dwj2112's UE Diary

[dwj2112]

Re: dwj2112's UE Diary

Great. Thanks Niddy.

That's all the letters sent now so I'll see what the New Year brings. Surprisingly almost no phone calls and no letters in the past week - maybe these guys relax a bit over the holidays too :-).

Really appreciate your help Niddy and thanks to everyone else for their input.

Hope you all have a happy, relaxing time over the holidays.

[Pixie]

Re: dwj2112's UE Diary

Have a great time yourself

[IF]

Re: dwj2112's UE Diary

Have a Happy Christmas dwj2112

[IF]

Re: dwj2112's UE Diary

Hi, just checking if all is OK?

Best wishes
IF

[dwj2112]

Re: dwj2112's UE Diary

Hi IF, thanks for checking.

All seems to be very quiet now. Still get some calls and letters but just completely ignore them and nothing much seems to happen. It's been almost 3 years since I have even acknowledged most of the debts, so I'm hoping they will eventually all become statute barred.

[IF]

Re: dwj2112's UE Diary

Hi IF, thanks for checking.

All seems to be very quiet now. Still get some calls and letters but just completely ignore them and nothing much seems to happen. It's been almost 3 years since I have even acknowledged most of the debts, so I'm hoping they will eventually all become statute barred.

I'm so pleased you're OK dwj2112 and here's to them becoming statute barred

[dwj2112]

Re: dwj2112's UE Diary

Hi All,

After having a quiet couple of years, suddenly one of my creditors is now pursuing me. Basically I have ignored all correspondence for the last couple of years in the hope that all my debts become statute barred eventually as they don't seem to be too aggressive in pursuing them.

So when I got a solicitor's letter back in April regarding my MBNA debt I didn't take much notice as I have received solicitor's letters in the past with other debts with no follow up. However, a couple of weeks ago, the sheriff officers came to my door (I wasn't in) but they posted a citation through my letter box. I now have to reply by the end of the month and not sure which way to go.

Niddy said that the agreement was unenforceable over 2 years ago and I sent them the "missing prescribed terms" letter. (Diary entries below). All I got back was a statement of transactions.

My instinct is just to admit the debt and pay off a minimal amount every month, rather than fight it, get a solicitor and risk a court case.

If any of you have some suggestions would be great to hear your thoughts.

• DEBT 8
• Type of account MBNA Credit Card
  
  
• Date commenced 30/07/2004
  
  
• Approx balance £9,987.18
  
  
• Date last paid August 2012
  
  
• Status Defaulted
  
  
• Account owner Now with Aktiv Kapital

08/03/13 Letter received from MBNA confirming credit agreement has been terminated.
11/04/13 Letter received from MBNA confirming that ownership of debt transferred to Aktiv Kapital.
01/05/13 Letter receeved from Aktiv Capital asking for contact or payment.
05/05/13 CCA Request Sent to Aktiv Capital.
08/05/13 Letter received from Aktiv Capital stating account is now on hold.
05/06/13 CCA received from Aktiv Capital.
08/06/13 Letter received from Aktiv Capital stating account is still on hold!!
05/07/13 Niddy tells me CCA is Unenforceable
08/07/13 Letter received from Aktiv Capital stating account is still on hold!!
18/07/13 Letter received from Aktiv Capital enclosing several years of credit card statements and request for payment.
16/10/13 Missing Prescribed Terms Letter sent to Aktiv.
22/01/14 Letter received from Aktiv Capital stating they are still awaiting information from MBNA to resolve my query.
22/04/14 Letter received from Aktiv Capital asking me when I left my previous address.
22/08/14 Letter received from Aktiv Capital enclosing a list of all my credit card transactions saying that this should resolve my query.
08/12/14 Letter received from PRA group informing me that Aktiv Capital have now changed their name to PRA.
18/12/14 Letter received from PRA group saying they are pleased that they were able to talk to me (they didn't) about my finances and now requesting payment.
12/01/15 Letter received from PRA group offering a 25% discount to settle my account.
16/01/15 Letter received from PRA group saying my account has now been assigned to them!!!
13/02/15 Another letter received offering the 25% discount.
11/03/15 Letter received from PRA group saying I need to contact them to prevent them moving to the next stage.
23/04/15 Letter received from Brodies Solicitors saying I must contact them within 14 days to avoid further action.
11/08/15 Citation received from the Sheriff Court.

[cymruambyth]

Re: dwj2112's UE Diary

Hi, sorry to hear about your citation. AAD has recently had some legal success in Scotland, so I will flag your thread to our legal team.

[dwj2112]

Re: dwj2112's UE Diary

Diolch yn fawr Cymru am Byth, look forward to hearing what they have to say.

[PlanB]

Re: dwj2112's UE Diary

look forward to hearing what they have to say.

I see the citation was received on 11th August. Can you email a copy of it to both Niddy and me using webmaster@all-about-debt.co.uk and planB@all-about-debt.co.uk.

We'll then get to work on this

Plan B x

[dwj2112]

Re: dwj2112's UE Diary

Thank you Plan B, really appreciate your help. Have emailed you the citation.

