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  • #16
    Re: spent2much UE diary

    Type of account (overdraft)husband's

    Date commenced (2003)

    Approx balance (£525)

    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 (HBOS) think it was originally with Loydstsb

    9/7/12 cca request sent

    28/9/12 account passed to BLS 3/8/12

    28/9/12 repayment plan arrears

    13/12/12
    from BLS

    Please find enclosed a statement of account as requested.

    Should you require any further assistance please telephone us.



    14/12/12 BLS essential that you contact us today


    24/12/12 from Halifax account passed to drysdenfairfax




    31/12/12 drysdensfairfax solicitors
    threat of action if fail to pay.

    31/12/2012 sent SWID to fairfax
    19/01/2013 resent SWID to fairfaz
    28/01/13 from drysdenfairfax

    Thank you for your letter dated 31st December 2012 and I not all your comments.

    As a result of your letter, we have contacted our clent to clarify the current position and seek their further instructions. We will write to you, further, once they have respnded . I confirm that, in the meantime, the matter is on hold.


    09/03/12 from Halifax account passed to Robinson way


    I now wait to hear from Robinson way and then send an account sold while in dispute reply



    13/03/2013 from robbers way

    Our client has authorised us to recover the full amount you owem shown above.

    If you do not pay or agree a payment plan with us, we may advise our cleint to start court action ,

    THREATS OF WHAT COURT MIGHT DO OUR CREDIT RATING BLAH LBAH BLAH.




    12/03/12 from Robinson way

    IMMEDIATE ACTION REQUIRED



    25/03/13 account sold in dispute sent to Robinson way

    04/04/13 from Robinson way

    Thank you for your recent contact. Our client has advised us that your issue has been resolved and you remain fully liable for the balance outstanding.

    In the absence of any alternative dispute, we are unable to defer payment on this account and we now require your proposals for payment within the next 14 days .

    After this time collection activity will resume.




    ignore ?

    8/4/13 from robinson way

    Please note we have noted the dispute/query you have raised.
    We will make the necessary enquiries and let you know the outcome in due course.

    In the meantime we will stop all collection activity for this account.

    15/04/13 from Robinson way.
    Thank you for your recent contact. Our client has advised us that your issue has been resolved and you remain fully liable for the blalance outstanding .

    In the absence of any alternative dispute, we are unable to defer payment on this account and we now requre your poropsals for payment within the next 14 days .
    Ater this time collection activity will resume.

    01/05/13 robinson way

    NOTE..IMMEDATE ACTION REQUIRED

    You have not paid the sum you owe. Until it is paid your account will not be closed,but may stay registered as anupaid debt in your name. This may adversely affect your credit rating.

    WE URGE YOU TO SETTEL YOUR ACCOUNT-NOW-AND CLEAR THIS UP ONCE AND FOR ALL

    we can agree a reduced balance you can pay to settle your account and you may even be able to pay the reduced balance in instalments you can afford and will keep up, our staff are waiting to take your call
    Immediate payment can be made by calling us .
    18/05/13 drysdenfairfax
    We have been instructed by our clent's agent, Robinson Way,in relation to the above coutstanding debt.
    Legal action may be taken aggainst you unless you take steps to resolve this matter within 10 days of the date of this letter.
    To avoid further action you should either:
    -Make payment in full,or
    Pay what you can now and agree an affordable repayment arrangement to repay the remainder by contaction robinson way

    18/05/2013 drysdenfairfax 2nd SWID letter.
    checked royal mail and this was delivered and signed for .

    24/05/2013 from dysdenfairfax
    We are instructed that despite previous correspondence this matter remains outstanding. Unless this matter is resloved within 10 days of the date of this letter (23/05/2013) then we may have to advise our client to consider commencing legal proceedings against you.

    Even at this late stage you can acoid court action by paying the debt in full or agreeing an affordable payment plan with Robinson way .

    Please do not ignore this letter as taking no action is likely to lead to court proceedings being commenced which may increase the amount you owe with the addition of court fees, costs and interest .



    03/06/13 drysdenfairfax
    We have been instructed by our client's agent, Robinson Way, in relation to the above outstanding debt, Legal action may be taken against you unless you take steps to resolve this matter withing 10 days of the date of this letter (1st June 13)
    To avoid further action you should either:
    Make payment in full o
    Pay what you can now and agree an affordable repayment arrangement to repay the remainder by contacting Robinson Way.

    Any court action may result in additional court fees, solicitor's costs and interest being incurred which would be added to the amount outstanding.

    04/06/13 sent letters of complaint to drysdenfairfax and robinson way, kindly composed bt ScabHunter
    FORMAL COMPLAINT



    Dear Sirs,

    I am in receipt of your letter dated xxth March 2013, the contents of which are noted. Since your letter clearly refers to the threat of litigation, I am treating it as a formal letter of claim, albeit an entirely defective one. I refer you to the Civil Procedure Rules Pre Action Protocol Practice Direction, in particular Annex A and Annex B. You will note your letter fails spectacularly to comply with either of the aforesaid Annexes.

    Since you are a firm of solicitors, I cannot excuse such failures, and place you on notice that any litigation on the back of this letter will result in an immediate application to the Court requesting the matter stayed with costs against you and your client on the indemnity basis. I refer you to Para 4.6 of the Practice Direction which explains the consequences of non compliance with the Pre Action Protocol.

    I refer you also to my letter of 18th May 2013, which you signed for and have therefore presumably read. You have completely ignored the contents of that letter, and have chosen instead to send out a machine produced template which bears no relevance to the situation surrounding this alleged debt.

    You will be aware that your clients remain in default of a legitimate request for information pursuant to The Consumer Credit (EU Directive) Regulations 2010 and also c.39 (s.74 (A&B) (VA)) CCA(1974). Your clients have a statutory obligation to provide this information, and without it I am unable to assess whether or not any liability exists to your clients, nor to assess the extent of any such liability should it exist. It would therefore be far more appropriate for you to deal with your incoming mail in a reasonable manner, instead of using machine produced threat letters as an expedient, and abusing the legal system by using it as a threat tool instead of a means of resolving disputes which cannot be settled any other way.

    Accordingly, and in accordance with the CPR Pre Action Protocol Practice Direction, I look forward to your reply, dealing with the issues which were raised in my letter of 18th May. Note that any further obstructiveness and refusal to consider, or reply to, letters which are sent to you informing you of the true situation of your clients' affairs will result in a formal complaint being forwarded to the Solicitors Regulation Authority.

    Yours Faithfully,


    and this to RW -
    FORMAL COMPLAINT



    Dear Sirs,

    I am in receipt of a letter dated xxth May 2013, from Drydens Fairfax solicitors. The letter is a formal letter of claim, threatening immediate court proceedings if I do not comply with their entirely unreasonable orders. As the solicitors have ignored my previous communication, and are refusing to discuss or even acknowledge the ongoing dispute relating to this alleged debt, they are in breach of the Civil Procedure Rules Pre Action Protocol Practice Direction, in particular Annex A and Annex B. Note that my letter of 18th May 2013, which was received and signed for, has been completely ignored.

