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  • Never-In-Doubt
    replied
    Re: spent2much UE diary

    Hiya - best just wait and see what they do next

    Leave a comment:


  • Spent2much
    replied
    Re: spent2much UE diary

    Originally posted by Spent2much View Post
    Type of account (loan HP )
    joint
    Date commenced (2005)

    Approx balance (£3,070)

    Date last paid (22 June 2012)

    Are you on arrangement or not paying (was on dmp now stopped paying)

    Status (default/cca being sent )

    Account owner (black horse) dca need to find details

    9.7/12012 sent cca request


    29/09/2012 received copy of cca sent to niddy

    r



    received back from niddy 03/09/2012
    ue because they added an arrangement fee the loan

    15/10/2012 sent missing pt's



    8/11/2012 from Black horse, cca was enforceable and asking questions why I think it is not.

    18/07/2014 Capquest

    The consumer credit act 1974 requires us to send you this arrears notice because you are behind with the sums payable under this agreement.

    If you have not already done so , please contact us to discuss your missed payments as we would like to help you with any financial difficulties you may be experiencing.

    If you want more information about which payments you failed to make please get in touch with us . We are required to give you this information within fifteen days of receiving your request for it .

    16/01/2015 capquest
    Notice of Sums in Arrears
    The cca 1974 requires us to send you this arrears notice because you are behind with the sums payable under this agreement.

    If you have not already done so, please contact us to discuss your missed payments as we would like to help you with any financial difficulties you may be experiencing.

    This is not a demand for immediate payment if we have already agreed a repayment arrangement with you. If an arrangement has been made, this will cover the arrears in this notice and there is no need to contact us an you should continue to make payments in line with that arrangement. If you are unable to make these agreed repayments at any time in the future then please contact us to discuss your current circumstances and we will be able to assist you. If we have not agreed a repayment arrangement then please contact us.

    20/07/2015 capquest

    as above same thing not a demand for payment just notice of sums in arrears .

    20/1/2016 capquest yearly reminder of arrears exactly the same letter as above .
    update

    Leave a comment:


  • Spent2much
    replied
    Re: spent2much UE diary

    Originally posted by Deepie View Post
    same password as you login to aad

    cheers Deepie

    Leave a comment:


  • Deepie
    replied
    Re: spent2much UE diary

    Originally posted by Spent2much View Post
    thanks i joined do i just get automatic access now or do i need a password ?
    same password as you login to aad

    Leave a comment:


  • Spent2much
    replied
    Re: spent2much UE diary

    Originally posted by Deepie View Post
    aad+ top right
    thanks i joined do i just get automatic access now or do i need a password ?

    Leave a comment:


  • Deepie
    replied
    Re: spent2much UE diary

    aad+ top right

    Leave a comment:


  • Spent2much
    replied
    Re: spent2much UE diary

    Originally posted by Deepie View Post
    Yes

    which group do i join to get the access to the templates , i tried a few days back and i couldn't understand it please

    Leave a comment:


  • Deepie
    replied
    Re: spent2much UE diary

    Originally posted by Spent2much View Post
    is that 'letter before action' ?
    Yes

    Leave a comment:


  • Spent2much
    replied
    Re: spent2much UE diary

    Originally posted by Deepie View Post
    LBA .....That's what I'd send

    is that 'letter before action' ?

    How do i pay the £10 fee to join ADD+ because i tried to join a few days ago and couldn't understand how to do it which group to join ?
    Please and thank you

    Leave a comment:


  • Deepie
    replied
    Re: spent2much UE diary

    LBA .....That's what I'd send

    Leave a comment:


  • Spent2much
    replied
    Re: spent2much UE diary

    Originally posted by Spent2much View Post
    Type of account (credit card) husband's

    Date commenced (2005) i put 2005 but they may be before this also

    Approx balance.( £2,242.71

    Date last paid (22/06/2012)

    Are you on arrangement or not paying (stopping dmp )

    Status (default received but don't have it as was burgled in 2010 and some of our personal papers were scattered in the snow and could not be recovered )

    Account owner (originally monument but passed to Barclaycard )
    09/07/2012 sent CCA request
    27/07/2012 barclaycard they are dealing with request

    12/02/2013 from barclaycard

    cca recon sent to niddy


    13/02/13 sent missing pt's
    22/02/2013 from Barclaycard
    About your complaint


    Thank you for contacting us on 13 feb 2013 regarding your Barclaycard
    account.

    I am sorry that you have had reason to complain.
    I understand you are not satisfied that we have complied with our boligations under section 78 of CCA . We believe your credit agreement to be fully
    compliant with the Act and any allegations that it is not will be opposed. I realise this is not the answer you wanted,so I have given the details below so you can see the reasons behind our decision .

    I am aware that we made errors in our previous response which i have amended accordingly. Feedback has been given to the member of staff who made this error.

    I would like to assure you that the provision of a high level of service is of paramount importance to us and apologise for the oversight in the information provided with our previous letter.


    I would like to acknowledge your request for a copy of your original agreement and I am able to confirm that this has been sent to the relevant department who will contact you directly regarding this.


