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  • Re: spent2much UE diary

    Originally posted by Fortman View Post
    Do you not have proof it was received. I always take the attitude with DCA's it is not my job to help tehm do theirs. If they wantthat letter, they can go to Drydens and get it.

    Apologies if this is out of line with this site's policy.
    Hi, yes i have the proof and this is why i am ignoring them for now as like you say they can go to drysdenfairfax and get the letter
    _______________________________________



    Comment


    • Re: spent2much UE diary

      But would they? is it not just a fob off attempt by them to deal with the matter?

      We all get letters from DCA's where they are either to ignorant or cant be bothered to fully read the content of our letters and reply with some fob off attempt, and then when we ignore it because it isnt relevent, they reply with a final response that has f all to do with the original dispute, they aint prepared to chase anything, they just want to "appear" to have resolved any issues, with the least effort.
      I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

      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 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

        6/6/13 sent SWID to Lowells

        19/6/13 from Lowells

        We thank you for your recent letter and appoligise for the delay in replying.

        Your comments with regards to the fact that the account is in dispute with Shop Direct as they failed to aknowledge your formal CCA request. We have queried this with Shop Direct and will advise you of their response upon receipt.

        In the meantime we have requested a copy of the credit agreement within the 12 working day period prewcribed by CCA, you will appreciate this is dependent upon receipt of the agreement from the original lender.

        We will advise you further if it will take longer than the prescribed period.

        update
        _______________________________________



        Comment


        • Re: spent2much UE diary

          Originally posted by SXGuy View Post
          But would they? is it not just a fob off attempt by them to deal with the matter?

          We all get letters from DCA's where they are either to ignorant or cant be bothered to fully read the content of our letters and reply with some fob off attempt, and then when we ignore it because it isnt relevent, they reply with a final response that has f all to do with the original dispute, they aint prepared to chase anything, they just want to "appear" to have resolved any issues, with the least effort.
          I agree, and that was my very thoughts when i read the letter, i just felt they were lying, anyway i am not sending them another copy i will wait to see what shite they send me next .
          _______________________________________



          Comment


          • Re: spent2much UE diary

            Originally posted by Spent2much View Post
            update
            All routine stuff. Just sit back and wait to see what they come up with.

            SH

            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

              6/6/13 sent SWID to Lowells

              19/6/13 from Lowells

              We thank you for your recent letter and appoligise for the delay in replying.

              Your comments with regards to the fact that the account is in dispute with Shop Direct as they failed to aknowledge your formal CCA request. We have queried this with Shop Direct and will advise you of their response upon receipt.

              In the meantime we have requested a copy of the credit agreement within the 12 working day period prewcribed by CCA, you will appreciate this is dependent upon receipt of the agreement from the original lender.

              We will advise you further if it will take longer than the prescribed period.



              21/06/13 Lowell

              We have requested a copy of your credit agreement
              Thank you for contacting us about your credit agreement. We have ased your original lender for copy .

              We will replay as soon as we can
              We will do our very best to send the information you asked for within 12 working days, but this does depend on when your original lender can send it. We will let you know if we do not hear from them in time.

              We're here to help
              In the meantime if you have any questions we'll be pleased to help you.
              update
              _______________________________________



              Comment


              • Re: spent2much UE diary

                Originally posted by Spent2much View Post
                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 sent

                28/9/12 account passed to BLS 3/8/12

                28/9/12 repayment plan arrears

                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 BLS essential that you contact us today


                24/12/12 from Halifax account passed to drysdenfairfax




                31/12/12 drysdensfairfax solicitors
                threat of action if fail to pay.


                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.


                09/03/12 from Halifax account passed to Robinson way


                I now wait to hear from Robinson way and then send an account sold while in dispute reply


                13/03/2013 from robbers way

                Our client has authorised us to recover the full amount you owem shown above.

                If you do not pay or agree a payment plan with us, we may advise our cleint to start court action ,

                THREATS OF WHAT COURT MIGHT DO OUR CREDIT RATING BLAH LBAH BLAH.



                12/03/2013 from Robinson Way
                12/03/12 from Robinson way

                IMMEDIATE ACTION REQUIRED


                25/03/13 account sold in dispute sent to Robinson way

                04/04/13 from Robinson way

                Thank you for your recent contact. Our client has advised us that your issue has been resolved and you remain fully liable for the balance outstanding.

                In the absence of any alternative dispute, we are unable to defer payment on this account and we now require your proposals for payment within the next 14 days .

                After this time collection activity will resume.



                ignore ?

                8/4/13 from robinson way

                Please note we have noted the dispute/query you have raised.
                We will make the necessary enquiries and let you know the outcome in due course.