    Instead of responding to my legitimate dispute concerning your own failure to provide statutory information, the solicitors have mailed out a machine produced generic template which could apply to literally any alleged debt situation. This behaviour is obviously totally unacceptable, and any repeat thereof will result in a formal complaint being forwarded to the Solicitors Regulation Authority.

    Notwithstanding this consideration, you remain legally responsible for the actions of any organisation which you engage on your behalf. It would therefore be in your own interests to deal with the ongoing dispute, of which you have been aware since you received my letter of 25th March 2013, instead of misusing solicitors purely for the purposes of threatening and frightening people. Your own nonsensical response dated 4th April 2013 is also a machine produced generic template, which is entirely inappropriate for the situation. You are obviously aware that communicating with alleged debtors in a misleading manner is contrary to the Office of Fair Trading Debt Collection Guidance, specifically Section 3.2.

    I look forward to your response that you have withdrawn these badly behaved solicitors from this case, and that you are now prepared to deal with the issues raised in my previous communications. Any other response will result in this formal complaint being escalated to the Financial Ombudsman Service, and the Office of Fair Trading being informed of your continual breaches of their own published Guidance.

    Yours Faithfully,


    17/06/2013 from robinson way limited
    We refer to the above account and the recent issues you raised.

    Having looked at your acount we do not seem to have received your recorded mail dated 18th May 2013. Can you please resend this mail and also provide us with the recorded delivery number to enable to us to look into this matter further.

    On further investigation I have noted that your original dispute was regarding not receiving a valid CCCA request . Please be advised that the above account relates to an unpaid bank account . These are exempt from part V of the CConsumer Credit Act 1974 and as such there is no agreement available .

    In the meantime i have placed your account on a temporary delay awaiting your above correspondence. If you have any further quries ,please do not hesitate to contact us


    21/06/2013 Robinson way

    As we have been unable to contact you via any other way, we may now arrange for a doorstep collection agent to call at your address to agree an affordable payment plan with you, dependant on your personal circumstances.

    To avoid the matter being escalated to this next stage of the debt collection process involving a home visit, please contact this office disput circumstances and to agree an affordable payment plan directly with us.



    19/07/2013 Robinson Way

    We refer to the above account and our letter dated 13th June 2013.

    As we have not received the correspondence that we requested in our previous letter and our client has advised us they have no details of your dispute and you remain fully liable for the balance outstanding.

    Please forward your proposal for payment, we have held your account for 14 days to enable you to do this. After this time collection activity will resume on your account.

    If you have any further queries , please do not hesitate to contact us .

    09/08/2013 Robinson way

    Despite numerous attempts to contact you, the above account still remains unpaid.

    If you are having difficulties and need help or advice with your finances you can contact us or several organisations that can offer free impartial advice , details below

    we can still agree an affordable payment plan with you. call us on the above number.

    30/08/2013 Robinson Way

    We have sent you a number of letters, tried to telephone you, and our doorstep agent may have called at your home, but your account remains unpaid.
    The full balance is due and payable. but this may not be affordable.
    NOTE We can offer a reduction to the balance you owe to settle this account depending upon your circumstances. To help you settle this account you may even be able to pay the reduced balance by instalments you can afford, and will be able to maintain.
    Call us now to take advantage of this

    02/09/13 resent letters of copies of complaint to Halifax and Robbers way
    7/9/13 Halifax We have not been able to agree a repayment plan your account has been transferred to Westcot

    14/9/13 Westcot- We have been instructed by our client to collect the outstanding balance on their behalf.

    You should read both sides of this notice carefully, follow the instructions and reply IMMEDIATELY . If you have any queries or any of the information supplied is incorrect, please contact us on the number supplied.
    TO AVOID WESTCOT TAKING FURTHER ACTION , YOU MUST:
    pay the balance in full to westcot .

    PLEASE CONTACT US AS SOON AS POSSIBLE AS FAILURE TO DO SO WILL RESULT IN FURTHER RECOVERY ACTION


    18/9/13 Robinson Way- We refer to the above account and acknowledge your recent communication .

    Having now reviewed your comments we can advise you that your account has been returned to our client .

    All future payments and correspondence must therefore be sent to our client , directly.

    26/09/2013 Westcot

    FINAL NOTICE

    Our latest enquiries have now confirmed that you are still resident at this address but we have not received a reply to our previous correspondence.

    Unless you contact us to agree repayment of £525.20 within the next 10 days, further collection activity will be taken to recover the full outstanding balance.

    Please do not ignore this letter as this could result in further action being taken to recover the debt.


    04/10/2013 westcot

    REDUCED sETTELMENT OFFER

    As a final attempt to avoid further action , our client has agreed that we can offer you a discount ot settle your account.

    This offer is only available for a limited period so you should contact us by the 12/10/2013 to agree a suitable settlement, or the offer will be withdrawn and further action will continue to recover the full outstanding balance of £525.20

    If you are unable to take advantage of this offer, we will still consider a realistic payment plan and you should contact us urgently to discuss your options. Unless a suitable arrangement is reached within 10 days of the date of this letter, further recovery action will be taken.

    You can pay by debit card by calling *********





    15/10/2013-westcot ...sent ASWID

    26/10/2013 from westcot
    the opportunity to take control of your outstanding balance.

    westcot specialise in helping repayment plans
    offering an instalment plan to clear the balance

    This debt will not go away and now is the best time to act. To take up the offer you need to contact us on the number above


    31/10/2013 (sorry this is in blue i tried changing it to red but it won't have it )
    from wescot

    with reference to your recent communication regarding the above account, we can confirm this account related to a halifax current account, therefore your account is not covered by the CCA 1974

    In viw of the above we look forward to receiving payment in the 14 days


    11/7/2016 Cabot

    we are part of cabot credit management which has recently bought the account you held with Halifax. We are now responsible for helping you manage your account and receiving future payments .

    we wan the repayment process to be as easy as possible for you Our commitment to help you is that we will make sure that the repayment plan is affordable , and we do this by

    working closely with you to fully understand your current situation.
    creating tailored solutions to suit you based on what you can afford .

    21/7/2016 Cabot
    we really want to help you. your balance of ****is still outstanding.
    we understand you may not be able to pay - if you think this is the case we can help .


    30/08/2016 Cabot - We have previously explained that there are several options available and we want to help you find the most suitable solution.

    We need to hear from you so that we can help you take positive steps towards agreeing an affordable repayment plan on this account and becoming free of this debt. If Yo're having difficulties in being able t pay then it is important you tell us.

    Your account may be reported on your credit file and may affect your ability to obtain credit now and in the future. When you start making payments on your account you will begin to reduce the balance shown on your credit report .

    3 simple steps .
    Gather details of your income and expenditure call us on 1111111111

    Work with us to agree an affordable repayment plan

    If we do not hear from you will continue to contact you to help you resolve your outstanding balance.


