spent2much UE diary

[Spent2much]

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

thank you so much both me and my husband appreciate this and we will send it SD.
I feel better now not so stressed

[Spent2much]

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....

thank you i will read through it

[Spent2much]

Re: spent2much UE diary

I am thinking of putting the sold while in dispute letter in with the letter scabhunter has written for me to send the drysdenfairfax for the other two accounts which they have as on the post office website it hasen't shown up as being received and i am sending the letter by Recorded delivery this time so i know its got there , does sound a good idea ?

[ScabHunter]

Re: spent2much UE diary

I am thinking of putting the sold while in dispute letter in with the letter scabhunter has written for me to send the drysdenfairfax for the other two accounts which they have as on the post office website it hasen't shown up as being received and i am sending the letter by Recorded delivery this time so i know its got there , does sound a good idea ?

There is no reason why you shouldn't do that, but if you do, make sure that each letter is clearly labelled with the account and reference numbers at the top. You don't want any uncertainty to cloud the issue or to potentially cause difficulty in the future.

I would also write at the top of the A/C Sold In Dispute letters, "Previously sent on 31st December 2012".

SH

[Spent2much]

Re: spent2much UE diary

There is no reason why you shouldn't do that, but if you do, make sure that each letter is clearly labelled with the account and reference numbers at the top. You don't want any uncertainty to cloud the issue or to potentially cause difficulty in the future.

I would also write at the top of the A/C Sold In Dispute letters, "Previously sent on 31st December 2012".

SH

thank you i will do this

[Spent2much]

Re: spent2much UE diary

There is no reason why you shouldn't do that, but if you do, make sure that each letter is clearly labelled with the account and reference numbers at the top. You don't want any uncertainty to cloud the issue or to potentially cause difficulty in the future.

I would also write at the top of the A/C Sold In Dispute letters, "Previously sent on 31st December 2012".

SH

Just sent this special delivery £5.90 but this way i know (hope) they will receive it

i have been checking all day on the royal mail website and this is the message i have received

Your item with reference AD520315413GB is currently progressing through our network.
Your item is currently progressing through our network for delivery.

To check your item's progress please come back later.

£5.90 and still not delivered

[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

21/01/13 from NDR

default notice (reason late payment) also £12 admin charge for late payment.

update

[Spent2much]

Re: spent2much UE diary

Type of account (overdraft Lloydstsb) husband's

Date commenced (2003)

Approx balance (£520)

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 request from moorcroft for £1
16/7/12 sent them a £1 postal order
1/8/12 moorcroft sent postal order back saying it needs to be sent and written out to Lloydstsb
14/11/12 moorcroft asking for payment or may start legal proceedings.
Letter from Moorcrof today, say they need a £1 before they can process mt request .
this is an overdraft account i thought no £1 payment was needed

14/11/2012

Our records show that we have not received a payment from you since 02/08/12.

We must therefore ask you to make an immediate payment to us or contact this office within the next 48 hours.

Unless payment of this amount is received in the next 7 days we may remommend to our client that we take further debt recovery action against you without further notice.

Neither we nor our client wish to take this step and if you call us on the above number we would be happy to agree a repayment plan that you can afford and maintain.

Any payment may be attached to this letter and made payable to Moorcroft debt Recovery Ltd.

Yours sincerely.

30/11/2012
from Moorcroft

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 your are dealing with us via a third party, If this is still the case please contact them concerning this matter as soon as possible to clarify the position.If however, you are no longer dealing with this third party organisation please contact our call centre directly.

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 recovery action against you.

Please could you either you or your representative contact us no later than 06/12/12

21/1/13 from LloydsTsb

As we haven't been able to agree a suitable repyment plan, we'v transferred your accoun to a dca Robinson way.
We've instructed Robinson Way to arrange collection of the outstanding amount.

Please contact Robinson Way asap to arrange to pay back the outstanding balance. Ther full contact details are below

update

[ScabHunter]

Re: spent2much UE diary

update

Now this is where I would make a slightly different recommendation from the official AAD line, based on personal experience.

What you have received is a Notice of Assignment. The official line is that you should not respond to these, and should wait until the new assignee writes to you demanding money. The problem with that course of action comes if the alleged creditor doesn't write to you, but decides to do something else instead.

In my case, Robbingscum NoWay made a completely unannounced doorstep visit, without ever sending a single letter. This breaches OFT guidance, but since when did anybody care about that?

My recommendation would be to send the A/C Sold in Dispute letter immediately, along with the appropriate paragraphs from the Doorstep Harassment template. You want to revoke their rights to visit your property immediately, before they get the chance.

