spent2much UE diary

[ScabHunter]

Re: spent2much UE diary

update

A new gang of tossers making threats. Have you sent an A/C Sold in Dispute letter?

If not, now is the time.

Our Templates | Unenforceability Templates | Account Sold whilst in Dispute

SH

[Spent2much]

Re: spent2much UE diary

A new gang of tossers making threats. Have you sent an A/C Sold in Dispute letter?

If not, now is the time.

Our Templates | Unenforceability Templates | Account Sold whilst in Dispute

SH

not on this one, it is an overdraft

[ScabHunter]

Re: spent2much UE diary

not on this one, it is an overdraft

The template can be modified slightly to allow for that.

What is more important is, was the request made properly in the first place? I can't make any sense out of this -

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

I know Moroncrap are insane, but this is just a mess of contradictions. You've got two choices - you either assume that the request you made in July last year is valid, and send a modified version of the Sold in Dispute letter, or you assume that it was botched and send an overdraft request to the new assignee.

SH

[Spent2much]

Re: spent2much UE diary

The template can be modified slightly to allow for that.

What is more important is, was the request made properly in the first place? I can't make any sense out of this -

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

I know Moroncrap are insane, but this is just a mess of contradictions. You've got two choices - you either assume that the request you made in July last year is valid, and send a modified version of the Sold in Dispute letter, or you assume that it was botched and send an overdraft request to the new assignee.

SH

when i originally sent off for cca request i got a letter back saying that i need to send a £1 before they could send it. Never ever received anything other than the request being ignored.
Niddy said to send them the quid so i did but nothing was sent , so i guess they are just trying to avoid my request.

[ScabHunter]

Re: spent2much UE diary

If it was me, I would assume that the request sent to Moroncrap was valid. They had it without a quid and wouldn't accept it, then they had it with a quid and wouldn't accept it. What do they want? Do they want it delivering with flowers for Valentine's day and a cake with a cherry on the top?

Obviously the drivel about needing to send to the original creditor can be ignored. That is just a smoke screen, and the letter makes it perfectly clear that an assignment is one of both rights and duties. It was Moroncrap's responsibility to contact the original creditor.

We do need a version of the A/C Sold in Dispute letter for overdrafts, which is what I would send to Robbingscum NoWay. I'll try and post an amended version here that you can use.

SH

[Spent2much]

Re: spent2much UE diary

If it was me, I would assume that the request sent to Moroncrap was valid. They had it without a quid and wouldn't accept it, then they had it with a quid and wouldn't accept it. What do they want? Do they want it delivering with flowers for Valentine's day and a cake with a cherry on the top?

Obviously the drivel about needing to send to the original creditor can be ignored. That is just a smoke screen, and the letter makes it perfectly clear that an assignment is one of both rights and duties. It was Moroncrap's responsibility to contact the original creditor.

We do need a version of the A/C Sold in Dispute letter for overdrafts, which is what I would send to Robbingscum NoWay. I'll try and post an amended version here that you can use.

SH

ha ha love it thanks i will wait for you to post amended version of A/C sold while in dispute .

[ScabHunter]

Re: spent2much UE diary

This keeps the majority of the original A/C Sold in Dispute letter intact, simply removing the parts which relate to Sections 77-79, and replacing them with references to the legislation which applies in this case.

I would have thought this would do the job.

"Dear Sirs,

Account No/Reference No: XXXXXXXX

Thank you for your letter dated XX/XX/XXXX, the contents of which have been noted.

I write with reference to the above numbered account. I would like to point out that this account is formally in dispute with [Enter Original Creditor] and has been since they failed to acknowledge my Consumer Credit Agreement (CCA) Request, in line with The Consumer Credit (EU Directive) Regulations 2010 and also c.39 (s.74 (A&B) (VA)) CCA(1974).

As you are no doubt aware, your continual harassment not only breaches the Consumer Credit Act (1974), but also the Data Protection Act (1998), the Consumer Protection From Unfair Trading Regulations (2008) and the Office Of Fair Trading's Debt Collection Guidelines. Being that the Original Creditor is now in default of my CCA Request and OFT Debt Collection Guidelines, I consider this account to be in serious dispute, especially due to the fact that whilst my CCA Request remains in default (outstanding), enforcement action is not permitted in line with s.127(3) of the CCA1974.

As I held what can only be regarded as an 'Agreed Overdraft', which has now reverted to an 'Unauthorised Overdraft' then 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.

The account holder should be sending an annual reminder to me regarding 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). I highlight this provision for your perusal;

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).

You should also be paying attention to s.74(B)(2) which reads, I quote;

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).

The CCA(1974) protection which applies to this type of unauthorised overdraft renders an account unenforceable if the required information is not forthcoming. As this account is clearly unenforceable, I expect you to write back and confirm that no further action will be taken, and that the account is now closed and no further correspondence will take place; irrespective, unless you do supply a lawful agreement I will not correspond with you again and any threats will be averred as unlawful and vexatious with a counter-claim forthcoming. In the meantime, I require that you clarify your position on this point as failure to do so, even by omission or lack of a response, will be regarded as an attempt to deliberately misrepresent or conceal the legal position regarding this matter to which an appropriate complaint will be made to the OFT.