    21/10/2016 - Cabot We haven't heard from you
    The balance is due and we have advised you of several options that available .
    If we don't hear from you we will continue to contact you, so that can try and help you take steps towards being free of this debt

    .
    18/02/2017 Cabot
    You need to contact us about your balance with us, as it has been a while since we last heard from you .It is important that you speak t0 us about this account, even if you think you can't afford to repay it.

    We are completely flexible around your budget . Simply fill out the enclosed budget form ad it will help you work out how much money you could spare per month on repaying your account . Return this to us, and we then can advise you on which option below might b be best for you .

    options

    pay in full
    monthly repayments
    discount

    04/05/2017 Cabot
    We have tried to contact you on several occasions so that we can , understand your financial situation and discuss a payment plan that is affordable and fair .

    Because we have been unable to contact you, w are now going to instruct a company called Moorcroft to try to arrange a visit at your home , so they they can put you back in touch with us.

    if you would prefer to speak to us directly then please call us withing the next 7 days.




    LBG OWNED BY CABOT

    Our cient has informed us that despite numerous attempts they have been unable to contact you to discuss your account. They have therefore passed your account o us to act as a collection agent.

    This may involve our local representative calling at your home address. Please call us if there is a particular time or date when you would prefer our representative to call . Our representative's normal hours of operation are from 8.30am-3.30pm from Monday to Thursday . Friday's 8.am-6.30pm abd Saturday 8.30am-3.30pm . Appointments outside of these hours may be arranged upon request.

    The purpose of this visit will be to assist you in establishing contact with our head office team by telephone. The visit does not involve any recovery of monies or possessions and is purely to help reconnect you to our head office team to establish your circumstances and discuss a route forward .

    If however you would pre
    fer to agree a repayment arrangement direct with our head office team to avoid a visit or you believe there is an outstanding query on the account , you must telephone us no later than 19/05/17.


    If you genuinely can't afford to make any repayment , speaking with us may still help . We can guide you to free money advice services and our scheduled visit will still be cancelled .

    moorcroft 16/08/2017
    I am sorry that despite our attempts to contact you no satisfactory agreement has been reached regararding the balance of your account.
    affordable repayment plan 25.97 per month would clear the balance and would stop further recovery action phone calls and letters .

    01/03/2018 Cabot
    As we still have not been successful in finding an appropriate solution, we are considering sending your account to an external debt collection company and urge you to contact us within the next fourteen days .

    Is there anything else we can do to answer you questions or to help you with your account ?



    Last edited by Spent2much; 1 March 2018, 16:52.
    _______________________________________



    Comment


    • #17
      Re: spent2much UE diary

      Type of account (JJB sports Master card)husband's

      Date commenced (2004)

      Approx balance (£580)(£657.69

      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 ( oQor)

      9/7/12 cca request sent

      30/8/12 from iqor doorstep visit threat
      03/09/12 sent doorstep threatogram letter to iqor

      12/11/12 from WMD
      Our client account number ***********
      client name Sygma Bank UK

      The account you held with Sygma bank uk has been passed to west midlands debt collection limited for recovery and currently has an outstanding balance of £***

      Full payment of the balance is required IMMEDIATELY.
      Please contact us without delay to discuss the full repayment of the debt. It is in your own interest to give this matter your urgent attention.

      If you are uanble to pay your debt in full, please call us urgently to speak with a specialist payment advisor, who will discuss a payment option that is in your current ability to repay this debt. We accept that you may be experiencing financial difficulties and aim to help you through this difficult time.

      This matter requires your urgent attention. To stop further action you must select one of the payment option listed at the side of this letter or contact us .

      Please do not conact our client as they will refer you us.

      28/11/2012
      WHD we may do this we may do that , doorstep threat
      3/12/2012
      iQor
      Dear *****
      We thank you for your letter.

      On checking our records , we find that this has been closed on our files and returned to our Client of their control and management
      Please not your fee enclosed un-cashed.
      Please contact client direct regarding any quieries you may have quoting the client reference number obove.


      6/12/12 WHD
      we previously contacted regarding this debt and received no response.

      We are therefore in the process of instructing our agents to visit you at your address to collect payment.

      27/03/12 WMD
      I am disappointed to note that we have still not heard from you regarding the payment of your debt
      Your options

      pay within 72 hours

      telephone us to arrange a repayment plan

      we are currently reviewing our options to take further action
      .

      shall i ignore this ?

      31/10/2013 WMD
      we have been attempting to contact you for some time to discuss this debt but without success.

      We consider all offers however low.

      its really important you call us now as this debt may soon be passed on to another dca or solicitors. We are offering you this final opportunity to repay this debt in a way that is manageable for you.


      8/11/2013 WMD
      Despite our efforts to contact you and assist you in clearing the above debt , by means of repayment arrangement that is manageable to you, you have failed to contact us. We therefore have no alternative but to sell this account to a debt purchaser.

      This transfer of account will take place shortly.

      You have ten days from the date of this letter o contact us to take advantage of the of the options available to assist you in repaying this debt.

      20/06/16 account sold to Lowell

      7/7/2016 Lowell

      Please contact us today to discuss your account
      You will not be asked to pay more than you can afford
      You can pay over the phone on xxxxxxxxxx

      As the owner of your creation financial services limited , Lowell Portfolio 1 lmt wrote you you previously.
      We are now contacting you to agree how you can repay your account .

      lowell 22/7/16

      We're yet to agree repayment for your former creation financial services limited account . We really want to work with you, but we can only help you if you get in touch .


      Whatever your circumstances, we'll reach an outcome that's right for you

      26/8/2016 cca request to lowell


      8/8/2016 lowell Get in touch to discuss payment

      24/9/2016 Lowell

      An update on your request for documentation ..

      Not had anything yet and the account remains on hold .

      27/01/2017 West Midlands Debt Collections - Your account held with Creation finance has been passed to us for recovery.

      Payment is now due in full and to prevent further action you must select one of the payment options .
      .

      7/2/2017 swid to west midlands debt collections .





      8/2/2017 - Lowell - we have returned your account to creation financial services .


      15/02/2017 Creation
      Further to your recent contact with us , I am sorry to hear that you have been dissatisfied with the service provided.

      A summary of the understanding of your complaint is below , please contact us if this is incorrect to enable us to deal with your complaint as swiftly as possible.

      . unhappy with the outstanding balance on your account .

      A thorough investigation into your concerns will be conducted and once this has been completed we will write to you again ..Enclosed is a copy of our complaints procedures for you information
      , please take time to read this as it explains how we deal with you complaint and when we will contact you again .

      30/5/2017 Creation


      I am disappointed to note that we have still not heard from you regarding the payment of your debt
      Your options

      pay within 72 hours
      telephone us to arrange a repayment plan
      If w do not hear form you withing 72 hours we will have no alternative but to take further action without reference to you.

      we are currently reviewing our options to take further action
      .


      13/1/2018 Creation
      They are selling the debt on so will wait and hear from the new dca .




