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  • Re: spent2much UE diary

    Originally posted by JLC View Post
    I thought Cabot were an external debt collection agency!
    Cabot is a debt purchaser (i.e. a debt owner) .

    DCAs act as agents for creditors and debt purchasers but they don't own the debt. Their involvement is to collect the money and sometimes manage the account on behalf of the debt owner.

    Di

    Comment


    • Re: spent2much UE diary

      Originally posted by Diana Mayhew View Post
      Cabot is a debt purchaser (i.e. a debt owner) .

      DCAs act as agents for creditors and debt purchasers but they don't own the debt. Their involvement is to collect the money and sometimes manage the account on behalf of the debt owner.

      Di
      do i just ignore for now? I'm nearly into my last year until statute barred the last payment on the debts was 22n June 2012 .
      _______________________________________



      Comment


      • Re: spent2much UE diary

        I would ignore.
        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

          So would I.

          Comment


          • Originally posted by Spent2much View Post
            Re: spent2much UE diary

            Type of account (credit card)mine

            Date commenced (2005) i put 2005 but they may be before this also

            Approx balance.( £940.66

            Date last paid (22/06/2012)

            Are you on arrangement or not paying (stopping dmp )

            Status ( i believe a default was 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 ( Barclaycard)


            9/7/2012 sent cca request

            4/8/2012 Barclaycard looking for original agreement
            12/02/2013 from barclaycard

            cca recon sent to niddy
            sending missing pt's today

            13/02/13 sent missing pt's
            22/02/2012 from Barclaycard
            About your complaint


            Thank you for contacting us on 13th Feb 2013 regarding your Barclaycard



            I am sorry that you have had reason to complain.
            I understand you are not satisfied that we have complied with our obligations

            under the section 78 of CCA. We believe your credit agreement is 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 the 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 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 accprdance with section 82(1) of the Act (as is the case with your credit agreement )


            ___________
            amother 2 pages of statement of account
            compliance with section 61 of the Act
            office of fair trading
            timescales
            your opininons
            Please take this letter as our final response to your complaint. If anything is unclear of 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.

            28/6/2017 Barclaycard

            We'll soon be transferring your account over to Hoist Portfolio Limited , who have chosen Robinson Way Limited to act on their behalf .

            Robinson way will be in touch once the transfer is complete .
            update
            _______________________________________



            Comment


            • So the cycle of letter writing begins again

              If I've understood your post correctly this debt is due to go Statute Barred in June next year so in typical fashion the original creditor has assigned it to a debt purchaser (Hoist).

              Wait for Robinson Way to introduce themselves.

              Di

              Comment


              • Originally posted by Diana Mayhew View Post
                So the cycle of letter writing begins again

                If I've understood your post correctly this debt is due to go Statute Barred in June next year so in typical fashion the original creditor has assigned it to a debt purchaser (Hoist).

                Wait for Robinson Way to introduce themselves.

                Di

                Thank you for replying
                Last edited by Spent2much; 29 June 2017, 11:59.
                _______________________________________



                Comment


                • We've just had the same letter about two accounts. They must be doing the rounds again.

                  Comment


                  • Originally posted by Spent2much View Post
                    Re: spent2much UE diary

                    Type of account (loan HP )
                    joint
                    Date commenced (2005)

                    Approx balance (£3,070)

                    Date last paid (22 June 2012)

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

                    Status (default/cca being sent )

                    Account owner (black horse) dca need to find details

                    9.7/12012 sent cca request


                    29/09/2012 received copy of cca sent to niddy

                    r



                    received back from niddy 03/09/2012
                    ue because they added an arrangement fee the loan

                    15/10/2012 sent missing pt's




                    8/11/2012 from Black horse, cca was enforceable and asking questions why I think it is not.

                    18/07/2014 Capquest

                    The consumer credit act 1974 requires us to send you this arrears notice because you are behind with the sums payable under this agreement.

                    If you have not already done so , please contact us to discuss your missed payments as we would like to help you with any financial difficulties you may be experiencing.

                    If you want more information about which payments you failed to make please get in touch with us . We are required to give you this information within fifteen days of receiving your request for it .

                    16/01/2015 capquest
                    Notice of Sums in Arrears
                    The cca 1974 requires us to send you this arrears notice because you are behind with the sums payable under this agreement.

                    If you have not already done so, please contact us to discuss your missed payments as we would like to help you with any financial difficulties you may be experiencing.

