spent2much UE diary

[Pixie]

Re: spent2much UE diary

Wait until they contact you again.

[Spent2much]

Re: spent2much UE diary

update

5/12/2013 sent swid to HL legal they think this account is a credit card but it is an overdraft .

9/12/2013 capquest saying they need £1 before they can send any information.

I am not keen to send a pound as this is an overdraft and will mean sending them a postal order which then costs me nearly double for a stupid pound plus the £1.60 postage , call me tight but I begrudge spending more than I have to .

update

[alland]

Re: spent2much UE diary

In the interest of keeping the paper trail going, maybe you should consider the two or three pounds a sensible investment, on the other hand if you really can't bring yourself to send them any money, then I suppose if I felt so inclined I would write back and say "I've already paid the £1.00 previously, and therefore not paying it again", If you get lucky it may be too much bother for them to search their records too look for the "missing" quid !

[Spent2much]

Re: spent2much UE diary

In the interest of keeping the paper trail going, maybe you should consider the two or three pounds a sensible investment, on the other hand if you really can't bring yourself to send them any money, then I suppose if I felt so inclined I would write back and say "I've already paid the £1.00 previously, and therefore not paying it again", If you get lucky it may be too much bother for them to search their records too look for the "missing" quid !

thank you I will try the second option first see how that goes

[Spent2much]

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

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 [/QUOTE]

update

[Pixie]

Re: spent2much UE diary

When you hear from Westcot, send the OD Account SWID

Dear Sirs

Account No/Reference No: XXXXXXXX

Thank you for your letter dated XX/XX/XXXX, the contents of which have been noted.

I write with reference to the above numbered account. I would like to point out that this account is formally in dispute with [Enter Original Creditor] and has been since they failed to acknowledge my Consumer Credit Agreement (CCA) Request, in line with The Consumer Credit (EU Directive) Regulations 2010 and also c.39 (s.74 (A&B) (VA)) CCA(1974).

As you are no doubt aware, your continual harassment not only breaches the Consumer Credit Act (1974), but also the Data Protection Act (1998), the Consumer Protection From Unfair Trading Regulations (2008) and the Office Of Fair Trading's Debt Collection Guidelines. Being that the Original Creditor is now in default of my CCA Request and OFT Debt Collection Guidelines, I consider this account to be in serious dispute, especially due to the fact that whilst my CCA Request remains in default (outstanding), enforcement action is not permitted in line with s.127(3) of the CCA1974.

As I held what can only be regarded as an 'Agreed Overdraft', which has now reverted to an 'Unauthorised Overdraft' then the lending becomes regulated in line with c.39 Part VA (s.74) (s.1(b)) CCA1974 meaning the normal rules and CCA(1974) protection applies to this account.

The account holder should be sending an annual reminder to me regarding the overdraft, as well as copies of the original agreement made, and an annual renewal form that contains the relevant prescribed terms that are clearly outlined in s.74(A)2(a,b,c,d,e). I highlight this provision for your perusal;

s.74A(2) The current account agreement must include the following information at the time it is made:

(a)the rate of interest charged on the amount by which an account-holder overdraws on the current account or exceeds the pre-arranged overdraft limit,
(b)any conditions applicable to that rate,
(c)any reference rate on which that rate is based,
(d)information on any changes to the rate of interest (including the periods that the rate applies and any conditions or procedure applicable to changing that rate), and
(e)any other charges payable by the debtor under the agreement (and the conditions under which those charges may be varied).

You should also be paying attention to s.74(B)(2) which reads, I quote;

s.74B(2) The matters referred to in subsection (1) are:

(a)the fact that the current account is overdrawn or the overdraft limit has been exceeded,
(b)the amount of that overdraft or excess,
(c)the rate of interest charged on it, and
(d)any other charges payable by the debtor in relation to it (including any penalties and any interest on those charges).

The CCA (1974) protection which applies to this type of unauthorised overdraft renders an account unenforceable if the required information is not forthcoming. As this account is clearly unenforceable, I expect you to write back and confirm that no further action will be taken, and that the account is now closed and no further correspondence will take place; irrespective, unless you do supply a lawful agreement I will not correspond with you again and any threats will be averred as unlawful and vexatious with a counter-claim forthcoming. In the meantime, I require that you clarify your position on this point as failure to do so, even by omission or lack of a response, will be regarded as an attempt to deliberately misrepresent or conceal the legal position regarding this matter to which an appropriate complaint will be made to the OFT.

Consequently, any legal action you pursue will not only be fully and vigorously defended, it will also be averred as both unlawful and vexatious. As such I respectfully suggest that this account is returned to the original creditor for immediate resolution prior to my seeking legal advice; due to the fact you cannot lawfully pursue any enforcement activities as the account was already in dispute at the time you became involved.

