Gregco UE diary

[gregco]

Re: Gregco UE diary

I've received my official Final Response letter from Buchanan, whom took it upon themselves to respond to a complaint from me, which I only sent the sold in dispute letter to them, below is their reply to that letter, and subsequent specified action requirement by myself from them. Ergo, I believe turning the onus on myself to acquire the CCA directly from HSBC, confirming the dispute, and then telling them of this fact???


I write with regard to your letter of January 15, 2013, issued in relation to the aforementioned account.
I can confirm we have undertaken substantive investigations into your claims and have concluded that your complaint has been refuted. The reasons for this are detailed below.
BCW Group acts in good faith on the information and instructions issued to us by our clients. We are passed this information on the basis that the information provided is true and correct at the time of issue. We were, at no time, advised by our client of any ongoing disputes or unresolved complaint issues. In this instance, we were passed an account in your name with instructions to pursue for the full balance accordingly. By passing the matter to this office for debt recovery purposes our client was satisfied that the balance is due and collectable.

Your above referenced letter is the first contact we have received from you and was the first intimation we received regarding your dispute of service issues with HSBC Bank Pic. We could not therefore have considered the account to be in dispute previously and taken any action to cease collection activity whilst your claims were investigated.

We duly acted upon the information provided and requested the relevant documentation from HSBC Bank Pic. Our client has responded and advised that you are to contact their Service Improvement Team for the documents to be requested.

A cessation of collection activity will remain on your account for a further 30 days to allow you to act on the information provided and contact our client directly for the required documentation. Once you have received the given documentation, please provide details and documentation to support any dispute you have with our client, HSBC Bank Pic. In the absence of any dispute, please contact this office directly to discuss your repayment options.

***8226; Type of account credit card HSBC
***8226; Date commenced Feb 2006
***8226; Approx balance £2755 although before charges etc £2472
***8226; Date last paid July 2011
***8226; not paying
***8226; Status default
***8226; Account owner Central Debt Recovery Unit
***8226; Has PPI

12/3/12 received from Buchanan a 'final Response'
27/02/13 received from Buchanan a 'complaint' raised by me is under investigation, final response in 4 weeks.
25/01/12 received a being investigated 'cease all action' from Buchanan
12/1/13 Sending Sold in Dispute letter
12/1/13 Received Welcome letter from Buchanan asking for payment dated 9/1/13
Metro just confirmed account being refereed to Buchanan & Wells

yup!

[MrsD]

Re: Gregco UE diary

I'd be tempted to send the stupid buggers a one liner pointing out your sold in dispute as they obviously haven't/can't/won't read it.

This is a classic, a big boy done it, it's no ma fault, it wisnae me pile of pooh.

[vint1954]

Re: Gregco UE diary

unbelievable isn't it.

Of course they are responsible, they wrote to you after money. They have a duty of care to ensure that it is owed and not disputed before chasing.

Chancers.

[gregco]

Re: Gregco UE diary

I feel I should be replying to them that; I have already tried to request the information set out prior to your intervention with your client and subsequent DCA who also claim an account with me. I am still waiting a reply from this initial request, and until I have the complete CCA request, this account will be deemed UE...The onus is not for me to prove dispute for an account you claim I owe money to!!

If anyone has anything to add please jump in.

[gregco]

Re: Gregco UE diary

I have received a very curt letter from DCA....

We write further to your 07 March 2013 letter in respect of the above matter.
The contents of which are noted, and whilst you are entitled to your opinion we do not agree.
In light of the above we will now proceed to issue a County Court Claim against via our solicitors Moon Beever.
We would invite you to seek independent legal advice.
Yours faithfully..

I guess I'm to expect some court papers in the not too distant future!!!

I'm no expert in the area of agreements, but the little understanding I do have would lead me to air on the side of caution against fighting this as I will incur additional court costs. If at the end of the day I can not pay anyway why should I delay the inevitable.

As you can see from the post below this has been deemed UE, however I've lost the will to fight, I am not 100% convinced this is totally UE because of the date of initial agreement, but like I said I'm no expert.

Hello,

All was quiet on the home front then on Friday 9th November Con collections decide to break the peace and quiet by sending me a 'true copy' of my credit agreement 'at the time the account was opened' & 'at the point of default' with a 'statement of account'; Which in my opinion is a little thin. There are no dates on it saying "your account was opened on 'today' date" only a header with the date on it, there are no signiture's, digital or else. So I'm thinking get off photoshop and get a proper hobbie...Any way.

As there is no confirmation on when this account was opened and I'm a little vague, where do I stand on the whole UE?

Think this is Niddy expert area for consideration or is it fact not enforceable as no signature?

