Pezman's Diary

[Pixie]

Re: Pezman's Diary

Hi Guys, just thought I would update you on this account: 07.12.12 Letter received from Crackpot stating they are unable to obtain CCA and as such the account is unenforceable. Please contact to arrange payment (Yea right) Many thanks to you all for the support, this is a good result, yes? Cheers Pez

What a nice Christmas present form them!

[jon1965]

Re: Pezman's Diary

Great result and to be fair to cabot when they said that to me they have left me alone.

I am sure you are aware what enforcement is and isn't so yes keep that letter very safe. Things like that I have on my hard drive, on a USB drive, on an external hard drive and in paper form. The USB is on my keyring so it goes where I go.

Bloody nightmare keeping everything synced lol

[ken100464]

Re: Pezman's Diary

Just out of interest as I have none of these mythical beasts yet how do they show up on the CRA's?

Do the DCA's stop reporting on them and they just eventually wither away as an ex account or do they stay live till the 6th birthday of the default when they just vanish.

[pezman65]

Re: Pezman's Diary

Just out of interest as I have none of these mythical beasts yet how do they show up on the CRA's?

Do the DCA's stop reporting on them and they just eventually wither away as an ex account or do they stay live till the 6th birthday of the default when they just vanish.

Not sure why but my CRA is still showing at 96 Excellent. I expect it will plummet very soon, maybe other know the answer to this one, cheers to all, regards Pez

[jon1965]

Re: Pezman's Diary

Ken not sure what you mean but in this case as the last full payment was 2000 I assume that the account was defaulted sometime in 2001. That would fall off you credit file after 6 years and can not be re recorded even if it is sold on. Is that what you are asking?

If however the account has never formally been defaulted then it can still be done and reported to the CRA's
The phrasing of what UE allows and disallows always seems bizarre to me in that it allows the issuing of court documents but it disallows the obtaining of a judgement which is easy if you know about UE and defend, they waste lots of money etc but if you don't know and they get a judgement by default for example then what?

[ken100464]

Re: Pezman's Diary

Jon

Cheers my bad didnt realise it would already be SB. Teach me not to read it all back.

No I was asking if you had a live debt pre SB and you get one of these UE letters. Presume they just carry on reporting until 6 years then its gone. Or has anyone had a DCA just give up with it all together and expunge it from their books.

Your point on UE and court is interesting be good to debate off Pez's diary

[jon1965]

Re: Pezman's Diary

Ken that debt is not SB because Pez was paying up until recently on an arrangement.
AS for the reporting,well I have two accounts where the holder tells me that they can not find an agreement and until they do it is UE. They have continued to update my file saying default since then but they are due to fall off my file next year however will not become SB for another 5

I have always been told no need to check my file (well except by a certain want to be soldier and his buddy) but this was checked earlier in the year. Don't look these days

[pezman65]

Re: Pezman's Diary

Type of account - Loan

Date commenced - January 1998

Approx balance - £8037

Date last full payment - 13.08.2000

Are you on arrangement or not paying - Arrangement until 29.08.12

Status - Just cancelled DD

Account owner - Barclays 23

Key:
Blue - Communication Sent
Red - Communication Received

29.08.12 sent CCA request with £1 PO
14.09.12 letter received with copy of agreement. Emailed Niddy.
21.09.12 Niddy says UE to send missing PT template.
22.09.12 Sent Missing PT letter.
23.10.12 Letter received, looking into complaint and will contact me later
03.12.12 Letter received from BC stating responsibility for collecting this outstanding debt has been passed to Credit Solutions LTD.
15.12.12 Letter received from credit solutions stating they have been asked to recover the balance, failure to contact may result in 1, Doorstep visit 2, Debt sold on to new debt owner. Please contact asap.

Hi Guys, Letter received from credit solutions stating they have been asked to recover the balance, failure to contact may result in 1, Doorstep visit 2, Debt sold on to new debt owner. Please contact asap. Shall I send doorstep template with sold in dispute letter? many thanks Pez

[Deepie]

Re: Pezman's Diary

Hi Guys, Letter received from credit solutions stating they have been asked to recover the balance, failure to contact may result in 1, Doorstep visit 2, Debt sold on to new debt owner. Please contact asap. Shall I send doorstep template with sold in dispute letter? many thanks Pez

I would send Account sold in dispute letter if it were me........

[ScabHunter]

Re: Pezman's Diary

I would send Account sold in dispute letter if it were me........

So would I, but I would also put the doorstep template in with it. In fact, you could merge the two by adding the short doorstep paragraphs to the bottom of the A/C in Dispute letter. If you do that, use a sub-heading so it is clear that it is a separate section of the letter.

SH

[pezman65]

Re: Pezman's Diary

Thanks SH and I2D, will get that off on Monday, cheers Pez

[pezman65]

Re: Pezman's Diary

Type of account - Loan
Date commenced - 11/09/1998
Approx balance - £22.345 should be £1800 they have charged interest for last 12yrs
Date last full payment - June 1999 was paying £10.60 month until today
Are you on arrangement or not paying - Arrangement until 29.08.12 now not paying
Status - 29.08.12 cancelled DD
Account owner - Paragon Finance

Key:
Blue - Communication Sent
Red - Communication Received

29.08.12 requested CCA and sent £1 po
20.09.12 recieved agreement and conditions, emailed Niddy 2 docs.
23.09.12 Niddy says UE and to send missing PT Template, sent 24.09.12
16.10.12 Letter received stating they have fulfilled their obligation and will not release from obligation
05.11.12 Sent SAR request.
08.11.12 received default sums letter
17.11.12 received letter in response to my SAR request with copy of UE agreement - UE conditions and 6 pages of accounting showing every payment and all interest and charges since inception of the loan.This is exactly what they sent in response to my CCA request.
22.11.12 Sent Final Response SAR request
03.12.12 Letter received stating "We have provided your loan agreement on 3 occasions and have complied with a subject access request fully complying with our obligations. Income and expenditure form enclosed, please complete and send back within 30 days.
04.12.12 Sent ICO complaint.

