Snowy's Diary

[ScabHunter]

Re: Snowy's Diary

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??

Have you read this thread?

Overdrafts - CCA Information - allaboutFORUMS

If not, do so before deciding how to handle this.

There is much which is experimental and unproven, but there is a strategy for handing this type of situation.

SH

[snowy]

Re: Snowy's Diary

Have you read this thread?

Overdrafts - CCA Information - allaboutFORUMS

If not, do so before deciding how to handle this.

There is much which is experimental and unproven, but there is a strategy for handing this type of situation.

SH

Thanks for this useful info.I will send off Part 2 - The Response tomorrow, with a copy of my original request.

[snowy]

Re: Snowy's Diary

New Debt Seven - Halifax Loan

Type of account - Loan
Date commenced - 30/03/09
Approx balance - £7092
Date last paid - June 2009
Are you on arrangement or not paying -Final DMP payment made 24 July 2012. DMP now cancelled.
Status - Default November 2009
Account owner - Capquest

20/08/12
I intend to send a Data Protection request to obtain details of all overdue charges/default fees to try and claim back

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

01/09/12
Letter received from Capquest. Account on hold for 28 days. Info will be obtained and sent to me.

26/09/12
Letter received from Halifax with copy of loan agreement. Uploaded to secure area for Niddy to check.

24/10/12
Niddy confirms . CCA missing prescribed terms letter sent 25/10/12

15/11/12
Letter received from Capquest stating that they no longer deal with collection of this debt and have returned to Halifax.

16/11/12
Letter from Bank Of Scotland stating debt transferred to DCA - Wescot Credit Services

22/11/12
Letter from wescot - Pay

02/12/12
Letter from Wescot headed FINAL NOTICE

12/12/12
Letter from Nelson Guest Solicitors - instructed by wescot regarding balance asking for a reduced settlement.

Any idea what I can do with this one. CCA sent and details provided back to me have been checked by Niddy as enforcable. I did send Capquest a CCA missing prescribed terms letter on 25/10/12 to which i have had no reply to.......

Are there any more letters I can send or shall I make a repayment plan with them?

[jon1965]

Re: Snowy's Diary

Snowy as you will see from my UE daiary, Westcotts can not read and have wice written back after the OD letter 2.
All I have done is to reply referring them to my previous letter, in this last one I put the EU directive bit in bold and am sending Pixie to Hull with the Peter and Jane books (am I showing my age?)

I mean I know it's Yorkshire and they are a bit thick but for gods sake
OH is from Barnsley so I am brave or stupid

[MrsD]

Re: Snowy's Diary

Any idea what I can do with this one. CCA sent and details provided back to me have been checked by Niddy as enforcable. I did send Capquest a CCA missing prescribed terms letter on 25/10/12 to which i have had no reply to.......

Are there any more letters I can send or shall I make a repayment plan with them?

I would sent off a sold in dispute if this is the first time you've heard from Nelson Guest (who are a right bunch of diddies)

[snowy]

Re: Snowy's Diary

New Debt Five - Capital One Credit Card

This is included in my DMP

Type of account - Credit Card
Date commenced - 31/08/05
Approx balance - £933
Date last paid - October 2009
Are you on arrangement or not paying - Payments via DMP up to date. DMP final payment 24 July 2012. DMP now cancelled.
Status - Default October 2009
Account owner - Capital One

20/08/12
I intend to send a Data Protection request to obtain details of all overdue charges/default fees to try and claim back

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

21/10/12
Letter received from Capital One enclosing copy of signed credit agreement dated 2005. Scanned onto secure area for Niddy to check.

24/10/12
Niddy confirms its CCA Query-Missing prescribed terms letter issued 25/10/12 as per instructions. Hanging fire to see what happens.

17/11/12
Letter received from Capital One stating that they have instructed Credit Solutions to act on their behalf. Letter received 12/11/12 from Credit Solutions headed formal demand and requesting payment.

24/10/12
Letter received from Capital One in response to my Missing prescribed terms letter. States they have fully complied with the requirements of S78 of the CCA. Wait for Niddys response now.....................

