Adinuff's UE Diary

[Adinuff]

Re: Adinuff's UE Diary

Hi PlanB & Cym,
I sent Niddy there CCA and he said its unenforceable. I asked if i should send a response and he said no. I will post to Niddy. Ive had a default notice but no record of it. I will email over now

Thanks

Adinuff

[PlanB]

Re: Adinuff's UE Diary

Got this reply from Kearns Solicitors. Shall i ignore it.

I'm loath to ignore LBAs and this does sound like one.

Why don't you email Niddy and me a copy of it using PlanB@all-about-debt.co.uk and webmaster@all-about-debt.co.uk

Your deadline for response seems to be 24th November so there's time to give this some serious thought. It's an £11k+ debt isn't it?

The CCA has been deemed unenforceable but do you know if that could that be remedied one day or is it irredeemably UE? Email the CCA again as well (we don't store your documents on the system) so we can ask a solicitor who helps us whether you have anything to worry about if Kearns Solicitors do go ahead and issue proceedings.

(Have you ever had a DN and if so can you email that too?)

Plan B x

[cymruambyth]

Re: Adinuff's UE Diary

Hi, I'll check on the best way forward for you. That could be a Letter Before Action or LBA, so I'll make the legal bods have a look.

[Adinuff]

Re: Adinuff's UE Diary

MBNA CC (mine) CCJ

Balance Approx - £9440

Default Date - Approx 2006

Default Amount - £11300

DMP (Payplan) - £27.39 monthly Stopped Paying

Sold to Link Financial

21/01/13 SAR and CCA request to Link (CCJ supersedes CCA..i know :-( )

24/01/13 recieved SAR back from Link

09/03/13 Ignore post dated 21/03/13 CCJ and CO not on this account. In the process drafting a CCA and SAR request.

29/4/13 - CCA reminder letter

19/6/13 - Letter received from MBNA. Thanks for your letter dated 29/4/13 regarding account. In response to your letter, we an confirm that information we are required to provide in accordance with section 78 of CCA Act 1974 has been forwarded to Link Financial, who purchased the account on 25 March 2013. Any further queries please contact them. Gonna ignore.

17/06/13 - Letter from MBNA. Thank you for your letter dated 29/04/13. In response to your letter we can confirm that the information we are required to provide in accordance with section 78 off CCA has been forwarded to Link Financial, who purchased the account 25/03/13.

12/08/13 - Statement of account received from link. They seem to have receiving payments of £1.41 from someone (not me for sure )

26/02/14 - Letter from Link Financial. This letter is final notification that any agreement you had with Link financial to repay your debt has been cancelled for non payment. Please call us to discuss matter. Gonna Ignore.

29/09/15 - Letter from Link Financial. Despite our efforts to collect this sum through communication and negotiation the balance remains unpaid. We will pass this onto Messrs Kearns Solictors. Going to send account in dispute letter.

20/10/15 - Letter from Link Kearns Solicitors stating we have 14 days to pay remaining balance. Sending account sold in dispute letter

22/10/15 - Letter from Link Financial . Link have sent a CCA. Will post to Niddy for analysis.

26/10/15 - The man from Del Monte he say No !! its UE

09/10/15 - Letter from Kearns Solictors. We have cimplied with your S78 request on 22Oct 2015 removing any bar upon enforceability imposed by your S78 request. There is an absence of any material dispute in respect of what has, historically , always been an admitted debt, to which installments have been paid via a DMP. Accordingly, our instructions therefore are to raise proceedings for enforcement of the agreement seeking repayments of the due of the outstanding amount together with interest and costs on or after 24 Nov 15 in default of satisfactory proposals for discharge of the outstanding balance.

Hi Niddy,
Got this reply from Kearns Solictors. Shall i ignore it.

