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  • Re: spent2much UE diary

    chillax with a wine xx
    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
      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.


      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.



      12/03/2013 from Robinson Way
      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.
      update
      _______________________________________



      Comment


      • Re: spent2much UE diary

        I would send RobWay the second OD letter...even if you've already sent it
        Let your smile change the world but don't let the world change your smile


        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
          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 .
          update i ignore this ?
          _______________________________________



          Comment


          • Re: spent2much UE diary

            Originally posted by Spent2much View Post
            update i ignore this ?
            I would.

            If they've sent you a letter admitting they cannot enforce then they have pretty much committed suicide as far as this one goes.

            SH

            Comment


            • Re: spent2much UE diary

              Originally posted by ScabHunter View Post
              If they've sent you a letter admitting they cannot enforce then they have pretty much committed suicide as far as this one goes.

              SH
              When Gold isn't enough, there is SA Gold! New to the forum and find the UE route a bit scary? Take a look at my diary here and judge for yourself. I am now saving the money each month that was making little difference to the balance and not a bit of difference to my credit file as a result of finding AAD.



              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
                Type of account (catalogue very.co.uk)mine

                Date commenced (2004) maybe before

                Approx balance.( £1,217

                Date last paid (22/06/2012)

                Are you on arrangement or not paying (stopping dmp )

                Status (cca being sent )

                Account owner (very.co.uk) now with cabot financial


                9/7/12 cca request sent
                12/7/12 from Cabot do not have this inormation on file requesting from original lender.
                20/9/12 from Cabot still looking for agreement and until they do this account is UE



                19/04/13 Cabot

                Your request for information under the consumer credit act.

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

                What happens next?

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

                Your account

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

                25/04/13 doorstep visit template sent
                update
                Last edited by Spent2much; 25 April 2013, 10:00.
                _______________________________________



                Comment


                • Re: spent2much UE diary

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

                  Date commenced (2003)maybe even before cannot remmeber

                  Approx balance (£8,530)

                  Date last paid (22 June 2012)

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

                  Status (default/cca being sent )

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

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

                  29/12/12 from Cabot

                  Your account is overdue

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

                  We appreciate that your circumstances may have changed.

                  What should you do next ?

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

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

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

                  16/01/13
                  RE Lloydstsb card

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

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

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

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

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

                  also enclosed is a complaints procedure for FOS .

                  19/04/13 Cabot

                  Your request for information under the consumer credit act.

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

                  What happens next?

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

                  Your account

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


                  update
                  _______________________________________



                  Comment


                  • Re: spent2much UE diary

                    Originally posted by Spent2much View Post
                    update
                    Excellent so sit tight and await a response - right now it's
                    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!

                    If you spot any spammers, AE's, abusive or libellous posts or anything else that just doesn't feel right then please report them to me as soon as you spot them at: webmaster@all-about-debt.co.uk

                    Comment


                    • Re: spent2much UE diary

                      Originally posted by Spent2much View Post
                      update
                      Exactly the same as above - sit tight and await their next response....
                      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!

                      If you spot any spammers, AE's, abusive or libellous posts or anything else that just doesn't feel right then please report them to me as soon as you spot them at: webmaster@all-about-debt.co.uk

                      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)

                        9/7/2012 cca request sent

                        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 with a new condition to the agreement

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


                        22/12/12 NDR
                        22/12/12 NDR
                        monthly statement with £12 late fee added.

                        Notice of Default Sums under the Consumer Credit Act 1974

                        Please not 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 straight away to avoid any further charges and default communications. If you are having difficulty making payments or keeping to the terms of the agreement we would like to hear from you , so please call us now



                        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 from NDR
                        PRE-ESCALATION NOTICE
                        I have attempted to contact you on numerous occasions regarding the overdue payment on your account. As a result we have applied a £12 administration fee on your account.
                        As this payment is now seriously overdue, it is essential that you make a payment to prevent any further action being taken on your account.

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

                        23/01/13 kay&co/shop direct finance company ltd
                        Re: Credit Agreement Request
                        We write further to your letter dated 28/12/2012.
                        We confirm that your debt still remains outstanding.
                        You have advised us that your credit agreement is unenforceable, but unenforeceability does not mean that the rights of a party under a credit agreement were never acquired or are extinguished. This approach has been adopted by the courts as as 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 existing relationship in place.In the event that you did not believe there was a relationship it is unlikely you would have bought and continued to buy goods from us.

                        Therefore, as the debt remains unsatisfied, we will continue to request payments from you and notify the credit reference agencies about the status of your debt from time to time.
                        The information held at the credit reference agencies will remain on your file for 6 years , blah blah blah.

                        also from kay&co IMPORTANT YOU SHOULD READ THIS CAREFULLY



                        Default Notice served under section 87(1) CCA 1974
                        We refer to the above agreement which you have entered into with us.
                        The payment clause of the agreement provides that you must make the full required periodic payment in full by its due date. You are in breach of that clause because you have failed to make all your periodic payments in full when due, and arrears amounting to £1955.20 are outstanding.
                        To remedy this breach you must pay us the total arrears of £1965.20 before 31-Jan_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.
                        Further action :

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




                        23/04/13
                        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 .
                        update,
                        Last edited by Spent2much; 25 April 2013, 10:01.
                        _______________________________________



                        Comment


                        • Re: spent2much UE diary

                          If the £1989 is the full balance and not just arrears, then they have cocked it up. Don't tell them.

                          Comment


                          • Re: spent2much UE diary

                            Originally posted by vint1954 View Post
                            If the £1989 is the full balance and not just arrears, then they have cocked it up. Don't tell them.
                            Disregarding the 20p, could it be Feb & March two admin charges of £12?

                            Comment


                            • Re: spent2much UE diary

                              Originally posted by vint1954 View Post
                              If the £1989 is the full balance and not just arrears, then they have cocked it up. Don't tell them.
                              £1989.20 is balance and i think it includes arrears, i only paid about £2.30 a month on this account when it was in the dmp with payplan .

                              Do i ignore this ?
                              Last edited by Spent2much; 24 April 2013, 05:37.
                              _______________________________________



                              Comment


                              • Re: spent2much UE diary

                                Yes, you should definitely ignore this. Give them a chance to terminate on the back of a defective default notice, as this will give you another line of defence in addition to the unenforceability which already exists.

                                I can't quite work out what is going on, though. It looks from what you've quoted above as though they have issued a default notice before, and not acted on it. The current one also gives a date of 1st May, which is far too soon to comply with the law. This one appears to be from 'Kendo.com', while the previous one was from 'Kay&Co'.

                                I don't think they've got a clue what they are doing. Whatever it is, I would just let them get on with it.

                                SH

                                Comment

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