07/11/12
Letter from Capital One stating they have instructed credit solutions to act on their behalf. they will be in touch shortly.

12/11/12
letter from credit solutions stating they are dealing with account now.

I have sent a letter to Credit Solutions stating that I have requested a subject access request and paid £10

27/11/12
Letter from credit solutions - thanks for correspondence. we will be in contact in due course.

05/12/12
letter from capital one regarding SAR request and requesting copy of passport or driver licence a my signature does not match their records. Response sent 06/12/12 with details as requested.

14/01/13
Letter from Credit Solutions stating PAY UP

21/01/13
Letter from Power2contact stating they have been instructed by our client to visit your address to collect the debt and providing times of visits. PARK AND WAIT.

30/01/13
Letter from Credit Solutions stating following a review of my account our client is prepared to offer me a 40% discount!

Received a Letter today from Credit Solutions stating following a review of my account our client is prepared to offer me a 40% discount!....might be tempted to take them up on this!

[ScabHunter]

Re: Snowy's Diary

Received a Letter today from Credit Solutions stating following a review of my account our client is prepared to offer me a 40% discount!....might be tempted to take them up on this!

I wouldn't be.

If they had any idea that the alleged debt was enforceable, they wouldn't be making such silly offers. This is just the machine spewing out the same rubbish to everyone, whatever their circumstances.

It would make me even more determined to stick to the blagging course.

SH

[snowy]

Re: Snowy's Diary

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.

10/01/13
Threat O Gram letter sent by recorded delivery to HL Solicitors in response.

13/01/13
Letter from Apex stating they will be returning my account to our client - they will either consider taking further action or placing your account with another agency.

25/01/13
Response from HL Solciitors stating they have forwarded a copy of my letter to Apex. Please contact the client direct. Their instructions in respect of this matter are limited and we are not currently instructed to enter into correspondance with you.

06/02/13
Letter from Apex. Our client has requested we contact you to arrange payment of the outstanding balance.

08/02/13
Letter from Apex. Thanks for your correspondence. We have not received a letter from you requesting copy of CCA agreement. Please request it if needed.

18/02/13
Letter from Apex headed Home Visit Appointment. You are at risk of your account passed to an external field agent to collect the outstanding debt. Please contact us to arrange repayment.

22/02/13
Harassment & Threat of doorstep visit plus CCA reminder - uNEnforceability threat letter issued to Apex.

27/02/13
Letter from HL Solicitors headed Notice of pending legal action. Identical to one issued 04/01/13 Advising me to contact Apex Credit Management but have been instructed not to enter into correspondance with me. Filed this as have already written to HL solcitors previously.

14/06/13
Letter from Halifax stating they have been unable to agree a suitable payment plan. Passed to Wescot.

20/06/13
Letter from Wescot, balance is due for payment.

How do I deal with Wescot now regarding this account? Its enforceable per Niddy. Are there any letters I can send

[SXGuy]

Re: Snowy's Diary

Send the account sold whilst in dispute letter. Even though its enforceable, you still treat it as though it isnt.

[snowy]

Re: Snowy's Diary

New Debt Two - MBNA/Virgin Credit Card

I make payments of £10 per month via standing order myself.

Type of account - Credit Card
Date commenced - 28/05/2008
Approx balance - £310
Date last paid - October 2011 and on arrangement last payment paid 24 July 2012.
Are you on arrangement or not paying - Arrangement £10 per month up to date - payments now cancelled.
Status - Default March 2012
Account owner - ExpertoCredite

20/08/12
I intend to send a Data Protection request to obtain details of all overdue charges/default fees to try and claim back

22/08/12
Sent CCA by first class recorded with £1 postal order- Payments cancelled

25/08/12
Letter received from Experto Credite. We are liasing with MBNA for the documents and will be in touch

January 2013
PARKED - as no other correspondence received from Experto Credite since they wrote to me on 23/08/12

09/10/13
Copy agreement supplied. Now requesting that I pay up. Scans to Niddy to see is Enforceable.

[snowy]

Re: Snowy's Diary

New Debt Two - MBNA/Virgin Credit Card

I make payments of £10 per month via standing order myself.