    _____

    It goes on to explain about the case of Carey v HSBC then about the statement of the terms of the agreement as varied regulation 7 of CNC regulations provides that, where an agreement has been varied in accordance with section 82(1) of the Act(as is the case with your credit agreement)


    ___________


    another 2 pages of statement of account
    compliance with section 61 of the Act
    office of fair trading.


    timescales
    your options
    Please take this letter as our final response to your complaint. If anything is unclear or if you are unhappy with the way we have handled your complaint. please write to the above address. I will do all I can to answer your questions and reach an agreement with you .


    28/02/2013 from barclaycard

    Thank you for contacting Barclaycard.

    Arrangements have been made for a copy of your ofiginal agreement to be issued to you, under separate cover, in due course.

    May i also advise that your other queries are being handled by another deprartment and they will reply to you shortly.

    I hope this information is of some assistance to you.



    07/03/2013 from Barclaycard
    they have semt an application form saying it is a cca. I have sent it to niddy


    5/03/2013
    Niddy says still

    23/08/2013 Barclaycard
    I am writing to inform you that the was assigned and transferred by Barclaycard to MKDP LLP on 16 August 2013

    This means that the effective owners of the above account are now MKDP LLP.

    MKDP LLP has appointed MK Rapid Recoveries as their servicing agent to manage your account on their behalf. All contact regarding your account should now be directed to Rapid Recoveries.

    I confirm that the amount outstanding on your account as at August was £2324.18

    With effect from date of this notice all payments due to Barclaycard shall be paid to MKDP LLP.
    11/10/13 from Rapid Recoveries
    Further to our recent communication regarding transfer of ownership of your balance we have not received your offer of payment.

    We want to help you and are in a position to offer an instalment arrangement to clear the outstanding balance, but we can only do this after speaking to you.

    Pleas call us to discuss ways we can help.

    Until we reach an agreement to clear this balance we will continue to contact you telephone or letter so we would advise you to contact us to resolve this matter.
    24/10/2013-MKrapid recoveries
    As you have not taken up our offer of help, we have no option but for your account to now be referred to Keynes Collections for litigation consideration to resolve this on our behalf.
    They may commence litigation against you which will increase the amount payable due to costs incurred .Should the matter proceed they could take against your property (if you are a homeowner)or have monies deducted directly from your salary (if you are employed)

    It is not too late to resolve this matter, please contact us immediately to allow us to help you avoid this.

    26/11/2013 from Barclaycard , they have sent the same cca as last time , just to make sure though i have sent it onto Niddy to take a look .
    Still UE .

    4/12/13 received a pile of statements from MKDP and a cover letter saying their client had fulfilled their obligation by providing them and the UE forms they sent .

    5/12/13 MKDP Further to your letter of acknowledgment we sent you in regards to the above account.

    At this time, we must apologise, as we are still unable to resolve your query. We are however currently liaising with the original creditor, and we will contact you as soon as we receive a response from them.

    15/02/2014 MKDP

    Further to our letter of acknowledgement sent you in regard to the above account, we write to advise you on the progress of your query.

    At this time, we aplolgise , as we are still unable to resolve your query. We are however currently liaising with the original creditor, and will contact you as soon as we receive a response from them. As stated previously MKDP LLP take great care to ensure that such matters are dealt with in a professional manner and apologise for the delay in resolving you query.

    12/03/14
    Further to our letter of acknowledgement sent you in regard to the above account, we write to advise you on the progress of your query.

    At this time, we aplolgise , as we are still unable to resolve your query. We are however currently liaising with the original creditor, and will contact you as soon as we receive a response from them. As stated previously MKDP LLP take great care to ensure that such matters are dealt with in a professional manner and apologise for the delay in resolving you query.

    10/04/14
    Further to our letter of acknowledgement sent you in regard to the above account, we write to advise you on the progress of your query.

    At this time, we aplolgise , as we are still unable to resolve your query. We are however currently liaising with the original creditor, and will contact you as soon as we receive a response from them. As stated previously MKDP LLP take great care to ensure that such matters are dealt with in a professional manner and apologise for the delay in resolving you query.

    11/05/14
    Further to our letter of acknowledgement sent you in regard to the above account, we write to advise you on the progress of your query.

    At this time, we aplolgise , as we are still unable to resolve your query. We are however currently liaising with the original creditor, and will contact you as soon as we receive a response from them. As stated previously MKDP LLP take great care to ensure that such matters are dealt with in a professional manner and apologise for the delay in resolving you query.

    02/06/14
    Further to our letter of acknowledgement sent you in regard to the above account, we write to advise you on the progress of your query.

    At this time, we aplolgise , as we are still unable to resolve your query. We are however currently liaising with the original creditor, and will contact you as soon as we receive a response from them. As stated previously MKDP LLP take great care to ensure that such matters are dealt with in a professional manner and apologise for the delay in resolving you query.

    07/07/14
    Further to our letter of acknowledgement sent you in regard to the above account, we write to advise you on the progress of your query.

    At this time, we aplolgise , as we are still unable to resolve your query. We are however currently liaising with the original creditor, and will contact you as soon as we receive a response from them. As stated previously MKDP LLP take great care to ensure that such matters are dealt with in a professional manner and apologise for the delay in resolving you query.