Adinuff

[nightwatch]

Re: Adinuff's UE Diary

bbb

[Adinuff]

Re: Adinuff's UE Diary

aaa

[nightwatch]

Re: Adinuff's UE Diary

If this is the 1st letter to Robinson way I would send the Sold while in dispute letter, start back at the beginning play for time xx

[Adinuff]

Re: Adinuff's UE Diary

yes I would, keep a nice neat papertrail

Hi Mrs D,
Which template would i send? im looking in AAD+ templates. would it be CCA query dispute one? theres no missing T & C's dispute template

Adinuff

[MrsD]

Re: Adinuff's UE Diary

yes I would, keep a nice neat papertrail

[Adinuff]

Re: Adinuff's UE Diary

HSBC CC (wife)

Balance Approx - £4205

Default Date - Approx 2006

Default Amount - £5100

DMP (Payplan) - £12.21 Stopped Payment

Sold - Lewis group

06/03/13 - Recieved CCa and SAR for above account.Scanning now and will send to Niddy for analysis. first thoughts are it is enforceable

07/03/13 - Word back from Niddy. Seems like the CCA is enforceable :-(

07/01/13 - Reduced payment to £1

18/03/13 - Letter addressed to wife. "Response to a request pursuant to Section 77 of the consumer Credit Act 1974. we write to your letter dated 25/01/2013???. in normal circumstances the request you have made under section 77 off the CCA 1974 is not valid and HSBC has no obligation to provide the documents you seek. This is because the info relates to closed /repaid products that are no longer in force.
However we have assumed that your request for info is likely to bin relation to obtaining details of PPI that you held with HSBC...goes onto mention CC that they think i have held with PPI. return my £1 postal order for safekeeping.

02/07/13 - Letter From CL Finance. You have failed to make agreed payments towards the concessionary arrangement on account. We require payment in 10 days of the date of letter. Going to ignore.

07/02/14 - We write to inform you by an agreement dated 13/12/13 , CL finance (part of Lewis Group) has assigned all of the rights, obligations and benefits associated with the above account to Hoist Portfolio Holding Lts to whom all monies are due. Please note Robbin Scum are now managing your account on behalf of HPH Ltd. please pay the. Gonna ignore.

08/02/14 - Thank you for paying your account by instalments to a doorstep collector. As from 27/01/14, robin Scum will be managing your account on behalf of HPH Ltd (ex HSBC) However there will be no change to the arrangement that you have with your current doorstep collector. They will be advised that they need to direct all payments to Robbin Scum instead of Lewis Group. Ring us to discuss your account.

16/04/14 - Letter from Robbin Scum. Despite attempts to contact you, the above account remains unpaid. Gonna ignore.

13/06/15 - Letter from CL Finance. Notice of Assignment to Robinscum way Ltd. Im going to reply to this letter. Standard account in dispute template.

13/06/15 - Lettter from Robinson Way. Please call us.


[/QUOTE]

Hi Guys,
I made an error in not replying to these notice of assignments last time. And a court summons landed on my desk for another account. I dont want to make the same mistake again with this one. With this account if i remember rightly they did send a copy which Niddy said was enforceable. I then replied back missing prescribed template as Niddy said for a stall measure. Then i was sent a a Howard Cohen Letter Notice of legal pending notice to which i wrote a reply stating the default of my S78 request. this letter was sent recorded and to the same Howard Cohen address. It was returned 1 week later unopened. Shall i send an account in dispute letter to Robinscum?


Adinuff

[cymruambyth]

Re: Adinuff's UE Diary

Anyone can negotiate a Tomln Order. Court is a lottery for both sides; if it is a small claim, as yours is, then I'm pretty sure that court costs cannot be added to the outstanding balance, so the creditor can lose out twice. They pay their own court expenses and can have a very low repayment set by the court that will outlive everyone, a CO is only a means of guaranteeing payment, it rarely leads to a forced sale.

[Adinuff]

Re: Adinuff's UE Diary

How long is a piece of string Adinuff?

