Snowy's Diary

[jon1965]

Re: Snowy's Diary

I have only ever had one LBA and this stated what it was and told me what documents they would be using as per CPR . I think that a real LBA needs that info but please don't take my word for it.
Luckily for me at almost the same time I sent off a CCA request which they couldn't comply so I got out of it , debt dodger that I am lol

The faulty DN is a good point. ALL of my HBOS DN's have been a pile of tosh but I have other ammo as well.

[snowy]

Re: Snowy's Diary

Thanks for all your replies........

The letter from HL Solicitors states:-

NOTICE OF IMPENDING LEGAL ACTION

We have been instructed by apex credit managemnet , agents for the above creditor, in relation to your outstanding balance in the sum of £2202.84.

Unless our client receives payment in full or a valid reason for non payment of the account within the next 7 days, then court proceedings may be taken against you without further notice.

Should court proceedings be issued you may be liable for court fees blah blah blah

If you wish to avoid this course of action then you must telephone our client.

Please note we are instructed not to enter into correspondance with you at this stage but to refer you to apex credit management.

[Undercover Elsa]

Re: Snowy's Diary

Have you raised any dispute with Halifax about this account Snowy? Have you had a Default Notice?

That's a pathetic excuse for a Letter Before Action. most likely a legal threatogram but I don't like that they've said "without further notice".

[Never-In-Doubt]

Re: Snowy's Diary

Thanks for all your replies........

The letter from HL Solicitors states:-

NOTICE OF IMPENDING LEGAL ACTION

We have been instructed by apex credit managemnet , agents for the above creditor, in relation to your outstanding balance in the sum of £2202.84.

Unless our client receives payment in full or a valid reason for non payment of the account within the next 7 days, then court proceedings may be taken against you without further notice.

Should court proceedings be issued you may be liable for court fees blah blah blah

If you wish to avoid this course of action then you must telephone our client.

Please note we are instructed not to enter into correspondance with you at this stage but to refer you to apex credit management.

So fine, send one of these back to see what they say to that.. Keep blagging for now, if they do issue a claim you can admit it and settle at any point - long before court!

--> Our Templates | Unenforceability Templates | Threat by Creditor - Threat-o-Gram Letter Before Action

[snowy]

Re: Snowy's Diary

Have you raised any dispute with Halifax about this account Snowy? Have you had a Default Notice?

That's a pathetic excuse for a Letter Before Action. most likely a legal threatogram but I don't like that they've said "without further notice".

Default issued Feb 2010. Niddy says enforceable. more details here
New Debt Four - Halifax Credit Card

Type of account - Credit Card
Date commenced - 16/02/09
Approx balance - £2202.84
Date last paid - June 2009
Are you on arrangement or not paying - Last payment via DMP paid 24 July 2012. DMP now cancelled.
Status - Default February 2010
Account owner - Robinson Way

22/08/12
Sent CCA by first class recorded delivery with £1 postal order - DMP cancelled so no further payments

25/08/12
Compliment slip returning £1 postal order stating we have requested the info you require and have sent you a separate letter explaining our process

05/10/12
Letter received from Halifax stating they cannot trace my account using the details provided. I sent the letter to Robinson way quoting their reference and Halifax cant find me using robinson ways reference!! CCA sent 08/10/12 to Halifax quoting Halifax ref instead......

17/11/12
Received reconstituted version of the agreement comprising original terms and conditions and a copy of original signed application form.

20/11/12
Niddy confirms ENFORCEABLE

08/12/12
Letter received from Halifax Bank stating debt transferred to DCA - Apex Credit Management Ltd.

22/12/12
Letter received from Apex same day requesting contact.

04/01/13
Letter received from HL Solicitors stating they have been instructed by Apex Credit Management. Letter headed NOTICE OF PENDING LEGAL ACTION.

[snowy]

Re: Snowy's Diary

So fine, send one of these back to see what they say to that.. Keep blagging for now, if they do issue a claim you can admit it and settle at any point - long before court!

--> Our Templates | Unenforceability Templates | Threat by Creditor - Threat-o-Gram Letter Before Action

Thanks Niddy. Will do threato-gram letter now and get it posted off tomorrow. When you say if they issue a claim - you mean a CCJ? I thought once a CCJ claim is issued then thats it you cant settle before the CCJ is awarded because of the costs etc??