The second sentence of the Doorstep template, “I have noted your repeated attempts to contact me over the past few weeks and these have been duly logged by time and date”, is obviously inappropriate as you won't have received any calls yet. If you replace that with something like “I will not discuss financial matters over the telephone, and I will not accept personal visitors to my property”, the letter will then be usable.

Given their history, I would let these scum know exactly where they stand right from the word go.

Our Templates | Unenforceability Templates | Account Sold whilst in Dispute

Our Templates | Harassment & Intimidation Templates | Harassment & Threat of Doorstep-Visit

SH

[Never-In-Doubt]

Re: spent2much UE diary

It's a £500 debt. Ignore the arses. More chance of plaiting fog than having much hassle.

[Spent2much]

Re: spent2much UE diary

Just sent this special delivery £5.90 but this way i know (hope) they will receive it

i have been checking all day on the royal mail website and this is the message i have received

Your item with reference AD520315413GB is currently progressing through our network.
Your item is currently progressing through our network for delivery.

To check your item's progress please come back later.

£5.90 and still not delivered

update

update 22.01.13

Your item with reference AD520315413GB has been delivered.
If the item is being delivered to you at work, and you have not received it, please check with the mailroom or your colleagues.

You can now see the electronic Proof of Delivery for this item by clicking the button below.

[Spent2much]

Re: spent2much UE diary

It's a £500 debt. Ignore the arses. More chance of plaiting fog than having much hassle.

if they turn up i will just close the door on them, i don't care i do it loads of times if i'm not interested in what they are selling or boring me

[ScabHunter]

Re: spent2much UE diary

Oh, this is beyond a joke. It may have something to do with the foul weather, but even so you have paid for a service and they have failed to deliver it. Complaints will definitely be in order, but I know for now what you need to do is get this letter into the hands of the solicitors.

You could wait for another two or three days, just to see if it has been signed for (you'd still be entitled to complain even if it is delivered), or there is something else you could do which I will outline in the next post.

SH

[Spent2much]

Re: spent2much UE diary

Oh, this is beyond a joke. It may have something to do with the foul weather, but even so you have paid for a service and they have failed to deliver it. Complaints will definitely be in order, but I know for now what you need to do is get this letter into the hands of the solicitors.

You could wait for another two or three days, just to see if it has been signed for (you'd still be entitled to complain even if it is delivered), or there is something else you could do which I will outline in the next post.

SH

It's jsut so frustrating i am checking tomorrow morning then i will go to the post office see what they have to say

I checked again and went through to the help section and this is the response .

Home >

Track & Trace

How can we help?




My item should have been delivered by now


It may be that your item was delivered this morning but the delivery person is not back yet. We can only confirm delivery when they return to the delivery office and our systems are updated.

If the address you sent the item to has a redirection in place, it will take longer than the agreed time to arrive.

Please track your item again later.

If you know there is no redirection in place, you are sure your item has not been delivered, or you are concerned that it may be lost, please contact the Customer Service centre.

[ScabHunter]

Re: spent2much UE diary

One of the questions which is often asked is, “should you communicate with DCAs by email”?

The answer is usually no, and especially when there are solicitors involved and the possibility of them misusing it. Only two weeks ago I saw a case where solicitors emailed a PDF with the transcripts of several judgments in it, to the defendant at 22:00 the night before the hearing.

It is also suggested that emails can be manipulated because they are just electronic text. That is actually more dangerous than forging letters, because if somebody logs into their email account and looks at their sent mail, they have evidence of what they actually sent which cannot be manipulated.

You could attempt to handle the situation this way -

Set up a free email account. The most common are Hotmail, Yahoo, and Gmail, but the best are probably Zoho and Mail2World. You need an entirely new account, because you need to be able to close it again when it becomes necessary.

Go here -

drydensfairfax : contact us

and fill out the contact form. I would select “Information Submission”, rather than “Complaint” at this stage, as it takes away the excuse to issue a “Final Response” and refer you to the Fobbing Off Service. It demands a contact telephone number, so just use Niddy's here -

Free Number to Issue Creditors - allaboutFORUMS

Copy and paste your letter, exactly as you sent it, into the “Details” box, but put at the top - “COPY OF LETTER SENT BY SPECIAL DELIVERY (DATE)”. Submit the form. I would take a screenshot before and after submission.

It is more than likely that the contact form will give you an automatic reply. They usually do. Print that off as evidence that the communication was sent.

The only disadvantage of using this system is that the solicitors would then have an email address which they could abuse at a later date. This is the reason for using a new account – if you need to, you can just delete it and write to them telling them that you are no longer able to communicate by email.

I would personally wait until Thursday to see if that letter gets delivered late. If it does, then that problem is over and you can attack the Post Office for compensation. If it wasn't delivered by Thursday, I'd send through the contact form as above.

SH