      Last edited by Spent2much; 13 January 2018, 12:38.
      _______________________________________



      Comment


      • #18
        Re: spent2much UE diary

        Type of account (simplybe )mine

        Date commenced (2003)

        Approx balance (£1,124)

        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 (simply be) now with jd williams
        9/7/12 cca request sent
        27/7/12 from simplybe an application form , sent to niddy and niddy says

        27/7/12 sent missing PT's
        30/8/12 reminder for payment

        6/9/12 serious arrears letter

        11/9/12 letter they cannot enforce payment but threaten to commence collection again.

        receiving statements every month otherwise nothing to report .

        18/04/13 from simply be
        monthly statement and a reminder i haven't paid , also if i don't bring the account up to date they may take further action and additional charges added .

        01/05/13 Simplybe
        Minimum payment due £205.53
        Having tried to contact you on several occasions you have failed to maintain repayment of your account.
        We are prepared to help you but you must take resonsibility for clearing this debt.
        ~ The debt will not go away on its own.
        ~ You must pay the arrears within 48 hours to avoid action being undertaken to recover the debt.

        You can make a payment directly onto your account by calling us


        Please note that in accordance with our trading terms an administration charge will be made for each missed payment reminder. Your personal credit file may also be affected preventing furture facilities from high street banks

        23/05/2013 SimplyBe
        FINAL NOTICE
        Despite our best efforts to talk to you and agree proposals that suit your current situation you continue to ignore our help.
        Non-payment is a serious matter that is likely to prevent you getting credit in the future. We want to help but you must share your situation with us. Take notice if we do not receive your payment we intend to pass your account to a Debt Collection company.
        Reliable Collections ltd within the next few days, they may:
        Instruct debt collectiors to call at your home.
        Undertake appropriate action to recover the debt.
        To stop this action from being taken, you must make payment immediatley.

        Please not that in accordance with our trading terms an administration chare will be made for each missed payment reminder.
        13/06/13 simplybe
        statement enclosed ,An overdue amount of £313.14 is due now . Please contact reliable collections to arrange payment if no payment is recieved within 14 days £12 will be added to this statement



        [COLOR="Red"]14/06/2013 from Reliable collections,

        TAKE NOTICE
        We have been instructed by our client simply be to consider passing your account to a nationwide doorstep debt collection company who may visit you at your address to collect the above debt.

        you have made this necessary,as you have failed to contact simply be or us to make payment or offer any payments for doing so.

        You have 7 days to make your payment or to offer a repayment plan-we are prepared to accept instalments that suit your circumstances but you need to make contact with us urgently to agree such proposals
        26/06/2013 reliable collections ltd

        APPOINTMENT

        we have made an appointment to contact you at your home Wednesday between 6.00 and 8.00pm.
        If this is not convenient call our hotline on 0844 854 0078




        URGENT NOTICE-DO NOT IGNORE

        Serious arrears on a blalance of £2323.57
        arrears are now £539.37

        All attempts to communcate with you at this address have failed. As a result we have undertaken investigations to understand your whereabouts and sources have comfirmed that you are still residnet.

        This debt will not go away.

        to enable us to help you please contact our trained advisors to scuss your situation.
        Please not that in accordance with our clients trading terms an administration charge of £12.00 has been added to your balance.


        24/07/2013 Reliable colections ltd

        IMPORTANT-YOU SHOULD READ THIS NOTICE CAREFULLY

        outstanding balance, £2335.57 Now Due £539.37 Our client simply be

        Your conduct in this matter is unacceptable and will not be tolerated.
        Our client has delivered goods to your address and little effort has been made to pay for them.
        We are currently considering further steps to recover the debt which may result in us commencing court proceedings.
        Take notice that a payment needs to be paid within the next 48 hours to prevent further action.

        Call now on 000000000000 to discuss your proposals and make a payment

        31/7/2013 sent a letter to Reliable collections reminding them the account is UE and has been since 9/7/2012 when they failed to send the original CCA, what they did send was an application form filled in by simpybe staff.

        15/10/2013 sent one liner saying the account is dispute with simply be and my position remains the same.


        6 August DEFAULT NOTICE

        09/08/2013 from simply be
        monthly statement.


        details of the agreement
        since the 12.07/2001 letter explaining the status of the account and explaining breaching the contract. threats of time order .

        16/08/2013 from simply be
        Thank you for your letter dated 29th July 2013, which we received on the 2nd August 2013,the content of which has been noted.
        We cannot locate a copy of the signed agreement at this time.
        In light of of your comments we can confirm that all collections activity will now cease. If which is not admitted, the agreement is unenforceable under the CCA1974 due to your allegation that you failed to sign it, the consequences are that the creditor maybe prevented from taking steps to enforce the debt, however , we would point out tht the agreement is not void and the debt still exists in fact,on this basis, the fact that non-payment will be registered with the credit reference agencies and will remain for a period of 6 years, Pleas note that , this may make it difficult for you to obtain any form of credit in the future.
        05/10/2013 fredrickson int
        we are authorised to contact you by JD willians to secure repayment of this debt and all acomminications must now be with us to avoid further debt recovery action our client requires payment of 2.400.78 .
        12/10/2013 fredrickson int-LETTER BEFORE ACTION threat of court and bailiff
        19/10/2013 CONFIRMED RESIDENT
        THREAT OF LITIGATION IF DON'T GET IN CONTACT TO ARRANGE PAYMENT






        19/10/2013 sent letter previously confirming no CCA by simply be to Fredrickson International Ltd .

        25/10/2013 fredrickson int ltd
        We thank you for your recent letter dated 19 October 2013 and note the contents.
        We confirm that we are no longer instructed and the account has been returned to our client and our file is now closed.

        30/10/2013 fredrickons int ldt
        We refer to your recent coomuncation.

        We confirm that we will place your account on hold whilst we take instructions and you will hear from our client or us in due course.


        Last edited by Spent2much; 30 October 2013, 12:52.
        _______________________________________



        Comment


        • #19
          Re: spent2much UE diary

          Type of account (kays)
          mine
          Date commenced (2003)

          Approx balance (£1,905)

          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 (kays) now Littlewoods)
          09/07/2012
          18/07/2012
          recieved a cca back today , do i send the letter and the cca to niddy to look at ?




          13/08/2012 sent missing PT's

          24/9/2012 received a letter new condition to the agreement.


          26/10/2012 statement payment not received
          24/11/2012 statement payment not received

          22/12/12 NDR monthly statement with £12 late fee added
          Notice of Default cca 1974

          Please note that a default charge will now be added to your account, as you have breached the terms of the agreement.
          If you have not already done so. please rectify the position straght away


          31/12/12 sent missing PT's reminder
          4/01/13
          received from ndr

          NOTIFICATION OF INSTRUCTION TO PROCEED
          We have been instructed by our client:
          shop direct to act on their behalf in securing repayment for the sum of £1965.20 in respect of purchases made from K&Co.

          Accordingly, we give notice that unless this account is paid-or a satisfactory repayment arrangement is made within 7 days, our client will be taking the following action:

          Register a Default at the credit reference bureau which will remain on your credit file for 6 years and may affect your ability to gain further credit in the future.

