ShedAnd Unenforcability Diary

[vint1954]

Re: ShedAnd Unenforcability Diary

At a guess we hold out for the next letter.

Yes, just wait for the next contact

[ShedAnd]

Re: ShedAnd Unenforcability Diary

RE: Lowels

30/04/13, Letter: as follows

I write further to my letter dated 26 march 2013 requesting additional information in relation to your concerns with the above account. Upon reviewing the account I note we have not received a response from you.

I remain committed to bringing this matter to a positive resolution and therefore could you please clarify if the signature showing on the agreement is yours and if you ever resided at #### and ####.

I have placed the account on hold for an additional 30 days to enable you to clarify this information. If a response is not received within this time I will have no alternative but to close your compliant and return the account for collections activity.

Hi If anyone could help please, is there a letter we could send them or just any advise.

Cheers SA

[MrsD]

Re: ShedAnd Unenforcability Diary

sorry Shed

what debt is this about?

[ShedAnd]

Re: ShedAnd Unenforcability Diary

LOWELL'S

Type of account: loan/CC

Date commenced: July 2002
Approx balance: £752.78

Date last paid (approximate date you last made a FULL payment)Before 2004

Are you on arrangement or not paying: DMP

Status Unknown
Account owner Lowell financial

17 Nov 2012 CCA Request sent

28/11/2012: Received a letter from them: saying they are requesting a copy of the CCA from the original lender (HBOS plc) also requiring proof of name change, ie, copy of marriage cert to update there records.

30/11/12: Recieved letter as follows.

We have requested a copy of your credit agreement.
Thank you for contacting us about your credit agreement. we have asked your originallender for a copy.

We will reply as soon as we can
we will do our very best to send you the information you asked for within 12 working days, but this does depend on when your original lender can send it. we will let you know if we do not hear from them in time.

We're here to help(Yeah right)
In the meantime if you have any more questions we'll be pleased to help you.Please do phone us on .

Thay must think I'm stupid too.

12/12/12: Letter from them,

News on your credit agreement request
We have been in touch with HBOS PLC about the copy of your credit agreement

They are letting us know they are trying to retrieve the agreement from thier archive.
As soon as we have it, we will send it to you.

What will happen next
In the event we cannot obtain a copy of the agreement we will write to you again and inform you of this. Once you have seen your agreement, we will ask you to pay in full.

19/12/12: letter of em.

We are waiting for your credit agreement.

22/12/12: Letter received, Credit agreement.

11/01/13: sent letter,

Not a true copy of CCA, 'date of birth not know to me'

23/01/2013: Letter received, Acc back on hold while in despute we will investigate.

16/02/13: letter off em.

ACC still under investigation.

13/03/13: letter off em.

I'm writing to update you on the progress of your complaint investigation. Thank you for your patience so far.

In order to investigate your complaint fully, it has been necessary to gather and review relevant information about your case and this is taking longer than anticipated. I hope to have completed my invetigation and be in a position to provide you with an update / full responce within the next two weeks.

As it has been eight weeks since we received your complaint you do have the right to refer your case to the Financial Ombudsman, although I trust that this will not be necessary. if you would like to discuss your case further at this stage, please feel free to contact me.

28/03/13 Received letter,

I regards to the letter received 14th jan 2013 Blah blah blah.

my findings:

Please let my clarify that the A/C was purchased from the original creditor, HBOS, as a valid debt requiring repayment and the agreement you received is a copy of what was signed at the time the loan was taken out.

I note from reviewing the A/C that we received no previous dispute in relation to this balance and you payment totalling £***.*** have been received and deducted from the amount owing. Due to this, we were led to believe that this was your loan and you were not disputing this.

To enable for us to review the matter further, could you please clarify if the signature showing on the agreement is yours and if you have resided at (address 1 of 2 address 2 of 2).
We take these matters seriously and we wish to fully investigate this matter for you.

Account on hold for 30 days.