[Never-In-Doubt]

Re: dwj2112's UE Diary

Hi

Have emailed advising to start a new thread in Legal Section and to subscribe to AAD+ for legal resources.

AAD+ --> http://forums.all-about-debt.co.uk/aad-members.php

Start thread --> http://forums.all-about-debt.co.uk/s...rom-a-Creditor

[dwj2112]

Re: dwj2112's UE Diary

Hi all,

After a quiet couple of years, things seem to be happening again. Recently managed to get the MBNA debt written off with the help of this forum and and a Scottish solicitor.

I have now received a solicitor's letter for Debt No. 3 with HBOS for £14,223. Having received several solicitor's letters over the years for various debts with little or no follow up, I tend to disregard them. However, with my recent experience with MBNA, I take them a bit more seriously now.

The tone of this letter seems a bit more serious than the others, and the solicitor is Shoosmiths. I can see from this forum that Shoostmiths are ruthless so I imagine they will take me to court. I already know that the debt is enforceable. I've seen the LBA response template and wonder if I should send that as I think this is one solicitor that won't just go away and pass it back to the original creditor if I ignore them. In the past I have had letters from Lowells, GPB and Wright Hasall and Brodies Solicitors and the only one that followed through with court action was Brodies (luckily on the one debt that I had which was unenforceable).

[PlanB]

Re: dwj2112's UE Diary

dwj

It never rains but it pours. Just when you got shot of one set of solicitors and their court proceedings, the next ones raise their ugly head. This tends to happen in the run up to statute barred.

Can you post a summary of this HBOS debt so we can see the history of this situation easily.

Shoosmiths have been lively North of the Border recently and we've beaten them each time. They do issue claims/writs/citations so maybe it would be wise to email a copy of that latest letter to Niddy using webmaster@all-about-debt.co.uk and me using PlanB@all-about-debt.co.uk

That letter could be a LBA which needs to be taken seriously. When does the "14 days expire" as stated in your other post ?

Any chance this debt is SB theoretically?

Plan B x

[PlanB]

Re: dwj2112's UE Diary

• DEBT 3:HBOS 1
• Type of account Bank of Scotland Credit Card
  
  
• Date commenced 25/02/2004
  
  
• Approx balance £13,200 (balance now £14,224)
  
  
• Date last paid August 2012
  
  
• Status Defaulted
• Account owner Bank of Scotland (now with Akinika).

24/12/12 Letter recieved from Albion Collections asking for full payment.
07/01/13 Letter recieved from Albion Collections asking for full payment.
16/01/13 Letter recieved from Albion Collections asking for full payment.
28/01/13 Letter recieved from Albion Collections asking for full payment.
30/01/13 CCA request sent to Albion Collections.
13/02/13 Reply received from Bank of Scotland enclosing reconstituted agreement and original signed application form.
12/04/13 Missing Prescribed Terms Letter Sent to Apex Credit Management
28/04/13 Response received from Apex Credit Management requesting £1.00 to comply with my request.
05/05/13 Missing Prescribed Terms Letter resent to Apex Credit Management along with £1.00 fee.
08/05/13 Response received from Apex Credit Management placing my account on hold pending further enquiries.
28/10/13 Letter from Bank of Scotland stating they have transferred my account over to Akinika.
31/10/13 Standard letter from Akinika asking me to contact them.
21/11/13 Letter from Akinika offering a "substantial" reduction if I settle within 72 hours.
03/12/13 Letter from Akinika threatening legal action if they don't receive payment within 10 days.
22/12/13 Harassment by Telephone Letter Sent to Akinika.
24/12/13 Letter from Wright Hassall solicitors saying they might have to take legal action to recover the debt.
21/01/14 Letter from Akinika saying they might be able to reduce the debt if I contact them.
27/01/14 Letter from Akinika advising me that a Doorstep Collector will be calling on me.
28/01/14 Further letter from Akinika received saying they might be able to reduce my debt.
06/06/14 Letter from Bank of Scotland saying they are now passing the debt over to Wescot.
17/06/14 Letter from Westcot saying I need to contact them urgently.
22/06/14 Letter from Westcot saying further action will be taken and I have been referred to a visit by a Door Step Collection Agency.
04/09/14 Statement received from Bank of Scotland.
03/09/15 Letter received from Cabot Financial saying they would like to help me take positive steps to repaying the debt.
17/09/15 Reminder received from Cabot Financial.
01/10/15 Letter from Cabot Financial saying they are now considering legal action,
06/10/15 Letter received from Cabot Financial saying they will accept £5689.20 (a third of the debt) in settlement.
19/11/15 Letter received from Shoosmiths Solicitors saying they will commence court proceedings if they don't here from me in 14 days.

Okay I've found this post ^^^^

I see you sent HBOS a CCA request in 2013 and you got a response from them with a recon (acceptable?)

But I can't see whether you sent it to Niddy to assess whether it was enforceable or not. There are recons and then there are cons.

Plan B x