ShedAnd Unenforcability Diary

[vint1954]

Re: ShedAnd Unenforcability Diary

I agree with Vint here, I wouldn't stop this months DMP payment. Until we know what type of debt each is, ie credit card/loan/OD, when it was taken out etc it's hard to judge the likelihood of unenforceability.

Plus it's only 2 days to 10th, and you don't really have much time to sort taking over payment of the CCJ's (included in the DMP?) yourself.

So, if it was me I'd simply send off the CCA requests for any that are cards or unsecured loans, then by next month you'll have had chance to sort out the CCJ payments so there's no break, and in a better position re info.
Leave the Overdraft until/unless they contact you as it's probably Statute Barred.
Also....Start 2 seperate threads in the Housing Section for the secured loan and Mortgage shortfall as PlanB suggests.

You're going to need document folders. Lots of them (1 for each debt so you can keep track of everything from now on)

Quite agree Elsa. Lets see what comes back and Niddy has given his input before stoping the DMP.

[ShedAnd]

Re: ShedAnd Unenforcability Diary

Quite agree Elsa. Lets see what comes back and Niddy has given his input before stoping the DMP.

Yes I agrees with you and Elsa, At the moment I'm not going to stop the DMP until I have sent them all a CCA request and had replys, in the mean time I will ask the wife what type of debt they was.

[PlanB]

Re: Making a start to tackle the creditors

It would be useful if you could start a diary here --> Unenforceability Diaries - allaboutFORUMS and list your debts in this format, one post per debt, so we can see what's been sent and received.

• Type of account (credit card/loan)
  
  
• Date commenced (ideally before Apr 2007)
  
  
• Approx balance
  
  
• Date last paid (approximate date you last made a FULL payment)
  
  
• Are you on arrangement or not paying
  
  
• Status (default/in arrears/up-to-date)
  
  
• Account owner (who is writing to you, a DCA or the lender)

As I understand it all these debts in the DMP are in your wife's sole name. Was the mortgage and the secured loan (£57k shortfall owing) in joint names or in your sole name as this may make a difference as to how to approach this overall situation

As FP suggested do a seperate post for each debt making clear who owes what to whom

[ShedAnd]

Re: Making a start to tackle the creditors

Was the mortgage and the secured loan (£57k shortfall owing) in joint names or in your sole name as this may make a difference as to how to approach this overall situation

Joint Names

[ShedAnd]

Re: ShedAnd Unenforcability Diary

CL FINANCE.

• Type of account: Loan
• Date commenced: before 2004
• Approx balance: £12763.42
• Date last paid: Before 2004
• Are you on arrangement or not paying: DMP
• Status: unknown
• Account owner: CL Finance
• Original Creditor: HSBC BANK PLC

17 Nov 2012, CCA Request sent.
4/12/12: Not heard from them as to date.

04/05/13: Finally got a reply:

We acknowledge receipt of your letter dated 1st may 2013 (it was dated 17/11/12) in which you requested a copy of your credit agreement under section 77 or 78 of the consumer credit act 1974.

Please note that we do not currently hold a copy of the required document on site. Therefore, we are in the process of retrieving a copy for you. We confirm that while your request remains outstanding, enforcement action will not be taken against you.

Please note that although the agreement may not be enforceable while your request for a copy of it remains outstanding, this does not mean that your debt is wiped out. Any outstanding debt is still owed and you must continue to make payments. If you do not make payment then we will be entitled to request payment from you. We may also pass details of any default to a credit reference agency and pass your information to a debt collector. This view is shared by the OFT.

Letter off em 08/10/2013,

We write further to communications in which you requested acopy of your agreement under section 77/78 of the Consumer Credit Act 1974
We can confirm that until such a time when we are in aposition to provide a copy, there will be no enforcement action taken againstyou.
Please note that although the agreement may not beenforceable while your request for a copy of it remains outstanding, this doesnot mean that your debt is wiped out. Any outstanding debt is still owed andyou must continue to make payments. If you do not make payment then we will beentitled to request payment from you. We may also pass details of any defaultto a credit reference agency and pass their information to a debt collector.This view is shared by the Office of Fair Trading.