Hi Guys, I have just been reading through Pauls blog and subsequest comments from others. Given the account above should I be writing to Paracrap and letting them know why I consider this account to be in dispute. At the moment I am just sending template letters re CCA and SAR info not been provided, I have also sent a letter to ICO re this. Should I let them know again that we had an agreement in 2000 to freeze interest and that the dispute is over how much I owe them not that I dont owe them anything. Just felt that if this does go to court the judge may not be happy that I have not pointed out to them what my dispute is about. What are you thoughts?, maybe others may benefit from doing this is you think is an option, cheers Pezman

[ScabHunter]

Re: Pezman's Diary

Hi Guys, I have just been reading through Pauls blog and subsequest comments from others. Given the account above should I be writing to Paracrap and letting them know why I consider this account to be in dispute. At the moment I am just sending template letters re CCA and SAR info not been provided, I have also sent a letter to ICO re this. Should I let them know again that we had an agreement in 2000 to freeze interest and that the dispute is over how much I owe them not that I dont owe them anything. Just felt that if this does go to court the judge may not be happy that I have not pointed out to them what my dispute is about. What are you thoughts?, maybe others may benefit from doing this is you think is an option, cheers Pezman

Consider for a moment what your objectives are. What you want to achieve is a period of six years in which no payment or written acknowledgment of the alleged debt exists. To achieve this, we defend, and counter whatever is thrown at us. If the enemy sends moronic templates making silly threats in an attempt to frighten, we just respond with templates to maintain the paper trail without wasting inordinate amounts of time and energy. If, on the other hand, an alleged creditor sends a letter of claim and is obviously serious about litigation, then we respond accordingly with a bespoke letter countering the points they make.

At the moment, they are just sending you templates and drivel. You have received nothing vaguely resembling a letter of claim, so in my view it would be premature to be responding to one. Keep those points for when they are needed.

The issue of the Subject Access Request is entirely separate from the issue of unenforceability, as being in default of such a request does not preclude enforcement in the way that being in default of s. 77 would do. The main purpose of trying to get hold of extra information was to be able to go through the official complaints procedure and on to the Fobbing Off Service. This is something else which is much more effective if it is not rushed. If you can make such a complaint within six months of the statute barring date, it will help to take it over the line.

Patience is the hardest skill to develop in handling a debt situation, but it is also the most valuable. I would just leave it alone for now and see what happens next.

SH

[pezman65]

Re: Pezman's Diary

Consider for a moment what your objectives are. What you want to achieve is a period of six years in which no payment or written acknowledgment of the alleged debt exists. To achieve this, we defend, and counter whatever is thrown at us. If the enemy sends moronic templates making silly threats in an attempt to frighten, we just respond with templates to maintain the paper trail without wasting inordinate amounts of time and energy. If, on the other hand, an alleged creditor sends a letter of claim and is obviously serious about litigation, then we respond accordingly with a bespoke letter countering the points they make.

At the moment, they are just sending you templates and drivel. You have received nothing vaguely resembling a letter of claim, so in my view it would be premature to be responding to one. Keep those points for when they are needed.

The issue of the Subject Access Request is entirely separate from the issue of unenforceability, as being in default of such a request does not preclude enforcement in the way that being in default of s. 77 would do. The main purpose of trying to get hold of extra information was to be able to go through the official complaints procedure and on to the Fobbing Off Service. This is something else which is much more effective if it is not rushed. If you can make such a complaint within six months of the statute barring date, it will help to take it over the line.

Patience is the hardest skill to develop in handling a debt situation, but it is also the most valuable. I would just leave it alone for now and see what happens next.

SH

Thanks SH, that makes complete sence. I was just getting a bit panicky after reading Paul's blog but I understand what you mean so I will wait with the big guns under cover, many thanks Pez

[pezman65]

Re: Pezman's Diary

Type of account - Loan
Date commenced - 11/09/1998
Approx balance - £22.345 should be £1800 they have charged interest for last 12yrs
Date last full payment - June 1999 was paying £10.60 month until today
Are you on arrangement or not paying - Arrangement until 29.08.12 now not paying
Status - 29.08.12 cancelled DD
Account owner - Paragon Finance

Key:
Blue - Communication Sent
Red - Communication Received

29.08.12 requested CCA and sent £1 po
20.09.12 recieved agreement and conditions, emailed Niddy 2 docs.
23.09.12 Niddy says UE and to send missing PT Template, sent 24.09.12
16.10.12 Letter received stating they have fulfilled their obligation and will not release from obligation
05.11.12 Sent SAR request.
08.11.12 received default sums letter
17.11.12 received letter in response to my SAR request with copy of UE agreement - UE conditions and 6 pages of accounting showing every payment and all interest and charges since inception of the loan.This is exactly what they sent in response to my CCA request.
22.11.12 Sent Final Response SAR request
03.12.12 Letter received stating "We have provided your loan agreement on 3 occasions and have complied with a subject access request fully complying with our obligations. Income and expenditure form enclosed, please complete and send back within 30 days.
04.12.12 Sent ICO complaint.

18.12.12. Hi Guys, another letter recieved from Paracrap stating the arrears have increased and they are now £42.40, they have also charged £10 to tell me this. They ask me to please call to discuss options. Do I need a response, perhaps a letter refering them to my previouse letter? what you think, many thanks Pez