    2/10/2014 Barclaycard/Monument

    cca as requested .
    The cca they have sent is exactly the same as the last one which niddy said is UE , i won't even bother sending niddy this as it is identical so i shall send a missing P&T template

    30/10/2014 sent missing P&T


    sorry this is in blue it won't typein red

    6/11/2014 received from MKP
    Whilst i am sorry you remain dissatisfied , we have nothing further to add.

    You made reference to the prescribed terms under section 60, please note all relevant terms are enclosed supplied to you , therefore we do not believe that any issue of unenforceability arises .

    We can confirm we have spoken to an employee of Barclaycard who has confirmed that in accordance with the information stored on their systems and in line with their procedures, a properly executed agreement was in place in accordance with section 91.(1) of the consumer credit act 1972.

    There is no requirement to provide you with an original signed copy of the executed agreement. Our obligation is satisfied by providing you with a reconstructed copy which is legible. As you are aware we have provided you with a copy previously .

    As no new information has been provided to us regarding this matter i must advise you that our complaints procedure has been exhausted and we are unable to enter in to any further correspondence regarding this matter.
    should you remain unhappy with our response, you do have the right to refer your concerns to the financial ombudsman service. This must be done within six months of the final response daated 10th october 2014 where a leaflet was previously enclosed which explains how to do this .


    19/11/2014 again i can't type it in red

    KEYNES COLLECTIONS

    NOTICE OF INTENDED LEGAL ACTION

    As you have failed to respond to previous correspondence or agree a payment plan we have been instructed by MKDP LLP to collect the outstanding balance in accordance with your agreement .

    You had an agreement with Barclaycard which was assigned to
    MKDP LLP . Under the agreement the balance was to be repaid but you defaulted , breaching the agreement which has now been terminated . The full amount is now due and you are required to pay the outstanding balance to MKDP LLP.

    This letter constitutes a formal demand for payment of £2.323.18 and i make in accordance with the Practice Direction.

    This letter requires your immediate attention, Unless full payment or a suitable payment plan is agreed within 14 days from the date of this letter (10/11/2014) , legal action to recover the debt may be taken against you without further warning and your liability for costs may increase .

    Please reply in writing quoting your full name and reference or alternatively you wish to cal us to discuss you account

    12/12/2014 MKDP activity suspended whilst they investigate , as soo0n as they find anything out they will let me know


    3/1/2015 MKDP

    I write further to your recent correspondence and to our letter of acknowledgement in regards to the outstanding balance on your acount. Please accept this as our Final Response to your concerns.

    I understand you are looking for further documents relating to the above mentioned account , i note you have referred to PD-PAC in your letter of the dated the 20th November 2014. At this point no legal action has been taken and we are currently trying to supply you with the relevant information so we can work together to come to a suitable arrangement.

    i have enclosed

    statements of account

    reconstructed credit agreement

    default notice

    copy of the notice of assignment

    I can confirm that a Barclaycard have not issued a termination notice for this account, and we not have to supply communications between ourselves and Barclaycard .

    As verified in the enclosed documentation , you are liable for the outstanding balance stated above and we will resume our attempts to contact you to discuss a suitable repayment.

    Due to the information above i regret to inform you that we will not be able to uphold your complaint.

    We therefore request you contact us on 00000000000000000 to discuss your account. our opening times are *************

    Should you remain unhappy with our response, you do have the right to refer your concern to the FOS . This must be done within six months of the date of this letter and i have enclosed a leaflet which explains how to do this .

    2/1/2015 MKDP still liaising with original creditor .

    20/08/2015 MKDP
    statement in relation to the below Agreement which is governed by the consumer credit act 1974.

    This notice is given in compliance with the provisions of the cca 1974

    (gives the opening balance , total payments received , closing balance , period covered.

    12/10/2015 Robinson Way

    Your account details have been passed to us by our client to act as a collection agent and we will now be dealing with this account on their behalf .

    12/11/2015 Robinson way - offer of reduced balance over three months to pay .

    3/12/2015 Robinson way -The above overdue amount remains unpaid despite previous letters and calls. Your account is now due to be transferred to Howard Cohen & Co solicitors in the next 10 days , who will consider court action . If court action is taken, our clients solicitors will ask the court for an order adding legal costs and interest to the amount you owe. If the court grants their request , then the amount you owe will be increased.

    If you would rather agree an affordable repyayment plan directly with us to prevent this account being passed to HOward &Co , or if you believe you have a valid dispute relating to this account, please contact us without delay.


    13/01/2016 howard cohen

    notice of pending legal action

    we have been requested by our client's agent, robinson way ltd, to write to you regarding the above outstanding debt.

    Unless acceptable proposals for paying the amount you owe are received within 10 days of the date of this letter, we are instructed to issue proceedings in the county court with a view to obtaining a county court judgement against you. If we issue proceedings we sall ask the court for an order adding legal costs and interest to the amount you ow. If the court grants our request. then the amount you owe will be increased .
    Certain procedural rules govern claims in the county court . A failure to follow those rules may result in the court imposing sanctions for non-compliance. Details of the rules relating to litiigation can be found at jusitc.gov.

    13 Jan 2016 sent letter before action

    The letter is dated 02/01/2016 and we got it today ???? which means the ten days threat to make a proposal is now up so not even allowing a defence .
    I think this needs a letter , anyone agree ??

    thanks
    Last edited by Spent2much; 25 January 2016, 07:52.