          If you can pay your arrears in full within the next 7 days then we will review all default charges and additional interest applied to your account.

          If you wish to make an offer of repayment you should do so within seven days by contacting us on 0844 822 40952
          __________________________________________________
          NDR have been phoning me until 9 at night and from 8 in the morning .


          17/01/13 NDR PRE-ESCALATION NOTICE

          I have attempted to contact you on numerous occasions , £12 admin fee to account.
          Essential you make payment




          21/01/13 NDR
          default notice (reason late payment) £12 admin charge late payment


          23/01/13 kay&co/shop direct finance ltd

          Re: Credit Agreement Request
          We write further to your letter dated 28/12/12We confirm that your debt still remains outstanding.

          You have infromed us your agreement is unenforceable , but unenforceability does not mean that the rights of a party under a CCA were never acquired or are extinguished. This approach has been adopted by the courts and such means that we will still continue to request payments from you.

          It is clear, that by ordering and purchasing goods from us you acknowledge that there is an iexisting relationship in place. In the event that you did not believe there was such a relationship it is unlikely you would have bought and continued to buy goods from us.
          Therefore , as the debt remains unsatisfied, we weill continue to request payments from you and notify the credit reference agencies.


          also from kay&co
          YOU SHOULD READ THIS CAREFULLY

          DEFAULT NOTICE section(1) CCA 1974 pay £1965.20 before 31/01/13 to remedy the breach


          23/04/1
          Kendo.com

          Default Notice
          Served under section 87(1) of consumer act 1974

          We refer to the above agreement which you have entered into with us. The Payment Clause of the agreement provideds that you must make the required periodic payment in full by its due date. You are in breach of that cluase because you have failed to make all your periodic payments in full when due, and arrears amounting to £1989 are outstanding.

          To remedy the breach you must pay us the total arrears of £1989 before 01-May-2013.

          IF THE ACTION REQUIRED BY THIS NOTICE IS TAKEN BEFORE THE DATE SHOWN NO FURTHER ENFORCEMENT ACTION WILL BE TAKEN IN RESPECT OF THE BREACH.

          IF YOU DO NOT TAKE THE ACTION REQUIRED BEFORE THE DATE SHOWN THEN THE FURTHER ACTION SET OUT BELOW MAY BE TAKEN AGAINST YOU.

          further action:

          On the date shown, we shall require payment of the outstanding balance on the account , less any rebate allowable as set out below.

          Amount of outsanding balance £1989
          les rebate £0.00
          total amount to be paid £1989

          IF YOU HAVE DIFFICULTY IN PAYING ANY SUM OWING UNDER THE AGREEMENT OR TAKING ANY FURTHER ACTION REQUIREDBY THIS NOTICE, YOU CAN APPLY TO THE COURT WHICH MAY MAKE AN ORDER ALLWING YOU OR ANY SURETY MORE TIME.

          iF YOU ARE NOT SURE WHAT TO DO,YOU SHOULD GET HELP AS SOON AS POSSIBLE.FOR EXAMPLE YOU SHOULD CONTACT A SOLICITOR, YOUR LOCAL TRADING STARNDARS OR YOUR NEAREST CAB.

          The notice should include a copy of the current oft .

          11/05/13 NDR
          payment not received letter .

          05/06/13 from kays and Lowell Portfolio Ltd

          Kays - We hereby give notice of the assignment of the debt due to us from you in repect of the balance of £1989.20

          On 10/05/2013 your account was legally assinged to Lowell Portfolio Ltd and as such any further communications and payments regarding the account must now be addressed to Lowell Portfolio Ltd

          From Lowell Portfolio Ltd

          We are Lowell Portfolio Ltd , a specialist debt purchaser who buys accounts from companies such as Shop Direct/kay&co where there is an outstanding debt. We then work with the customer to help them repay it. Your account was sold to us on the 10/05/2013, details of the account are set out in the right hand margin of this notice. The balance is in respect of goods you ordered and received . As Lowell Portfolio l Ltd now owns the debt we are entitled to receive payment of the balance.

          Settling your account

          Before selling your account to us Shop Direct checked their records and found no reason why this should remain unpaid. You therefore need to pay us the £1989.20. You can call us on 00000000000and pay the full balance by card, or if you cannot afford to pay in full you can set up a monthly repayment plan. The simplest way to pay by instalments is to set up a direct debit until the balance is paid off. You can also visit our website and complete the dd mandate online.

          When you have paid the debt off , or once you start to make montley payments we will contact the cra to update your credit file. Keeping your credit file up to date can help your credit rating an allow you access to cheaper forms of credit.

          What happens next ?
          If you do not contact us to repay this account or set up a repayment plan, we will instruct our collection department. Lowell financial ltd to recover what you owe us.

          Statement of your account
          Under the CCA 2006 we are obliged to send statemtns and notices to you at prescribed intervals. On the reverse of this letter you will see your current position with regard to this account. You will continue to get statements and notices until you repay this debt

          6/6/13 sent SWID to Lowells

          19/6/13 from Lowells

          We thank you for your recent letter and appoligise for the delay in replying.

          Your comments with regards to the fact that the account is in dispute with Shop Direct as they failed to aknowledge your formal CCA request. We have queried this with Shop Direct and will advise you of their response upon receipt.

          In the meantime we have requested a copy of the credit agreement within the 12 working day period prewcribed by CCA, you will appreciate this is dependent upon receipt of the agreement from the original lender.

          We will advise you further if it will take longer than the prescribed period.



          21/06/13 Lowell

          We have requested a copy of your credit agreement
          Thank you for contacting us about your credit agreement. We have ased your original lender for copy .

          We will replay as soon as we can
          We will do our very best to send the information you asked for within 12 working days, but this does depend on when your original lender can send it. We will let you know if we do not hear from them in time.

          We're here to help
          In the meantime if you have any questions we'll be pleased to help you.

          1/7/2013 from Lowell

          News on your credit agreement request

          We have been in touch with shop direct about the copy of your credit agreement.

          They have let us know they are trying to retrieve the agreement from their achive.
          As soon as we have it, we will sent it to you.

          What will happen next
          In the event we cannot obtain a copy of the agreement we will write to you again and inform of this. Once you have seen your agreement , we will ask you to pay the outstanding balance in full.


          10/07/13 Lowell

          We are waiting for your credit agreement.
          I m afraid we have not received a copy of your agreement from shp direct yet. They are still trying to retrieve ti from their archives . We have placed your account on hold until we receive furhter information.

          We will be in touch
          When we have received it from them we will post it to you straightaway.

          08/08/2013 Lowell,
          Your credit agreement
          We refer to your request for a copy of the original credit agreement for this account.

          After liaising with Shop Direct in an effort to obtain this document we have been advised that is is no longer available due to the length of time since the account was opened for you.

          We are closing your account
          At this time we have closed our file and will not make any further contact with you concerning payment against this account unless the copy of the agreement is received at some point in the future from shop direct.

