Rhinoman UE Diary

[Never-In-Doubt]

Re: Rhinoman UE Diary

Update
18th of February 2011 I have today received the letter from Crappot it's not the news I was hoping full I will e-mail it to Sir Niddy:niddy to see what he thinks and what the next move should be.
It's basically saying they don't agree with what we say about it being unenforceable, Not accepting my offer for full and final, requiring me to fill in income and expenditure form before they can accept payment plan, and offering settlement figure nearly 3 times more then had been offered.
Incidentally this offer is higher than one Cabot offered by them previously when it was lumped together with two accounts this one the Citi and another debt which was statute barred (and the solicitor had not realised that and was negotiating on both of them.) So in other words now they want more for this one debt.

Hiya,

Just seen your email with their letter attached, its been sitting there a while (sorry) - just wondering if I need to do anything or whether you already replied (sorry not had a chance to catch up with thread to see).....

Let me know please, i'll retain the email for the moment until you advise what's happened since you made that post/sent the email.

Cheers

[rhinoman]

Re: Rhinoman UE Diary

Hiya,

Just seen your email with their letter attached, its been sitting there a while (sorry) - just wondering if I need to do anything or whether you already replied (sorry not had a chance to catch up with thread to see).....

Let me know please, i'll retain the email for the moment until you advise what's happened since you made that post/sent the email.

Cheers

Hi Niddy
I did what you said in your post in my diary #165 http://forums.all-about-debt.co.uk/s...&postcount=165

Hiya

I don't need to see letters, ONLY agreements unless I ask for a copy.... that's what fills my inbox and makes me run and hide for days at a time!

Ok, I suggest you copy that letter again and sent it with a one liner cover note saying "I strongly suggest you read, acknowledge and respond as appropriate, to each point made in my letter dated XX/XX/2011. I have made my position perfectly clear to you, I have also confirmed that I shall not complete I&E forms so please stop wasting both our times and accept the offer as made out in this letter"

See what they come back with...

Though I was not sure as they had appeared to answer the points in your special letter you have done for me a few weeks back.

http://forums.all-about-debt.co.uk/s...&postcount=132

That's why I had e-mailed the letter to you to see what you thought of what they had to say, Because they were going on about this and that reset the terms and conditions again, they were saying that it includes all the prescribed terms, Saying that it was legible, They also refused my full and final offer and had made a much larger counter offer which was a lot higher them on that they had made to me via the solicitors back in July, Their previous offer had been at around the 50% mark this new offer if of calculated correctly is coming out around 70%.
So if you could please read their letter and double check that we are on the right track.
kind regards
Thanks looking out for me Niddy:niddy
Rhinoman

[Never-In-Doubt]

Re: Rhinoman UE Diary

Right lets sort this...... ignore them!

Simple really, ignore them. You've tried to play fair, they are being nobs so don't give them the time of day. I do want to rip his letter apart and respond to each point but it won't achieve anything, nothing was reset and the fact he used such a ridiculous terms shows he's not worthy of the time it'd take me to create a specialised response - so i'm not going to.

Just ignore them, see what their next move is.

[Never-In-Doubt]

Re: Rhinoman UE Diary

So if you could please read their letter and double check that we are on the right track.
kind regards
Thanks looking out for me Niddy:niddy
Rhinoman

I have done, it's all refreshed now - however as mentioned above, they aint listening, so sod em! Simples really.

I know you want some clarity and closure on this but right now it won't happen. I can sort a reply with a stronger version of offer, if you really feel it is necessary - however they will decline, they always do. What do you want? I'll try and help best I can.

My advice, let them stew - then go back with a lower offer in 3 months time.

[rhinoman]

Re: Rhinoman UE Diary

I have done, it's all refreshed now - however as mentioned above, they aint listening, so sod em! Simples really.

I know you want some clarity and closure on this but right now it won't happen. I can sort a reply with a stronger version of offer, if you really feel it is necessary - however they will decline, they always do. What do you want? I'll try and help best I can.

My advice, let them stew - then go back with a lower offer in 3 months time.