[Never-In-Doubt]

Re: Snowy's Diary

Thanks Niddy. Will do threato-gram letter now and get it posted off tomorrow. When you say if they issue a claim - you mean a CCJ? I thought once a CCJ claim is issued then thats it you cant settle before the CCJ is awarded because of the costs etc??

They issue a claim (N1) - you can then admit/counterclaim or defend it. In your case if any N1 came you would ring the solicitor and come to an agreement and then let them cancel the claim. You do have time to resolve things, don't worry.

The CCJ is only issued if a judge says so, so thats a month after the N1 comes at least - by then you'd have already negotiated with the OC to avoid a CCJ. If for any reason the judge issued a CCJ you can pay it within a month and it goes away. If you pay after that month, it lasts 6 years

I'd not worry too much, unless you want to try and settle at this stage...?

[snowy]

Re: Snowy's Diary

Your advice is really useful Niddy as is the rest of the team on here.

Do i compose my threat o gram to Apex Credit Management (The DCA) or send it to HL Solicitors? Even though HL letter states please send all correspondence to Apex. I have received my CCA from Halifax already which you have confirmed is enforceable, is this letter just blagging for more time?

[Never-In-Doubt]

Re: Snowy's Diary

Your advice is really useful Niddy as is the rest of the team on here.

Do i compose my threat o gram to Apex Credit Management (The DCA) or send it to HL Solicitors? Even though HL letter states please send all correspondence to Apex. I have received my CCA from Halifax already which you have confirmed is enforceable, is this letter just blagging for more time?

Send the threat template to those that made the threat - HL Legal.

Apex, no need to write to them right now.

[Undercover Elsa]

Re: Snowy's Diary

They have been very aggressive threatening this less than a month after buying the debt.
What are your general circumstances Snowy...do you own your own home? Are you on benefits?

[snowy]

Re: Snowy's Diary

They have been very aggressive threatening this less than a month after buying the debt.
What are your general circumstances Snowy...do you own your own home? Are you on benefits?

Hi my home is mortgaged and am working full time. I just totally overcomitted myself

[Undercover Elsa]

Re: Snowy's Diary

Ok..just looking for ways to negotiate if the time comes. Meanwhile keep blagging but might be an idea to start squirrelling something away in case they would be amenable to a full and final further down the line...

[Never-In-Doubt]

Re: Snowy's Diary

Ok..just looking for ways to negotiate if the time comes. Meanwhile keep blagging but might be an idea to start squirrelling something away in case they would be amenable to a full and final further down the line...

wise words.....

[Undercover Elsa]

Re: Snowy's Diary

Worked for me....with your help!

[snowy]

Re: Snowy's Diary

New Debt Six - Bank Of Scotland Current Account
This is an old closed overdraft

Type of account - Overdraft
Date commenced - 22/08/06
Approx balance - £1370.61
Date last paid - February 2010
Are you on arrangement or not paying - Final DMP payment made 24 July 2012. DMP now cancelled.
Status - Default September 2010
Account owner - BLS Collections

22/08/12
Sent CCA by first class recorded delivery- DMP cancelled so no further payments

02/11/12
Letter received from Bank of Scotland stating that the account has now been sold to Cabot Financial Services from 2/10/12. Under the terms of this assignment and as defined in the DPA 1998 Cabot is now the Data Controller of your personal data contained in the records of this account.Cabot Financial (Europe) Limited has been appointed by Cabot Financial (UK) Limited, to manage your account in line with the arrangements agreed with BLS Collections. It is essential that all future payments and correspondance regarding this account now be directed to Cabot Financial (Europe) Limited. Also Letter from Cabot received stating they are now owners.

I have sent letter to Cabot stating account sold whilst in dispute.

11/12/12
Letter from Cabot stating that Bank Of Scotland did not receive a CCA and furthermore this account relates to a current account and as such there is no need for us to provide a copy of your credit agreement under the CCA for current accounts or overdraft facilities. Please make arrangements to pay.

I checked the Post Office - the CCA request was lost!!

Im going to send another CCA off to CABOT. But in their previous letter they state this account relates to a current account and as such there is no need for us to provide a copy of your credit agreement under the CCA for current accounts or overdraft facilities- is this true??