    Leave a comment:


  • Spent2much
    replied
    Re: spent2much UE diary

    Originally posted by Spent2much View Post
    Type of account (credit card) husband's

    Date commenced (2005) i put 2005 but they may be before this also

    Approx balance.( £2,242.71

    Date last paid (22/06/2012)

    Are you on arrangement or not paying (stopping dmp )

    Status (default received but don't have it as was burgled in 2010 and some of our personal papers were scattered in the snow and could not be recovered )

    Account owner (originally monument but passed to Barclaycard )
    09/07/2012 sent CCA request
    27/07/2012 barclaycard they are dealing with request

    12/02/2013 from barclaycard

    cca recon sent to niddy


    13/02/13 sent missing pt's
    22/02/2013 from Barclaycard
    About your complaint


    Thank you for contacting us on 13 feb 2013 regarding your Barclaycard
    account.

    I am sorry that you have had reason to complain.
    I understand you are not satisfied that we have complied with our boligations under section 78 of CCA . We believe your credit agreement to be fully
    compliant with the Act and any allegations that it is not will be opposed. I realise this is not the answer you wanted,so I have given the details below so you can see the reasons behind our decision .

    I am aware that we made errors in our previous response which i have amended accordingly. Feedback has been given to the member of staff who made this error.

    I would like to assure you that the provision of a high level of service is of paramount importance to us and apologise for the oversight in the information provided with our previous letter.


    I would like to acknowledge your request for a copy of your original agreement and I am able to confirm that this has been sent to the relevant department who will contact you directly regarding this.


    _____

    It goes on to explain about the case of Carey v HSBC then about the statement of the terms of the agreement as varied regulation 7 of CNC regulations provides that, where an agreement has been varied in accordance with section 82(1) of the Act(as is the case with your credit agreement)


    ___________


    another 2 pages of statement of account
    compliance with section 61 of the Act
    office of fair trading.


    timescales
    your options
    Please take this letter as our final response to your complaint. If anything is unclear or if you are unhappy with the way we have handled your complaint. please write to the above address. I will do all I can to answer your questions and reach an agreement with you .


    28/02/2013 from barclaycard

    Thank you for contacting Barclaycard.

    Arrangements have been made for a copy of your ofiginal agreement to be issued to you, under separate cover, in due course.

    May i also advise that your other queries are being handled by another deprartment and they will reply to you shortly.

    I hope this information is of some assistance to you.



    07/03/2013 from Barclaycard
    they have semt an application form saying it is a cca. I have sent it to niddy


    5/03/2013
    Niddy says still

    23/08/2013 Barclaycard
    I am writing to inform you that the was assigned and transferred by Barclaycard to MKDP LLP on 16 August 2013

    This means that the effective owners of the above account are now MKDP LLP.

    MKDP LLP has appointed MK Rapid Recoveries as their servicing agent to manage your account on their behalf. All contact regarding your account should now be directed to Rapid Recoveries.

    I confirm that the amount outstanding on your account as at August was £2324.18

    With effect from date of this notice all payments due to Barclaycard shall be paid to MKDP LLP.
    11/10/13 from Rapid Recoveries
    Further to our recent communication regarding transfer of ownership of your balance we have not received your offer of payment.

    We want to help you and are in a position to offer an instalment arrangement to clear the outstanding balance, but we can only do this after speaking to you.

    Pleas call us to discuss ways we can help.

    Until we reach an agreement to clear this balance we will continue to contact you telephone or letter so we would advise you to contact us to resolve this matter.
    24/10/2013-MKrapid recoveries
    As you have not taken up our offer of help, we have no option but for your account to now be referred to Keynes Collections for litigation consideration to resolve this on our behalf.
    They may commence litigation against you which will increase the amount payable due to costs incurred .Should the matter proceed they could take against your property (if you are a homeowner)or have monies deducted directly from your salary (if you are employed)

    It is not too late to resolve this matter, please contact us immediately to allow us to help you avoid this.

    26/11/2013 from Barclaycard , they have sent the same cca as last time , just to make sure though i have sent it onto Niddy to take a look .
    Still UE .

    4/12/13 received a pile of statements from MKDP and a cover letter saying their client had fulfilled their obligation by providing them and the UE forms they sent .

    5/12/13 MKDP Further to your letter of acknowledgment we sent you in regards to the above account.

    At this time, we must apologise, as we are still unable to resolve your query. We are however currently liaising with the original creditor, and we will contact you as soon as we receive a response from them.

    15/02/2014 MKDP

    Further to our letter of acknowledgement sent you in regard to the above account, we write to advise you on the progress of your query.

    At this time, we aplolgise , as we are still unable to resolve your query. We are however currently liaising with the original creditor, and will contact you as soon as we receive a response from them. As stated previously MKDP LLP take great care to ensure that such matters are dealt with in a professional manner and apologise for the delay in resolving you query.

    12/03/14
    Further to our letter of acknowledgement sent you in regard to the above account, we write to advise you on the progress of your query.

