spent2much UE diary

[Spent2much]

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?

Before a charge is applied i would stop all payments on my mortgage and then they will whistle for their money, they won't get a penny from us and i don't care about the house its bricks and mortar and i hate these tossers so whatever they have up their sleeve they will not have a single penny

It was an agreed overdraft and was for £1000 .

[Spent2much]

Re: spent2much UE diary

Morning , regarding allaboutFORUMS - View Single Post - spent2much UE diary

I need to send something to this lot , it was suggested to re-send the sold while in dispute letter and have it recorded delivery as the last one never showed up as signed for on the royal mail webiste and as you will see by the letter i received yesterday drysdenfairfax are already agressive and looking to take court action so i need to know what to send and this time whatever it is i will send it recorded deliver.
Please i'm stressed about this and already have one charge on the house and don't want another one

[Spent2much]

Re: spent2much UE diary

Type of account (kays)
mine
Date commenced (2003)

Approx balance (£1,905)

Date last paid (22 June 2012)

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

Status (default/cca being sent )

Account owner (kays) now Littlewoods)
9/7/12 cca request
18/07/2012
recieved a cca back today , do i send the letter and the cca to niddy to look at ?



13/08/2012 sent missing PT's

24/9/2012 received a letter new condtion to the agreement.
26/10/2012 statement payment not received
24/11/2012 statement payment not received

22/12/12 NDR
monthly statement with £12 late fee added.
Notice of Default Sums under the Consumer credit Act 1974

Please note that a default charge will now be added to your account, as you have breached the terms of the agreement.

If you have not already done so, please rectify the position straight away to avoid any further charges and default comminications. If you are having difficulty making payments or keeping to the terms of the agreement we would like to hear from you , so please call us now on 0844......

31/12/12 sent missing pt's reminder

4/01/13
received from ndr

NOTIFICATION OF INSTRUCTION TO PROCEED
We have been instructed by our client:
shop direct to act on their behalf in securing repayment for the sum of £1965.20 in respect of purchases made from K&Co.

Accordingly, we give notice that unless this account is paid-or a satisfactory repayment arrangement is made within 7 days, our client will be taking the following action:

Register a Default at the credit reference bureau which will remain on your credit file for 6 years and may affect your ability to gain further credit in the future.

If you can pay your arrears in full within the next 7 days then we will review all default charges and additional interest applied to your account.

If you wish to make an offer of repayment you should do so within seven days by contacting us on 0844 822 40952
__________________________________________________
NDR have been phoning me until 9 at night and from 8 in the morning .

17/01/13 from NDR

PRE-ESCALATION NOTICE

Dear ***

I have attempted to contact you on numerous occasions regarding the overdue payment on your account. As a result we have applied a £12 administration fee on your account.

As this payment is now seriously overdue, it is essential that you make a payment to prevent any further action being taken on your account .

Yours sincerely,

Debt recovery Manager

update

[ScabHunter]

Re: spent2much UE diary

NDR – I'd be ignoring this latest drivel, but I would be submitting a formal complaint about harassment by telephone. I know this is not the greatest of your worries, so leave it alone for now.

DF – I'll look back through the thread to make sure you get EXACTLY the right response. As you say, this is a potentially dangerous situation and needs to be handled carefully.

SH

[ScabHunter]

Re: spent2much UE diary

The first point to note, though, is that this letter you have just been sent is only a template and not a formal letter of claim sent to you personally.

It say “legal action may be taken”, and it also says “if you are a home owner”. If they've got a charge on your house, you'd think they would know whether or not you are a home owner.

This is a typical DCA “scary threat” letter, designed to mention as many nasty things as possible just to frighten people. It will be mass mailed to many recipients.

It does still need a response, though, so I'll keep reading through and taking notes.

SH

[ScabHunter]

Re: spent2much UE diary

S2M – I see from your post #799 that you sent a CCA request to HBOS on 9th July 2012. What did you receive in response to that, and when did you receive it?

This is crucially important in working out which response to send.

SH

[SaltnVinegar]

Re: spent2much UE diary

NDR are SDG inhouse DCA and you will many letters from them escalating through various letters of threat.

The only reason is that they will charge you £12 a pop for spurious reasons like 'we could not contact you'. Keep those letters as you may use them later as evidence of unreasonable charges.

You will eventually then get a series of 'special offers' where you can pay back the balance at with certain % reductions.

Ignore these and the account will eventually get handed off to Capquest or Lowells.

They are however a complete telephone pest. When I was dealing with NDR I was informed by one rude woman (after telling her I would not discuss anything by telephone), that they would continue to call me every day, and would not stop, until they had recovered the debt.

I'd look at some way of blocking their calls if you can and if you haven't send the telephone harassment letter.

Best
SnV

[Spent2much]

Re: spent2much UE diary

S2M – I see from your post #799 that you sent a CCA request to HBOS on 9th July 2012. What did you receive in response to that, and when did you receive it?

This is crucially important in working out which response to send.