          If you have questions please contact us

          10/01/15 NCO RESOLVE
          account passed to nco resolve , please contact them on *******************

          our team may also be contacting you on numbers we have on record to discuss the account . We therefore request you keep your mobile phone safe .
          Last edited by Spent2much; 10 January 2015, 11:46.
          _______________________________________



          Comment


          • #20
            Re: spent2much UE diary

            Type of account (credit card)mine

            Date commenced (2003)maybe even before cannot rememeber

            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 conditions 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 again with 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 note , 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 .

            Last edited by Spent2much; 28 January 2023, 05:51.
            _______________________________________



            Comment


            • #21
              Re: spent2much UE diary

              Spent

              Why is everyone sending you CCJs?

              do you mean CCAs? might not be an idea to swop them over is that is the case, it's going to be really confusing for anyone looking in otherwise.

              thank you

              Comment


              • #22
                Re: spent2much UE diary

                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 .

                19/1/2017- same as above .

                20/7/2017 -Notice of sums of arrears -.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 and you should continue to make payments in the 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 ad we will be able to assist you.If we have not agreed a repayment arrangement then please contact us . .



                25/10/2017 capquest

                We are writing to inform you that capquest debt recovery limited will no longer be managing your account.

                what does this mean for you ?

                The balance on your account is still owed to caquest and NCO Europe ltd are now managing your account and will be writing to you shortly to confirm detail of this change. You should now direct all queries, correspondence and payments to them .








                Last edited by Spent2much; 25 October 2017, 15:30.
                _______________________________________



                Comment


                • #23
                  Re: spent2much UE diary

                  Type of account (store card ) Argos
                  mine
                  Date commenced (2004)

                  Approx balance (£880)

                  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 (moorcroft)
                  9/7/12 cca request
                  13/7/12
                  letter recieved today, all collection activity on this account has been put on hold and they will not seek to enforce payment of this debt until such time as the documentation has been supplied or i am advised otherwise .

                  I decided to scan the letter from Moorcroft to see if you all think this is the normal reply from them .

                  received 8/11/2012

                  8 pages of a reconstituted

                  It's just about Argos card and tells me about statements and financial and related details

                  example : 8 we will set the credit limit for your account and tell you what it is when we send you your Argos card.

                  _______________________

                  shall i copy the first page and send it to Niddy to make sure ?




                  08/12/12
                  Had another cca sent which is still just terms and conditions i have sent it to Niddy see what he says.

                  It's still unenforceable , shall i wait and see what they do next as they have already had a missing pt's letter ?



                  28/12/12 Moorcroft Home Collections Division.


                  Our records show that despite our previous letters to you, payment has still not been made on the agreement in place on our system with the result that your account is now in arrears for the sum of £1.00

                  Our records also show that you are dealing with us via a third party (this would be payplan) If you are no longer dealing with them please contact our call centre.

                  As a result of the arrears on your account it has now been passed to our Home Collections division for possible action. If contact is not made with our offices as above, this may involve our local representative calling at your home address to discuss the account with you and to seek to establish how you propose to settle the balance outstanding.

                  We would emphasise that if no satisfactory agreement is made with us or our local representative you may leave us with no alternative but to recommend to our client that they take debt rcovery action agaisnt you .

                  16/01/13 from Argos

                  Thank you for your letter dated 14 November 2012

                  Unfortunatley , we are unable to locate the signed copy of your agreement.
                  We make no admissions regarding whether or not the agreement was actually signed by you and reserve the right to undertake a more thorough search should it become necessary for us to enforce the agreement in the Courts.

                  We do of course note that s61 (1) (a) consumer credit Act 1974 provides that an agreement is not properly executed , unless a document containing the prescribed terms is signed in the the prescribed manner by the debtor.

                  We accept that unless we are able to locate the signed agreement or otherwise prove that it was sigend by you, it is unenforceable against you.

                  However, the agreement remains valid and we do expect you to continue with your payment.

                  then they refer to the case of McGuffick and the royal bank of scotland 2009

                  they say that if i choose to breach the terms of the agreement by failing to make the payments, they may have no option but to continue with their debt collection activities, and register a default .

                  14/02/2013 from direct legal collections

                  We have previously written to you advising that we are the legal owners of your debt.

                  We have now withdrawn your account from the Debt Collection Agency who were acting on our behalf and you now need to deal with us directly.

                  Please contact us with your proposals to pay the outstanding balance.
                  Failure to respond to this letter will result in further action being taken to recover the outstanding balance.





                  15/03/2013 from MDB

                  I have been instructed by direct legal & collections an associated company of Mercantile Data Bureau Ltd, to contact you about the above unpaid debt. Your account has been transferred to me due to your continued failure to discharge your current liability. All future contact relating to your account should now be with me .

                  I would like to give you the opportunity to discuss your account with me before we undertake any action with your account. I will take into consideration your current financial circumstances and outline the many options available to hep resolve this matter.

                  I urge you to contact me today on 00000000000000 to conclude this matter as quickly possible


                  05/04/13 from MDB

                  SELLEMENT OFFER

                  I have identified your account as eligible for an ealry settlement figure.

                  If you pay £445.78 within 14 days, I will be able to write off the remaining £445.78.

                  Once payment has been recieved, I will arrange for the credit reference agencies tr credit file.
                  This is a limited offer available for 14 day.



                  06/04/13 from dlc

                  We refer to your complaint dated 19 March2013. Please find enclosed a copy of our complaints procedure for your information.
                  GOES TO SAY THEIR FINDINGS AND SUMMARY AND HOW MANY TIMES THEY TRIED TO CONTACT ME .

                  Ignore ?



                  4/5/13 dlc
                  Further to our previous correspondence regarding your complaint, the original lender has confirmed that the original executed agreement and statement are currently unavailable due to the age of the account, please find a copy of the transactions to date from our system since our acuisition.

                  Whilst we may not be able to enforce the agreement, the monies remain outstanding. The agreement or any monies paid has not been made illegal or void because of our failure to enforce the credit agreement but the underlying obligation to repay, remains intact.

                  The ruling in the case of McGuffick CV RBS clarifies the numerous interpretations of what is considered 'enforcement'. Should you want to view the Judgement in its entirety , it is easily accessible via the internet.

                  The demanding of payment is not considered enforcement and purely a step taken prior to the commencement of proceedings, therefore your account will remain with our collections department for collection activity to continue.

                  Goes on about reporting my account to the credit reference agencies.

                  24/05/213 dlc- i have scanned this as there is too much to type out .


                  31/5/2017 Argos

                  This letter is important and requires your careful attention.

                  I am writing to you about the Argos store card account you opened in 2003 .
                  We recently reviewed the way in which we added charges to our customers accounts. This is included looking at your an Argos Card account from the first time a fee was charged, up until 01/03/2007. We have identified that some of the fees on your account should not have been charged.

                  We are sorry that this happened. We are therefore refunding all fees that were applied incorrectly , plus interest.

                  As you may be aware , we sold your account to DLC. We have notified them of the amount we are crediting to your outstanding balance and the have adjusted this accordingly .

