spent2much UE diary

[Undercover Elsa]

Re: spent2much UE diary

Hi S2M,
So in response to your CCA request they just sent a statement of account...no terms/conditions etc?

Did you send the special OD version?

Elsa x

[Spent2much]

Re: spent2much UE diary

Hi S2M,
So in response to your CCA request they just sent a statement of account...no terms/conditions etc?

Did you send the special OD version?

Elsa x

Hi , yes i did and they have never responded to them, we have anothr 3 od accounts from Halifax which have been assigned to Fairfax solicitors which worry me as Fairfax are the ones that got a charge on our house four years ago for hubbys credit card and i am not looking forward to dealing with them they scare me

[Spent2much]

Re: spent2much UE diary

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.

update

[cymruambyth]

Re: spent2much UE diary

As Niddy has said it is unenforceable I would send this Our Templates | Unenforceability Templates | Account Sold whilst in Dispute .

It will be the start of another long relationship with my favourite DCA who has access different laws from the rest of society.

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

received today 26/10/2012

Repayment Plan Arrears £***

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

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

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

14/11/12 payment reminder,pay today

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
from BLS it is essential that you contact us TODAY


14/12/12
from BLS it is essential that you contact us TODAY

24/12/12 from Halifax



As we haven't been able to agree a suitable repayment plan we've transferred your HALIFAX debt to . drydensfairfax solicitors, We've instructed to arrange collection of the outstanding amount.

31/12/12 drysdensfairfax solicitors

Our client Halifax a division of bank of scotland plc

We are solicitors instructed by our client , Halifax to obtain immediate repayment of amount due of £248.46 or to take appropriate recovery action should you fail to pay.

You must make an immediate payment of £248.46 or telephone us today on 0133 823 3892 to agree a satisfactory solution to this matter. Payment methods are provided on reverse of this letter.

Please not that if payment is not received by 5th Jan 2013, we have authority to commence legal proceddings through the court. If this action becomes necessary, there will be costs incurred for which you may become liable.

Please do not underestimate the seriousness of this matter. It is most important that you make payment or contact us as a matter of urgency .

update

[Spent2much]

Re: spent2much UE diary

Type of account (overdraft)joint

Date commenced (2003)

Approx balance (£935)

Date last paid (22 June 2012)

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

Status (default/cca being sent )

Account owner (HBOS)
9/7/12 cca request
28/9/12 account passed to BLS 3/8/12
received today 26/10/2012


Repayment Plan Arrears £***

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

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

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

14/11/12 pay today reminder

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
from BLS it is essential that you contact us TODAY


24/12/12 from Halifax



As we haven't been able to agree a suitable repayment plan we've transferred your HALIFAX debt to . drydensfairfax solicitors, We've instructed to arrange collection of the outstanding amount.


31/12/12 drysdensfairfax solicitors ( both of us received a letter from these as it is a joint account )

Our client Halifax a division of bank of scotland plc

We are solicitors instructed by our client , Halifax to obtain immediate repayment of amount due of £935.06 or to take appropriate recovery action should you fail to pay.

You must make an immediate payment of £935.06 or telephone us today on 0133 823 3892 to agree a satisfactory solution to this matter. Payment methods are provided on reverse of this letter.

Please not that if payment is not received by 5th Jan 2013, we have authority to commence legal proceddings through the court. If this action becomes necessary, there will be costs incurred for which you may become liable.

Please do not underestimate the seriousness of this matter. It is most important that you make payment or contact us as a matter of urgency .

update

[Spent2much]

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
28/9/12 account passed to BLS 3/8/12
received today 26/10/2012


Repayment Plan Arrears £***

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

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

If you are exprincing financial difficulties we would suggest you contact a Debt Management Company company such as CAB or cccs . They are fee organisations who will assist you by offering independant advice on your situation.
14/11/12 payment reminder

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
from BLS it is essential that you contact us TODAY


24/12/12 from Halifax

As we haven't been able to agree a suitable repayment plan we've transferred your HALIFAX debt to . drydensfairfax solicitors, We've instructed to arrange collection of the outstanding amount.



31/12/12 drysdensfairfax solicitors

Our client Halifax a division of bank of scotland plc

We are solicitors instructed by our client , Halifax to obtain immediate repayment of amount due of £525.20 or to take appropriate recovery action should you fail to pay.

You must make an immediate payment of £525.20 or telephone us today on 0133 823 3892 to agree a satisfactory solution to this matter. Payment methods are provided on reverse of this letter.

Please not that if payment is not received by 5th Jan 2013, we have authority to commence legal proceddings through the court. If this action becomes necessary, there will be costs incurred for which you may become liable.

Please do not underestimate the seriousness of this matter. It is most important that you make payment or contact us as a matter of urgency .

update

[Undercover Elsa]

Re: spent2much UE diary

Hi, S2M,
So they've sent you identical letters for your joint and hubby's overdraft accounts.

Have they terminated these accounts and stopped interest/account fees?

Did you send them anything in response to them just supplying a statement of account (no T&C's) in response to OD CCA?

