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  • Re: spent2much UE diary

    Originally posted by Flowerpower
    in that case, I'd probably just send a one liner referring them to your previous letter and a copy of it.
    thank you flowerpower
    _______________________________________



    Comment


    • Re: spent2much UE diary

      Originally posted by Flowerpower
      in that case, I'd probably just send a one liner referring them to your previous letter and a copy of it.
      Yes I agree
      I'm the forum administrator and I look after the theme & features, our volunteers & users and also look after any complaints or Data Protection queries that pass through the forum or main website. I am extremely busy so if you do contact me or need a reply to a forum post then use the email or PM features offered because I do miss things and get tied up for days at a time!

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      Comment


      • Re: spent2much UE diary

        Originally posted by Spent2much View Post
        update

        received 10.10/2012

        Thank you for your recent letter the content has been noted.

        We confrim our client has complied with your request for a CCA on the 16the July

        If you have any furthere queries regarding the prouduction of these documents you should refer this matter to our client direct.

        we have not recveived any CCA only the updates which i have posted so far .


        update

        received this today 16/10/2012

        Thank you for writing back to me about your request for us to provid you with a true copy of your credit agreement.

        We have previously provided you with a copy of your defaulted terms and conditions and a reconstituted copy of your original agreement. You were also provided with a statement of your account. Therefore, we have fully complied with the requirements of S78 of the consumer credit act.

        I acknowledge your reference to section 127(3) which, in summation means that a court will not make an enforcement order unless the agreement was signed by the debtor. As confrimed by the Judgment of His Honour Judge Waksman QC in Carey v HSBC[2009]3417(Q) providing a reconstituted copy of your client's agreement. His Honour Judge Waksman also confirmed that pursuant to Regulation 3(1) of the consumer credit (cancellation notices and copies of documents)Regulations 1983 the signature box, signatre and date of signature may aslo be omitted from any copy agreement provided.

        Furthermore prior to signature your clint was provided with a full copy of the trms of the origianl agreement to keep and was sent a further copy of their origianl agreement with their first crdit card.

        As we have complied with our obligations under s78, we will not be entering into any further correspondence regarding the provision of copy agreements. Your agreement is enforceable and we will to treat it as such.

        You advise the agreement is not enforceable. I refer you to the decisions of Mr Justice Flaux in McGuffick v HSBC[2009]EWHC 2385 (Comm)
        (McGiffick') and HH Judge Waksman in Carey v-HSBC [2009]EWHC 3147 (QB) (Care).

        It was clearly established in McGuffick that the following steps do not amount to enforcement.

        Reporting or threatening to report information of a credit agreement to a credit reference agency;

        Passing on, or threatening to pass on, personal data in respect of a credit agreement;
        Demanding payment from a debtor;

        issuing a default notice;
        istructing a third party to demand payment or otherwise to seek to procure payment,

        threatening legal action ; and
        bringing legal proceedings.

        THIS JUST GOES ON AN ON ABOUT THE CAREY CASE .

        SO NOW WHAT, CAP ONE HAVEN'T SENT US ANY TERMS AND CONDITIONS OR STATEMENTS OR ANYTHING THAT RESEMBLES A CCA .

        22/10/2012 Received a post card much like a voting card today with the following on it .

        CONFIRMED RESIDENT

        capital One (Europe) plc

        This account is seriously in arrears and you have failed to reply to correspondence or make a payment arrangement despite trace enquiries showing you as living at this address.
        Contact us now on0845 8396196 to arrange a payment or your account will passed to solicitors with authorisation to proceed with immediate litigation procedeeings against you at the above address .

        FREDRICSON INTERNATION LTD



        received 25/10/2012

        We refer to your recent communication.