Letter off em 19/03/14:

Notice of Assignment

We write to advise you that by an agreement dated 13/12/2013 CL Finance Ltd (part of lewis group) has assigned all of the rights, obligations and benefits associated with the above account to Hoist Portfolio Holding Ltd (HPH Ltd) to whom all monies are now due
Please note that Robinson Way Ltd are now managing your account on behalf of HPH Ltd and it is essential that all future payments and correspondence regarding this account be directed to them at
RobWay Ltd
Address
When contacting Robinson Way, please use the reference number xxxxxxx
You should contact Robinson Way to organise payment of this account, a letter from Robinson Way is enclosed. If however, you believe that you have received this communication in error please contact Robinson Way with all relevant information. Please note in order to protect your personal privacy they may need to verify your identity.

And the enclosed letter from Robway.

Your account details have been passed to us by our client to act as a collection agent and we will now be dealing with this account on their behalf.
We offer flexible approach to repaying your account and we want to agree an affordable repayment arrangement with you, by understanding your individual circumstances.
If you are experiencing financial difficulty, our collection agents are fully trained to assist you with your current situation and have a range of options to help.
We will be contact with you in the next 7 days by letter and/or phone in order to discuss your repayment options with you. In the meantime, if you want to contact us you can use any of the methods overleaf or call us on 0845 xxxxxxx or you can visit our website at: www.robway.co.uk

[ShedAnd]

Re: ShedAnd Unenforcability Diary

ROBINSON WAY LTD

Type of account (credit card/loan) unknown

Date commenced Before 2004
Approx balance: £3044.25

Date last paid: Before 2004

Are you on arrangement or not paying: DMP

Status: Unknown

Account owner: Robinson way ltd, ex sainsburys

17 Nov 2012 CCA Request sent

23/11/2012. LETTER RECEIVED: Asking for name change confirmation with documentation and previous address.

26/11/2012. CCA request resent in maiden name.
6/12/12. Letter received. Following your request, we have today asked for a copy of the agreement/statement to verify that you are liable to pay the amount due.

Your a/c has been placed on a temporary delay pending receipt of this documentation and we will contact you again in due course.

23/01/2013: CCA request Received, sent to Niddy.
Confirmed no perscribed terms.

13/02/13 Letter off em!

We refer to your resent correspondence in which you claim this account is not enforceable.
We are satisfied that the documentation provided is sufficient to demonstrate liability and we will not enter into repetitive correspondence regarding this.
Your data will continue to be processed in line with the principles of the data protection Act 1998 and the account will continue to be reported to the credit reference agencies, where appropriate.if you neglect to make payment to us, further action will be taken against you.
We require payment proposals within 14 days.

07/03/13: Reply sent, thanks Scabhunter.

“Dear Sirs,

I am in receipt of your letter dated xx/xx/xxxx, and note its contents.

In response, I refer you to my previous letter of xx/xx/xxxx, in which I have outlined my position. If you dispute that position, it is your responsibility to demonstrate why, and not to send out routine templates which have no relevance to the actual situation. Your unsupported and ludicrous assertion that you are “satisfied that the documentation provided is sufficient to demonstrate liability” is entirely inconsistent with the position of the law itself, namely the Consumer Credit Act 1974, as referred to in the previous communication.

Note also that as a commercial operation, you are in no position to “require” anything. I suggest that you moderate the tone of your communications in future, as any further abusive or misleading communications will result in the submission of a formal complaint, which may be escalated to the relevant regulatory authorities.

Yours Faithfully,”


13/03/13: Letter again,
We agreed an affordable payment plan with your money advice agency, but we have not received the payments as promised. If you have made payment to us in the last few days please ignore the letter.
Otherwise please make payment of the overdue sum as soon as you can blah blah blah.
IGNORED!
16/03/13: Another letter.
We write to acknowledge the above complaint received by yourselves.
The matter will be investigated thoroughly by our complaints and compliance department and we will report our findings directly to the complainant and we will contact you again ASAP, but certainly no later than 4 weeks time.
We will eagerly wait.