Consequently, any legal action you pursue will not only be fully and vigorously defended, it will also be averred as both unlawful and vexatious. As such I respectfully suggest that this account is returned to the original creditor for immediate resolution prior to my seeking legal advice; due to the fact you cannot lawfully pursue any enforcement activities as the account was already in dispute at the time you became involved.

Yours faithfully,"

SH

[Spent2much]

Re: spent2much UE diary

This keeps the majority of the original A/C Sold in Dispute letter intact, simply removing the parts which relate to Sections 77-79, and replacing them with references to the legislation which applies in this case.

I would have thought this would do the job.

"Dear Sirs,

Account No/Reference No: XXXXXXXX

Thank you for your letter dated XX/XX/XXXX, the contents of which have been noted.

I write with reference to the above numbered account. I would like to point out that this account is formally in dispute with [Enter Original Creditor] and has been since they failed to acknowledge my Consumer Credit Agreement (CCA) Request, in line with The Consumer Credit (EU Directive) Regulations 2010 and also c.39 (s.74 (A&B) (VA)) CCA(1974).

As you are no doubt aware, your continual harassment not only breaches the Consumer Credit Act (1974), but also the Data Protection Act (1998), the Consumer Protection From Unfair Trading Regulations (2008) and the Office Of Fair Trading's Debt Collection Guidelines. Being that the Original Creditor is now in default of my CCA Request and OFT Debt Collection Guidelines, I consider this account to be in serious dispute, especially due to the fact that whilst my CCA Request remains in default (outstanding), enforcement action is not permitted in line with s.127(3) of the CCA1974.

As I held what can only be regarded as an 'Agreed Overdraft', which has now reverted to an 'Unauthorised Overdraft' then 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.

The account holder should be sending an annual reminder to me regarding 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). I highlight this provision for your perusal;

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).

You should also be paying attention to s.74(B)(2) which reads, I quote;

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).

The CCA(1974) protection which applies to this type of unauthorised overdraft renders an account unenforceable if the required information is not forthcoming. As this account is clearly unenforceable, I expect you to write back and confirm that no further action will be taken, and that the account is now closed and no further correspondence will take place; irrespective, unless you do supply a lawful agreement I will not correspond with you again and any threats will be averred as unlawful and vexatious with a counter-claim forthcoming. In the meantime, I require that you clarify your position on this point as failure to do so, even by omission or lack of a response, will be regarded as an attempt to deliberately misrepresent or conceal the legal position regarding this matter to which an appropriate complaint will be made to the OFT.

Consequently, any legal action you pursue will not only be fully and vigorously defended, it will also be averred as both unlawful and vexatious. As such I respectfully suggest that this account is returned to the original creditor for immediate resolution prior to my seeking legal advice; due to the fact you cannot lawfully pursue any enforcement activities as the account was already in dispute at the time you became involved.

Yours faithfully,"

SH

Thank you for this i will print this and send it tomorrow

[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

20/1/13
sent sold while in dispute letter


26/01/13 from drysdenfairfax solicitors


I acknowledge receipt of your letter dated 19 January 2013, together with the enclosures, and i note all your comments.

I have reviewed your file and , unfortunately, i can find no record of us receiving your earleir letter of 31 December 2012. We were, therefore, unaware that this was in dispute. As a firm of solicitors, please be assured that we are well aware of our responsibilities with regard to the Office of Fair trading Debt Collection Guidance.

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

I trust this resolves any immediate concers, but if you do have any further queries, please let me know.

update

[ScabHunter]

Re: spent2much UE diary

update

Well, at least you've now got evidence that the dispute has been registered. This has put them on the back foot. Just wait for whatever excuse they come up with next.

I'd still go after the Royal Snail for compensation, because if they had done their job properly with the first letter there would have been no need for the second one.

SH

[Spent2much]

Re: spent2much UE diary

Well, at least you've now got evidence that the dispute has been registered. This has put them on the back foot. Just wait for whatever excuse they come up with next.

I'd still go after the Royal Snail for compensation, because if they had done their job properly with the first letter there would have been no need for the second one.

SH

I can't understand why it wasen't delivered as the other two i posted at the same time got delivered .

I hope they pass the accounts back to Halifax now, and they didn't like it when they were reminded about the OFT regulations i think that touched a nerve

[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 .


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.

update

[SaltnVinegar]

Re: spent2much UE diary

update

Will watch this with interest S2M as I'm also 'playing' with Lloyds TSB regards an O/D.

Similar 'collection' pattern to you except I've not had the pleasure of drysdenfairfax yet. Had the same letters from Bullsh!t collections though

[ScabHunter]

Re: spent2much UE diary

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 client to clarify the current position and seek their further instructions. We will write to you, further, once they have responded . I confirm that, in the meantime, the matter is on hold.

update

At least they are on the back foot for now. Did this letter have any kind of identifying reference or account number on it? I know you're dealing with a few of these, so it is important to know where you stand with each individual case.

SH

[Spent2much]

Re: spent2much UE diary

Will watch this with interest S2M as I'm also 'playing' with Lloyds TSB regards an O/D.

Similar 'collection' pattern to you except I've not had the pleasure of drysdenfairfax yet. Had the same letters from Bullsh!t collections though

well when i get a reply i will keep posting the outcome , the fun begins