spent2much UE diary

[The Tech Clerk]

Re: spent2much UE diary

I know this is off track but every time that it doesn't show as being delivered using the tracking system you can fill in a claim form and get a free book of first class stamps.

So they say, but where is my book of stamps from the forms I filled in some even last year let alone the year before.? I know lost in the internal mail>! Luckily on one a mention by a Bank of the letter not signed for was mentioned a year later>

also recently littlewoods all letter in the system yet a letter refers to the 1st one by Littlewoods.

[Spent2much]

Re: spent2much UE diary

NDR keep phoning me they phoned last night at 8.55 and this morning at 08.01.
I have disconnected the phone , i'm home today as it is thick snow here and i won't be needed at work but besides that i could really do with the phone on as both my parents are in bad health my dad with Parkinson's mum can hardly walk so idealy i need the phone on incase they need me, i have my mobile with me but much prefer the landline .

[Undercover Elsa]

Re: spent2much UE diary

Have you sent the the telephone harassment template for this one yet S2M?
>> Our Templates | Harassment & Intimidation Templates | Harassment by Telephone

Meanwhile...Have you got caller display S2M? Which phone Co are you with? They may do a "Choose to refuse" feature.

If all else fails, either pick up the phone and say nothing until the caller does, so you know who it is. If it's them just hang up.
Or just say hello? and tell them wrong number>hang up if it's them
If they catch you out just refuse to go through security questions and say "in writing only" before hanging up.

[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.

16/01/13
RE Lloydstsb card

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

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

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

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

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

also enclosed is a complaints procedure for FOS .

update

[Spent2much]

Re: spent2much UE diary

Type of account (store card ) Argos
mine
Date commenced (2004)

Approx balance (£880)

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
13/7/12
letter recieved today, all collection activity on this account has been put on hold and they will not seek to enforce payment of this debt until such time as the documentation has been supplied or i am advised otherwise .

I decided to scan the letter from Moorcroft to see if you all think this is the normal reply from them .

received 8/11/2012

8 pages of a reconstituted

It's just about Argos card and tells me about statements and financial and related details

example : 8 we will set the credit limit for your account and tell you what it is when we send you your Argos card.

_______________________

shall i copy the first page and send it to Niddy to make sure ?




08/12/12
Had another cca sent which is still just terms and conditions i have sent it to Niddy see what he says.

It's still unenforceable , shall i wait and see what they do next as they have already had a missing pt's letter ?



28/12/12 Moorcroft Home Collections Division.


Our records show that despite our previous letters to you, payment has still not been made on the agreement in place on our system with the result that your account is now in arrears for the sum of £1.00

Our records also show that you are dealing with us via a third party (this would be payplan) If you are no longer dealing with them please contact our call centre.

As a result of the arrears on your account it has now been passed to our Home Collections division for possible action. If contact is not made with our offices as above, this may involve our local representative calling at your home address to discuss the account with you and to seek to establish how you propose to settle the balance outstanding.

We would emphasise that if no satisfactory agreement is made with us or our local representative you may leave us with no alternative but to recommend to our client that they take debt rcovery action agaisnt you .

16/01/13 from Argos

Thank you for your letter dated 14 November 2012

Unfortunatley , we are unable to locate the signed copy of your agreement.
We make no admissions regarding whether or not the agreement was actually signed by you and reserve the right to undertake a more thorough search should it become necessary for us to enforce the agreement in the Courts.

We do of course note that s61 (1) (a) consumer credit Act 1974 provides that an agreement is not properly executed , unless a document containing the prescribed terms is signed in the the prescribed manner by the debtor.

We accept that unless we are able to locate the signed agreement or otherwise prove that it was sigend by you, it is unenforceable against you.

However, the agreement remains valid and we do expect you to continue with your payment.

then they refer to the case of McGuffick and the royal bank of scotland 2009

they say that if i choose to breach the terms of the agreement by failing to make the payments, they may have no option but to continue with their debt collection activities, and register a default .

update

[ScabHunter]

Re: spent2much UE diary

update

Nice one! That is a totally positive result!!!

16/01/13 from Argos

Thank you for your letter dated 14 November 2012

Unfortunately , we are unable to locate the signed copy of your agreement.

Yes, it is rather a shame, isn't it? Tee hee.

We make no admissions regarding whether or not the agreement was actually signed by you and reserve the right to undertake a more thorough search should it become necessary for us to enforce the agreement in the Courts.

Offer to loan them a magnifying glass.