                  The total reducing the outstanding balance by £ 20.09

                  Attached Files
                  Last edited by Spent2much; 31 May 2017, 11:11.
                  _______________________________________



                  Comment


                  • #24
                    Re: spent2much UE diary


                    Type of account
                    (overdraft Lloydstsb) husband's


                    Date commenced (2003)

                    Approx balance (£384.89)original balance was £525

                    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 (moorcroft)

                    9/7/12 cca request sent
                    13/7/12 request from moorcroft for £1.00 so they can deal with the cca request
                    16/7/12 sent moorcroft £1 postal order
                    1/8/12 moorcroft have sent postal order back saying it needs to be sent to and written out to LloydsTsb
                    14/11/12 moorcroft asking for payment or may start legal proceedings.
                    Letter from Moorcrof today, say they need a £1 before they can process mt request .
                    this is an overdraft account i thought no £1 payment was needed

                    14/11/2012

                    Our records show that we have not received a payment from you since 02/08/12.

                    We must therefore ask you to make an immediate payment to us or contact this office within the next 48 hours.

                    Unless payment of this amount is received in the next 7 days we may remommend to our client that we take further debt recovery action against you without further notice.


                    Neither we nor our client wish to take this step and if you call us on the above number we would be happy to agree a repayment plan that you can afford and maintain.

                    Any payment may be attached to this letter and made payable to Moorcroft debt Recovery Ltd.

                    Yours sincerely.


                    30/11/12 Moorcroft,Our records show that despite our previous letters to you,payment has still not been received

                    your account is in arrears for the sum of £1.00
                    Contact your dmc to arrange payment , contact us if you are no longer dealing with this third party .
                    As a result of arrears the account has been passed to Home Collections Division for possible action

                    Threat of recovery action



                    21/1/13 from LloydsTsb account passed to Robinson Way

                    24/1/13 from robbers way
                    do not ignore they have been authorised to revover this debt in full , threat of court action

                    [/QUOTE]


                    28/1/13 sent account sold while in dispute letter
                    1/2/13 from Robbers way

                    Your account has been passed to me for review. I am concerned that an affordable payment plan has not been agreed for payement of your account.

                    i want to make it simple for you to pay your account. Start to pay this account by making a MONTHLY PAYMENT OF JUST £30,(on due day of your choice), this can be agreed simply and quickly in one phone call to us. Or if you prefer, set the direct debit up online at http://www.robway.co.uk


                    If that is not affordable we need to hear from you, call us now, or email us at payline@robinson-way.com. Your circumstances will be considered.



                    If an affordable payment plan is not agreed with you, I will have no alternative but to pass your account for further action. Once your account leaves my hands there will be little more i can do to help you.


                    collections manager.


                    7/02/13

                    Please note we have noted the dispute/query you have raised.

                    We will make the necessary enquiries and let you know the outcome in due course.
                    Stopped all recovery action for time being

                    11/02/13 LloydsTsb
                    Cannot deal request until hubby sends a letter signed with his signature


                    13/02/13 to LloydsTsb CCA Request-Demand of Signature



                    18/02/2013 LloydsTsb

                    After looking into your complaint there is no record of you requesting a copy of the credit agreement for this account before now. I can assure you if we had been in reciept of this letter we would have responded sooner. Credit agreements do not apply to bank accounts and for this reason we cannot provide you with a copy of your credit agreement for the account requested.

                    I appreciate your concern with the fees which applied to your account. I can see you had a planned overdraft limit of £500. In providing you with this limit, we requested you to monitor the account and stay within its limit. I can see you last used your account on 26th february 2007 when you transferred £129.00 out of your account to leave £499.89 overdrawn. The transaction which took you overdrawn was the interest which we had pre notified you of. As such your account exceeded the planned overdraft and you were in an unplanned overdraft which was subject to unplanned overdraft fees as outlined in the terms and conditions of your account.

                    Fees continued to apply to your account until 2July 2007 , when we were made aware you were experiencing financial difficulties. From 26th Feb to 2 July 2007 £137.54 fees were applied correctly to your account.

                    When we were made aware you were experiencing difficulties and were dealing with Payplan we suspended all fees on the account and accepted the payments which were being made. Your account closed on 15 September 2008 with a debit balance of £599.68 and transferred to our Recoveries department as a longer repayment term was required . I can assure you no fees have been applied since 2 July 2007.

                    I appreciate you would rather make arrangements directly with us regarding payments, however, it is not practical for this to happen. It is normal for us to assign external recovery agents to act on our behalf (moorcroft) fromMay2011to August 2012. Due to no payments being made since then we assigned robinson way to contact you to discuss repayments.

                    To restore your confidence in us I have arranged for £137.54 fees to be credited to the account . Plese allow ten working days for the refunds to be processed at which point the amount owed will reduce to £384.89 . I will inform Robinson way of the revised balance.

                    21/02/13 LloydsTsb (no account number on this letter but i assume its for this account as hubbys tsb credit card is with 1st credit.

                    I was most concerned to receive your letter. Thank you for contacting us.

                    As your concerns relate to issues outside this control of this office, I have passed your concerns on to LloydsTSB's customer service recovery centre. It may take a while to gather all the facts together, but they will try to come back to you with a full response within the next few working days.

                    I think this letter has crossed with the one received a few days ago.

                    27/04/13 Robbers way

                    IMPORTANT PLEASE CONTACT US
                    Your account still remains unpaid despite previous letters and calls. Your account is due to be transferred to our solicitors, Horwich Farrelly in the next 10 days, who may consider court action.

                    If you would rather agree an affordable payment plan directly with us to prevent this account being passed to our solicitors, please contact us without delay.


                    Just trying to update this, I'm now confused, 27 th April 13 Robinson Way threatened to transfer this account to their solicitors Horwich farrelly, and then 15 May 2013 drysden/fairfax wrote saying their client has instructed them to collect this debt.

                    18/5/13 sent SWID to drysdenfairfax



                    24/5/13 drysdenfairfax- pay up or may consider court action
                    19/6/13 Robinson way doorspet visit threat
                    26/7/13 Account from Capquest
                    This letter is to inform you that your LRSB overdraft account has been referred to capquest to manage.

                    We have made enquires with experian crb who have confirmed that this is the current address for you.

                    it is our aim to agree a suitable plan with you to repay this debt. Our experienced team of negotiatiors are here to assit you in arranging a suitable arrangement . It is important an agreement is reached .

                    If contact is not made by this date your account will escalate to the next stage of recoveries (NO DATE WAS GIVEN)


                    09/08/2013 - Lloyds TSB
                    As we haven't been able to agree a suitable repaymnet plan we've transferred your Ltsb to capquest , please contact capquest asap to arrange to pay back the outstanding amount.

