoys UE enquiry

Cheers Ken. I'll await developments and hope it's just apex chancing their arm.

[ken100464]

Re: DaveyBoys UE enquiry

This is what has just happened to us.

However there is something not quite right with it.

But that not quite right has only come about because we have a SAR. Without that it would have been deemed and still could be EN.

Seems a few Apex egg CCA's have been found this year.

Fingers crossed yours is still firmly behind the filing cabinet.

[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 paymant 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

Well nice of Apex to leave me alone since may but have now recieved a phone call from them asking me to 'ring them and discuss this matter'. Being as it's an Egg product I wonder whether a recon is on its way? Hope not

[SXGuy]

Re: DaveyBoys UE enquiry

Send what you suggest DaveyBoy. Standard moorcroft letter. Bet the date of the letter was days prior to receiving it also?

[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

After a period of calm and reaching page 6 of the UE diaries today I recieve a letter from Moorcroft Debt Recovery Limited. They tell me that they have been instructed by Santander to collect my overdue debt. It then goes on to state 'to prevent our recommending to our client that further debt recovery action be undertaken it is essential that you settle this debt without delay' They give me 7 days to make payment or give me the option to contact them immediately with my payment offer. It then says 'both our client and we do not wish to take this action but if agreement cannot be reached we may have no alternative'. They also inform me that Santander have registerred a default against my credit file in relation to this account (i know that was nearly 6 years ago!). Finally in bold type they tell me they are happy to discuss a repayment program.

As Santander have never replied to my missing prescribed terms letter sent in March last year I think I'll send Moorcroft an account sold in dispute unless anybody thinks otherwise.

Cheers all

[ken100464]

Re: DaveyBoys UE enquiry

In my limited experience Lewis do stop when you ask them too so you could be right.

However also in my limited experience they have gone from my most chatty DCA pre CCA request to deathly silent DCA post my CCA requests.

Wonder why?

Oh yes its because they will find the OC only has an application for a storecard for an account that morphed into a credit card without a new agreement being signed. Oh dear !!!!!!!

[DaveyBoy]

Re: DaveyBoys UE enquiry

Cheers SH

I wonder wether their initial letter telling me they have reffered it is their reply to my original Overdraft CCA request and this then crossed with my one liner referring them to my unanswered CCA and they are fobbing me off with the second one not realising the original request has been referred? The reason I'm thinking this is because the barrage of daily phone calls and text messages stopped on the same date the letter stating the referral was dated?

Thanks

[ScabHunter]

Re: DaveyBoys UE enquiry

Letter recieved today from Lewis group. We refer to your recent correspondence in which you made a request for info under section 77-78 of the CCA1974. Please be advised we are not the creditor in this matter and we are merely instructed to act on their behalf to recover any outstanding balance. The statutory obligation to provide this remains with Barclays and we suggest you submit your request to them directly.

So I prevously get a letter from Lewis Group Collection Department telling me they have contacted the original creditor and then a few days later get this letter off Lewis Group Compliance Department informing me it's my responsability to do it! Going back to November Barclays told me they will no longer accept any communication from me so dont think I'll be writing to them!
Shall await the next installment from Lewis Group!

They are misleading you and being deceitful.

You need to send them this -

Our Templates | Unenforceability Templates | DCA Refusal to Accept CCA Request

SH

[DaveyBoy]

Re: DaveyBoys UE enquiry

Barclays

Overdraft
Commenced Late 1990's
Balance outstanding £1,200
Last Transaction Oct 2006 i think
Been on DMP since Jan 2007
Default Feb 2007
Owner Barclays CDCS

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 - Our records 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. Your Barclays Bank Account has now been transferred to The Lewis Group. You should contact the LG as a matter of urgency. We will no longer accept any communication from you. You must now make a full payment of the outstanding balance to LG quoting the refs above............WILL WAIT UNTIL LEWIS GROUP WRITE
NOV 2012 - FINAL DEMAND IMPORTANT issued by Lewis Debt Recovery. This notice has been issued on behalf of Barclays Bank PLC. We have been instructed by our client to collect the outstanding balance on their behalf because you have failed to make payment to them as required. Please act now to avoid further action. To stop further action you must pay the debt in full to Lewis Debt Recovery or contact your account manager to discuss the options available to you. Payment is due no later than 22nd Nov.
1. We will consider taking further action if you do not pay this debt by the date specified
2. A debt collector may be instructed to visit your home to discuss your financial circumstanes and reach acceptable arrangements for the payment of this debt.
NOV 2012 - Overdraft CCA Sent to Lewis Group
NOV 2012 - Yellow card recieved from Lewis Group asking me to call them.........IGNORED
NOV 2012 - Letter from Lewis Group. If you fail to make payment by Dec our instructions are to continue with further recovery action against you. To prevent further action you must make a payment to Lewis by Dec..........Replied with One Liner referring them to my unanswered overdraft CCA
DEC 2012 - Letter from Lewis Group. Please be advised we have contacted our client with regards to your enquiry. We will contact you once they reply..........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 Lewis Group telling me they are dissapointed I haven't made arrangements to pay and they now intend to transfer the account to their field agents and arrange for a collector to visit to discuss how the debt can be paid.......Replied with the doorstep visit template

Letter recieved today from Lewis group. We refer to your recent correspondence in which you made a request for info under section 77-78 of the CCA1974. Please be advised we are not the creditor in this matter and we are merely instructed to act on their behalf to recover any outstanding balance. The statutory obligation to provide this remains with Barclays and we suggest you submit your request to them directly.