                    This is not a demand for immediate payment if we have already agreed a repayment arrangement with you. If an arrangement has been made, this will cover the arrears in this notice and there is no need to contact us an you should continue to make payments in line with that arrangement. If you are unable to make these agreed repayments at any time in the future then please contact us to discuss your current circumstances and we will be able to assist you. If we have not agreed a repayment arrangement then please contact us.

                    20/07/2015 capquest

                    as above same thing not a demand for payment just notice of sums in arrears .

                    20/1/2016 capquest yearly reminder of arrears exactly the same letter as above .

                    19/1/2017- same as above .

                    20/7/2017 -Notice of sums of arrears -.This is not a demand for immediate payment if we have already agreed a repayment arrangement with you . If an arrangement has been made, this will cover the arrears in this notice and there is no need to contact us and you should continue to make payments in the line with that arrangement. If you are unable to make these agreed repayments at any time in the future then please contact us to discuss your current circumstances ad we will be able to assist you.If we have not agreed a repayment arrangement then please contact us .

                    ignore ?
                    _______________________________________



                    Comment


                    • Yep!
                      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


                      • Originally posted by Spent2much View Post
                        Re: spent2much UE diary

                        Type of account (overdraft)husband's

                        Date commenced (2003)

                        Approx balance (£525)

                        Date last paid (22 June 2012)

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

                        Status (default/cca being sent )

                        Account owner (HBOS) think it was originally with Loydstsb

                        9/7/12 cca request sent

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

                        28/9/12 repayment plan arrears

                        13/12/12
                        from BLS

                        Please find enclosed a statement of account as requested.

                        Should you require any further assistance please telephone us.



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


                        24/12/12 from Halifax account passed to drysdenfairfax




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

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

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

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


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


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



                        13/03/2013 from robbers way

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

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

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




                        12/03/12 from Robinson way

                        IMMEDIATE ACTION REQUIRED



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

                        04/04/13 from Robinson way

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

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

                        After this time collection activity will resume.




                        ignore ?

                        8/4/13 from robinson way

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

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

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

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

                        01/05/13 robinson way

                        NOTE..IMMEDATE ACTION REQUIRED

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

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

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

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

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

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

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



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

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

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

                        FORMAL COMPLAINT


                        Dear Sirs,

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

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

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

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

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

                        Yours Faithfully,


                        and this to RW -
                        FORMAL COMPLAINT


                        Dear Sirs,

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

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

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

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

                        Yours Faithfully,


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

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

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

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


                        21/06/2013 Robinson way

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

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



                        19/07/2013 Robinson Way

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

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

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

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

                        09/08/2013 Robinson way

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

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

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

                        30/08/2013 Robinson Way

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

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

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

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

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


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

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

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

                        26/09/2013 Westcot

                        FINAL NOTICE

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

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

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


                        04/10/2013 westcot

                        REDUCED sETTELMENT OFFER

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

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

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

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





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

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

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

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


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

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

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


                        11/7/2016 Cabot

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

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

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

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


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

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

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

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

                        Work with us to agree an affordable repayment plan

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


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

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

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

                        options

                        pay in full
                        monthly repayments
                        discount

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

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

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




                        LBG OWNED BY CABOT

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

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

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

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

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

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



                        update
                        _______________________________________



                        Comment


                        • Originally posted by Spent2much View Post
                          Re: spent2much UE diary

                          Type of account (credit card)mine

                          Date commenced (2005) i put 2005 but they may be before this also

                          Approx balance.( £940.66

                          Date last paid (22/06/2012)

                          Are you on arrangement or not paying (stopping dmp )

                          Status ( i believe a default was 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 ( Barclaycard)


                          9/7/2012 sent cca request

                          4/8/2012 Barclaycard looking for original agreement
                          12/02/2013 from barclaycard

                          cca recon sent to niddy
                          sending missing pt's today

                          13/02/13 sent missing pt's
                          22/02/2012 from Barclaycard
                          About your complaint


                          Thank you for contacting us on 13th Feb 2013 regarding your Barclaycard



                          I am sorry that you have had reason to complain.
                          I understand you are not satisfied that we have complied with our obligations

                          under the section 78 of CCA. We believe your credit agreement is 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 the 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 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 accprdance with section 82(1) of the Act (as is the case with your credit agreement )


                          ___________
                          amother 2 pages of statement of account
                          compliance with section 61 of the Act
                          office of fair trading
                          timescales
                          your opininons
                          Please take this letter as our final response to your complaint. If anything is unclear of 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.

