Dibs UE Diaries

[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!

[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]

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

[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

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

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!

[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

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!

[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

[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.

[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.

[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.

[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.

[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.

[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