04/05/13 letter off em.

You have complained that documents supplied in relation to a request under the
Consumer Credit Act 1974, do not comply fully with the Act. You are also unhappy that you have been sent a standard 'template' letter, which has no relevance to the issues raised. If this is not the full nature of your complaint, please contact us with further details.

Robinson Way Limited purchased the above account in August 2008. The
outstanding balance was in relation to an unpaid Sainsbury's credit card with a balance due of £XXXXX

Between August 2009 and November 2012 we have received numerous payments
through Step Change Debt Charity (formally Consumer Credit Counselling
Service), totaling £XXXX

On 4^th December 2013, we received a request for a copy agreement under the
Consumer Credit Act 1974. The account was immediately placed on hold and the relevant documentation requested from the original creditor.

A copy of the credit agreement, together with terms and conditions and statements, were sent to you on 15th January 2013.

On 8^th February 2013 we received a letter from you stating that you were unhappy with the documents supplied as you felt they did not comply fully with the
Consumer Credit Act, in particular that the prescribed terms had been omitted.

A letter was sent to you in response, however we note that you were unhappy with the content; I am sorry you felt that this letter did not answer your concerns.

In conclusion we cannot uphold your complaint. At the point you requested a copy agreement, Robinson Way Limited immediately suspended collection of your account.
Whilst we appreciate that the documents took longer to supply than 12 days, under the
Consumer Credit Act 1974 this means that the debt cannot be enforced until such times that the request can be complied with. Temporarily suspending the account prevented any potential collection activity which may have involved litigation proceedings, and therefore ensured compliance with the Act.

27/05/13: Letter sent to em, Final response (CCA received)

11/06/13: letter off em.

Further to your recent correspondence, contents of which have been noted.

After reviewing the account we have made our position perfectly clear and will not enter into repetitive correspondence regarding this matter.

As previously advised we believe that the documents supplied comply fully with the requirements of the Consumer Credit Act 1974. However any assertions that the agreement is UE would be for the matter for a court to determine, should either party wish to enter into litigation.

In the absence of any alternative dispute, we now require your proposals for payment within the next 14 days. After this time collection activity will resume on your account or we may transfer your account to our firm of solicitors who may commence legal action against you.


29/06/13: letter off DRYDENSFAIRFAX.


We have been instructed by our clients agent, robinson way, in relation to the above outstanding debt. legal action mey be taken against you unless you take steps to resolve this matter within 10 days of the date of this letter.
to avoid further action you should either, Make payment in full, Pay what you can now and agree an affordable repayment arrangement to repay the remainder by contacting robinson way on 0845605***.

payment should be made...blah blah blah...

Any court action may result in additional court fees. blah blah blah.....

15/07/13, Threat to Commence Litigation letter sent.

18/07/13: letter off them.

As we have been unable to contact you via any other way, we may now arrange for a doorstep collection agent to call at your address to agree an affordable payment plan with you, dependant on your personal circumstances.

To avoid the matter being escalated to this next stage of the debt collection process involving a home visit, please contact this office to discuss your circumstances and to agree an affordable payment plan directly with us.

05/09/2013: letter off em.

We have sent you a number of letters, tried to telephoneyou, and our doorstep collection agent may have called at your home, but youraccount remains unpaid.
The full balance is due and payable, but this may not beaffordable.
Note: We can offer a reduction to the balance owed to settlethis account depending upon your circumstances. To help settle this account youmay even be able to pay the reduced balance by instalments you can afford, andwill be able to maintain.

Ignored

Received a letter off em: 03/02/2014

Immediate Action Required
This is a notice about your unpaid account which is in our hands to collect. We are authorised to negotiate repayment of the account with you
Act Now Call us without delay
To pay using a your card, or you can pay online at : www.robway.co.uk or use the slip overleaf
Tell us if you cannot pay in full we will agree an affordable payment plan that you can keep up
Take Notice
If you fail to pay and neglect to deal with account further action may be taken to recover the amount due.