Seriously though, each case varies according to the facts so there are no definitive answers to your questions but I'll have a go at putting your mind at rest for now:

1. The DJ is there to judge the evidence provided by both sides and not the morals of the bank, so I doubt the "duty of care" argument will wash unless harassment etc becomes an issue.

2. Sadly we're seeing DJ's adjourn hearings so that the Claimant can find the documents they need. It's not fair but it happens. The Defendant has to argue to have the claim struck out instead.

3. If the Claimant/creditor provides solid evidence of the debt then the DJ would probably have no option but to grant a judgement. However there are many ways to challenge the credibility of the evidence the banks provide. Both sides should have disclosed (exchanged) the documents they intend to rely on at Trial in advance which will give you the opportunity to know what cards they're holding and see if you've got any ammunition to destroy their evidence. If it looks doomed to failure then you can make an offer which if accepted could be neatly wrapped up in a Tomlin Order which is not recorded on the CRA files like a CCJ.

4. A Tomlin Order for a F&F agreed by both parties will prevent a CCJ. The DJ can't overrule your agreement, he has to rubber stamp the Tomlin Order.

Now relax, they've not written to you for yonks. They should send you a Letter Before Action before they can issue legal proceedings. We have an awesome template letter on here to send back to them if you get a LBA.

PlanB x

Hi PlanB,
Been looking into the Tomlin order and since you mentioned it. Never heard of it before. Couple of questions id you know the answers. Dont you think a creditor with judgement in there favor would go for a CCJ and then onto a charging order? I know that people with job sensitive careers can apply for them. What about the rest of us?

Adinuff

[PlanB]

Re: Adinuff's UE Diary

So if they turn up the heat and send me court papers for this account. i can send them another CCA request?

I know why you're feeling nervous now, it's because you've just received a court summons for another debt. But in that case you seemed to have ignored a LBA sent to you by solicitors in June so they issued proceedings three months later. It's never a good idea to ignore a LBA.

Of course you should send another CCA request now if it makes you feel better. It's your call. All we do on AAD is tell you your options so you can make an informed decision on what you would like to do next

[PlanB]

Re: Adinuff's UE Diary

How long is a piece of string Adinuff?

Seriously though, each case varies according to the facts so there are no definitive answers to your questions but I'll have a go at putting your mind at rest for now:

1. The DJ is there to judge the evidence provided by both sides and not the morals of the bank, so I doubt the "duty of care" argument will wash unless harassment etc becomes an issue.

2. Sadly we're seeing DJ's adjourn hearings so that the Claimant can find the documents they need. It's not fair but it happens. The Defendant has to argue to have the claim struck out instead.

3. If the Claimant/creditor provides solid evidence of the debt then the DJ would probably have no option but to grant a judgement. However there are many ways to challenge the credibility of the evidence the banks provide. Both sides should have disclosed (exchanged) the documents they intend to rely on at Trial in advance which will give you the opportunity to know what cards they're holding and see if you've got any ammunition to destroy their evidence. If it looks doomed to failure then you can make an offer which if accepted could be neatly wrapped up in a Tomlin Order which is not recorded on the CRA files like a CCJ.

4. A Tomlin Order for a F&F agreed by both parties will prevent a CCJ. The DJ can't overrule your agreement, he has to rubber stamp the Tomlin Order.

Now relax, they've not written to you for yonks. They should send you a Letter Before Action before they can issue legal proceedings. We have an awesome template letter on here to send back to them if you get a LBA.

PlanB x

[Adinuff]

Re: Adinuff's UE Diary

I'm not following your logic. You have not corresponded with this creditor since March 2013. They've not sent you any letters for the last five months.

So why would you want to send a CCA request now unless you particularly want to wake them up so they will start chasing you again as soon as you draw attention to yourself

Hi Plan B,
So if they turn up the heat and send me court papers for this account. i can send them another CCA request?

Adinuff