        Please note that we are no longer instructed in connection with this matter and have returned the account to our client.

        yours sincerely

        fredrickson International Ltd.

        update
        _______________________________________



        Comment


        • Re: spent2much UE diary

          Originally posted by Spent2much View Post
          update


          Nice one.
          I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

          If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

          Comment


          • Re: spent2much UE diary

            From 22/10/12 -

            "your account will passed to solicitors with authorisation to proceed with immediate litigation procedeeings"

            From 25/10/12

            "have returned the account to our client"

            Isn't that rather a dramatic change for a three day period? Does it not suggest that the original threat might have been nothing more than hot air?

            On to the next gang of thugs and liars, who should now become increasingly incompetent.

            SH

            Comment


            • Re: spent2much UE diary

              Originally posted by ScabHunter View Post
              From 22/10/12 -

              "your account will passed to solicitors with authorisation to proceed with immediate litigation procedeeings"

              From 25/10/12

              "have returned the account to our client"

              Isn't that rather a dramatic change for a three day period? Does it not suggest that the original threat might have been nothing more than hot air?

              On to the next gang of thugs and liars, who should now become increasingly incompetent.

              SH

              i'm glad i never wasted £1.45 on delivery sending a reminder letter to their threatogram , i was going to send it today as was ill yesterday , now i will wait and see what happens nxt
              Last edited by Spent2much; 25 October 2012, 12:27.
              _______________________________________



              Comment


              • Re: spent2much UE diary

                Originally posted by Spent2much View Post
                Type of account (overdraft)joint

                Date commenced (2003)

                Approx balance (£935)

                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)

                received today 26/10/2012


                Repayment Plan Arrears £***

                We are contacting you about the above account as the repayment plan you agreed is still overdue.

                We have previously reminded you about the money you owe and you must pay the amount outstanding straight away. You can do this by calling the number above .
                If you do not pay the outstanding amount to bring your account back on track withing 10 days from the date of this letter your account will fall further into arrears, This could result in your repayment plan being cancelled and the full balance of £*** will be due.

                If you are exprincing financial difficulties we would suggest you contact a Debt Management Company company such as CAB or cccs . They are fee organisations who will assist you by offering independant advice on your situation.

                update

                14/11/2012

                It is essential that ou telephone BLS Collections on 0845 600 3238 TODAY

                yours sincerely

                BLS Collections Departemtn

                PLEASE ENSURE REGULAR PAYMENTS ARE MAINTAINED TO AVOID FURTHER ACTION BEING TAKEN

                PLEASE NOTE THAT OUR TELEPHONE LINES ARE OPEN MONDAY TO FIRDAY 8am to 7.30pm and SATURDAYS 8am to 4pm
                Last edited by Spent2much; 14 November 2012, 16:48.
                _______________________________________



                Comment


                • Re: spent2much UE diary

                  Originally posted by Spent2much View Post
                  Type of account (overdraft)mine

                  Date commenced (2003)

                  Approx balance (£248)

                  Date last paid (22 June 2012)

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

                  Status (default/cca being sent )

                  Account owner (HBOS)

                  received today 26/10/2012

                  Repayment Plan Arrears £***

                  We are contacting you about the above account as the repayment plan you agreed is still overdue.

                  We have previously reminded you about the money you owe and you must pay the amount outstanding straight away. You can do this by calling the number above .
                  If you do not pay the outstanding amount to bring your account back on track withing 10 days from the date of this letter your account will fall further into arrears, This could result in your repayment plan being cancelled and the full balance of £*** will be due.

                  If you are exprincing financial difficulties we would suggest you contact a Debt Management Company company such as CAB or cccs . They are fee organisations who will assist you by offering independant advice on your situation.
                  update



                  14/11/2012

                  It is essential that ou telephone BLS Collections on 0845 600 3238 TODAY

                  yours sincerely

                  BLS Collections Departemtn

                  PLEASE ENSURE REGULAR PAYMENTS ARE MAINTAINED TO AVOID FURTHER ACTION BEING TAKEN

                  PLEASE NOTE THAT OUR TELEPHONE LINES ARE OPEN MONDAY TO FIRDAY 8am to 7.30pm and SATURDAYS 8am to 4pm
                  Last edited by Spent2much; 14 November 2012, 16:49.
                  _______________________________________



                  Comment


                  • Re: spent2much UE diary

                    Originally posted by Spent2much View Post
                    Type of account (overdraft)mine

                    Date commenced (2003)

                    Approx balance (£246)

                    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)

                    received today 26/10/2012


                    Repayment Plan Arrears £***

                    We are contacting you about the above account as the repayment plan you agreed is still overdue.