Thank you Niddy
I guess that the ball is back in there court as I did do as you suggested I wrote and sent the one line letter with a copy of your special letter.
So I guess at the moment we just wait and see what comes back from them
I wasn't happy about offering them anything on the unenforceable account
The offer had been made by the solicitor I guess we were obliged to try and fulfil the offer and bring it to close.
They are greedy bastards, There offer previously made at 50% now they want 70%
Perhaps they want more out of me because recently I have managed to get them to agree 2 very old accounts are statute barred. Or is that just me being cynical.
So for now I guess we wait for them to respond to my letter earlier this week and depending what they say or do we will then try and ignore, is that some kind of plan that makes sense.
Regards Rhinoman
P.S. Yes you are right I do want closure on this one, I absolutely hate dealing with Crappot, dirty robbing underhand bunch of Muppets.

[Never-In-Doubt]

Re: Rhinoman UE Diary

Don't worry - they'll come back to you soon enough! Then we'll deal as appropriate - and revoke any past offers. See how they like getting £0 - greedy sods!

Keep us updated

[rhinoman]

Re: Rhinoman UE Diary

Don't worry - they'll come back to you soon enough! Then we'll deal as appropriate - and revoke any past offers. See how they like getting £0 - greedy sods!

Keep us updated

Will do, thank you:niddy

[Never-In-Doubt]

Re: Rhinoman UE Diary

Will do, thank you:niddy

[rhinoman]

Re: Rhinoman UE Diary

Update
21st of February 2011 Received a phone call from the Inland Revenue advising me that my claim for equitable liability has been accepted (my accountant has confirmed that I now have a zero balance showing revenues online system. But thinks that I may not get the very small tax rebate we thought was coming but he will have to look into that later) the revenue also informing that they will be replying to the court to have the CCJ set-aside and all this should confirmed in writing within the next few weeks.
I have today written a letter of complaint to the revenue complaining about the way that they have handled my tax affairs over the last 14 months. (It's a long story but I'll keep you informed of any developments is re-my complaint)

2nd of March 2011 Received the letter from the Inland Revenue along with a copy of application to have judgement set aside, but still my letter of confirmation that they have accepted my claim for equitable liability but I guess as they have put in the application for judgement to be set aside things must be okay and going according to their telephone call.
Re-my letter of complaint no answer as yet.

[Never-In-Doubt]

Re: Rhinoman UE Diary

2nd of March 2011 Received the letter from the Inland Revenue along with a copy of application to have judgement set aside, but still my letter of confirmation that they have accepted my claim for equitable liability but I guess as they have put in the application judgement to be set aside things must be okay and going to call please to their telephone call.
Re-my letter of complaint no answer as yet.

Best of luck matey - good going so far.... keep at it, you'll get there

[rhinoman]

Re: Rhinoman UE Diary

Update Accounts 8 and 9
10th of February 2011 Received the letter from CL Finance with reference to your recent letter of complaint, your complaint has been logged you will be dealt with according to our complaints procedure, and confirming they are currently investigating the issues and a formal response will be issued on completion of our enquiries. They have also enclosed is a copy of the complaints procedure and according to that should not take longer than 10 days to investigate my complaint.

9th of March 2011 Received a letter today from CL Finance in response to my complaint / Niddy special letter taken them a bit longer than 10 days and it's not the response I was hoping for in fact I'm not sure I fully understand it. So I will e-mail it to Niddy to see what he makes of it. and can maybe explained what it means and where I go from here, Thanks in advance
Regards Rhinoman

[Never-In-Doubt]

Re: Rhinoman UE Diary

9th of March 2011 Received a letter today from CL Finance in response to my complaint / Niddy special letter taken them a bit longer than 10 days and it's not the response I was hoping for in fact I'm not sure I fully understand it. So I will e-mail it to Niddy to see what he makes of it. and can maybe explained what it means and where I go from here, Thanks in advance
Regards Rhinoman

Hiya

Ok, they are pretty much saying that they can actually remedy a default so long as it does not put you in a worse position, so let them go ahead and backdate them - so long as the dates they refer to match the original DN that showed on your credit file, ie the oldest date. So for instance, if the two defaults read as January 2005 and June 2007, they could only backdate to the earliest date which would be Jan 2005. So going on their letter, they tell you the dates that they will apply the defaults - can you confirm is this the earliest date of the two defaults, for each account restrospectively?