                In the meantime we will stop all collection activity for this account.

                15/04/13 from Robinson way.
                Thank you for your recent contact. Our client has advised us that your issue has been resolved and you remain fully liable for the blalance outstanding .

                In the absence of any alternative dispute, we are unable to defer payment on this account and we now requre your poropsals for payment within the next 14 days .
                Ater this time collection activity will resume.

                01/05/13 robinson way

                NOTE..IMMEDATE ACTION REQUIRED

                You have not paid the sum you owe. Until it is paid your account will not be closed,but may stay registered as anupaid debt in your name. This may adversely affect your credit rating.

                WE URGE YOU TO SETTEL YOUR ACCOUNT-NOW-AND CLEAR THIS UP ONCE AND FOR ALL

                we can agree a reduced balance you can pay to settle your account and you may even be able to pay the reduced balance in instalments you can afford and will keep up, our staff are waiting to take your call
                Immediate payment can be made by calling us .
                18/05/13 drysdenfairfax
                We have been instructed by our clent's agent, Robinson Way,in relation to the above coutstanding debt.
                Legal action may be taken aggainst you unless you take steps to resolve this matter within 10 days of the date of this letter.
                To avoid further action you should either:
                -Make payment in full,or
                Pay what you can now and agree an affordable repayment arrangement to repay the remainder by contaction robinson way

                18/05/2013 drysdenfairfax 2nd SWID letter.
                checked royal mail and this was delivered and signed for .

                24/05/2013 from dysdenfairfax
                We are instructed that despite previous correspondence this matter remains outstanding. Unless this matter is resloved within 10 days of the date of this letter (23/05/2013) then we may have to advise our client to consider commencing legal proceedings against you.

                Even at this late stage you can acoid court action by paying the debt in full or agreeing an affordable payment plan with Robinson way .

                Please do not ignore this letter as taking no action is likely to lead to court proceedings being commenced which may increase the amount you owe with the addition of court fees, costs and interest .


                03/06/13 drysdenfairfax
                We have been instructed by our client's agent, Robinson Way, in relation to the above outstanding debt, Legal action may be taken against you unless you take steps to resolve this matter withing 10 days of the date of this letter (1st June 13)
                To avoid further action you should either:
                Make payment in full o
                Pay what you can now and agree an affordable repayment arrangement to repay the remainder by contacting Robinson Way.

                Any court action may result in additional court fees, solicitor's costs and interest being incurred which would be added to the amount outstanding.

                04/06/13 sent letters of complaint to drysdenfairfax and robinson way, kindly composed bt ScabHunter

                FORMAL COMPLAINT

                Dear Sirs,

                I am in receipt of your letter dated xxth March 2013, the contents of which are noted. Since your letter clearly refers to the threat of litigation, I am treating it as a formal letter of claim, albeit an entirely defective one. I refer you to the Civil Procedure Rules Pre Action Protocol Practice Direction, in particular Annex A and Annex B. You will note your letter fails spectacularly to comply with either of the aforesaid Annexes.

                Since you are a firm of solicitors, I cannot excuse such failures, and place you on notice that any litigation on the back of this letter will result in an immediate application to the Court requesting the matter stayed with costs against you and your client on the indemnity basis. I refer you to Para 4.6 of the Practice Direction which explains the consequences of non compliance with the Pre Action Protocol.

                I refer you also to my letter of 18th May 2013, which you signed for and have therefore presumably read. You have completely ignored the contents of that letter, and have chosen instead to send out a machine produced template which bears no relevance to the situation surrounding this alleged debt.

                You will be aware that your clients remain in default of a legitimate request for information pursuant to The Consumer Credit (EU Directive) Regulations 2010 and also c.39 (s.74 (A&B) (VA)) CCA(1974). Your clients have a statutory obligation to provide this information, and without it I am unable to assess whether or not any liability exists to your clients, nor to assess the extent of any such liability should it exist. It would therefore be far more appropriate for you to deal with your incoming mail in a reasonable manner, instead of using machine produced threat letters as an expedient, and abusing the legal system by using it as a threat tool instead of a means of resolving disputes which cannot be settled any other way.

                Accordingly, and in accordance with the CPR Pre Action Protocol Practice Direction, I look forward to your reply, dealing with the issues which were raised in my letter of 18th May. Note that any further obstructiveness and refusal to consider, or reply to, letters which are sent to you informing you of the true situation of your clients' affairs will result in a formal complaint being forwarded to the Solicitors Regulation Authority.