Letter off em, 21/02/2014

Important….Do not ignore

Our Client has authorised us to recover the full amount you owe, shown above
Note: Unless you pay, or agree an affordable payment plan with us without delay, we may consider taking court action to recover the amount due
If court action is taken and a court considers your failure to pay to be due to your refusal or neglect to pay, an order for repayment may be made. If you fail to pay in accordance with a court repayment order, the following may occur

An application to the court to enforce repayment
Future credit, especially mortgages, may be difficult to obtain
This account may continue to worry you
Unpaid Debts don’t just go away, or get forgotten no matter how much people want to happen. Call us to pay, or agree a payment plan, directly, If you prefer you can deal with online at: www.robway.co.uk or by email: payline@robinson.way.com


Letter off em 28/02/14 We know how easy it is for debts to mount up, and how worrying it is to work out how to pay them. we want to help you to clear up this debt once and for all.

Call us today - we can agree a reduced balance you can pay to settle this acc, and you may be able to pay the reduced balance by affordable instalments. Our collection agents are waiting to take your call.

ACT NOW! - If we do not receive a response from you we will have no alternative but to take further action.
TELL US! - You must tell us if you cannot pay. we will help you if we can.

if you have problems paying this account it is still better to talk to us,0000 or online or email.

14/03/14 Letter off them:

Important..please contact us

Your account still remains unpaid despite previous letters and calls. Your account is due to be transferred to our solicitors, drydensfairfax in the next ten days, who may consider court action
If you would rather agree an affordable repayment plan directly with us to prevent this account been passed to our solicitors please contact us without delay
If you prefer you can deal with your account online at out website www.robway.co.uk or you can email us at payline@robinson-way.com


20/03/14 my reply

I refer to your letter dated 12/03/2014 of solicitor threats.

Can I refer you to the letter sent to your office on and dated 26/02/2014, Read it! And stop sending letters of threats until you decide to respond to me with an actual reply and refrain from sending computer generated drivel.

21/03/14 Letter off em.

Thank you for your recent correspondence regarding documents supplied in relation to a request under the consumer credit act 1974. We confirm we have issued our final response to you regarding this on 29^th April 2013. Please find enclosed a copy of our response. (A copy included dated on here 04/05/13)

In the absence of any alternative dispute, we now require your affordable proposals for payment within the next 14 days. After this time collection activity will resume on your account. Please complete and return the enclosed financial statement with your offer of payment.

16/04/12, letter off em

Thank you for your recent contact, our client has confirmed that they do not hold any record of a dispute and they are unable to provide documentation as per your request. As you have exhausted all our internal complaints procedures we can only recommend that your next steps would have to be to get in touch with the financial ombudsman service. We have held your account for 30 days to wait your response.

12/06/14 letter off there sols

We have been instructed by our client’s Robinson Way, in relation to the above outstanding debt. Legal action may be taken against you unless you take steps to resolve the matter within 10 days of the date of this letter (9.06.14)
To avoid further action you should either

Make payment in full or
Pay what you can now and agree an affordable repayment arrangements to repay the remainder by contacting Robinson Way on 0845 6051366
Payment should be made using one of the payment methods overleaf. If you need to discuss this matter or require further help or advice please speak to Robinson Way
Any court action may result in additional court fees, solicitor’s costs and interest being incurred which would be added to the amount outstanding. Please contact Robinson Way to agree an affordable payment plan within 10 days of this letter

Letter off em Dated 30/06/2014

We have contacted you via letter and/or by telephonebut we have unable to get in touch with you.
your account remains unpaid with the balance outstanding due and we want to agree an affordable repayment arrangement with you based on your circumstances. please contact us on /*-*/- so that we can discuss your current financial situation.

we may even be able to offer a reduction to the balance you awe to settle this account,. to help you further, you may even be able to pay the reduced balance by instalments you can afford, and be able to maintain.





19/03/2015 letter of them.....