30/04/13, Letter: as follows

I write further to my letter dated 26 march 2013 requesting additional information in relation to your concerns with the above account. Upon reviewing the account I note we have not received a response from you.

I remain committed to bringing this matter to a positive resolution and therefore could you please clarify if the signature showing on the agreement is yours and if you ever resided at #### and ####.

I have placed the account on hold for an additional 30 days to enable you to clarify this information. If a response is not received within this time I will have no alternative but to close your compliant and return the account for collections activity.

This one.

[MrsD]

Re: ShedAnd Unenforcability Diary

OK now I see

they are just blah blahing along with this one

I would send a one liner

Dear Pigface

I am in receipt of your somewhat puzzling letter of blah blah, may I refer you, once again, to my letter of (your CCA is rubbish version).

Your faithfully

Shed

[ShedAnd]

Re: ShedAnd Unenforcability Diary

OK now I see

they are just blah blahing along with this one

I would send a one liner

Dear Pigface

I am in receipt of your somewhat puzzling letter of blah blah, may I refer you, once again, to my letter of (your CCA is rubbish version).

Your faithfully

Shed

Cheers MrsD, I was just wandering if anyone could had to this as I really want to confuse the fuckers as they have got the DOB wrong by 2 months.

With the DOB been wrong does this deem as UE, as in if the court asks "is this you? (name address and DOB)" what is wrong, and I say no because of the DOB. it can not be enforceable, can it.

Thanks Shed.

[ScabHunter]

Re: ShedAnd Unenforcability Diary

Cheers MrsD, I was just wandering if anyone could had to this as I really want to confuse the fuckers as they have got the DOB wrong by 2 months.

With the DOB been wrong does this deem as UE, as in if the court asks "is this you? (name address and DOB)" what is wrong, and I say no because of the DOB. it can not be enforceable, can it.

Thanks Shed.

I think the error would be considered de minimis and of no consequence. It certainly wouldn't render anything unenforceable.

SH

[ShedAnd]

Re: ShedAnd Unenforcability Diary

Cheers SH, would there be any type of letter I could send as I believe the CCA is enforceable despite the mistake. IE, Blagging it.

Cheers Shed.

[ShedAnd]

Re: ShedAnd Unenforcability Diary

LOWELL'S

Type of account: loan/CC

Date commenced: July 2002
Approx balance: £752.78

Date last paid (approximate date you last made a FULL payment)Before 2004

Are you on arrangement or not paying: DMP

Status Unknown
Account owner Lowell financial

17 Nov 2012 CCA Request sent

28/11/2012: Received a letter from them: saying they are requesting a copy of the CCA from the original lender (HBOS plc) also requiring proof of name change, ie, copy of marriage cert to update there records.

30/11/12: Recieved letter as follows.

We have requested a copy of your credit agreement.
Thank you for contacting us about your credit agreement. we have asked your originallender for a copy.

We will reply as soon as we can
we will do our very best to send you the information you asked for within 12 working days, but this does depend on when your original lender can send it. we will let you know if we do not hear from them in time.

We're here to help(Yeah right)
In the meantime if you have any more questions we'll be pleased to help you.Please do phone us on .

Thay must think I'm stupid too.

12/12/12: Letter from them,

News on your credit agreement request
We have been in touch with HBOS PLC about the copy of your credit agreement

They are letting us know they are trying to retrieve the agreement from thier archive.
As soon as we have it, we will send it to you.

What will happen next
In the event we cannot obtain a copy of the agreement we will write to you again and inform you of this. Once you have seen your agreement, we will ask you to pay in full.

19/12/12: letter of em.

We are waiting for your credit agreement.

22/12/12: Letter received, Credit agreement.

11/01/13: sent letter,

Not a true copy of CCA, 'date of birth not know to me'

23/01/2013: Letter received, Acc back on hold while in despute we will investigate.

16/02/13: letter off em.

ACC still under investigation.