                Yours Faithfully,


                and this to RW -

                FORMAL COMPLAINT

                Dear Sirs,

                I am in receipt of a letter dated xxth May 2013, from Drydens Fairfax solicitors. The letter is a formal letter of claim, threatening immediate court proceedings if I do not comply with their entirely unreasonable orders. As the solicitors have ignored my previous communication, and are refusing to discuss or even acknowledge the ongoing dispute relating to this alleged debt, they are in breach of the Civil Procedure Rules Pre Action Protocol Practice Direction, in particular Annex A and Annex B. Note that my letter of 18th May 2013, which was received and signed for, has been completely ignored.

                Instead of responding to my legitimate dispute concerning your own failure to provide statutory information, the solicitors have mailed out a machine produced generic template which could apply to literally any alleged debt situation. This behaviour is obviously totally unacceptable, and any repeat thereof will result in a formal complaint being forwarded to the Solicitors Regulation Authority.

                Notwithstanding this consideration, you remain legally responsible for the actions of any organisation which you engage on your behalf. It would therefore be in your own interests to deal with the ongoing dispute, of which you have been aware since you received my letter of 25th March 2013, instead of misusing solicitors purely for the purposes of threatening and frightening people. Your own nonsensical response dated 4th April 2013 is also a machine produced generic template, which is entirely inappropriate for the situation. You are obviously aware that communicating with alleged debtors in a misleading manner is contrary to the Office of Fair Trading Debt Collection Guidance, specifically Section 3.2.

                I look forward to your response that you have withdrawn these badly behaved solicitors from this case, and that you are now prepared to deal with the issues raised in my previous communications. Any other response will result in this formal complaint being escalated to the Financial Ombudsman Service, and the Office of Fair Trading being informed of your continual breaches of their own published Guidance.

                Yours Faithfully,


                17/06/2013 from robinson way limited
                We refer to the above account and the recent issues you raised.

                Having looked at your acount we do not seem to have received your recorded mail dated 18th May 2013. Can you please resend this mail and also provide us with the recorded delivery number to enable to us to look into this matter further.

                On further investigation I have noted that your original dispute was regarding not receiving a valid CCCA request . Please be advised that the above account relates to an unpaid bank account . These are exempt from part V of the CConsumer Credit Act 1974 and as such there is no agreement available .

                In the meantime i have placed your account on a temporary delay awaiting your above correspondence. If you have any further quries ,please do not hesitate to contact us


                21/06/2013 Robinson way

                As we have been unable to contact you via any other way, we may now arrange for a doorstep collection agent to call at your address to agree an affordable payment plan with you, dependant on your personal circumstances.

                To avoid the matter being escalated to this next stage of the debt collection process involving a home visit, please contact this office to discuss your circumstances and to agree an affordable payment plan directly with us.
                update, i feel like ignoring this crap for now and to wait and see what they send next , if they send an agent in the meantime let them i often sit in the chair in the front window and ignore JW's and mormons when they knock so i won't have any problem ignoring one of their so called agents
                _______________________________________



                Comment


                • Re: spent2much UE diary

                  Originally posted by Spent2much View Post
                  Type of account (simplybe )mine

                  Date commenced (2003)

                  Approx balance (£1,124)

                  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 (simply be) now with jd williams
                  9/7/12 cca request sent
                  27/7/12 from simplybe an application form , sent to niddy and niddy says

                  27/7/12 sent missing PT's
                  30/8/12 reminder for payment

                  6/9/12 serious arrears letter

                  11/9/12 letter they cannot enforce payment but threaten to commence collection again.

                  receiving statements every month otherwise nothing to report .

                  18/04/13 from simply be
                  monthly statement and a reminder i haven't paid , also if i don't bring the account up to date they may take further action and additional charges added .

                  01/05/13 Simplybe
                  Minimum payment due £205.53
                  Having tried to contact you on several occasions you have failed to maintain repayment of your account.
                  We are prepared to help you but you must take resonsibility for clearing this debt.
                  ~ The debt will not go away on its own.
                  ~ You must pay the arrears within 48 hours to avoid action being undertaken to recover the debt.

                  You can make a payment directly onto your account by calling us


                  Please note that in accordance with our trading terms an administration charge will be made for each missed payment reminder. Your personal credit file may also be affected preventing furture facilities from high street banks

                  23/05/2013 SimplyBe
                  FINAL NOTICE
                  Despite our best efforts to talk to you and agree proposals that suit your current situation you continue to ignore our help.
                  Non-payment is a serious matter that is likely to prevent you getting credit in the future. We want to help but you must share your situation with us. Take notice if we do not receive your payment we intend to pass your account to a Debt Collection company.
                  Reliable Collections ltd within the next few days, they may:
                  Instruct debt collectiors to call at your home.
                  Undertake appropriate action to recover the debt.
                  To stop this action from being taken, you must make payment immediatley.