Sounds like it was from Jan 2008, not good for UE purposes...
I bet you won't eat or sleep till they contact you.


I never heard from them once they started investigating, over a year ago!

Mate

You sent me two attachments agreed?

The first, titled: credit agreement CITI.pdf is literally a copy of the PT's on a print out, this by itself does not comply with s,78 let alone satisfy it. So we then move on to the second attachment entitled: response to s78 and current Opus agreement.pdf is clearly an Opus recon - the very first paragraph tells you that:

Progressive Credit is Opus owners. Its nothing to do with Citi

You have not been sent relevant s.78 so they are in default. Hence this is the correct template to send out: --> Our Templates | Unenforceability Templates | CCA Query - Creditor Refusal to Accept UE Status

At the present time this is

[MrsD]

Re: Gregco UE diary

Gregco

there is a response to an LBA knocking about, let me have a look for you.

do you want to fight this or roll over, this mob are quite court happy so very likely there will be papers on their way

it's not huge, could you do a deal to settle?
can you afford monthly payments?
do you have property or is a CCJ not really of much importance?

[gregco]

Re: Gregco UE diary

I do not own property.
I do not have assets, no Monet in the 'garage' not even a Car.
I can not settle, as no off shore bank accounts.
I can not afford repayment as no income. I'm technically not entitled to JSA so only benefits are HB and CB.
Am I worried about CCJ, well I think its a little to late to do anything about as I have a very recent CCJ with MBNA, well 2. which I can not pay.

As you can see I'm in a position to roll over, without severe repercussion. I have considered what ifs, and I think the final course would be High Court Bailiffs with a writ, although their powers are limited!!

Its do nothing or bankruptcy!

Gregco

there is a response to an LBA knocking about, let me have a look for you.

do you want to fight this or roll over, this mob are quite court happy so very likely there will be papers on their way

it's not huge, could you do a deal to settle?
can you afford monthly payments?
do you have property or is a CCJ not really of much importance?

[MrsD]

Re: Gregco UE diary

OK then if you fight it's just for honour really.................

I might send a one liner in your shoes reminding them of the creditor refusal to accept UE and suggesting they read it.

other than that, if you get papers, I'd fill in the time to pay bit with the absolute truth, if you ain't got nothing, it's a terrible waste of money to pursue you through the courts and it's not a bad idea to make them aware of this. these letters remember come from a big meat grinder, they have no idea whether you can pay or not and it costs them money to go to court, if they ain't getting anything now, they ain't getting anything post court either.

[ScabHunter]

Re: Gregco UE diary

Its do nothing or bankruptcy!

It is still better to try to fight off the court papers if possible, or to defend the case if it becomes necessary, assuming you have something to defend it with.

We can work out a response letter to the threat of court, but we need information from which to work. If you can create a time line detailing everything which has happened for this case since the very start, we would then know what was the best response.

Have a look at this example, and see if you can create something similar -

allaboutFORUMS - View Single Post - mehim's UE Diary

SH

[Undercover Elsa]

Re: Gregco UE diary

Should you need it, the LBA response is here:
allaboutFORUMS - View Single Post - Slickfm UE Diary
.

[Undercover Elsa]

Re: Gregco UE diary

Posts crossed as I'm on the iPad without my links so had to hunt it down

[Undercover Elsa]

Re: Gregco UE diary

Gregco, are your combined debts under £15,000? (Including priority debt arrears such as Rent/Council Tax)

If so have you looked at Debt Relief Orders?
Citizens Advice - Debt relief orders

[gregco]

Re: Gregco UE diary

That's a sore subject, My debts are about 17k in total, now including charges. I think I might just have been below when I could no longer afford the repayments, but not now. I have looked into DRO if a debt is UE, there seems to be no specific answer although as I would still technically owe the money I would have to declare it bringing the total back up and over the 15k threshold. I've thought about declaring specific creditors to reduce the amount but the DRO check against my credit file, and there's no OC which will gladly and or willingly remove the credit mark against me, UE or not. I think ,my next legit and logical step was BR...Still, that cost money too!! They once said I can use a CC to pay for a BR, which made me chuckle.

[Undercover Elsa]

Re: Gregco UE diary

Damn

I have to go cook things, but I'll have a proper read through your thread in the morning. Do you have any health issues we could incorporate into a stiff letter to them about your circumstances? (You can reply by PM if you wish)
Also, it might be a good idea to complete a NEDCAB I&E to drive the point home that it's futile to waste money taking you to court.
North East Derbyshire Citizens Advice Bureau

Elsa x

[Pixie]

Re: Gregco UE diary

You're in good hands with Elsa gregco. If there's a way, she'll find it!