                          28/6/2017 Barclaycard

                          We'll soon be transferring your account over to Hoist Portfolio Limited , who have chosen Robinson Way Limited to act on their behalf .

                          Robinson way will be in touch once the transfer is complete .
                          17/08/2017 Hoist Portfolio Limited
                          Notice of Assignment
                          We are writing to notify you that Barclays Bank PLC trading as Barclaycard has assigned all of its respective rights, title and interest in respect of the above referenced account (including the outstanding balance )to Hoist Portfolio effective 19 July 2017.

                          The total balance sold was £940.66 as at 6 June 2017. Any payments made towards your account after this date will have been forwarded to HPH Lrd and your current balance is £940.66.

                          Under the terms of this assignment , and as defined in the data protection act 1998, HPH is now the data controller of your personal data contained in the records of this account and will use your personal details solely for this the purpose of managing your account and collecting the outstanding balance.

                          Robinson way limited has been appointed by HPH to manage your account and it is essential that all future payment and correspondence regarding this account be directed to Robinson way limited .
                          17/08/2017 Robinson way
                          Please contact us as soon as possible to agree your payment plan
                          e Pleas note that if you don't get in touch we will advise you of further collection activity that may be taken against your account, which could typically include

                          referring your account ot our client's solicitors and and asking them to issue a county court claim which could result in a country court judgement being entered .
                          we would prefer to help you and these are last resort actions so please contact us as soon as possible to agree your plan today .






                          update - shall I ignore until Robinson Way contact me again or do i need to send off a letter yet ?
                          Thanks
                          _______________________________________



                          Comment


                          • Nice that they threaten you with their "last resort options" straight off.

                            I would wait to see what they resort to first of all.

                            Comment


                            • Originally posted by Spent2much View Post
                              Re: spent2much UE diary

                              Type of account (credit card)mine

                              Date commenced (2003)

                              Approx balance (£1,756)

                              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)
                              9/7/12 cca request sent to halifax cc

                              4/8/12 halifax, cannot find original cca. terms and conditions sent to niddy



                              13/8/12 sent missing PT's to halifax
                              20/9/12 account assigned to Cabot 3/8/12

                              9/11/12 payment reminder from Cabot
                              9/11/12
                              from cabot
                              your account is overdue .

                              You agreed to make monthly repayments to cabot via a debt counsellor, but according to our records these payments have stopped .





                              We are aware that you are currently dealing with a debt counsellor, and we appreciate your cooperation in this matter.

                              We have conducted a review of your account and note that your debt counsellor has not yet made a repayment proposal, nor have you made any recent payments towards your account.

                              We understand that you are experiencing financial difficulties and that your debt counsellor will be making a repayment proposal shortly. However, we would like to offer you an alternative to hlep you be free of this debt within a few months.

                              OUR SOLuTION

                              We have already contacted your debt counsellor to advise them of our proposal to accept the lower amount of £1012.35 as full and final settlement of your account , and they may have already contacted you in this regard. If not, and you wish to take advantage of this settlement offer , please contact us within the next fourteen days.

                              The £1012.35 ideally needs to be paid over the next few weeks but if you do feel that you need more time then we can work with you to arrange this.

                              We hope you see our proposal as a solution to settle this account. However , should this not be feesible at this stage, we will be happy to continue to work with your debt counsellor to setup a repayment plan

                              6/02/2014 Cabot
                              6/02/2014 Cabot

                              YOU MUST CONTACT US

                              According to our records you currently owe £****** even though we have made repeated attempts (YES THEY HAVE TO MY MOBILE AND LANDLINE DAILY ) to obtain your commitment to repay this debt.

                              FIRST STEPS
                              It is important that you contact us. The balance is due and we have many ways in which we can help you clear this account.

                              It is important to take the first steps to repay this. No matter how small that is , it is still important to repay the money that is owed.

                              WHAT NEXT

                              One of our customer consultants can help you call 000000000
                              20/03/2014-
                              Cabot - we are sending your account to another debt collection company.

                              We have tried to work with you for some time now to help you repay your account .
                              Despite repeated attempts to contact you and asking you to talk to us about your account , we have still not heard from you.

                              We now have to start the next step recovery action. We are passing your account to Financial Investigations and Recoveries(Europe) Limited. They will receive our instructions within the next seven days.

                              We understand how difficult it can be to have a debt and we also understand how we can help you . We can only do that if you contact us.