                  Please not that in accordance with our trading terms an administration chare will be made for each missed payment reminder.
                  13/06/13 simplybe
                  statement enclosed ,An overdue amount of £313.14 is due now . Please contact reliable collections to arrange payment if no payment is recieved within 14 days £12 will be added to this statement


                  [COLOR="Red"]14/06/2013 from Reliable collections,

                  TAKE NOTICE
                  We have been instructed by our client simply be to consider passing your account to a nationwide doorstep debt collection company who may visit you at your address to collect the above debt.

                  you have made this necessary,as you have failed to contact simply be or us to make payment or offer any payments for doing so.

                  You have 7 days to make your payment or to offer a repayment plan-we are prepared to accept instalments that suit your circumstances but you need to make contact with us urgently to agree such proposals
                  26/06/2013 reliable collections ltd

                  APPOINTMENT

                  we have made an appointment to contact you at your home on Wednesday between 6.00 and 8.00pm.
                  If this is not convenient call our hotline on 0844 854 0078

                  update
                  _______________________________________



                  Comment


                  • Re: spent2much UE diary

                    Their letter of 11/9/2012 said that they knew it was not enforceable. Let them swing. Or...
                    I would personally think that a doorstep IS enforcement. Maybe time to remind them of this fact with a photocopy of the letter and point out that they did not provide monthly Statements for over 8 months.

                    Comment


                    • Re: spent2much UE diary

                      Originally posted by Spent2much View Post
                      Type of account (credit card)husband's

                      Date commenced (2005) i put 2005 but they may be before this also

                      Approx balance.( £1,284.70

                      Date last paid (22/06/2012)

                      Are you on arrangement or not paying (stopping dmp )

                      Status ( cca being sent )

                      Account owner (1st credit ) original creditor LloydsTSB.
                      9/7/12 cca request
                      received today 06/10/2012

                      21/9/12 account sold to cabot


                      heard nothing since from both Cabot or 1st credit

                      29/6/13 from Cabot
                      Recall of your account from 1st credit

                      we would like to inform you that the Cabot Credit Management Group have now recalled your from 1st credit

                      All payments should now be made directly to cabot with immediate effect.

                      Choice of payment methods

                      direct debit
                      credit of debit card
                      standing order
                      online banking
                      cash or cheque at a post office or payzone using cabot payment card.

                      contacting cabot

                      The most important thing for you to do now is to contact us. Call 0800
                      update
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                      Comment


                      • Re: spent2much UE diary

                        I would ignore that for the moment

                        Comment


                        • Re: spent2much UE diary

                          Originally posted by MrsD View Post
                          I would ignore that for the moment
                          yep that's what i thought too
                          _______________________________________



                          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

                            6/6/13 sent SWID to Lowells

                            19/6/13 from Lowells

                            We thank you for your recent letter and appoligise for the delay in replying.

                            Your comments with regards to the fact that the account is in dispute with Shop Direct as they failed to aknowledge your formal CCA request. We have queried this with Shop Direct and will advise you of their response upon receipt.

                            In the meantime we have requested a copy of the credit agreement within the 12 working day period prewcribed by CCA, you will appreciate this is dependent upon receipt of the agreement from the original lender.

                            We will advise you further if it will take longer than the prescribed period.



                            21/06/13 Lowell

                            We have requested a copy of your credit agreement
                            Thank you for contacting us about your credit agreement. We have ased your original lender for copy .

                            We will replay as soon as we can
                            We will do our very best to send the information you asked for within 12 working days, but this does depend on when your original lender can send it. We will let you know if we do not hear from them in time.

                            We're here to help
                            In the meantime if you have any questions we'll be pleased to help you.

                            1/7/2013 from Lowell

                            News on your credit agreement request

                            We have been in touch with shop direct about the copy of your credit agreement.

                            They have let us know they are trying to retrieve the agreement from their achive.
                            As soon as we have it, we will sent it to you.

                            What will happen next
                            In the event we cannot obtain a copy of the agreement we will write to you again and inform of this. Once you have seen your agreement , we will ask you to pay the outstanding balance in full.
                            update
                            _______________________________________



                            Comment


                            • Re: spent2much UE diary

                              No response required
                              If happy little bluebirds fly, beyond the rainbow, why, oh why can't I?

                              sigpic

                              Comment


                              • Re: spent2much UE diary

                                Originally posted by diddlydee View Post
                                No response required
                                yep
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                                Comment

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