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  • Re: spent2much UE diary

    Originally posted by SaltnVinegar View Post
    Nice letter to Robinson Way - should make them think if nothing else.

    If they don't have the capacity to think then you're giving them some rope for them to hang themselves - I love it when that happens!

    agree with you there ScabHunter is brilliant at letter writing
    _______________________________________



    Comment


    • Re: spent2much UE diary

      Originally posted by Spent2much View Post
      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)
      09/07/2012
      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 condition 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 cca 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 straght away


      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 NDR PRE-ESCALATION NOTICE

      I have attempted to contact you on numerous occasions , £12 admin fee to account.
      Essential you make payment




      21/01/13 NDR
      default notice (reason late payment) £12 admin charge late payment


      23/01/13 kay&co/shop direct finance ltd

      Re: Credit Agreement Request
      We write further to your letter dated 28/12/12We confirm that your debt still remains outstanding.

      You have infromed us your agreement is unenforceable , but unenforceability does not mean that the rights of a party under a CCA were never acquired or are extinguished. This approach has been adopted by the courts and such means that we will still continue to request payments from you.

      It is clear, that by ordering and purchasing goods from us you acknowledge that there is an iexisting relationship in place. In the event that you did not believe there was such a relationship it is unlikely you would have bought and continued to buy goods from us.
      Therefore , as the debt remains unsatisfied, we weill continue to request payments from you and notify the credit reference agencies.


      also from kay&co
      YOU SHOULD READ THIS CAREFULLY

      DEFAULT NOTICE section(1) CCA 1974 pay £1965.20 before 31/01/13 to remedy the breach


      23/04/1
      Kendo.com

      Default Notice
      Served under section 87(1) of consumer act 1974

      We refer to the above agreement which you have entered into with us. The Payment Clause of the agreement provideds that you must make the required periodic payment in full by its due date. You are in breach of that cluase because you have failed to make all your periodic payments in full when due, and arrears amounting to £1989 are outstanding.

      To remedy the breach you must pay us the total arrears of £1989 before 01-May-2013.

      IF THE ACTION REQUIRED BY THIS NOTICE IS TAKEN BEFORE THE DATE SHOWN NO FURTHER ENFORCEMENT ACTION WILL BE TAKEN IN RESPECT OF THE BREACH.

      IF YOU DO NOT TAKE THE ACTION REQUIRED BEFORE THE DATE SHOWN THEN THE FURTHER ACTION SET OUT BELOW MAY BE TAKEN AGAINST YOU.

      further action:

      On the date shown, we shall require payment of the outstanding balance on the account , less any rebate allowable as set out below.

      Amount of outsanding balance £1989
      les rebate £0.00
      total amount to be paid £1989

      IF YOU HAVE DIFFICULTY IN PAYING ANY SUM OWING UNDER THE AGREEMENT OR TAKING ANY FURTHER ACTION REQUIREDBY THIS NOTICE, YOU CAN APPLY TO THE COURT WHICH MAY MAKE AN ORDER ALLWING YOU OR ANY SURETY MORE TIME.

      iF YOU ARE NOT SURE WHAT TO DO,YOU SHOULD GET HELP AS SOON AS POSSIBLE.FOR EXAMPLE YOU SHOULD CONTACT A SOLICITOR, YOUR LOCAL TRADING STARNDARS OR YOUR NEAREST CAB.

      The notice should include a copy of the current oft .

      11/05/13 NDR
      payment not received letter .

      05/06/13 from kays and Lowell Portfolio Ltd

      Kays - We hereby give notice of the assignment of the debt due to us from you in repect of the balance of £1989.20

      On 10/05/2013 your account was legally assinged to Lowell Portfolio Ltd and as such any further communications and payments regarding the account must now be addressed to Lowell Portfolio Ltd

      From Lowell Portfolio Ltd

      We are Lowell Portfolio Ltd , a specialist debt purchaser who buys accounts from companies such as Shop Direct/kay&co where there is an outstanding debt. We then work with the customer to help them repay it. Your account was sold to us on the 10/05/2013, details of the account are set out in the right hand margin of this notice. The balance is in respect of goods you ordered and received . As Lowell Portfolio l Ltd now owns the debt we are entitled to receive payment of the balance.

      Settling your account

      Before selling your account to us Shop Direct checked their records and found no reason why this should remain unpaid. You therefore need to pay us the £1989.20. You can call us on 00000000000and pay the full balance by card, or if you cannot afford to pay in full you can set up a monthly repayment plan. The simplest way to pay by instalments is to set up a direct debit until the balance is paid off. You can also visit our website and complete the dd mandate online.

      When you have paid the debt off , or once you start to make montley payments we will contact the cra to update your credit file. Keeping your credit file up to date can help your credit rating an allow you access to cheaper forms of credit.

      What happens next ?
      If you do not contact us to repay this account or set up a repayment plan, we will instruct our collection department. Lowell financial ltd to recover what you owe us.

      Statement of your account
      Under the CCA 2006 we are obliged to send statemtns and notices to you at prescribed intervals. On the reverse of this letter you will see your current position with regard to this account. You will continue to get statements and notices until you repay this debt


      update, i think a sold while in dispute letter needs to be sent now
      _______________________________________



      Comment


      • Re: spent2much UE diary

        Well, it specifically states that the account has been SOLD, so that means a botched default as they have been adding “admin fees” which they have dreamed up for themselves.