Type of account - Credit Card
Date commenced - 28/05/2008
Approx balance - £310
Date last paid - October 2011 and on arrangement last payment paid 24 July 2012.
Are you on arrangement or not paying - Arrangement £10 per month up to date - payments now cancelled.
Status - Default March 2012
Account owner - ExpertoCredite

20/08/12
I intend to send a Data Protection request to obtain details of all overdue charges/default fees to try and claim back

22/08/12
Sent CCA by first class recorded with £1 postal order- Payments cancelled

25/08/12
Letter received from Experto Credite. We are liasing with MBNA for the documents and will be in touch

January 2013
PARKED - as no other correspondence received from Experto Credite since they wrote to me on 23/08/12

09/10/13
Copy agreement supplied. Now requesting that I pay up. Scans to Niddy to see is Enforceable.
Niddy states Enforceable

21/10/13
Letter from Experto Credite providing a statement of account.

31/10/13
Letter from ExpertoCredite stating that Varde Investments (Ireland) have now purchased the account from MBNA Europe Bank. They are now the legal owner of the account. Under the terms of the assignment ExpertoCredite has been appointed by Varde Investments to recover the balance outstanding. Please pay the balance in full.

Any idea if I can stall this one at all? The account has been purchased by Varde Investments but do not have an assignment letter from MBNA. Is it worth requesting this or anything else i can send please?

[MrsD]

Re: Snowy's Diary

you could blag it by sending http://www.all-about-debt.co.uk/old/...escribed-terms, just be careful with Varde and keep a weather eye on it

[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 - Cabot

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!!

10/01/13
.Response letter issued to Cabot.Overdrafts - CCA Information - allaboutFORUMS

16/09/13
Letter from Cabot asking me to pay the balance. Response issued asking for a reply to my letter sent 10/01/13.

25/09/13
Letter from Cabot offering 30% discount to settle the account

14/10/13
Letter from Cabot regarding my letter sent 16/09/13. Stating that the letter they issued in December 2012 clearly outlined the situation which remains the same. Copies of notice of assignment attached from Bank Of Scotland dated 02/11/12 stating that they have assigned the account to Cabot from 02/10/12. They havent supplied me with the docs as requested though......

Any ideas what to do with this one also - This is an old closed Bank account with overdraft. I have sent the Bank Account overdraft dispute letter as contained in the useful forms section and they have bounced it back to me.

[Pixie]

Re: Snowy's Diary

You could try sending this:

"Dear Sirs,

Account No/Reference No: XXXXXXXX

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

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

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

As I held what can only be regarded as an 'Agreed Overdraft', which has now reverted to an 'Unauthorised Overdraft' then the lending becomes regulated in line with c.39 Part VA (s.74) (s.1(b)) CCA1974 meaning the normal rules and CCA(1974) protection applies to this account.

The account holder should be sending an annual reminder to me regarding the overdraft, as well as copies of the original agreement made, and an annual renewal form that contains the relevant prescribed terms that are clearly outlined in s.74(A)2(a,b,c,d,e). I highlight this provision for your perusal;

s.74A(2) The current account agreement must include the following information at the time it is made:

(a)the rate of interest charged on the amount by which an account-holder overdraws on the current account or exceeds the pre-arranged overdraft limit,
(b)any conditions applicable to that rate,
(c)any reference rate on which that rate is based,
(d)information on any changes to the rate of interest (including the periods that the rate applies and any conditions or procedure applicable to changing that rate), and
(e)any other charges payable by the debtor under the agreement (and the conditions under which those charges may be varied).

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

s.74B(2) The matters referred to in subsection (1) are:

(a)the fact that the current account is overdrawn or the overdraft limit has been exceeded,
(b)the amount of that overdraft or excess,
(c)the rate of interest charged on it, and
(d)any other charges payable by the debtor in relation to it (including any penalties and any interest on those charges).

