spent2much UE diary

[vint1954]

Re: spent2much UE diary

No problem S2M,

I am not well versed on Overdrafts but the drift is that the OD itself is not covered by CCA but if they allow you to go over the limit, then it is classed as extending credit so that bit is covered.

[Bricktop]

Re: spent2much UE diary

I can see you had a planned overdraft limit of £500. In providing you with this limit, we requested you to monitor the account and stay within its limit. I can see you last used your account on 26th february 2007 when you transferred £129.00 out of your account to leave £499.89 overdrawn.

Sorry, only just read this, can't stop laughing, what's their problem ? you still had 11p to go

Edit: I would have grabbed an extra 10p

[garlok]

Re: spent2much UE diary

Please be cautious with this. Vint is correct in the the OD is not covered by any of the protections of the CCA. However, this is either a complete act of idiocy from a bank operative or they are re-assessing certain accounts. They can and have called in ODs but must give you written notice. They may without warning also reduce it to zero. Care and watchfulness would be my suggestion.

regards
G

[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)
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.


10/07/13 Lowell

We are waiting for your credit agreement.
I m afraid we have not received a copy of your agreement from shp direct yet. They are still trying to retrieve ti from their archives . We have placed your account on hold until we receive furhter information.

We will be in touch
When we have received it from them we will post it to you straightaway.

08/08/2013 Lowell,
Your credit agreement
We refer to your request for a copy of the original credit agreement for this account.

After liaising with Shop Direct in an effort to obtain this document we have been advised that is is no longer available due to the length of time since the account was opened for you.

We are closing your account
At this time we have closed our file and will not make any further contact with you concerning payment against this account unless the copy of the agreement is received at some point in the future from shop direct.

If you have questions please contact us

update

[fluffystuff]

Re: spent2much UE diary

Yaayyy!! Another one to tick off the list.

[Still Waving]

Re: spent2much UE diary

Nice result.

[Spent2much]

Re: spent2much UE diary

yes it is

[nightwatch]

Re: spent2much UE diary

[garlok]

Re: spent2much UE diary

Well done S2M. It can be done. Keep that letter oh so very safe.

regards
G

[Spent2much]

Re: spent2much UE diary

Well done S2M. It can be done. Keep that letter oh so very safe.

regards
G

I have its safely filed

[Spent2much]

Re: spent2much UE diary

No problem S2M,

I am not well versed on Overdrafts but the drift is that the OD itself is not covered by CCA but if they allow you to go over the limit, then it is classed as extending credit so that bit is covered.

I have checked the file and it looks like I have only sent the SWID letter and not the second so I wonder if I should wait and see what they send next

[tastyjane]

Re: spent2much UE diary

I dream of receiving a letter like that well done.

Jane x

[Spent2much]

Re: spent2much UE diary

I dream of receiving a letter like that well done.

Jane x

thank you jane, you never know

[vint1954]

Re: spent2much UE diary

Good news and well done

[Spent2much]

Re: spent2much UE diary

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 Wednesday between 6.00 and 8.00pm.
If this is not convenient call our hotline on 0844 854 0078



URGENT NOTICE-DO NOT IGNORE

Serious arrears on a blalance of £2323.57
arrears are now £539.37

All attempts to communcate with you at this address have failed. As a result we have undertaken investigations to understand your whereabouts and sources have comfirmed that you are still residnet.

This debt will not go away.

to enable us to help you please contact our trained advisors to scuss your situation.
Please not that in accordance with our clients trading terms an administration charge of £12.00 has been added to your balance.

24/07/2013 Reliable colections ltd

IMPORTANT-YOU SHOULD READ THIS NOTICE CAREFULLY

outstanding balance, £2335.57 Now Due £539.37 Our client simply be

Your conduct in this matter is unacceptable and will not be tolerated.
Our client has delivered goods to your address and little effort has been made to pay for them.
We are currently considering further steps to recover the debt which may result in us commencing court proceedings.
Take notice that a payment needs to be paid within the next 48 hours to prevent further action.

Call now on 000000000000 to discuss your proposals and make a payment
31/7/2013 sent a letter to Reliable collections reminding them the account is UE and has been since 9/7/2012 when they failed to send the original CCA, what they did send was an application form filled in by simpybe staff.

9/08/2013 from simply be

monthly statement.

9/08/2013 from simply be

Details of the agreement

Since 12.07/2001 you have operated a credit account with us , two copies of the agreement were went to you with your first statement which detailed the tems of and conditions on which we had agreed to provide you with credit. You purchased goods from our catalogue using the credit account and you been sent a statement of your account every 28 days which details the sums outstanding (the ''Agreement'').

Breach of the agreement

In breach of clause 6 of the agreement you have failed to pay to us the account. The balance on your account is £2400.78 and the arrears are £539.37.

action to be taken

In order to remedy the breach, you must pay the sum of £539.37 to us on or before 27/08/2013(being21 days from the date of this letter) and continue to pay the sums due under your agreement. You can make payment by calling us bla bla bla

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

If you fail to take action

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

we shall, in accordance with paragraph a of the agreement, demand that you pay to us the whole amount owing under the agreement immediately, and we may terminate the agreement.


Time order

If you have difficulty in paying nay sum owing under the agreement or taking any other action required by this notice, you can apply to the court which may make an order allowing you or any surety more time.


General

We enclose a copy of OFT Guidance on Default Notices for your information.

update