        This needs to be put firmly into dispute straight away as Clownell Portfailio are dangerous. They are extremely trigger happy with Statutory Demands, and as this alleged debt is above the bankruptcy threshold and you are a home owner, there is risk.

        You'll need to be able to apply to set aside the demand should it be issued. For now, though, send the SWID and see what happens.

        SH

        PS One last point – the last paragraph of their letter is inaccurate. They are quoting the CCA 2006, when this is regulated under the CCA 1974 as it was taken out in 2003. VERY important, as unenforceability is your key defence here

        Comment


        • Re: spent2much UE diary

          Originally posted by ScabHunter View Post
          Well, it specifically states that the account has been SOLD, so that means a botched default as they have been adding “admin fees” which they have dreamed up for themselves.

          This needs to be put firmly into dispute straight away as Clownell Portfailio are dangerous. They are extremely trigger happy with Statutory Demands, and as this alleged debt is above the bankruptcy threshold and you are a home owner, there is risk.

          You'll need to be able to apply to set aside the demand should it be issued. For now, though, send the SWID and see what happens.

          SH

          PS One last point – the last paragraph of their letter is inaccurate. They are quoting the CCA 2006, when this is regulated under the CCA 1974 as it was taken out in 2003. VERY important, as unenforceability is your key defence here

          So SWID , got me worried now
          _______________________________________



          Comment


          • Re: spent2much UE diary

            Originally posted by Spent2much View Post
            So SWID , got me worried now
            Try not to worry. This is a catalogue, and it is UE with a botched default. It is important that they learn about the UE status as quickly as possible.

            SH

            Comment


            • Re: spent2much UE diary

              Originally posted by ScabHunter View Post
              Try not to worry. This is a catalogue, and it is UE with a botched default. It is important that they learn about the UE status as quickly as possible.

              SH
              ok thank you ,

              this is the swid letter


              Template --> Account Sold whilst in Dispute - allaboutDEBT UK
              Last edited by Never-In-Doubt; 5 June 2013, 19:53. Reason: removed wording
              _______________________________________



              Comment


              • Re: spent2much UE diary

                Hi

                Please don't copy and paste our templates into the public arena like that as these will eventually be locked to members in the website.

                Please post the link only. The only exception is when we create custom templates for users, those can be in public.

                Thanks

                Your post above has been edited to reflect what I asked, and shows the link - not the template wording.
                I'm the forum administrator and I look after the theme & features, our volunteers & users and also look after any complaints or Data Protection queries that pass through the forum or main website. I am extremely busy so if you do contact me or need a reply to a forum post then use the email or PM features offered because I do miss things and get tied up for days at a time!

                If you spot any spammers, AE's, abusive or libellous posts or anything else that just doesn't feel right then please report them to me as soon as you spot them at: webmaster@all-about-debt.co.uk

                Comment


                • Re: spent2much UE diary

                  I can't do a thing right
                  Last edited by Spent2much; 6 June 2013, 06:00.
                  _______________________________________



                  Comment


                  • Re: spent2much UE diary

                    Originally posted by Spent2much View Post
                    I can't do a thing right
                    Now now I never said that

                    I only asked/reminded you (and others reading) not to copy/paste the full template. It was just unlucky you did it and I noticed so I quoted yours. It could have been a number of users
                    I'm the forum administrator and I look after the theme & features, our volunteers & users and also look after any complaints or Data Protection queries that pass through the forum or main website. I am extremely busy so if you do contact me or need a reply to a forum post then use the email or PM features offered because I do miss things and get tied up for days at a time!

                    If you spot any spammers, AE's, abusive or libellous posts or anything else that just doesn't feel right then please report them to me as soon as you spot them at: webmaster@all-about-debt.co.uk

                    Comment


                    • Re: spent2much UE diary

                      Originally posted by Never-In-Doubt View Post
                      Now now I never said that

                      I only asked/reminded you (and others reading) not to copy/paste the full template. It was just unlucky you did it and I noticed so I quoted yours. It could have been a number of users
                      ha ha i did though i do everything wrong but that's me
                      _______________________________________



                      Comment


                      • Re: spent2much UE diary

                        Originally posted by Spent2much View Post
                        I can't do a thing right

                        Aww

                        Comment


                        • Re: spent2much UE diary

                          Originally posted by planB View Post
                          Aww
                          thank you planB i needed that hug
                          _______________________________________



                          Comment


                          • Re: spent2much UE diary

                            Originally posted by Spent2much View Post
                            I can't do a thing right
                            Originally posted by Spent2much View Post
                            ha ha i did though i do everything wrong but that's me
                            Bless you S2M, it could of been so easily someone else posting a template, so as Nid says no more worrying about it now!
                            "If wishes were horses, beggars would ride"

                            Comment


                            • Re: spent2much UE diary

                              Originally posted by Spent2much View Post
                              I can't do a thing right
                              Bollox - you are fighting these @holes - thats at LEAST one thing right you're doing there
                              "I fear all we have done is to awaken a sleeping giant and fill him with a terrible resolve."

                              The consumer is that sleeping giant.!!



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                              If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

                              Comment


                              • Re: spent2much UE diary

                                Originally posted by SaltnVinegar View Post
                                Bollox - you are fighting these @holes - thats at LEAST one thing right you're doing there
                                Nicely put Salty.....made me smile that did.....
                                Steve

                                Comment

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