Dibs UE Diaries

[daisy]

Re: Dibs UE Diaries

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

[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

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!

[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

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

[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

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!

[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 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

You have ducks?? Awww I miss my ducks..I let them go to a lovely lady with a lot more room for them a few months ago, as they were pining for the drake and needed more ducky company.
Don't miss mucking them out in winter though

[daisy]

Re: Dibs UE Diaries

We keep Muscovies and they are wonderful characters, but certainly messy!

I have drafted a letter to bcw and will send by recorded delivery next week, it will be interesting to see what they come back with

[daisy]

Re: Dibs UE Diaries

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!

I have received another letter from RW stating that thier client the Hoist Group, have authorised RW to recover the full amount, or they will consider court action

I have not heard anything from a company called the Hoist Group and fail to understand why RW believe that I should simply pay up without proof!

Has anyone had any dealings with this mythical group?

[billytommo]

Re: Dibs UE Diaries

Hoist Group acquired Robinson Way Ltd on 12th November 2012. Their website states that RW will continue to operate 'under it's own brand name'. Still then!

[daisy]

Re: Dibs UE Diaries

Absolutely!

Their letter however is misleading, as it tends to suggest that another company has been assigned this alleged debt and are threatening court action, therefore, my attitude is that I require some proof of the assignment, otherwise how am I to know that they are not attempting to hoist my money under false pretences!

[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, it never existed, 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.

I have received yet another letter from this lot and my question is this: I know that I have never signed a credit agreement, hence the reason they can't supply an original copy, however, they are stating that a reconstituted copy is all they need to prove the debt in court, so how can they supply a reconstituted copy of something that never existed, isn't that fraud?
I realise that they are not going to go away and will argue every point, but I am reluctant to send a template letter and need to compose a letter that sets out the relevant argument, which in a nutshell is that they have absolutely nothing with my signature!