    At this time, we aplolgise , as we are still unable to resolve your query. We are however currently liaising with the original creditor, and will contact you as soon as we receive a response from them. As stated previously MKDP LLP take great care to ensure that such matters are dealt with in a professional manner and apologise for the delay in resolving you query.

    10/04/14
    Further to our letter of acknowledgement sent you in regard to the above account, we write to advise you on the progress of your query.

    At this time, we aplolgise , as we are still unable to resolve your query. We are however currently liaising with the original creditor, and will contact you as soon as we receive a response from them. As stated previously MKDP LLP take great care to ensure that such matters are dealt with in a professional manner and apologise for the delay in resolving you query.

    11/05/14
    Further to our letter of acknowledgement sent you in regard to the above account, we write to advise you on the progress of your query.

    At this time, we aplolgise , as we are still unable to resolve your query. We are however currently liaising with the original creditor, and will contact you as soon as we receive a response from them. As stated previously MKDP LLP take great care to ensure that such matters are dealt with in a professional manner and apologise for the delay in resolving you query.

    02/06/14
    Further to our letter of acknowledgement sent you in regard to the above account, we write to advise you on the progress of your query.

    At this time, we aplolgise , as we are still unable to resolve your query. We are however currently liaising with the original creditor, and will contact you as soon as we receive a response from them. As stated previously MKDP LLP take great care to ensure that such matters are dealt with in a professional manner and apologise for the delay in resolving you query.

    07/07/14
    Further to our letter of acknowledgement sent you in regard to the above account, we write to advise you on the progress of your query.

    At this time, we aplolgise , as we are still unable to resolve your query. We are however currently liaising with the original creditor, and will contact you as soon as we receive a response from them. As stated previously MKDP LLP take great care to ensure that such matters are dealt with in a professional manner and apologise for the delay in resolving you query.

    2/10/2014 Barclaycard/Monument

    cca as requested .
    The cca they have sent is exactly the same as the last one which niddy said is UE , i won't even bother sending niddy this as it is identical so i shall send a missing P&T template

    30/10/2014 sent missing P&T


    sorry this is in blue it won't typein red

    6/11/2014 received from MKP
    Whilst i am sorry you remain dissatisfied , we have nothing further to add.

    You made reference to the prescribed terms under section 60, please note all relevant terms are enclosed supplied to you , therefore we do not believe that any issue of unenforceability arises .

    We can confirm we have spoken to an employee of Barclaycard who has confirmed that in accordance with the information stored on their systems and in line with their procedures, a properly executed agreement was in place in accordance with section 91.(1) of the consumer credit act 1972.

    There is no requirement to provide you with an original signed copy of the executed agreement. Our obligation is satisfied by providing you with a reconstructed copy which is legible. As you are aware we have provided you with a copy previously .

    As no new information has been provided to us regarding this matter i must advise you that our complaints procedure has been exhausted and we are unable to enter in to any further correspondence regarding this matter.
    should you remain unhappy with our response, you do have the right to refer your concerns to the financial ombudsman service. This must be done within six months of the final response daated 10th october 2014 where a leaflet was previously enclosed which explains how to do this .


    19/11/2014 again i can't type it in red

    KEYNES COLLECTIONS

    NOTICE OF INTENDED LEGAL ACTION

    As you have failed to respond to previous correspondence or agree a payment plan we have been instructed by MKDP LLP to collect the outstanding balance in accordance with your agreement .

    You had an agreement with Barclaycard which was assigned to
    MKDP LLP . Under the agreement the balance was to be repaid but you defaulted , breaching the agreement which has now been terminated . The full amount is now due and you are required to pay the outstanding balance to MKDP LLP.

    This letter constitutes a formal demand for payment of £2.323.18 and i make in accordance with the Practice Direction.

    This letter requires your immediate attention, Unless full payment or a suitable payment plan is agreed within 14 days from the date of this letter (10/11/2014) , legal action to recover the debt may be taken against you without further warning and your liability for costs may increase .

    Please reply in writing quoting your full name and reference or alternatively you wish to cal us to discuss you account

    12/12/2014 MKDP activity suspended whilst they investigate , as soo0n as they find anything out they will let me know


    3/1/2015 MKDP

    I write further to your recent correspondence and to our letter of acknowledgement in regards to the outstanding balance on your acount. Please accept this as our Final Response to your concerns.

    I understand you are looking for further documents relating to the above mentioned account , i note you have referred to PD-PAC in your letter of the dated the 20th November 2014. At this point no legal action has been taken and we are currently trying to supply you with the relevant information so we can work together to come to a suitable arrangement.

    i have enclosed

    statements of account

    reconstructed credit agreement

    default notice

    copy of the notice of assignment

    I can confirm that a Barclaycard have not issued a termination notice for this account, and we not have to supply communications between ourselves and Barclaycard .

    As verified in the enclosed documentation , you are liable for the outstanding balance stated above and we will resume our attempts to contact you to discuss a suitable repayment.

    Due to the information above i regret to inform you that we will not be able to uphold your complaint.

    We therefore request you contact us on 00000000000000000 to discuss your account. our opening times are *************

    Should you remain unhappy with our response, you do have the right to refer your concern to the FOS . This must be done within six months of the date of this letter and i have enclosed a leaflet which explains how to do this .

    2/1/2015 MKDP still liaising with original creditor .