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

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

Yours faithfully,"

[snowy]

Re: Snowy's Diary

New Debt Five - Capital One Credit Card

This is included in my DMP

Type of account - Credit Card
Date commenced - 31/08/05
Approx balance - £933
Date last paid - October 2009
Are you on arrangement or not paying - Payments via DMP up to date. DMP final payment 24 July 2012. DMP now cancelled.
Status - Default October 2009
Account owner - Capital One

20/08/12
I intend to send a Data Protection request to obtain details of all overdue charges/default fees to try and claim back

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

21/10/12
Letter received from Capital One enclosing copy of signed credit agreement dated 2005. Scanned onto secure area for Niddy to check.

24/10/12
Niddy confirms its CCA Query-Missing prescribed terms letter issued 25/10/12 as per instructions. Hanging fire to see what happens.

17/11/12
Letter received from Capital One stating that they have instructed Credit Solutions to act on their behalf. Letter received 12/11/12 from Credit Solutions headed formal demand and requesting payment.

24/10/12
Letter received from Capital One in response to my Missing prescribed terms letter. States they have fully complied with the requirements of S78 of the CCA. Wait for Niddys response now.....................

07/11/12
Letter from Capital One stating they have instructed credit solutions to act on their behalf. they will be in touch shortly.

12/11/12
letter from credit solutions stating they are dealing with account now.

I have sent a letter to Credit Solutions stating that I have requested a subject access request and paid £10

27/11/12
Letter from credit solutions - thanks for correspondence. we will be in contact in due course.

05/12/12
letter from capital one regarding SAR request and requesting copy of passport or driver licence a my signature does not match their records. Response sent 06/12/12 with details as requested.

14/01/13
Letter from Credit Solutions stating PAY UP

21/01/13
Letter from Power2contact stating they have been instructed by our client to visit your address to collect the debt and providing times of visits.

30/01/13
Letter from Credit Solutions stating following a review of my account our client is prepared to offer me a 40% discount!

04/02/13
Letter from credit solutions headed LEGAL NOTICE. Our client is not prepared for this sum to remain outstanding any longer Please pay within 7 days or court proceedings may be commenced against you.

19/02/13
Letter from credit solutions stating following a review of my account my client is prepared to accept £461.93 in settlement of the account which is a 50% discount !

22/02/13
CCA reminder - Unenforceability Threat Letter issued to Credit Solutions

07/03/13
Letter received from Credit Solutions. Confirming that my phone number has been removed and all contact will be in writing. They have no record of a CCA request from me and wish for further details............ I have sent another letter to these stating that i have sufficient documentation and the relevant fee.

07/03/13
Another letter from Credit Solutions - must have crossed with previous one but dated 7/3/13 stating thanks for your correspondance. please bear with us whilst we attend to the matter.

26/06/13
Letter from Capital One stating that the account has been brought back to Capital One

30/07/13
Letter from Capital One stating that the account was sold to Lowell on 18/07/13

30/07/13
Letter from Lowell stating that the balance is payable - Unenforceability Threat Letter issued to Lowell 13/08/13 - await response

10/09/13
Letter from Lowell and providing copy statements of my account. I have noticed that the balances claimed are different from what is on the statement.

Letter issued to Lowells disputing the accuracy of the account and the balance quoted.

11/11/13
Letter from lowells stating that they have been in touch with Capital One and they confirm that the balances are correct. The balance is payable.

The balance they state is outstanding is £923.86.

Statement dated 06/07/09 – there is a nil balance



Statement dated 06/08/09 – New balance of £1064.21 which consisted of the following transactions:-



- 14/07/09 CASH ADVANCE FEE £15.00

- 06/08/09 CASH INTEREST £22.21

- 14/07/09 CZ TRADING LIMITED £500.00

- 20/07/09 OVERLIMIT DE £12.00

TOTALS £549.21



This is quite clear that the total balance owing is £549.21 yet the statement refers to an overdue balance of £1064.21



The next statement dated 06/09/13 details a new balance of £1088.21 along with further transactions as follows:-



- 01/09/09 LATE OR FAILURE TO PAY £12.00

- 20/08/09 OVERLIMIT DE £12.00


Lowells are now stating that two amounts of £500 were paid out on 14/07/09, yet the statements do not refer to this.

Is there anything I can do about this at all? Any help would be appreciated