So I prevously get a letter from Lewis Group Collection Department telling me they have contacted the original creditor and then a few days later get this letter off Lewis Group Compliance Department informing me it's my responsability to do it! Going back to November Barclays told me they will no longer accept any communication from me so dont think I'll be writing to them!
Shall await the next installment from Lewis Group!

[ScabHunter]

Re: DaveyBoys UE enquiry

So today I get 2 letters regarding my Barclays overdraft.
The 1st 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!) So shall ignore this one again.
The 2nd one comes from Lewis Group telling me they are disappointed I haven't made arrangements to pay and they now intend to transfer the account to their field agents and arrange for a collector to visit to discuss how the debt can be paid. Will respond to this one with the doorstep visit template unless anyone thinks otherwise?
Cheers all

I think you've got it absolutely right in both cases.

SH

[DaveyBoy]

Re: DaveyBoys UE enquiry

Barclays

Overdraft
Commenced Late 1990's
Balance outstanding £1,200
Last Transaction Oct 2006 i think
Been on DMP since Jan 2007
Default Feb 2007
Owner Barclays CDCS

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 - Our records 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. Your Barclays Bank Account has now been transferred to The Lewis Group. You should contact the LG as a matter of urgency. We will no longer accept any communication from you. You must now make a full payment of the outstanding balance to LG quoting the refs above............WILL WAIT UNTIL LEWIS GROUP WRITE
NOV 2012 - FINAL DEMAND IMPORTANT issued by Lewis Debt Recovery. This notice has been issued on behalf of Barclays Bank PLC. We have been instructed by our client to collect the outstanding balance on their behalf because you have failed to make payment to them as required. Please act now to avoid further action. To stop further action you must pay the debt in full to Lewis Debt Recovery or contact your account manager to discuss the options available to you. Payment is due no later than 22nd Nov.
1. We will consider taking further action if you do not pay this debt by the date specified
2. A debt collector may be instructed to visit your home to discuss your financial circumstanes and reach acceptable arrangements for the payment of this debt.
NOV 2012 - Overdraft CCA Sent to Lewis Group
NOV 2012 - Yellow card recieved from Lewis Group asking me to call them.........IGNORED
NOV 2012 - Letter from Lewis Group. If you fail to make payment by Dec our instructions are to continue with further recovery action against you. To prevent further action you must make a payment to Lewis by Dec..........Replied with One Liner referring them to my unanswered overdraft CCA

So today I get 2 letters regarding my Barclays overdraft.
The 1st 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!) So shall ignore this one again.
The 2nd one comes from Lewis Group telling me they are dissapointed I haven't made arrangements to pay and they now intend to transfer the account to their field agents and arrange for a collector to visit to discuss how the debt can be paid. Will respond to this one with the doorstep visit template unless anyone thinks otherwise?
Cheers all

[MrsD]

Re: DaveyBoys UE enquiry

just to be safe since it is an overdraft I would do a one liner referring them to your CCA request and enclose a copy. Belt and braces!!!

[DaveyBoy]

Re: DaveyBoys UE enquiry

Barclays

Overdraft
Commenced Late 1990's
Balance outstanding £1,200
Last Transaction Oct 2006 i think
Been on DMP since Jan 2007
Default Feb 2007
Owner Barclays CDCS

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 - Our records 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. Your Barclays Bank Account has now been transferred to The Lewis Group. You should contact the LG as a matter of urgency. We will no longer accept any communication from you. You must now make a full payment of the outstanding balance to LG quoting the refs above............WILL WAIT UNTIL LEWIS GROUP WRITE
NOV 2012 - FINAL DEMAND IMPORTANT issued by Lewis Debt Recovery. This notice has been issued on behalf of Barclays Bank PLC. We have been instructed by our client to collect the outstanding balance on their behalf because you have failed to make payment to them as required. Please act now to avoid further action. To stop further action you must pay the debt in full to Lewis Debt Recovery or contact your account manager to discuss the options available to you. Payment is due no later than 22nd Nov.
1. We will consider taking further action if you do not pay this debt by the date specified
2. A debt collector may be instructed to visit your home to discuss your financial circumstanes and reach acceptable arrangements for the payment of this debt.
NOV 2012 - Overdraft CCA Sent to Lewis Group
NOV 2012 - Yellow card recieved from Lewis Group asking me to call them.........IGNORED

Letter from Lewis Group

I refer to the above account and note that you have not settled your account or made arrangements to pay. You should note that if you fail to make payment by ...Dec our instructions are to continue with further recovery action against you. To prevent further action you must make a payment to Lewis by ...Dec. Whichever method of payment you choose, please ensure that you deal with this matter immediately. If it is not possible to make a payment in full please contact me on xxxxxxxxx before xxxxDec to discuss a suitable payment arrangement.

Any ideas. They haven't acknowledged my Overdraft CCA request sent earlier this month. Ta