    20/08/2015 MKDP
    statement in relation to the below Agreement which is governed by the consumer credit act 1974.

    This notice is given in compliance with the provisions of the cca 1974

    (gives the opening balance , total payments received , closing balance , period covered.

    12/10/2015 Robinson Way

    Your account details have been passed to us by our client to act as a collection agent and we will now be dealing with this account on their behalf .

    12/11/2015 Robinson way - offer of reduced balance over three months to pay .

    3/12/2015 Robinson way -The above overdue amount remains unpaid despite previous letters and calls. Your account is now due to be transferred to Howard Cohen & Co solicitors in the next 10 days , who will consider court action . If court action is taken, our clients solicitors will ask the court for an order adding legal costs and interest to the amount you owe. If the court grants their request , then the amount you owe will be increased.

    If you would rather agree an affordable repyayment plan directly with us to prevent this account being passed to HOward &Co , or if you believe you have a valid dispute relating to this account, please contact us without delay.


    update

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  • Enforcer
    replied
    Re: spent2much UE diary

    Same situation, been going on for several years, fortunately they will never receive the information, as it does not exist!

    Leave a comment:


  • Spent2much
    replied
    Re: spent2much UE diary

    [QUOTE=Spent2much;206748]Type of account (credit card)mine

    Date commenced (2003)maybe even before cannot remmeber

    Approx balance (£8,530)

    Date last paid (22 June 2012)

    Are you on arrangement or not paying (was on dmp now stopped paying)

    Status (default/cca being sent )

    Account owner (Lloydstsb)
    9/7/12 cca request
    16/8/12 received postal order back , letter saying they don't deal with this product, They think it is a loan not a credit card.
    28/8/12 sent back saying this was a payment for a cca request only
    13/9/12 received statement and all information about allocation of payment
    18/9/12 threat of action payment arrears
    20/9/12 new condtions added to agreement.
    24/9/12 cca reminder sent
    1/10/12 po sent back same thing cannot pay into loan account , they request another po. Niddy says send it againwith the normal cca request.
    4/10/12 cca sent by them sent to niddy

    15/10/12 sent missing pt's
    9/11/12 account sold to Cabot

    29/12/12 from Cabot

    Your account is overdue

    You agreed to make monthly repayments to Cabot via a Debt councellor (no i did not ), but according to our records, these payments have now stopped.

    We appreciate that your circumstances may have changed.

    What should you do next ?

    If you would still like your debt counsellor to act on your behalf, please contact them immediately so that they can inform Cabot of your circumstances.

    If we don't hear from you or your Debt Counsellor ?

    If you or your Debt counsellor do not contact us within the next 14 days, to make a suitable new payment arrangement , this may result in your account being returns to our Collections department.

    16/01/13
    RE Lloydstsb card

    Thank you for your letter received ,I regret you have felt cause to contact CF(europe) and apologise for any inconvenience that you have experienced in relation to this matter.

    OUR UNDERSTANDING OF YOUR COMPLAINT
    You state that we are harassing you thus breaching legislation and regulatory guidance as Lloyds TSB remain in default of your request for information under section 77/78 of the consumer credit act 1974 (CCA)

    OUR INVESTIGATION
    Upon review of our records i can confirm we recently purchased this account from Lloystsb on 2nd Oct 12 and were not made aware of any outstanding request for information. Therefore we attempted to contact you accordingly. I note we have sent two letters regarding the repayment of your account however I must advise you that the failure to provide a copy of your agreement in time does not affect the legality of your debt with Cabot but merely renders the credit agreement unenforceable until such time as the agreement can be produced. It has been well established in English law, that 'enforcement' constitutes obtaining judgment at Court. The reporting of a default entry to the Credit reference agencies or cabot requesting repayment of your account does not amount to enforcement.

    CONCLUSION
    In light of the above it is clear Cabot have not knowingly breached any legislation or regulatory guidance and therefore I refute your comments of harassment. Notwithstanding , we have requested information from LloydsTSB and anticipate that we will be able to provide this information within 40 days. In the event we are unlikely to obtain this information within this time frame, we will write to you accordingly.

    In the meantime we recommend that you arrange to make payments towards the outstanding balance on this account and upon receipt of the relevant documentation we will supply you with the same.

    also enclosed is a complaints procedure for FOS .

    19/04/13 Cabot

    Your request for information under the consumer credit act.

    Unfortunately Cabot has not been able to provide you with the requested information within the relevant time period.

    What happens next?

    We shall continue to request the information from the original lender to assist you with your request. In the meantime, we would like inform you that your account shall remain on hold with the customer assurance department until such time we can comply with your request.

    Your account

    Please not , you are still obliged to repay the outstanding balance as confirmed in this letter and therefore we would recommend you contact us as soon as possible to set a repayment arrangement or continue with your existing plan.

    19/11/2015 cabot
    statements of account , you do not need to do anything .