13/03/13: letter off em.

I'm writing to update you on the progress of your complaint investigation. Thank you for your patience so far.

In order to investigate your complaint fully, it has been necessary to gather and review relevant information about your case and this is taking longer than anticipated. I hope to have completed my invetigation and be in a position to provide you with an update / full responce within the next two weeks.

As it has been eight weeks since we received your complaint you do have the right to refer your case to the Financial Ombudsman, although I trust that this will not be necessary. if you would like to discuss your case further at this stage, please feel free to contact me.

28/03/13 Received letter,

I regards to the letter received 14th jan 2013 Blah blah blah.

my findings:

Please let my clarify that the A/C was purchased from the original creditor, HBOS, as a valid debt requiring repayment and the agreement you received is a copy of what was signed at the time the loan was taken out.

I note from reviewing the A/C that we received no previous dispute in relation to this balance and you payment totalling £***.*** have been received and deducted from the amount owing. Due to this, we were led to believe that this was your loan and you were not disputing this.

To enable for us to review the matter further, could you please clarify if the signature showing on the agreement is yours and if you have resided at (address 1 of 2 address 2 of 2).
We take these matters seriously and we wish to fully investigate this matter for you.

Account on hold for 30 days.

30/04/13, Letter: as follows

I write further to my letter dated 26 march 2013 requesting additional information in relation to your concerns with the above account. Upon reviewing the account I note we have not received a response from you.

I remain committed to bringing this matter to a positive resolution and therefore could you please clarify if the signature showing on the agreement is yours and if you ever resided at #### and ####.

I have placed the account on hold for an additional 30 days to enable you to clarify this information. If a response is not received within this time I will have no alternative but to close your compliant and return the account for collections activity.


05/06/2013: Letter

I write further to my letter dated 29 April 2013 requesting additional information in relation to your concerns with the above account. upon reviewing the account I note we have not received a response from you.

As I advised in my previous letter, if a response was not received, I would have no alternative but to close your complaint and return your account to collections. I have provided 60 days to enable you to discuss your concerns further, however, I am unable to move the matter forward without your assistance and therefore, the account will revert to normal collections activity.

Any advise on this please or even a letter I could send them, I believe this a/c is enforceable.

Cheers in advance.
Shed

[MrsD]

Re: ShedAnd Unenforcability Diary

I would do a one liner referring them to your sold in dispute letter, because they haven't answered the questions, they've just farted a lot of hot air................

[ShedAnd]

Re: ShedAnd Unenforcability Diary

they had given us 60 days and 2 letters for a response and now reverting it back to collections, so I don't think its been sold.

cheers Shed

[MrsD]

Re: ShedAnd Unenforcability Diary

was it not a HBOS account and is it not Lowells who are chasing you?

sometimes they only work on behalf of the OC, but the SiD still stands, is that not what you sent to Lowells originally?

[ShedAnd]

Re: ShedAnd Unenforcability Diary

Hi MrsD,

It was the 'forged document received' letter I sent them regarding the DOB being wrong.

When we requested the CCA it was with Lowells at the time.

Cheers Andy.

[MrsD]

Re: ShedAnd Unenforcability Diary

OK sorry, didn't read far enough back

so I would do your one liner referring them to that letter because basically they haven't answered your query

[ShedAnd]

Re: ShedAnd Unenforcability Diary

With the last 2 letters off them they was asking if we had resided at 2 previous address but we did not reply, I think they was trying to get us to confirm that the account is ours, (with only the DOB been wrong on the CCA I was told buy ScabHunter that the courts could say its de minimis).

I think I need a letter with a bit more sting in it, Like referring them to the forged letter I sent them and why are they steering away from the original question in the first place and what have they done to correct this rather the asking us if we have lived at this address.

Also I could wait for a letter from collections, AND then hit them with the 1 liner, "Why are you pursuing this a/c when a dispute is raised with your collections dept".

Cheers, Shed.