[helmsman]

Re: spent2much UE diary

update

Have had the same from Faifax 3 times regarding about the same amount of debt from halifax I am just ignoring them they keep threatning but dont seem to do anything, got an outstanding loan as well just ignoring.

[Spent2much]

Re: spent2much UE diary

Hi, S2M,
So they've sent you identical letters for your joint and hubby's overdraft accounts.

Have they terminated these accounts and stopped interest/account fees?

Did you send them anything in response to them just supplying a statement of account (no T&C's) in response to OD CCA?

this is the first we have had from drysdensfairfax, all interest and charges are stopped .
haven't had any response from halifax regarding the od cca request it has just been ignored , we have had payment reminders only.

i need to send something to drysdenfaitfax as it is the same solicitors who bullied us and sdecured a charge on our house .
They have given us until the 5th Jan to respond and i want to get something sent today these solicitors scare me

[Spent2much]

Re: spent2much UE diary

Have had the same from Faifax 3 times regarding about the same amount of debt from halifax I am just ignoring them they keep threatning but dont seem to do anything, got an outstanding loan as well just ignoring.

be careful with these morons they can be agressive and sneaky .

[Undercover Elsa]

Re: spent2much UE diary

Hi S2M,
OK, you need to pull them up on their poor response to the CCA request.

I've amended Niddy's template allaboutFORUMS - View Single Post - Overdrafts - CCA Information ) to fit your circumstances and would send them something on these lines if it was me (indeed I already have )


Dear Sirs,

Ref: xxxxxxx

I acknowledge receipt of your letter of xxxx. I am concerned to note that you threaten legal action despite the fact that your client is in default of a formal request for the agreement and terms and conditions pertaining to this account. So far all I have received is a statement of account.

To preempt any claims that Overdrafts due not fall within the provisions of the Consumer Credit Act 1974 I would like to point out that regardless of the provisions of sections 78 your attention is drawn to The Consumer Credit (EU Directive) Regulations (2010) and also c.39 (s.74 (A&B) (VA)) CCA(1974).

In the case of an agreed overdraft, then the lending becomes regulated in line with Part VA (s.74) (s.1(b)) meaning the normal rules and CCA(1974) protection applies. The lender also needs to send an annual reminder to me regards 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). As nothing of the sort has ever been recorded as received by myself, this account is in fact unenforceable.

Please pay attention to the following amendments to the CCA1974;
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).
Please also pay attention to s.74(B)(2) which reads;
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).
I trust that I have set out my position, and the position of current legislation that is the Consumer Credit Act 1974.

I would therefore be most grateful if you would refer this letter to your client with a request that they fulfill their obligations to supply me with copies of the relevant documents, and to place the account on hold until they have done so.
I trust I have made myself and my position clear and look forward to receiving the requested documents within the next 14 days, or your confirmation that you do not hold any such documents.

Yours faithfully,


Sign Digitally

[Never-In-Doubt]

Re: spent2much UE diary

^^^^ thanks Elsa. Looking good

[Undercover Elsa]

Re: spent2much UE diary

It's shut Halifax up for me so far, that's for sure

[Spent2much]

Re: spent2much UE diary

Hi S2M,
OK, you need to pull them up on their poor response to the CCA request.

I've amended Niddy's template allaboutFORUMS - View Single Post - Overdrafts - CCA Information ) to fit your circumstances and would send them something on these lines if it was me (indeed I already have )


Dear Sirs,

Ref: xxxxxxx

I acknowledge receipt of your letter of xxxx. I am concerned to note that you threaten legal action despite the fact that your client is in default of a formal request for the agreement and terms and conditions pertaining to this account. So far all I have received is a statement of account.

To preempt any claims that Overdrafts due not fall within the provisions of the Consumer Credit Act 1974 I would like to point out that regardless of the provisions of sections 78 your attention is drawn to The Consumer Credit (EU Directive) Regulations (2010) and also c.39 (s.74 (A&B) (VA)) CCA(1974).

In the case of an agreed overdraft, then the lending becomes regulated in line with Part VA (s.74) (s.1(b)) meaning the normal rules and CCA(1974) protection applies. The lender also needs to send an annual reminder to me regards 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). As nothing of the sort has ever been recorded as received by myself, this account is in fact unenforceable.

Please pay attention to the following amendments to the CCA1974;
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).
Please also pay attention to s.74(B)(2) which reads;
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).
I trust that I have set out my position, and the position of current legislation that is the Consumer Credit Act 1974.

I would therefore be most grateful if you would refer this letter to your client with a request that they fulfill their obligations to supply me with copies of the relevant documents, and to place the account on hold until they have done so.
I trust I have made myself and my position clear and look forward to receiving the requested documents within the next 14 days, or your confirmation that you do not hold any such documents.

Yours faithfully,


Sign Digitally

thats fantastic thank you very much , shall i send 4 copies of this the same as they have sent four letters one each for me and hubby for the joint account and one for my single and two for hubby for his two accounts ? i will send them all in the same envelope for sure .