    [/QUOTE/] update

    Leave a comment:


  • Spent2much
    replied
    Re: spent2much UE diary

    Originally posted by Spent2much View Post
    Type of account (credit card) husband's

    Date commenced (2005) i put 2005 but they may be before this also

    Approx balance.( £2,242.71

    Date last paid (22/06/2012)

    Are you on arrangement or not paying (stopping dmp )

    Status (default received but don't have it as was burgled in 2010 and some of our personal papers were scattered in the snow and could not be recovered )

    Account owner (originally monument but passed to Barclaycard )
    09/07/2012 sent CCA request
    27/07/2012 barclaycard they are dealing with request

    12/02/2013 from barclaycard

    cca recon sent to niddy


    13/02/13 sent missing pt's
    22/02/2013 from Barclaycard
    About your complaint


    Thank you for contacting us on 13 feb 2013 regarding your Barclaycard
    account.

    I am sorry that you have had reason to complain.
    I understand you are not satisfied that we have complied with our boligations under section 78 of CCA . We believe your credit agreement to be fully
    compliant with the Act and any allegations that it is not will be opposed. I realise this is not the answer you wanted,so I have given the details below so you can see the reasons behind our decision .

    I am aware that we made errors in our previous response which i have amended accordingly. Feedback has been given to the member of staff who made this error.

    I would like to assure you that the provision of a high level of service is of paramount importance to us and apologise for the oversight in the information provided with our previous letter.


    I would like to acknowledge your request for a copy of your original agreement and I am able to confirm that this has been sent to the relevant department who will contact you directly regarding this.


    _____

    It goes on to explain about the case of Carey v HSBC then about the statement of the terms of the agreement as varied regulation 7 of CNC regulations provides that, where an agreement has been varied in accordance with section 82(1) of the Act(as is the case with your credit agreement)


    ___________


    another 2 pages of statement of account
    compliance with section 61 of the Act
    office of fair trading.


    timescales
    your options
    Please take this letter as our final response to your complaint. If anything is unclear or if you are unhappy with the way we have handled your complaint. please write to the above address. I will do all I can to answer your questions and reach an agreement with you .


    28/02/2013 from barclaycard

    Thank you for contacting Barclaycard.

    Arrangements have been made for a copy of your ofiginal agreement to be issued to you, under separate cover, in due course.

    May i also advise that your other queries are being handled by another deprartment and they will reply to you shortly.

    I hope this information is of some assistance to you.



    07/03/2013 from Barclaycard
    they have semt an application form saying it is a cca. I have sent it to niddy


    5/03/2013
    Niddy says still

    23/08/2013 Barclaycard
    I am writing to inform you that the was assigned and transferred by Barclaycard to MKDP LLP on 16 August 2013

    This means that the effective owners of the above account are now MKDP LLP.

    MKDP LLP has appointed MK Rapid Recoveries as their servicing agent to manage your account on their behalf. All contact regarding your account should now be directed to Rapid Recoveries.

    I confirm that the amount outstanding on your account as at August was £2324.18

    With effect from date of this notice all payments due to Barclaycard shall be paid to MKDP LLP.
    11/10/13 from Rapid Recoveries
    Further to our recent communication regarding transfer of ownership of your balance we have not received your offer of payment.

    We want to help you and are in a position to offer an instalment arrangement to clear the outstanding balance, but we can only do this after speaking to you.

    Pleas call us to discuss ways we can help.

    Until we reach an agreement to clear this balance we will continue to contact you telephone or letter so we would advise you to contact us to resolve this matter.
    24/10/2013-MKrapid recoveries
    As you have not taken up our offer of help, we have no option but for your account to now be referred to Keynes Collections for litigation consideration to resolve this on our behalf.
    They may commence litigation against you which will increase the amount payable due to costs incurred .Should the matter proceed they could take against your property (if you are a homeowner)or have monies deducted directly from your salary (if you are employed)

    It is not too late to resolve this matter, please contact us immediately to allow us to help you avoid this.

    26/11/2013 from Barclaycard , they have sent the same cca as last time , just to make sure though i have sent it onto Niddy to take a look .
    Still UE .

    4/12/13 received a pile of statements from MKDP and a cover letter saying their client had fulfilled their obligation by providing them and the UE forms they sent .

    5/12/13 MKDP Further to your letter of acknowledgment we sent you in regards to the above account.

    At this time, we must apologise, as we are still unable to resolve your query. We are however currently liaising with the original creditor, and we will contact you as soon as we receive a response from them.

    15/02/2014 MKDP

    Further to our letter of acknowledgement sent you in regard to the above account, we write to advise you on the progress of your query.

    At this time, we aplolgise , as we are still unable to resolve your query. We are however currently liaising with the original creditor, and will contact you as soon as we receive a response from them. As stated previously MKDP LLP take great care to ensure that such matters are dealt with in a professional manner and apologise for the delay in resolving you query.

    12/03/14
    Further to our letter of acknowledgement sent you in regard to the above account, we write to advise you on the progress of your query.

    At this time, we aplolgise , as we are still unable to resolve your query. We are however currently liaising with the original creditor, and will contact you as soon as we receive a response from them. As stated previously MKDP LLP take great care to ensure that such matters are dealt with in a professional manner and apologise for the delay in resolving you query.

    10/04/14
    Further to our letter of acknowledgement sent you in regard to the above account, we write to advise you on the progress of your query.

    At this time, we aplolgise , as we are still unable to resolve your query. We are however currently liaising with the original creditor, and will contact you as soon as we receive a response from them. As stated previously MKDP LLP take great care to ensure that such matters are dealt with in a professional manner and apologise for the delay in resolving you query.