                    We have previously reminded you about the money you owe and you must pay the amount outstanding straight away. You can do this by calling the number above .
                    If you do not pay the outstanding amount to bring your account back on track withing 10 days from the date of this letter your account will fall further into arrears, This could result in your repayment plan being cancelled and the full balance of £*** will be due.

                    If you are exprincing financial difficulties we would suggest you contact a Debt Management Company company such as CAB or cccs . They are fee organisations who will assist you by offering independant advice on your situation.

                    update



                    14/11/2012

                    It is essential that ou telephone BLS Collections on 0845 600 3238 TODAY

                    yours sincerely

                    BLS Collections Departemtn

                    PLEASE ENSURE REGULAR PAYMENTS ARE MAINTAINED TO AVOID FURTHER ACTION BEING TAKEN

                    PLEASE NOTE THAT OUR TELEPHONE LINES ARE OPEN MONDAY TO FIRDAY 8am to 7.30pm and SATURDAYS 8am to 4pm
                    Last edited by Spent2much; 14 November 2012, 16:49.
                    _______________________________________



                    Comment


                    • Re: spent2much UE diary

                      Originally posted by Spent2much View Post
                      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

                      received today 26/10/2012


                      Repayment Plan Arrears £***

                      We are contacting you about the above account as the repayment plan you agreed is still overdue.

                      We have previously reminded you about the money you owe and you must pay the amount outstanding straight away. You can do this by calling the number above .
                      If you do not pay the outstanding amount to bring your account back on track withing 10 days from the date of this letter your account will fall further into arrears, This could result in your repayment plan being cancelled and the full balance of £*** will be due.

                      If you are exprincing financial difficulties we would suggest you contact a Debt Management Company company such as CAB or cccs . They are fee organisations who will assist you by offering independant advice on your situation.

                      update



                      14/11/2012

                      It is essential that ou telephone BLS Collections on 0845 600 3238 TODAY

                      yours sincerely

                      BLS Collections Departemtn

                      PLEASE ENSURE REGULAR PAYMENTS ARE MAINTAINED TO AVOID FURTHER ACTION BEING TAKEN

                      PLEASE NOTE THAT OUR TELEPHONE LINES ARE OPEN MONDAY TO FIRDAY 8am to 7.30pm and SATURDAYS 8am to 4pm
                      Last edited by Spent2much; 14 November 2012, 16:49.
                      _______________________________________



                      Comment


                      • Re: spent2much UE diary

                        Originally posted by Spent2much View Post
                        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)
                        18/07/2012
                        recieved a cca back today , do i send the letter and the cca to niddy to look at ?



                        statement received today
                        update

                        i think i must have missed something off this post because niddy has already seen this and said it is ue, i can't understand where the rest of the post has gone. Sorry for confusion but the update is just a statement which i received today
                        Last edited by Spent2much; 26 October 2012, 22:09.
                        _______________________________________



                        Comment


                        • Re: spent2much UE diary

                          Yes, send to Niddy
                          I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

                          If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

                          Comment


                          • Re: spent2much UE diary

                            Originally posted by Spent2much View Post
                            update

                            11/10/2012 sent copy of cca request and cover letter saying they
                            haven't responded yet .