SH

Hi, received a letter saying passed to BLS colections 28/9/12
14/11/12payment reminder
28/11/12 sent CCA reminder
123/12/12 BLS saying enclosed statemnt as requested.
14/12/12 BLS essential to contact them
24/12/12 Halifax passed the account ot drysdenfairdfax letter
31/12/12 sent drysdenfairfax a letter saying account sold while in dispute.
17/01/13 from drysdenfairfax threats threats threats .

[ScabHunter]

Re: spent2much UE diary

Sorry for the delay – just been out to get some emergency stored food before I get snowed in for good.

So, you've never received any response to the CCA request? In that case, it remains firmly in default, and while the default endures they CANNOT ENFORCE.

I'll write a response for you as soon as I get this vile white rubbish off my clothing and get some feeling back into my skin. Ovaltine, anyone?

SH

[greymatter]

Re: spent2much UE diary

Thanks,no sugar and in a mug....ta

[Spent2much]

Re: spent2much UE diary

Sorry for the delay – just been out to get some emergency stored food before I get snowed in for good.

So, you've never received any response to the CCA request? In that case, it remains firmly in default, and while the default endures they CANNOT ENFORCE.

I'll write a response for you as soon as I get this vile white rubbish off my clothing and get some feeling back into my skin. Ovaltine, anyone?

SH

thank you and i hate snow too , its not bad where we are on the coast but still can't walk on the paths its icy.
Tea without sugar for me please

[ScabHunter]

Re: spent2much UE diary

S2M – can you just tell me exactly which letter you sent on 9th July 2012? This is an overdraft, so it should have been the one from here -

allaboutFORUMS - View Single Post - Overdrafts - CCA Information

If you sent an s. 77 or s. 78 request, that may be why they have ignored you, although they should still be informing you of the error and not just sending silly threat templates.

SH

[Spent2much]

Re: spent2much UE diary

S2M – can you just tell me exactly which letter you sent on 9th July 2012? This is an overdraft, so it should have been the one from here -

allaboutFORUMS - View Single Post - Overdrafts - CCA Information

If you sent an s. 77 or s. 78 request, that may be why they have ignored you, although they should still be informing you of the error and not just sending silly threat templates.

SH

I'm sure i sent the overdraft cca request letter , we have four overdrafts with the halifax, one is a joint account and the one which you are kindly sorting a response out for me and the other 3 are seperate overdrafts between us .

[stuffthebanks]

Re: spent2much UE diary

Hi STM...
I had the same problem with continuous phone calls from the shop direct group of t******..
I sent the template letters regarding telephone harassment, they ignored them all.
Ended up going through the long complaint process with the FOS against Shop direct group...they were found guilty in the end, and the calls did stop...
But it was a long process...
I had lots of threatening letters from NDR, i ignored most of them....
Have a look at my diary with the thread on Very....all part of Shop Direct...
I beat the t****** in the end....

[ScabHunter]

Re: spent2much UE diary

Here is what I would send to them -

“Dear Sirs,

I am in receipt of your letters dated (the date on the one received 31st December) and (the date on the one received 17th January), the contents of which are noted.

Please note that on 9th July 2012, I sent a statutory request for information to HBOS. This request was made under the provisions of The Consumer Credit (EU Directive) Regulations 2010 and also c.39 (s.74 (A&B) (VA)) CCA(1974), because the account is an overdraft.

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

Even though six months have now elapsed since the sending of this request, I have received no response. Without this information, I am unable to assess whether any liability exists to the alleged creditor, nor to quantify any liability should it exist. It is a statutory requirement for the bank to provide this information, for this very reason. The bank have failed to meet this requirement, and consequently the request has reached a state of default. As a firm of solicitors, you will be aware that while the default endures, enforcement is prohibited.

Note also that when you first became involved with this case in December 2012, I sent you a letter (dated 31st December 2012) informing you of the situation with HBOS and the continuing default. You have chosen to ignore this letter, and instead persist in sending out mass-mailed templates, whether or not the content of those templates has any relevance to the present situation.

The latest template dated (the date on the one received 17th January) contains threats of Warrant of Execution, Attachment of Earnings Order, Charging Order and Order to Obtain Information, all of which you are perfectly aware are entirely impossible while a state of default prohibits enforcement. Note the Office of Fair Trading Debt Collection Guidance, section 3.2, which states “It is unfair to communicate with debtors, or their representatives, in whatever form, in an unclear, inaccurate or misleading manner.”, and also section 3.5 b), which states as an unfair or improper practice, “falsely implying or stating that action can, or will, be taken when legally it cannot be taken”.

I request that you read and respond to the communications which have been sent to you, and deal with the default which persists due to the failure of HBOS to provide the information required by statute. Failing this, it will be necessary to forward a formal complaint concerning your conduct to the Solicitors Regulation Authority.

Yours Faithfully,”

It might be worth sending this by Special Delivery, just for your own peace of mind. SD letters are signed for individually, and not in bulk as RD letters sometimes are.

(Thanks to Niddy, as I did copy and paste a couple of sections of this from the original overdraft letter. The rest was self-composed)

SH