Yours faithfully,

[Spent2much]

Re: spent2much UE diary

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)

9/7/12 cca request sent

28/9/12 from Halifax account passed to BLS 3/8/12
14/11/12 payment reminder
28/11/12 sent cca reminder to bls
13/12/12 BLS saying statements enclosed as requested
14/12/12 BLS essential that i contact them
24/12/12 Halifax account passed to DrysdenFairfax
31/12/12 from DrysdenFairfax threatening letter to pay , court action , charge on house,
31/12/12 account sold while in dispute letter to drysdenfairfax
letter not received by drysdenfairfax according to post office website.
19/1/13 resent sold in dispute letter , sent by recorded delivery .
24/1/13 threatening letter from drysdenfairfax
16/2/13 from drysdenfairfax offer of settlement
29/04/13 Halifax
Account transferred to Westcot Credit Services Litd

29/04/13 account sold while in dispute letter to westcot


07/05/13 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 .
TO AVOID WESTCOT TAKING FURTHER ACTION, YOU MUST:
PAY THE DEBT IN FULL TO WESTCOT OR 2. CONTACT US ON BLAH BLAH BLAH
15/05/2013 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 corrospondence.

Unless you contact us to agree repayment of £248.46 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.


18/05/2013 sent OD SWID to westcot

31/05/13 Westcot

We acknowledge that have raised a query on this account and we would like to confrim to you how this will be investigated.

We will suspend all collections activity on the above account whilst the matter is under investigation.This means that we will not write to you, or telephone you in pursuit of the account whilst it is being investigated.

10/06/2013 westcot
We refer to your recent communication. Having contacted our client they have advised that the above balance is correct and due for payment .They state that the above balance relates to a current account, therefore no credit agreement is available.

In the circumstances, we believe the dispute has now been resolved and the full balance or an agreed monthly instalment is required by return. Payment can be made by direct debit or online

If in the event you believe you still have a valid dispute , please contact us with the details within the next 14 days otherwise your account will be returned to our recovery team for collection

5/8/13 westcot

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

This offer is only available for a limited period so you should contact us by the 11/08/2013 to agree a suitable settelememt , or the offer will be withdrawn and further action will continue to recever the full outstanding balance of £248.46.

If you are unable to take advantage of this offer, we will still consider a realistic repayment plan and you should contact us urgently to discuss your options. Unless a suitable arrangement plan is reached within 10 days of the date of this letter, (01/08/2013), further recovery action will be taken.


21/08/2013 from westcot
we understand that there may be many reasons why you have not responded to us in relation to this account.
You may feel that you are not in a position to stat making an acceptable payment against your balance or that you don't know how best to manage your way through you current liabilities.

Westcot are specialists in establishing repayment plans that best suit the needs of both our clients and their customers. For the overwhelming majority of customers that contact us we are able to make an arrangement tailored to each customer's financial circumstances.
We would therefore like to offer you the opportunity to repay this account via regular manageable instalments which will be both sustainable and affordable given your current circumstances.

what this means for you.....

an opportunity to take control with re-payments that you agree and that you can afford over a period of time.
no further phone calls, letters, text messages or home visits from Westcot or their appointed agents, providing you keep to the plan for this account.
The potential to improve you credit rating and increase your chances of obtaining future credit.

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

30/08/2013 Westcot

We have previously advised you that one of the actions we were considering on your account was a doorstep collection visit
to your home address to recover the outstanding balance.
As we know of no genuine reason why you have failed to repay the outstanding balance, instructions will now be provided to Scotcall, a doorstep agency, to make an appointment with you to visit your home address. The purpose of the visit is to agree with you how you will repay this debt.

You have a final opportunity to avoid referral to Scotcall by telephoning the number above .

02/09/2013 sent doorstep visit complaint letter to Westcot


4/11/2013 Halifax- account passed to Robinson Way

22/11/2013 robinson way , account is due to be passed to our solicitors drysdenfairfax in the next 10 days.

14/12/13 drysdenfairfax

instructed by robinson way to collect the amount outstanding within 14 days .

update are drysenfairfax thick or what , they have dealt with this account this year already when it was passed to them from another dca ?

I will send the swid Monday if i remember my father-in-law died suddenly Tuesday so busy with funeral arranegments now

[patchouli]

Re: spent2much UE diary

(( hug )) sorry to hear about your loss...

[IF]

Re: spent2much UE diary

I'm sorry too S2M

[Pixie]

Re: spent2much UE diary

I'm sorry to hear about your father-in-law S2M

[Spent2much]

Re: spent2much UE diary

Thank you guys means a lot to us xx

[nightwatch]

Re: spent2much UE diary

Sorry to hear of your loss S2M My love to you all x

[Miss Muddled]

Re: spent2much UE diary

Sorry to hear of your sad loss too S2M. Sending loving thoughts to all your family

[cymruambyth]

Re: spent2much UE diary

I just echo everyone else's sympathy a difficult time for you and your family

[cardiac arrest]

Re: spent2much UE diary

I also echo the above sentiments...and wish you all the best at this difficult time..