    11/05/14
    Further to our letter of acknowledgement sent you in regard to the above account, we write to advise you on the progress of your query.

    At this time, we aplolgise , as we are still unable to resolve your query. We are however currently liaising with the original creditor, and will contact you as soon as we receive a response from them. As stated previously MKDP LLP take great care to ensure that such matters are dealt with in a professional manner and apologise for the delay in resolving you query.

    02/06/14
    Further to our letter of acknowledgement sent you in regard to the above account, we write to advise you on the progress of your query.

    At this time, we aplolgise , as we are still unable to resolve your query. We are however currently liaising with the original creditor, and will contact you as soon as we receive a response from them. As stated previously MKDP LLP take great care to ensure that such matters are dealt with in a professional manner and apologise for the delay in resolving you query.

    07/07/14
    Further to our letter of acknowledgement sent you in regard to the above account, we write to advise you on the progress of your query.

    At this time, we aplolgise , as we are still unable to resolve your query. We are however currently liaising with the original creditor, and will contact you as soon as we receive a response from them. As stated previously MKDP LLP take great care to ensure that such matters are dealt with in a professional manner and apologise for the delay in resolving you query.

    2/10/2014 Barclaycard/Monument

    cca as requested .
    The cca they have sent is exactly the same as the last one which niddy said is UE , i won't even bother sending niddy this as it is identical so i shall send a missing P&T template

    30/10/2014 sent missing P&T


    sorry this is in blue it won't typein red

    6/11/2014 received from MKP
    Whilst i am sorry you remain dissatisfied , we have nothing further to add.

    You made reference to the prescribed terms under section 60, please note all relevant terms are enclosed supplied to you , therefore we do not believe that any issue of unenforceability arises .

    We can confirm we have spoken to an employee of Barclaycard who has confirmed that in accordance with the information stored on their systems and in line with their procedures, a properly executed agreement was in place in accordance with section 91.(1) of the consumer credit act 1972.

    There is no requirement to provide you with an original signed copy of the executed agreement. Our obligation is satisfied by providing you with a reconstructed copy which is legible. As you are aware we have provided you with a copy previously .

    As no new information has been provided to us regarding this matter i must advise you that our complaints procedure has been exhausted and we are unable to enter in to any further correspondence regarding this matter.
    should you remain unhappy with our response, you do have the right to refer your concerns to the financial ombudsman service. This must be done within six months of the final response daated 10th october 2014 where a leaflet was previously enclosed which explains how to do this .


    19/11/2014 again i can't type it in red

    KEYNES COLLECTIONS

    NOTICE OF INTENDED LEGAL ACTION

    As you have failed to respond to previous correspondence or agree a payment plan we have been instructed by MKDP LLP to collect the outstanding balance in accordance with your agreement .

    You had an agreement with Barclaycard which was assigned to
    MKDP LLP . Under the agreement the balance was to be repaid but you defaulted , breaching the agreement which has now been terminated . The full amount is now due and you are required to pay the outstanding balance to MKDP LLP.

    This letter constitutes a formal demand for payment of £2.323.18 and i make in accordance with the Practice Direction.

    This letter requires your immediate attention, Unless full payment or a suitable payment plan is agreed within 14 days from the date of this letter (10/11/2014) , legal action to recover the debt may be taken against you without further warning and your liability for costs may increase .

    Please reply in writing quoting your full name and reference or alternatively you wish to cal us to discuss you account

    12/12/2014 MKDP activity suspended whilst they investigate , as soo0n as they find anything out they will let me know


    3/1/2015 MKDP

    I write further to your recent correspondence and to our letter of acknowledgement in regards to the outstanding balance on your acount. Please accept this as our Final Response to your concerns.

    I understand you are looking for further documents relating to the above mentioned account , i note you have referred to PD-PAC in your letter of the dated the 20th November 2014. At this point no legal action has been taken and we are currently trying to supply you with the relevant information so we can work together to come to a suitable arrangement.

    i have enclosed

    statements of account

    reconstructed credit agreement

    default notice

    copy of the notice of assignment

    I can confirm that a Barclaycard have not issued a termination notice for this account, and we not have to supply communications between ourselves and Barclaycard .

    As verified in the enclosed documentation , you are liable for the outstanding balance stated above and we will resume our attempts to contact you to discuss a suitable repayment.

    Due to the information above i regret to inform you that we will not be able to uphold your complaint.

    We therefore request you contact us on 00000000000000000 to discuss your account. our opening times are *************

    Should you remain unhappy with our response, you do have the right to refer your concern to the FOS . This must be done within six months of the date of this letter and i have enclosed a leaflet which explains how to do this .

    2/1/2015 MKDP still liaising with original creditor .

    20/08/2015 MKDP
    statement in relation to the below Agreement which is governed by the consumer credit act 1974.

    This notice is given in compliance with the provisions of the cca 1974

    (gives the opening balance , total payments received , closing balance , period covered.

    12/10/2015 Robinson Way

    Your account details have been passed to us by our client to act as a collection agent and we will now be dealing with this account on their behalf .

    12/11/2015 Robinson way - offer of reduced balance over three months to pay .

    update

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