                              If we do not hear from you then
                              Financial Investigations and Recoveries(Europe) Limited will be in touch shortly to agree a repayment plan .





                              22/04/2014 Cabot

                              Notice of arrears

                              This notice is in compliance with the Financial Conduct Authority Consumer Credit Sourebook and is being sent to you because our records who that you are behind with your repayments under your agreement.

                              Missed and partly made payments

                              This notice does not give dteails of missed or partly made paymets previously notified whether or not they remain unpaid.

                              DEFAULT SUMS AND INTEREST

                              You will not incur any deault sums or extra interest in relation to the missed or partly mae payments indidcated above. This notice does not take account of any payments received after the date of the notice.

                              Financial Conduct Authority Information Sheet.

                              This notice should include a copy of the current information sheet on arrears prepared by the Financial Conduct Authority. This contains important information about your rights and whete to go for support and advice, for example , to thnk carefully before boroowing money to repay your debts, as well as our right to charge you interest.

                              Important Information

                              This is not a final demand for payment BUT A FORMAL SATUTORY NOTICE TO NOTIFY YOU THAT YOUR ACCOINT IS IN ARREARS . Where we have accepted a lesser amount than your normal contractual repayments, it is important that you continue to make these repayments. Our acceptance of a lesser repayment amount should not be construed as a variation of novation of the terms of your agreement. We have the merely relaxed the ters to suit your needs but at all times reserve the right to strictly enforce the terms if you do not keep up with your repayments


                              03/05/2014 marlin financial services.

                              threat of court action to obtain a CCJ if payment arrangement plan is not made within 7 days of the date of this letter 29/04/2014


                              03/03/2015 Marlin/Cabot group are now a part of Marlin financial services
                              Letter explaining that cabot (CCM)
                              We note that you are yet to agree a repayment plan with us for you account and we really need to hear from you so that we can talk about options .

                              15/07/2015 From Cabot . We refer to your request for a copy of your agreement and statement of account.
                              Please find enclosed a copy of both documents from the original creditor.

                              Please contact us by return with your payment proposals to clear the amount outstanding .



                              1/8/2015 sent missing p&t to cabot



                              SORRY THIS IS BLUE IT JUST WON'T CHANGE TO RED TO POST A REPLY FROM CABOT

                              6/8/2015 From Cabot

                              We write with reference to the above matter and your recent leter received in our office regarding the Agreement we previously sent to you .

                              Here is an overview of the requirements of section 127(3) of the CCA 1974. For a credit agreement to be enforceable it must contain the following prescribed terms.

                              1) amount of credit
                              There must be a term on the agreement which states the amount of credit which has been issued

                              2)Credit Limit
                              The agreement must include regarding a credit limit or if a credit limit is not required (i.e. in the case of a loan)
                              3) repayments
                              The agreement must contain information on how the debtor is to make repayments. This could be in the form of any of the following .
                              a. amount of repayments to be made
                              b.date the repayments are to be made
                              c.timing of payments
                              d.frequency of payments
                              e.total number of repayments (for instance, when a loan is required)
                              f.the manner in which any of the above is to be determined.

                              4) rate of interest
                              There must be a term referring to the rate of interest to be applied to the credit agreement.

                              credit cards
                              If you have a credit card then sections 2,3,and 4 apply to you .

                              We have highlighted the relevant sections in the terms and conditions of your agreement which confirms that the enclosed agreement is a true copy with the cca 1974 . The agreement also does provide your name and address .
                              Please contact us with your repayment proposals to clear the above outstanding balance.
                              If you wish to discuss the matter with one of our customer consultants , please call the telephone number ...............


                              15/08/2015 Cabot

                              Save £1,214.82 on your balance

                              Offer to pay £808.88 as a full and final payment .


                              23/01/2016 Cabot

                              We would like to help you take some positive steps towards repaying your balance.
                              If you are able to clear your account within the next few months , we can assess how much you can pay or we can even consider an affordable monthly repayment plan .

                              Your account may be showing on your credit file and this may affect your ability to obtain credit now and in the future . When you commence payments on your account, every payment you make will reduce the balance shown on your credit file. If you feel you can't make payments then it is important that you call us and explain this to us .

                              04/02/2016 Cabot - we have not heard from you

                              despite repeated attempts to contact you, we have been unable to gain your commitment to repay you debt .

                              the balance is due and we have advise you of several options that we are available,all of which are in an attempt to help you be free of this debt .

                              you can manage your account by repaying an amount on a monthly basis or make a proposal to clear your account at a reduced balance over several months.