Notice of Assignment We write to advise you that by an agreement dated 10th November 2012,
Robson way limited has assigned all the rights, obligations and benefits associated with the above account to Hoist Portfolio Holding 2 Limited to whom monies are now due Help Available –
Balance reduction offer Please note that BPO Collections Ltd is now managing your account on behalf of HPH2 Ltd (Ex-Sainsburys) The offer a flexible approach to repaying your account and it is their aim an affordable repayment arrangement with you, by understanding your individual circumstances We have allowed BPO Collections to accept a reduction in the amount you owe of 80% which would mean that paying only 20% of the amount outstanding would clear your balance, they can even discuss paying this at a reduced balance by affordable instalments. Please note that once the reduced balance is paid, where it is listed on a credit file this will be updated and partially settled with zero balance outstanding, and not as settled or satisfied
Notice of Assignment
We write to advise you that by an agreement dated 10
th
November 2012, Robson way
limited has assigned all the rights, obligations and benefits associated with the above
account to Hoist Portfolio Holding 2 Limited to whom monies are now due
Help Available – Balance reduction offer
Please note that BPO Collections Ltd is now managing your account on behalf of HPH2 Ltd
(Ex-Sainsburys)
The offer a flexible approach to repaying your account and it is their aim an affordable
repayment arrangement with you, by understanding your individual circumstances
We have allowed BPO Collections to accept a reduction in the amount you owe of 80%
which would mean that paying only 20% of the amount outstanding would clear your
balance, they can even discuss paying this at a reduced balance by affordable instalments.
Please note that once the reduced balance is paid, where it is listed on a credit file this will
be updated and partially settled with zero balance outstanding, and not as settled or satisfied
Call them to take advantage of this on 0141 375 0900 or if you are experiencing financial
distress at the moment you can contact them to discuss this in more detail
BPO Collections Ltd
The Grange Business Centre
Glebe Street
Stevenson
KA20 3EJ
If you believe that you have received this communication in error please contact BPO
Collections Ltd with all relevant information. Please note that in order to protect your
personal privacy they may need to verify your identit

[ShedAnd]

Re: ShedAnd Unenforcability Diary

CCJ CL FINANCE

Type of account (credit card/loan)unknown

Date commenced Before 2004

Approx balance £1406.95

Date last paid Before 2004

Are you on arrangement or not paying: DMP
Arrangment on CCJ
Status CCJ
Account owner CL Finance
30/11/12: set-up DD

[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.

30/06/13: letter from Lowels.

Dear **-**,

We are here to help you get your account up to date
lowells wrote recently to let you know they have bought the outstanding balance you had with HBOS PLC. you have not yet cleared the outstanding balance or entered into a repayment plan, so they have asked us to get in touch.

we can help you clear this outstanding balance and repaying your debt may help to improve your credit rating.

What you need to do now

its very important that you do one of the following things asap.

1, pay us in full 2, contact us to talk about a convenient way for you to pay. based on your current financial circumstances, we will be able to offer a repayment plan that works for you. IGNORED

18/07/13 Letter off em,

we want to help you clear your account
we still haven't agreed a payment plan for the outstanding balance you have with us.
the longer you leave getting in touch or paying off the balance, the more you risk further action being taken against you including legal action. we also may ask one of our agents to arrange a time visit you at home to discuss your account and repayment of your debt if we don't hear from you, so please phone blah blah...

22/07/13: Threat to commence litigation letter sent.

09/08/13: Letter off the troggs.

I write in response to your further correspondence dated 22 July 2013 and note your comments.

You have advised that we have chosen not to deal with this matter despite your previous communications and have confirmed that the account is in dispute with Lowell Financial.

I can confirm that you were provided with a copy of the original agreement in December 2012 following your request for information under the consumer credit act 1984(CCA.) Upon receipt of your correspondence advising that the date of birth was incorrect, I requested additional information from you to enable me to review the matter further.

As no response was received from you in relation to this request, and my subsequent letters, the account was returned to collections. I have enclosed copies of the letters for your perusal.

In the absence of any new evidence to enable me to review this matter further, we believe the account to be valid and payable, however, have taken the decision not to pursue you for the remainder of the balance.

I trust this concludes matters to your satisfaction.

[ShedAnd]

Re: ShedAnd Unenforcability Diary

CAPQUEST

Type of account: Credit Card.

