ShedAnd Unenforcability Diary

[Never-In-Doubt]

Re: ShedAnd Unenforcability Diary

Hi, see letter dated 18/07/13. Looks like a treat-O-gram to me, anything to send or just ignore?

cheers Shed

Send this to lowells -> Threat to Commence Litigation - allaboutDEBT UK

[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.

Please see letter dated 09/08/13: I don't think I need any advise here as its an update on progress, 1 down 3 to go.

[Pixie]

Re: ShedAnd Unenforcability Diary

Great news

[ShedAnd]

Re: ShedAnd Unenforcability Diary

Great news

I don't think we will hear from them again.

[IF]

Re: ShedAnd Unenforcability Diary

Brilliant news ShedAnd

[vint1954]

Re: ShedAnd Unenforcability Diary

Good news

[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.
See attached.

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

Just an update nothing to worry about I think.

[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.

Please see letter dated 08/10/2013, I think we don't need to send a reply here..

[Deepie]

Re: ShedAnd Unenforcability Diary

Please see letter dated 08/10/2013, I think we don't need to send a reply here..

Sounds like good news to me.......

[Pixie]

Re: ShedAnd Unenforcability Diary

And to me

[greymatter]

Re: ShedAnd Unenforcability Diary

Sure does

[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

Hi all just a quick update its has been quiet from the creditors , but i have received a letter off crapquest im not sure what the're after or weather or not it requires a reply any advise would be greatfull.

Thanks in advance.

[MrsD]

Re: ShedAnd Unenforcability Diary

you have stopped the DMP?

I would think this is just a rather pathetic attempt to get you to contact them

Have you ever written back to them after the CCA?

[ShedAnd]

Re: ShedAnd Unenforcability Diary

No I've never sent them a thing after the CCA.

[MrsD]

Re: ShedAnd Unenforcability Diary

OK I would ignore this one as well, but I'd keep a close eye on it. If they come back you probably need to tell them that your CCA is still outstanding, which is not a problem and perfectly normal.