Dibs UE Diaries

[daisy]

Re: Dibs UE Diaries

Thank you Elsa for your excellent advice as usual x

My ducks are lined up (literally, as they are scrounging outside the kitchen window!) and I have a bare bones list of what documents are missing for each account.

I am a little anxious about one dca in particular, simply because the number of these that they hold and the total amount allegedly outstanding, but I will continue to deal with one letter at a time.

With regards to BCW, I will send them a courteous reply and address a point that has not yet been answered, it will give me time for Niddy's reply and to decide on what to do next.

Dibs x

[Undercover Elsa]

Re: Dibs UE Diaries

Indeed Dibs, a good New Year's resolution would be to get all your ducks in a row, double check and make a list of all your Statute Barred dates, with documentary evidence of last payment to hand.

In the above case the clock started ticking the day after your last payment as it was already in default.
Give Niddy a shout if you've not heard back from him by the New Year, as you'll need to respond to BCW.
Elsa x

[daisy]

Re: Dibs UE Diaries

Thank you for the reply SXGuy.

I will wait for Niddy to give his opinion on the enforceability of the application form, but I do intend to challenge every possible point for as long as possible.

2013 is going to be a busy year, there are six oldies due to go SB'd and I don't think any dca is going to sit back and let it happen without a challenge!

[SXGuy]

Re: Dibs UE Diaries

you have literally 8 months or so before this one is statued barred, be a shame to make a payment now.

Perhaps niddy can help you to give them the run around for a while.

[daisy]

Re: Dibs UE Diaries

Forgot to add that the debt has now risen to almost £5k

[daisy]

Re: Dibs UE Diaries

And so it begins.... It's not even 2013 yet and the first sleeping dog has started yapping with a formal demand landing on the mat this morning

Sainsburys Bank Credit Card.

Credit card started in February 2000 in arrears by late 2002

Last payment to OC June 2003

No Default noticed received, however, on a December 2003 statement summary it shows a principal and interest chargeoff?

Eversheds were the first DCA

Wescot followed

Token payments made from late 2003 - Aug 2007

CCA Request sent late August 2007

Wescot returned the £1 payment and closed the account on their system.

March 2008 - Aktiv Kapital purchased the interest of Sainsburys Bank in the debt owed to them under the agreement.

April 2008 - I sent an account in dispute letter

April 2008 - AK replied that they were investigating

July 2007 - Ak state that I have to send a CCA request to them

March 2009 - AK sent a copy of my application form and copies of statements from late 2006 - late 2007

March 2009 - I sent a SAR to the OC

April 2009 - OC sent full statements

2009 - June 2012 - New deal letters and a reduced settlement letter from AK

December 2012 - Formal demand received from Buchanan Clark & Wells on behalf of AK, they require me to phone immediately with a payment, or to discuss my financial circumstances. Will wait for a reply from Niddy with regards the enforceability of this debt and then make a decision on my reply to BCW.

[daisy]

Re: Dibs UE Diaries

Okay, level head back on and have just taken a fresh, hard look at all the paperwork and there is no assignment, no agreement recon or original, no Citibank statements, the t&c's could relate to anything as they have no account number or any identification whatsoever, the only statements I have comprise of a printout showing Cabot's monthly interest charges, are they legally entitled to add them? Who knows, as I would require a copy of the agreement and relevant t&c's in order to make an informed judgement!

[Paul.]

Re: Dibs UE Diaries

Paul, the Cabot v Bachelier case is just what I needed, thank you x

youre welcome

a very good case that one too

[daisy]

Re: Dibs UE Diaries

Paul, the Cabot v Bachelier case is just what I needed, thank you x

[daisy]

Re: Dibs UE Diaries

Thank you everyone for your replies and thank you Paul for making that clear to me.
Fortunately the paper trail is huge, I keep everything and do send relevant replies, so will chill out and see what happens next.
I have researched many of the Cabot cases, knowledge is so important when tackling them.
Thank you again, Dibs

[Paul.]

Re: Dibs UE Diaries

My concern is that they may well attempt court with one of these accounts and if successful, go after the rest, which ultimately could put my home at risk, particularly as the amount now demanded on these accounts has been hugely inflated by all their interest charges.

you see, this is the point, its about setting your case up now, so that if they do sue then you have strings to your bow.

sitting on your hands leaves you open.

Think of this,

The judge has you and the opponent before him.

The opponent barrister says, we sent 40 letters, rang 40 times, and the defendant wouldnt engage us, what are we to do apart from sue?

The judge turns to you and says why did you ignore them?

Think of your reply to that, and if its well i just ignored them, what do you think the judge is going to view you as??

Im trying to get people more proactive in building their cases up properly rather than being half hearted.

[Paul.]

Re: Dibs UE Diaries

I am a little concerned at having read Paul's blog about s78 non compliance not being a reason to withhold payment, given that I am relying on the missing signed agreement as my defence for non payment of the Citibank account

There has been no reply to last my last letter and I appreciate that I will need to see their reply before I can appraise my situation.

My concern is that they may well attempt court with one of these accounts and if successful, go after the rest, which ultimately could put my home at risk, particularly as the amount now demanded on these accounts has been hugely inflated by all their interest charges.

Next summer will either see me clear of all this worry, or drowning under the weight of many ccj's. I am now wishing that they would reply promptly to enable me to know which path I should follow, plenty of sleepless nights ahead

Ok, lets stop worrying for a moment.

s78(1) Consumer Credit Act 1974 breaches have been held by the Commercial Court (High Court) not to give rise to the right to withhold payment.The underlying purpose of s78 is information (see Carey v HSBC Bank) so it is to inform the debtor of his contractual obligations etc.

The point i make on my blog is that Judges are not keen on technical defences, they look for more such as unfair harrassment, or a number of statutory breaches, or unfair conduct / breaches of regulatory codes. It is possible to succeed with a s78 breach though, see Cabot v Bachellier in the case law archive.

However, s78 can also be remedied by service of statutory compliant documents , and that does not include a signed agreement.

Often people who i represent could have had great arguments rather than good ones, but they have buggered themselves up by failing to keep their evidence, failing to reply to creditors and thus not building evidence, altering their evidence with marker pens, failing to make accurate records of calls from DCAs etc.

[jen_br]

Re: Dibs UE Diaries

Hi I thought I would address this a signature is a big thing.. and Pixie is right only a judge can decide.

The point of Pauls blog was simply not to ignore letters and to ensure you have a very valid argument. Also, s78 still must be adhered to by the banks, he wasn't suggesting that its ok for them not to adhere to it.


Agree as well you are in the last year of SB... im sure these guys would sell the souls of their own mother to try and get you to pay.

[Pixie]

Re: Dibs UE Diaries

You've less than a year to go to SB so I think you can expect a flurry of activity trying to scare you into paying before you slip out of their grasp!

That's why it's good to keep a paper trail...to show that you haven't been avoiding them.

[Pixie]

Re: Dibs UE Diaries

Try not to worry too much Dibs.

I think that Paul is playing devil's advocate in that only a judge can ultimately decide whether or not an account is unenforceable.

It's all about keeping a paper trail should any of the creditors take you to court. Many of us have been relying on noncompliance with s78 for several years.