Date commenced (ideally before Apr 2007) Before 2004

Approx balance £787.27

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

Are you on arrangement or not paying
On DMP
Status (default/in arrears/up-to-date)Unknown

Account owner CapQuest

17 Nov 2012 CCA Request sent

22 Nov 2012 Letter recieved requesting proof of change of name, Postal Order sent back with it.

23 Nov 2012, Letter received From Capquest. stating the account as been sold to CapQuest Investments ltd. Looks Like a threat-O-gram.

25/11/2012: CCA Request resent in maiden name.

30/11/12: recieved letter as follows

Further to recent contact with our office and your request for further information in relation to the above account, we would confirm that your account is now on hold for 28 days whilst we obtain the info required.

If you have any proof of payments or correspondence that would assist with your query, please forward these documents, with a brief covering letter, to our collections administrations department, so that we can resolve this matter as soon as possible.

Looks promising for us does that, and like we are going to send anything to help them..


05/04/2013: Letter From Halifax Bank.

You have not quoted a valid account number and I can not trace your acc with the details provided.

Looks like they have lost it.


02/07/2013: letter off HBOS.

You have not quoted a valid account number and I can not trace your acc with the details provided.

Once you have provided us with a valid 16 digit acc number, we will be able to help you.

if you unable to provide us with this, please supply us with as much info as poss such as.

* fully address details inc previous addresses * any change of name * DOB * date acc opened

Please be aware that section 78 only applies during the lifetime of an agreement. if your account has been closed and paid in full, then there would no longer be a regulated agreement between us.

In view of the above, we would be unable to provide you with documentation as requested.

Ignored.


20/09/2013: Letter received.

We thank you for your recent correspondence.

Sainsburys Bank have advised us that they have responded directly to you regarding your request for documentation under the CCA1974.

Please advise us if you have not received this document.

27/11/2013 letter off em.

We write to advise that we have not received a recent communication or payment from StepChange Debt Charity in relation to your account

We have tried to establish contact with StepChange Debt Charity but have been unsuccessfull in our attempts. We recommend that you contact StepChange Debt Charity to discuss the status of your account and ask them to provide and update to us by 06.12.13

In the event that StepChange Debt Charity are no longer acting on your behalf please contact us on 0******5 in order to discuss a suitable plan to clear you outstanding balance

If we do not receive a response from your StepChange Debt Charity by 06 Dec 13 your account will return to our collection department

Ignored!!

Letter off HL LEGAL on behalf of crapquest 11/12/13.

Account purchased from: Sainsburys plc
Balance: £777.27
Capquest debt recovery ltd has appointed us to act in the above matter following your failure to respond to their letter of 19 nov 2013 (last letter)

TAKE NOTICE THAT unless this account is paid in full or a satisfactory proposal of settlement is received by 21 dec 13 court proceedings may be issued against you without further notice.

Court proceedings may involve you paying costs and may make it difficult for you to get credit if judgement is obtained against you.

in the event that court proceedings are necessary the following costs will be added to the debt.
Balance £777.27
Court costs £55.00
Solicitors costs £70.00
TOTAL £902.27

Interest where applicable will also be added, accruing on a daily basis.

Payment must be sent directly to our client.

12/12/2013Sent Threat by Creditor - To Commence Litigation letter

letter off em 07/02/2014,

I Write in response to your letter dated 12 December 2013

Firstly let me offer my apologies for my delayed response and for any inconvenience caused to you it is always our intention to resolve matters amicably and I can assure you that I have conducted a thorough investigation into your complaint
My understanding of your complaint is you state we have failed to supply you with a true signed copy of agreement and that this account is unenforceable. You have advised that our communication is harassment and that we are in breach of legislation. You also request statements for your account

A review of the account confirms this was purchased on 27 May 2010 from Sainsbury’s bank with an outstanding balance of £942.69 we have received payments totalling £165.42 for which I thank you.

