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  • Spent2much
    replied
    Re: spent2much UE diary

    Okay got that but where is the swid template because i can't see it . feel really stupid

    Leave a comment:


  • nightwatch
    replied
    Re: spent2much UE diary

    its in the unenforceability section,
    section 1, starting out.
    CCA bank accounts

    Leave a comment:


  • Spent2much
    replied
    Re: spent2much UE diary

    Originally posted by nightwatch View Post
    sign in using the same details you use to sign in here x
    ]

    i have but i cannot find the right template , maybe i am not looking in the right place but i search for swid for overdraft and nothing comes up .

    Leave a comment:


  • nightwatch
    replied
    Re: spent2much UE diary

    sign in using the same details you use to sign in here x

    Leave a comment:


  • Spent2much
    replied
    Re: spent2much UE diary

    Originally posted by nightwatch View Post
    thank you but this is complicated as when i click the link i have to sign in before i can view the templates and when i put it into the search engine it can't be found. I think it has got too complicated plus i am thick too which doesn't help :

    Leave a comment:


  • nightwatch
    replied
    Re: spent2much UE diary

    try this http://www.all-about-debt.co.uk/inde...327-bank-cca-1

    Leave a comment:


  • Spent2much
    replied
    Re: spent2much UE diary

    Originally posted by Still Waving View Post
    Hi S2m

    From your post #1473 it doesn't look as if you have sent a SWID letter to Lowell. If you haven't, then perhaps send one to Red, which should buy a bit of time while it gets referred back.
    I can't find the template for overdrafts been looking and even when i put it in the search engine it can't find it and my laptop doesn't have it saved and the main pc has crashed with everything on it

    Leave a comment:


  • Still Waving
    replied
    Re: spent2much UE diary

    Hi S2m

    From your post #1473 it doesn't look as if you have sent a SWID letter to Lowell. If you haven't, then perhaps send one to Red, which should buy a bit of time while it gets referred back.

    Leave a comment:


  • Spent2much
    replied
    Re: spent2much UE diary

    Originally posted by Spent2much View Post
    • Type of account (overdraft with lloydstsb) mine
      []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 )
    • 9/7/2012 cca request sent



    4/7/2012 from iQor , LloydsTsb have passed your debt to iQor with instructions to recover your outstanding balance .

    If you do not take action to resolve this matter immediately, we may commence legal action in the county court . This may well result in a judgment/decree being recorded against you.
    We may instruct a doorstep collector to visit your home to discuss your financial circumstances and agree payment .
    If you think you cannot pay the debt in full at presen then call us .
    1/08/2012 from gpb solicitors
    We have been contacted by iQor recovery in relation to monies owed to LloydsTsb
    If full payment ,or your proposals for payment , are not received by iQor within 10 days from the date of this letter, it is likely that we will be instructed to commence legal prceedings .

    16/08/2012 from gpb LEGAL ACTION PENDING
    You have failed to pay this overdue debt to LLOYDS TSB and we have been instructed by their agents iQor to recover the sum due. Full payment must be received in this office WITHIN SEVEN DAYS of the above date ,otherwise a counrt court claim may be issued without further warning .

    goes on about court costs

    If you fail to respond to this letter and we do obtain judgment against you , this not only impair your credit file and your ability to obtain credit, it may lead to further enforecment action and costs through

    : Having your personal belongings seized and sold by a county court bailiff
    :intercepting your wages with an attachment of earnings order being passed to any emploer you may have now or in the future

    If you reside outside the jurisdiction of England and Wales , then our agents may be instructed to raise an action in your local court.

    contact us now


    28/08/2012 resent CCA reminder
    13/09/2012 from iQor Further to your recent request under the CCA 1974,sec77/78 for copy of your original credit agreement we note that we have not received a fee of £1.00 from you which is required under the Act and for that reason we have not progressed your request any further.
    Should you wish to continue with this request, please forward us the prescribed fee of £1.00 and your request in writing.

    28/09/2012 from LloydsTsb , account passed to Robinson way
    1/10/2012 from Robinson way,
    Our client has authorised us to recover the full amount you woe, shown above.
    Please pay the full amount without delay
    If you do not pay or agree a payment plan with us, we may advise our client to start court action, If a court considers your failure to pay to be to neglect, an order for payment may be made.

    goes on to say about an application made to the court, future credit will be affected, this account may continue to worry me.

    12/10/2012 from Robinson way

    APPOINTMENT FOR HOME VISIT

    15/10/2012 LETTER SENT ABOUT THREATOGRAM AND HOME VISIT

    29/10/2012 from Robinson way.

    we refer to your recent request not to be contacted by telephone in respect of the above account .

    We can confirm that your tlephone number has been removed from your account in our file. You remain fully liable for payment of the balance owing and any further action may still be taken to recover the sum due.
    If you have not provided us with your repayment proposals, please contact us within the next 14 days.

    24/11/2012 from HORWICH FARRELLY

    We have been instructed by the above in relation to your outstanding debt.
    Court action may be taken against you unless you take steps to resolve the matter quickly. At this stage you can avoid court proceedings by taking the following action within the next 10 days ..
    Either:-
    a) make full payment, or
    b) Pay what you can now, and agree an affordable payment arrangement.