                    27/08/2013 capquest - this correspondence is to inform you that your ltsb account has been referred to capquest to manage in all matters relating to collection , which may include:

                    personal visits by our doorstep collection agency
                    possible litigation

                    it is our aim to ensure that a suitable payment plan is agreed and maintained. Our experienced team of negotiators are here to assist you in finding a plan that will clear your indebtedness, without the need for further action.
                    If you are not in a position to settle the account in full, you will need to contact us to discuss a suitable solution to this matter .
                    es your account for a pre-litigation review. Your account may be passed to our solicitors who may commence legal action on or around 16 th Oct 13.

                    Through the litigation process we will seek to obtain a County Court Judgement directing you to pay the monies outstanding. If we are successful and no payments are made towards your account, it maybe necessary to enforce the judgement through the courts by either a Warrant of Execution which will result in a bailiff visiting your address; by applying to the court for an attachment of earnings order which my result in deductions from you earnings by your employer or by seeking a charging order over you property to secure the judgement.

                    All of this action is avoidable . It is therefore in your interest to prevent the above course of action by contacting this office immediately to discuss settlement or a proposed arrangement to settle this debt.Our experienced pre-litigation team are on hand to assist you but this can only happen if you make contact before 16 Oct 13. Failure to respond by the date outlined may result in legal action being instigated.


                    31/10/2013 capquest
                    Please be advised that we are now in the process of making arrangements for our doorstep recovery agents ScotCall Limited, to visit you due to your failure to make a repayment arrangement.

                    goes on about agents want full amount , but will consider a f&f

                    must contact them before 07 Nov 13 to discuss account to avoid doorstep visit

                    12/12/13 Lloyds Bank - account passed to westcot


                    28/12/13 westcot REMINDER NOTICE
                    Our latest enquiries have now confirmed that you are still resident at this address but we have nor received a reply to our previous correspondence.

                    Unless you contact us to agree repayment within the next 10 days, further debt recovery will be taken to recover the full outstanding balance .

                    Please do not ignore this letter as this could result in further action being taken to recover the debt.

                    4/1/14 westcot
                    REDUCED SETTLEMENT OFFER
                    Final attempt to avoid further action reduced settlement offer .
                    This offer is only available until 11/01/14 , if don't contact them the offer will be withdrawn and further action will continue to recover the full oustanding balance.

                    22/01/2014 westcot

                    the opportunity to take control of your outstanding balance

                    We understand that there may be many reasons why you not responded to use us in relation to this account/

                    this debt will not go away and now is the time to act. To take up the offer you need to contact us on the number above where one of our dedicated operators will help you make a fresh start

                    01/02/2014 westcot doorstep visit threat

                    12/07/2014 - westcot we recently wrote to you to confirm we are acting on behalf of Lloyds bank in relation to the outstanding balance on this account and asked you to contact us urgently to discuss this matter .
                    As we have not had any response we have conducted additional checks to ensure we have the correct address details on file for you . These checks have confirmed that you are still resident at the address noted above and as the outstanding balance remains due it is essential that you contact us urgently to take control of his issue.

                    If we do not hear from you we will continue to undertake aactivity including phone calls, texting, and lettering to recover this account on behalf of Lloyds Bank .

                    19/07/2014- westcot

                    50% REDUCED SETTLEMENT OFFER £192.45


                    This account has been passed to Lowell , i don't know i never updated this information .

                    7/8/2015 Lowell , Please contact us to day to discuss your payment.
                    You will not be asked to pay more than you can afford.

                    22/08/2015 Lowell

                    We're yet to agree repayment for your former Lloyds (current account) We really want to work with you , but we can only help you if you get in touch .





                    Last edited by Spent2much; 25 August 2015, 08:58.
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                    Comment


                    • #25
                      Re: spent2much UE diary

                      Just corrected the spelling mistake meant to write cca not ccj
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                      Comment


                      • #26
                        Re: spent2much UE diary

                        Originally posted by Flowerpower
                        Well done! It's a very neat diary.

                        Once their responses to the CCAs start coming back you just have to update your diary and send them to Niddy for his expert verdict. As they were defaulted some time ago and most are with DCAs there's a good chance some will not be able to locate anything and some will be UE

                        Do keep us updated with anything you receive.

                        In the meantime, don't speak to any of them on the phone. If they keep ringing you can send them a letter asking them to stop harassing you and to communicate only in writing ---> Our Templates | Harassment & Intimidation Templates | Harassment by Telephone

                        Refuse to answer their security questions if you do answer. If it all gets too much you can write to them giving them this number ---> allaboutFORUMS - View Single Post - Free Number to Issue Creditors

                        thanks, will not speak to them on the phone its coming off now i will open plug it in when i need to pay the mortgage.
                        I remember a few years back 1st credit were phoning us about 10 times a day and my hubby had quite a bit of fun with them in the end, he answered each time and each time when they asked him the security questions he told them something different for his career, the most funny was when he answered 'I am a ski instructor' the guy on the phone went silent then he said ' a ski instructor in this country' yes of course my hubby replied whats wrong with that ? the guy was gob smacked i was in the chair laughing my ass off
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                        Comment


                        • #27
                          Re: spent2much UE diary

                          Originally posted by Spent2much View Post
                          • Type of account (overdraft with lloydstsb)

                          • Date commenced (2005)

                          • Approx balance.( £644.67

                          • Date last paid (22/06/2012)

                          • Are you on arrangement or not paying (stopping dmp )

                          • Status (default/letter recieved today, )

                          • Account owner (iQor on behalf of their client )
                          when sending off for a cca for overdrafts do i need to send them £1 ?
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                          Comment


                          • #28
                            Re: spent2much UE diary

                            Originally posted by Flowerpower
                            No, and don't send the standard CCA request template. See this post for overdrafts ---> allaboutFORUMS - View Single Post - Overdrafts - CCA Information

                            cheers this is a few quid saved them i have about 4 overdrafts and the same for hubby

                            it would be soooooooooooooo nice if they were all UE
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                            Comment


                            • #29
                              Re: spent2much UE diary

                              Originally posted by Flowerpower
                              When MBNA used to ring I didn't usually answer but sometimes the call came up as 'international' so I answered it. I would pretend to be a lodger with very poor English! "Very very sorreee, she no here, nono no here, sorrree, no speako eengleeeech"

                              one of my friends answers the phone and then says 'oh please hold the line i will get them for you ' and all he does is leave the phone on the side and sits watching the tv , about an hour later he puts the phone down
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                              Comment


                              • #30
                                Re: spent2much UE diary

                                Originally posted by Spent2much View Post
                                • Type of account (overdraft with lloydstsb)

                                • Date commenced (2005)

                                • Approx balance.( £644.67

                                • Date last paid (22/06/2012)

                                • Are you on arrangement or not paying (stopping dmp )

                                • Status (default/letter recieved today, )

                                • Account owner (iQor on behalf of their client )
                                Received a letter today from iquor telling me Lloydtsb have passed my debt onto them with instructions to recover the outstanding balance in full . If i do not take action to resolve theis immediately , we may commence legal action, threats of judgment and they may instruct a doorstep collector to visit my home to discuss my financial circumstances and agree terms of repayment. phone number to ring them
                                Last edited by Spent2much; 23 January 2015, 14:08.
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                                Comment

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