In any case, it's not worth responding, they are playing silly beggars - point is they can remedy a DN to the point they state however usually it will entail errors of some capacity and we're kinda hoping that they default you before they were acting agents as this would help, if it ever went to court. What I mean by that, if they only assigned the debt in January 2011 they could not default you from January 2005 or whatever as they'd not be the ones whom you owed, or to whom you could remedy the breach. Also, the full amount can only be demanded by termination which must be on the back of a valid DN. As you have proof that the DN was invalid (as there are two versions for each account), then you'd win in court as technically they cannot terminate (and demand full repayment) on a bad DN as per the latest case law in K HARRISON v LINK FINANCIAL [2010]

Put in layman, they are going to make mistake after mistake here - don't you worry about it - leave them to it, and if it gets to court then we'll use this and the faulty DN's to get it set-aside or the likes.

Make sense?

[rhinoman]

Re: Rhinoman UE Diary

Hiya

Ok, they are pretty much saying that they can actually remedy a default so long as it does not put you in a worse position, so let them go ahead and backdate them - so long as the dates they refer to match the original DN that showed on your credit file, ie the oldest date. So for instance, if the two defaults read as January 2005 and June 2007, they could only backdate to the earliest date which would be Jan 2005. So going on their letter, they tell you the dates that they will apply the defaults - can you confirm is this the earliest date of the two defaults, for each account restrospectively?

In any case, it's not worth responding, they are playing silly beggars - point is they can remedy a DN to the point they state however usually it will entail errors of some capacity and we're kinda hoping that they default you before they were acting agents as this would help, if it ever went to court. What I mean by that, if they only assigned the debt in January 2011 they could not default you from January 2005 or whatever as they'd not be the ones whom you owed, or to whom you could remedy the breach. Also, the full amount can only be demanded by termination which must be on the back of a valid DN. As you have proof that the DN was invalid (as there are two versions for each account), then you'd win in court as technically they cannot terminate (and demand full repayment) on a bad DN as per the latest case law in K HARRISON v LINK FINANCIAL [2010]

Put in layman, they are going to make mistake after mistake here - don't you worry about it - leave them to it, and if it gets to court then we'll use this and the faulty DN's to get it set-aside or the likes.

Make sense?

Accounts No 8
the earliest default notice was in June 2007 this default notice came from CL finance Ltd, No default notice or termination notice received from the original lender GE money as far as my records and memory tells me.

Accounts No 9
the earliest default notice was in June 2007 this default notice came from CL finance Ltd, No default notice or termination notice received from the original lender GE money as far as my records and memory tells me.


The letter received on the 9th of March 2011 said June and July 2007. So are they about to make a mistake there.

Do I now do nothing and wait for them to register the defaults on my credit file, There are no defaults at present on those two accounts on my credit file.
I guess a little consolation if they do register them to June 2007 they will drop off a roundabout June 2013 which is better than if they register them at the more recent date of November 2010.

Once they have registered the defaults on my credit file. Do I resume paying the token payments on a monthly basis because I'm not sure but I want them to take me to court because of the risk of obtaining a CCJ which would then of course stay there for another six years, or do I pay them nothing in the hope that I do force their hand into taking me to court and hope they have made mistakes which will render the default notice faulty and then get them set aside.


I am really confused over this and do not know what to do for the best.

Regards
Rhinoman

[Never-In-Doubt]

Re: Rhinoman UE Diary

Just leave things and see what happens but keep a copy of your credit files safe, ie print a copy, so you can refer to the errors at a later date, if necessary.

Otherwise, do nothing right now.

[rhinoman]

Re: Rhinoman UE Diary

Hi All
It's all been very quiet lately until this last weekend when my true call started to intercept calls from Fredrickson International. not dealt with this lot before so unsure which account it is about will have to wait for them to write as I will not be answering their calls.
Regards
Rhinomam