    Remember court action may increase the amount you owe, by the addition of court fees.

    you can pay and make proposals by using following websits robway.co.uk



    21/02/13 from robinson way

    WHERE HAVE WE GONE WRONG ?

    We have sent you a number of letters, tried to telephone you, and our local representative may have called at your home,(COULD THIS BE MALCOM ?) but your account remains unpaid.

    Full payment is due and payable. We know how worrying it can be to work out how to pay debts. If you cannot pay in full, we will listen and take into account your circumstances. the most important thing for you to do is get intouch.

    We may offer a reduction to your balance, we can agree a payment plan that is affordable and which you can keep to.

    Unpaid debts don't just go away or get forgotten no matter how much people want that to happen. Our staff are waiting to take your call, If you prefer , deal with this online at robway.co.uk or ypu can email us at : payline@robinson-way.com

    25/02/2013 sent account sold while in dispute to Robinson way

    7/03/2013 from robinson way (letter dated 4/03/13

    with reference to your recent contact , this balance relates to a current account and as such is expempt from part V of the Conusmer Credit Act 1974.

    There is therefore no requirement to produce a copy agreement.

    We now require you to resume your payments or to contact us with your repayment proposals within 14 days

    13/04/2013 from lloydsTsb
    As we haven't been able to agree a suitable repayment plan, we 've transferred your account to a debt collection agency Firstsource Solutions UK Ltd to arrange a collection of the outstanding amount.

    Please contact Firstsource as soon as possible to pay back the outstanding amount .

    12/07/2014-LLOYDS BANK
    Lloyds has assigned all of its respective rights, title and interest in respect of the above reference account (including the outstanding balance ) to Lowell Portfolio l Ltd effective 24/06/2014

    12/07/2014- Lowell

    This letter is intended to give you formal notice that your outstanding balance with Lloyds was sold and assigned to Lowell Portfolio l Ltd . on 24/06/2014. As Lowell now owns the debt , we are entitled to receive payment of the outstanding balance. Details of your account are set out in the right handn margin.

    Lowell Portfolio l Ltd . has instructed Lowell Financial Ltd. to manage your account.

    6/08/2014 Lowell
    we want to help you clear your account

    we still haven't agreed a repayment plan for the outstanding balance.

    Please phone us asap

    I received text messages from Lowell 17/07/14 4/08/14 12/08/14 .

    8/09/2014 lowell
    get in touch to discuss account oor lowell will pass debt onto Red Debt collections services who will obtain a copy of my credit file and determine what options to use to recover what i owe. for example they could use litigation .


    12/11/2014 red dcs
    we are a trading division of Lowell financial ltd and we are instructed to collect the money you owe to Lowell

    we specialise in assessing accounts for litigation and will be obtaining a copy of your credit file in order to review your financial circumstances and the information within it will help us to determine the best way to recover what you owe.

    You can avoid this by us ot either in full or to arrange a suitable payment plan.

    If you do replay what you woe you could risk legal action being taken, We may decide to apply to the county court for a CCJ , If we are successful and you do not pay depending on the amount you woe and your circumstances we could apply to secure the debt against property that you own or to deduct amounts directly from your earnings . we may ask a court bailiff to remove goods from your house to the value of the debt. to avoid such action call us and if you are unable to pay the full balance we will arrange a payment plan that you can afford ,




    what should i send in reply to this please ?

    Leave a comment:


  • Spent2much
    replied
    Re: spent2much UE diary

    Originally posted by Enforcer View Post
    A few on here at the same stage as you. Refer to Ombudsman, letter received just sit tight and wait for next move, guessing Keynes collections again. UE is UE. just fight them.

    Just noticed your reply thank you , not sure what to do now PlanB suggested replying but i was thinking to just wait and see what happens


    Leave a comment:


  • Spent2much
    replied
    Re: spent2much UE diary

    Originally posted by nightwatch View Post
    May be this one is the one to send now. http://www.all-about-debt.co.uk/inde...e-cca-received.

    you are not disputing that documents were sent just the fact they didn't send the ones you wanted. xx

    Thank you , that's a good reply will send that tomorrow x

    Leave a comment:


  • Enforcer
    replied
    Re: spent2much UE diary

    A few on here at the same stage as you. Refer to Ombudsman, letter received just sit tight and wait for next move, guessing Keynes collections again. UE is UE. just fight them.

    Leave a comment:


  • nightwatch
    replied
    Re: spent2much UE diary

    May be this one is the one to send now. http://www.all-about-debt.co.uk/inde...e-cca-received.

    you are not disputing that documents were sent just the fact they didn't send the ones you wanted. xx

    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 .


    what do i do now please , ( the reply from MKDP is in blue as it wouldn't change to red )
    Last edited by nightwatch; 6 November 2014, 16:57. Reason: changed colour for you NW

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  • SaltnVinegar
    replied
    Re: spent2much UE diary

    Originally posted by Pixie View Post
    If you need to access the templates SH, you just need to register with the "new" AAD site using the details you used to register with the forum. I'm on my phone so can't link to the relevant thread.
    This one:

    http://forums.all-about-debt.co.uk/s...-New-Templates

    SnV

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