Upon review of our systems I can confirm we received your original request for documentation on 19 November 2012 however due to a query regarding your name change these documents were not requested at this time. We sent you a letter 19.11.2012 requesting proof of your name and enclose your £1.00 fee. Your letter received 27.11.2012 provided information request therefore, we contacted Sainsbury’s directly and requested a copy of your agreement

Sainsbury’s contacted us on 17.09.2013 stating they have provided you with a copy of agreement . Our letter dated 17.09.2013 advised you of Sainbury’s response and requested you contact us if information was incorrect. I have further contacted Sainsbury’s directly and requested they provide copy of agreement and statements. These will be forwarded to you at the earliest opportunity. Your account will remain on hold until these have been provided and no contact will be made in the meantime

The consumer credit act 1974 allows 12 working days for compliance of the section 77(1) or section 78(1) request. Otherwise the creditor would be deemed to have default under the provisions of the act. Whilst a creditor who has defaulted under the provisions of the act cannot seek enforcement of the agreement, their right to do so is reinstated once the document which has caused the default is produced. Therefore as no contact will be attempted whilst we await documents from Sainsbury’s we are not in breach of these guidelines

Since dealing with your account I can confirm we have attempted one telephone call and sent letters, it is my understanding that this does not constitute harassment. I apologise for any inconvenience caused by our contact

To summarise I do not believe any breaches of legalisation have taken place on your account and we have dealt with your account appropriately

Whilst I am unable to agree a mistake has been made, I’m keen to make sure I have resolved your complaint and that you are satisfied with my final response. If you feel I’ve misunderstood your complaint or have any further details you think I should know please contact me directly and I will be happy to help

I appreciate you may not be satisfied with my final response therefore, should you wish to do so you can refer your complaint to the Financial Ombudsman Service within six months of the date of this letter. I am enclosing their leaflet that explains more about their services and includes their contact details. However it is my understanding that they will be unable to make a decision regarding the enforceability of the account

[ShedAnd]

Re: ShedAnd Unenforcability Diary

CCJ CL FINANCE

Type of accountUnknown

Date commenced Before 2004

Approx balance £203.93

Date last paid Before 2004

Are you on arrangement or not paying
DMP on CCJ
Status CCJ

Account owner CL Finance

30/11/12: set up DD

[ShedAnd]

Re: ShedAnd Unenforcability Diary

Hi, Just a few questions

I have done 4 CCA requests,

Am I ok just to send a £1.00 cheque for each of them? or would a postal order be better?

Also do I put the ref/acc number on the back of them? or do I just make it payable to the creditor?

Do I put my name and address on the back of them?

I will be posting them tomorrow recorded delivery.

Cheers Andy.

[ShedAnd]

Re: ShedAnd Unenforcability Diary

Hi FlowerPower, Thanks for a quick reply.

now I know you can sign the cheque with a squiggle and it will still go through so up to you really, if you have a chequebook you can save yourself £2 in PO fees, just remember not to sign properly.

My wife took these debts out before getting married to me so the signature on the cheques will be in her married name and all the debts will be in her maiden name. I think we are safe there.

I guess it won't hurt if you write the account number on the back for reference but no need for name and address.

Isn't there a chance they might try and pay the £1.00 cheque towards the debt amount if I put the account number on the back.

Cheers Andy

[vint1954]

Re: ShedAnd Unenforcability Diary

The CCA request states that the £1 is for the purposes of the CCA only.

It wont affect the SB timescale. It won't stop them trying though.

[ScabHunter]

Re: ShedAnd Unenforcability Diary

There is a chance that they will do that whatever you do. When I sent my s. 78 request to Crapbot Farcical in 2008, they misappropriated the funds and applied them to the alleged balance. These funds were sent in the form of a postal order, and with a letter which included the sentence - "Note that these funds are not to be used for any other purpose."

A formal complaint was obviously necessary, and for once Crapbot accepted reality and backed down. As long as you retain evidence that the £1 was sent with a ss. 77 - 79 request, it will be impossible for them to argue otherwise.

SH

[ShedAnd]

Re: ShedAnd Unenforcability Diary

Just a quick update, sent 4 CCA requests today first class recorded delivery to 4 possible UE debts, it should give them some interest reading on Monday morning.

Just to wait for the replys now..