We do of course note that s61 (1) (a) consumer credit Act 1974 provides that an agreement is not properly executed , unless a document containing the prescribed terms is signed in the the prescribed manner by the debtor.

We accept that unless we are able to locate the signed agreement or otherwise prove that it was signed by you, it is unenforceable against you.

Too right pal.

However, the agreement remains valid and we do expect you to continue with your payment.

And I expect a billion pounds to fall off a cloud and appear at my feet before lunchtime.

then they refer to the case of McGuffick and the royal bank of scotland 2009

Oh, bor-bloody-ring. I refer to the case of Arkell v. Pressdram 1971

they say that if i choose to breach the terms of the agreement by failing to make the payments, they may have no option but to continue with their debt collection activities, and register a default .

Well, get on with it then. If the bloody thing is going to pollute the credit file for six years, the sooner it is on there the better.

SH

[ScabHunter]

Re: spent2much UE diary

Re post #789 -

This is just typical verbose Crapbot drivel. Anyone who has had to deal with the masters of deceit has snored through this type of printed diarrhoea more times than they have to use the karzy.

One of their favourite tricks is to label every communication which is ever sent to them as a 'complaint', even though it isn't. This gives them the opportunity to call one of their silly letters a 'final response', and refer you to the Fobbing Off Service in the full knowledge that they have no interest whatsoever in issues of unenforceability. This tactic should be ignored completely. The prescribed timescales for complaints have no relevance when no complaints have been made.

What they usually do is what they have done here, which is quote the parts of the law which are in their favour, and leave out those which are not. They have, however, at least admitted that the law “renders the credit agreement unenforceable until such time as the agreement can be produced.”

That means that you can safely ignore this and wait for the agreement to be produced. Their “recommendation” in the last paragraph is of course facetious and should be ignored. I “recommend” that they plant a bomb in West Malling and blow their sordid hell hole to kingdom come, but I doubt that they will do it.

SH

[greymatter]

Re: spent2much UE diary

Good result

[Spent2much]

Re: spent2much UE diary

indeed and it made my day so i am going out to buy some boots and anything else that takes my fancy

[fluffystuff]

Re: spent2much UE diary

indeed and it made my day so i am going out to buy some boots and anything else that takes my fancy

Good for you!

[cardiac arrest]

Re: spent2much UE diary

good stuff !

[stuffthebanks]

Re: spent2much UE diary

Enjoy the shopping trip STM....
Well done you...

[Spent2much]

Re: spent2much UE diary

Enjoy the shopping trip STM....
Well done you...

thanks have had a great time, got my new boots and also some new towels for the bathroom and got my grandson a new coat for his birthday, its great having some money to spend again

[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 .

31/12/12 sent sold while in dispute letter,
not showing as received on royal mail website.

17/01/13 from Drysdenfairfax

You have failed to repay the sum of £935.06 owed to our client.

To avoid futher action, payment of £935.05 must be made to this office within the next seven days. Payment methods are on the reverse of this letter.

If you are unable to pay the amount in full, you must telephone us immediately on 0113 823 3892 to make a suitable arrangement.

Should you fail to make payment or to contact this office as directed, legal action may be taken against you without futher notice. This action would incure additional costs for which you may be liable.

Legal proceedings would involve a County Court Judgement (ccj) being sought against you.Once obtained, if payment was not made, application would be made to the court to enforce the Judgement, using one of more of the following actions.

1. Warrant of Execution: A bailiff would visit your home in order to remove goods to the value of the debt.
2. Attachement of earnings Order: Your employer would be ordered by the court to deduct monies outstanding direct from your salary.
3. Charging order: If you are a home owner, a Charge which would secure the debt against your property would be obtained.
4.Order to Obtain Information: You would be questioned under oath before an officer of the court in connection with your financial circumstances.
Do not ignore this notice, further recovery action will commence if you do not act now.


I hate these bastards with a vengence what shall i do now because this lot got a charge on our home in 2008 by deliberatley refusing payments and then went for a forthwith and a charge on the house.
This has taken the wind out of my sails after the last two victories yesterday with lloydstsb and argos

urgent please update
need to know what to send to defend this please

[cymruambyth]

Re: spent2much UE diary

The worst that can happen is another charge, other than further destroying your credit history, they rarely go for house sale as long as payments are maintained. However, your CO was gained before AAD and you will be fighting in a different way now.

I would resend your last letter and ask for a response. You will have a paper trail showing that you have not been ignoring. Have you looked at the overdraft thread? Did you have an agreed OD? Was this exceeded?