                              you should be aware that this account may be on your credit file as an outstanding debt . whilst no payments are being made your balance remains the same . this may not just affect you now but in the future if you ant to obtain further credit such as a mortgage or credit card.

                              if you start making payments towards your account your balance will reduce, if you clear the account then your credit file will be updated to show that no balance is outstanding .

                              AS I WOULDN'T HAVE KNOW THAT LOL

                              19/02/2016 Cabot
                              Your outstanding balance -potential legal action

                              We were hoping to talk to you about your account since our last letter was sent, this is important as our letters have included options to help you repay your account.

                              A you have been unable to agree a reasonable repayment plan for your above debt your account has now been selected for possible legal action to recover the balance.

                              What legal action could mean?
                              OUr typical approach would be to instruct a solicitor to issue a claim for the amount due and to them an application for CCJ to issued against you.

                              This could result in additional cost to you ad affect your credit rating for a number of years

                              bla bla bla threat of earnings order , charging order

                              Next steps This s a serious matter and should legal action be determined t be a appropriate , you may incur legal costs on your account.

                              We would prefer to avoid legal action and rather arrange a repayment plan directly with you or talk through other options , however if you don't contact us int he 10 days we will proceed as highlighted above , so it is important that you contact us by Telephone email or our website.

                              9/3/2016 cabot

                              we write with reference to your letter requesting a 'true copy' of your credit agreement, to which you claim the one previously provided to be insufficient.

                              we have reviewed the application form,, which was complete prior to the Halifax pre approving your credit card and can confirm it is a a true copy duly signed furthermore, the terms and conditions are specific to the credit card application (copies
                              enclosed ).

                              we have also enclosed a statement of account which commences from 2009 which confirmed you had the benefit of the funds in total of £2,202 outstanding at that time relating to your halifax credit card . the statement confirms you were making minimal payments between Feb 2009 and July 2012 when payments ceased .

                              we therefore conclude we have fully complied with your request and the documents provided are true copies as stated and the balance of 2.202 remains due .

                              we look forward to hearing from you with you payment proposals .


                              1/4/2016 Cabot

                              Thank you for paying in the past, we appreciate that you tried to repay your account . You still 2024 on your account that needs to be paid We would like to help you set up a repayment plan that will see you being free from this balance.

                              Don't let debt hang over you. We can talk you through our different options and find a solution that suit you.





                              15/4/2016 cabot

                              you need to make a new plan

                              you need to call us to a make a new plan for your account, if you let us know your budget, we can help you work out a repayment plan that suits your current situation.

                              There may be a very good reason why you couldn't continue your previous plan, we;d like to understand what changed so that we can guide you towards help.

                              If you are having problems financially there are organisations on the back of this letter that can help you.

                              call us

                              we will never ask you t pay more than you can afford. we understand bull. food and other essentials must come first. we will word around your budget and sure your next plan suits your situation .

                              2/6/2016 Cabot ,Tell us your budget , save £50 on your account when you update us with your current situation ad start repaying .

                              All you need to do is call us and fill in the budget form, we will make sure you can afford important thing like bills, food and your rent or mortgage then work out what spare money you have.

                              enclosed is a budget form .


                              3.03.2017cabot

                              we have tried to contact you to arrange payment of this account .

                              I&E to help me pay .
                              How can we help

                              Showing me plans that customers have such as this . Balance £1000 Expenses£800 Income £850 Remaining available £50.00

                              solution 1
                              Pay £41.67 per month = clear this account within 2 years

                              Solution 2

                              Pay £16.67 per month = clear this account within 5 years.

                              These solutions are for illustrative purposes only. Any solution we can offer you will be based on what you tell us about your financial situation and any goals you may have to repay your account.

                              15/6/2017 Cabot

                              Please contact us asap as your account could be sent to an external debt collection company.
                              21/8/2017 Cabot
                              Your balance is waiting to be paid
                              Thank you for paying in the past, we appreciate that tried to repay your account . You still have £2024.70 on your account that needs to be paid. We would like to help you set up a repayment plan that will see you being free of this balance.
                              Where to go from here
                              Dont let debt hang over you. We can talk you through our different options and find a solution that suits you . We can.
                              set up a monthly repayment plan.
                              Accept a smaller lump sum payment and consider writing off the remaining balance .
                              call us to discuss your options .


                              update .
                              _______________________________________



                              Comment


                              • Nice of them to be so friendly and helpful! SB is getting nearer.
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