                            update

                            13/10/2012
                            you pay 70% discount of 30%

                            19/10/2012
                            received a cca have sent it to niddy waiting for his response

                            20/10/2012 annual statement from 1st credit .
                            received 27/10/2012



                            DEBT HELP SERVICES-A SPECIALIST COLLECTIONS UNIT OF 1ST CREDIT LTD

                            We are aware that you have never responded to any of 1st credit's letters in relation to the above overdue account or we have not heard from you for a while.

                            The case has now been passed over to us and we wish to take this opportunity to engage in comminucation with you in relation to understanding your wishes for repayment of the debt.

                            Debt Help services are here to assist you in agreeing a mutual acceptable arrangement to clear this debt.

                            Please contact us on 0000000000 If you are not in a position to call then please follow the instructions om the back of the letter or fill in the below form and we will contact you back where necesary.

                            Alternatively you could consider contacting Payplan or CCCS who will assist you with your finances for free and contact us for you. If you choose to contact Payplan or the CCCS then please fill in below form and send back with pre paid envelope provided .

                            head of collections
                            update

                            this is what niddy said about the cca from 1st credit

                            [quoted] by Niddy ...Well that isn't a CCA, not really. It will pass mind you but the fact they've absorbed an arrangement fee within the overall agreement is naughty, now of past I would say s.18 protects you but recently Paul. stated that is not always the case, so to be frank, and with the clear lack of any PT's within the agreement I would respond to 1st with a copy of this --> Our Templates | Unenforceability Templates | CCA Query - Missing Prescribed Terms

                            Last edited by Spent2much; 27 October 2012, 15:34.
                            _______________________________________



                            Comment


                            • Re: spent2much UE diary

                              Originally posted by Flowerpower
                              Has Niddy got back to you regarding the above CCA?
                              yes he said basically it is because an arrangement fee was added to the loan .
                              _______________________________________



                              Comment


                              • Re: spent2much UE diary

                                Originally Posted by Spent2much
                                19/10/2012
                                received a cca have sent it to niddy waiting for his response

                                20/10/2012 annual statement from 1st credit .
                                received 27/10/2012

                                DEBT HELP SERVICES-A SPECIALIST COLLECTIONS UNIT OF 1ST CREDIT LTD

                                We are aware that you have never responded to any of 1st credit's letters in relation to the above overdue account or we have not heard from you for a while.

                                The case has now been passed over to us and we wish to take this opportunity to engage in comminucation with you in relation to understanding your wishes for repayment of the debt.

                                Debt Help services are here to assist you in agreeing a mutual acceptable arrangement to clear this debt.

                                Please contact us on 0000000000 If you are not in a position to call then please follow the instructions om the back of the letter or fill in the below form and we will contact you back where necesary.

                                Alternatively you could consider contacting Payplan or CCCS who will assist you with your finances for free and contact us for you. If you choose to contact Payplan or the CCCS then please fill in below form and send back with pre paid envelope provided .

                                head of collections
                                Originally posted by Spent2much View Post
                                update

                                this is what niddy said about the cca from 1st credit

                                [quoted] by Niddy ...Well that isn't a CCA, not really. It will pass mind you but the fact they've absorbed an arrangement fee within the overall agreement is naughty, now of past I would say s.18 protects you but recently Paul. stated that is not always the case, so to be frank, and with the clear lack of any PT's within the agreement I would respond to 1st with a copy of this --> Our Templates | Unenforceability Templates | CCA Query - Missing Prescribed Terms

                                update

                                received today 31/10/2012

                                Notice of Assigment from citifiancial

                                Relating to account number ***********
                                balance Outstanding ******

                                We refer to your account with CITIFINANCIAL EUROPE PLC.

                                This letter is to inform you that, with effect from the date at the top of this letter, we have assigned your account to 1st credit finance limited

                                From now on you must direct all payments due under the agreement, as well as correspondence and enquiries, to 1st credit finance limited

                                Please contact them immediately to discuss your account.

                                This account was assigned to 1st credit four years ago so what the heck is going on
                                Last edited by Spent2much; 31 October 2012, 13:26.
                                _______________________________________



                                Comment

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