Dibs UE Diaries

[daisy]

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

[daisy]

Re: Dibs UE Diaries

Thank you SH for your positive comments, they are very much appreciated and so is your advice.
Well done on your C1, you're almost there, I just love the idea of being able to tell them to take a running jump!
Yes, the Morgans threat was received last week, I also thought that they were using Wright Hassle, or is that just through Quantum?
I am intrigued as to which way they are going to play this one, no doubt I will find out next week. I intend to be careful with this account, as I feel that they may give it a go and if successful, then go after the other four, which would add up to a sizeable amount, their ultimate goal being a charging order.
One of the other Cabot ones is now with Quantum, it's a little quiet at the moment, but sure to be back with the Wright Hassle next year!

[ScabHunter]

Re: Dibs UE Diaries

I think you've got this sussed out!

Shitibank - Did Crapbot really send a letter threatening Morgans in November 2012? I thought Morgans had been replaced by Wright Hassle (yes, that is a real name!) long before then? Strange.

Skid Marks & Frank Spencer - What a stupid letter, you are right to ignore it. If the last payment was made in November 2006, then it will be like mine and not quite SB yet. As I understand it, the six years starts running from the "date on which the cause of action accrued", which I take it to mean the date of the first missed payment. In my case, the last payment was made on November 30th, 2006. Crap One would have demanded another minimum payment on December 30th, 2006, which was obviously not made. That is when the six year clock starts running.

If they are suggesting that the last payment was made in March 2007, they are probably trying it on. What they are also doing, though, is digging their own grave, unless they are prepared to litigate before the end of April 2013. If they don't, the alleged debt will be statute barred by their own admission, even if you were prepared to accept their modified date instead of the real one.

The next year is obviously going to be a highly significant one for you. It sounds as though you've definitely got what it takes to get through it successfully.

SH

[daisy]

Re: Dibs UE Diaries

Sadly, I have several more, including another 4 with Cabot, but as they are currently quiet, I will let sleeping dogs lie, doubtless they will spring into life next year!

[daisy]

Re: Dibs UE Diaries

Marks & Spencer Loan

Loan taken out early 2000
Defaulted 2003 with a balance of £1500
DCA is Thames Credit/Aktiv Kapital
August 2007 CCA request sent
Niddy said that this UE, as no t&c's have been provided.
Loads of settlement offers and AK's fantastic new deal offer, all ignored.
August 2012 letter received from Equidebt asking if I am the above named, as they are attempting to contact me regarding a personal matter. Ignored.

The interesting part of this account is that the last payment I sent was in November 2006, SB'd I can hear you say and yes I thought so too, however, I noticed on a piece of their correspondence that they state the last payment date as March 2007? So, i'm waiting to hear from them again and will then decide what to do next.

[daisy]

Re: Dibs UE Diaries

Citibank

This is an old credit card that defaulted around 2002 with an approximate balance of £2885.
2002 Purchased by Cabot and I made token payment until 2007
August 2007 Last payment made and CCA requested
Loads and loads of letters received, resulting in the the death of a forest!
June 2011 Generic T&C's
Niddy stated that this is UE
September 2011 CPUTR 2008 request sent
November 2011 Reply received that states that they have been unable to obtain a copy of the original signed agreement, however, they claim that a reconstituted agreement is is sufficient to fulfil the requirements of S77/78 of the CCA and is legally enforceable.
November 2012 Letter received and gives me 7 days to make a satisfactory offer of repayment, or they will instruct an external collection agency to collect, or instruct their in-house litigation department, Morgan solicitors to commence legal action. Now demanding almost £7500!
November 2012 Reply sent asking for them to satisfy my S78 request in full and to send me a copy of the original, true copy of the signed agreement.

[daisy]

Re: Dibs UE Diaries

Well done SH.

I have several coming up to their SB year and i'm receiving a lot of letters!

Just starting to list them as UE diaries, as i've been a little slow in doing so

[ScabHunter]

Re: Dibs UE Diaries

They'll probably get more aggressive now as this is less than a year before the SB date. That is exactly what happened with my case, which was very similar to this. It was also a Crap One card with a hopeless agreement, botched default, and also PPI added without my consent. Crapbot Farcical bought it in 2007, and were very aggressive in the first two years. Then, for the next three years, I just got endless repeats of the same two silly letters. I never had to spend a single penny on postage in those three years, because I just ignored everything.

In 2012 they started threatening again. At first they threatened court and doorstep harassment using their alter-ego FIRE (Facetious Irrelevant Rubbish Emitted), and then they farmed it out to Hilarity. They disappeared after I sent one letter. In September, I got a forged Notice of Assignment from Robbingscum NoWay, who were obviously equitable assignees. Would you believe they never sent a single letter, and just wasted money sending a doorstep thug to put a card through my door? He didn't even bother to knock on the door. I was there all day, but just found the card the next morning.

They still haven't sent a single letter, and the alleged debt now only has 29 days to go to the statute barring date. I'll obviously wait until that has passed before submitting any formal complaints to the OFT and FOS. So, all that has happened in the last four years is that I've had to waste six bob on one postage stamp, and an idiot wasted his time and fuel putting a card through the door which gives me proof of violations of the OFT guidance.

I would have responded to any letters from Robbingscum NoWay which threatened court, but they never bothered to send any. Negotiating the final year is not normally easy, but Robbingscum have been pitiful beyond belief in my case.

SH

[daisy]

I really should have started these before now!

Capital One

Credit card taken out in 1999

Current dca is Robinson Way
Approx balance outstanding is £1400
Niddy has said that it's UE

August 2007 CCA request sent to Capquest
Last payment August 2007
September 2007 Account returned to Capital One
November 2007 SAR sent to C1
December 2007 Account sold to Robinson Way
Endless correspondence with RW
May 2012 letter from RW stating that the documentation provided is sufficient to prove liability and they will not enter into repetitive correspondence regarding this.
November 2012 Letter from RW stating that the account has been assigned to Hoist Portfolio, however, RW will continue to manage the account, pay up or else!