Adinuff's UE Diary

[Adinuff]

Hi everyone,
ive been advised to start a DFD. Just been looking not many people are doing this Im wondering if i am in the right place. Do i need a new thread for every debt or just 1 thread for all of them

Adniff

[IF]

Re: Adinuff DFD

I've moved your thread to the UE diary section Adinuff. Please do a post for each debt as below.

Please could you read the post below from Never-in-Doubt what to do next. The more information the better for Niddy.

Best wishes on your UE journey
IF…x

Click on link ------ > Unenforceability Diaries - Read me First! - allaboutFORUMS

To help me, to help you, please provide the following information for each account:

• Type of account (credit card/loan)
  
  
• Date commenced (ideally before Apr 2007)
  
  
• Approx balance
  
  
• Date last paid (approximate date you last made a FULL payment)
  
  
• Are you on arrangement or not paying
  
  
• Status (default/in arrears/up-to-date)
  
  
• Account owner (who is writing to you, a DCA or the lender)

Providing the above information, for each account helps me. Then, when you start the process lay your diary out in a format like this example

---> Example of perfect layout

All you have to do is read down, you'll see Pixie has placed each account in its own post with updates in colour under each so when she updates these, it is easier for me to spot any changes and advise accordingly.

[Adinuff]

Re: Adinuff DFD

Hi IF,
I managed to find in end.

Thanks

Adniff

[Adinuff]

Re: Adinuff's UE Diary

Barclays Bank (joint current account)

Balance approx £4785.11

Default date 08/2006

Default amount £6011

DMP (Payplan) - £13.89 monthly Stopped Paying

Barclays Bank Plc CDS Collections

21/01/13 - SAR sent
21/02/13 - SAR received. All statements received.Need advice on claiming back charges and validity of OD if applicable

06/03/13 - CCA request sent as per template on Overdrafts section

07/03/13 - reduced payment to £1

14/03/13 - Received letter back from Barclays stating : You have asked copies referring to Consumer Credit Act. Sections 77 and 79 do not apply to running account credit agreements, such as overdrafts. therefore they are irrelevant to your current account overdraft. Section 78 does apply to running account credit agreements, but it refers to "executed agreements(if any)"
Barclays standard practice means that customers did not sign agreements for overdrafts on current accounts so no executed agreement within the meaning of section 78. (provided at relevant time) that overdrafts on current accounts do not need to be documented in the same way as loans and CC agreements. Section 78 also refers to a statement of accounts, which will be provided upon payment of £1.

24/03/13 - Drafted response letter in templates section. Will post tomorrow

19/6/13 - Received letter from CDCS Collections Services. According to our records there is an arrangement in place for the above account to receive repayment of no less £xx.xx. Payments must be made asap.Gonna ignore

18/07/13 - FINAL NOTICE - unless full settlement is made immediately your account will be place in the hands of a professional debt Collection agency for the recovery of full balance. Please be aware that we may transfer funds that you owe in current, savings or other accounts to reduce or repay in full. Gonna Ignore but need some advice.

26/07/13 - Letter from Barclays .Responsibility for collecting debt has been transferred to BCW Group limited. Ignore

29/07/13 - Letter from BCW group we have been instructed by Barclays to recover an outstanding amount of £5330.48.

09/08/13 - Letter from BCW Group. We wrote to you recentloy regarding your outstanding balance with Barlcays PLC and regret to note the blance of £5330.48 remains outstanding. We are in a postion to provide support and adivce. But if you do not contact us we will have no option but to escalate thisd matter. Gonna ignore.

13/08/13 - Letter from BCW group. We have written to you on two separate occasions and you have ignored both attempts to contact you. In the previous letter we mentioned that we have a very limited time scale in which to resolve this matter given the age and value of the debt occurred this period has now elapsed and a report has been submitted to a debt investigation officer. The officer may conduct a site visit to your home to assess your circumstances and to make arrangements for repayments.

14/08/13 - Letter received from BCW Group. We recently wrote to you regarding the outstanding balance with our client, and we regret to not the balance still remains outstanding. With this in mind , i am able to offer you an opportunity at a discounted rate of 40%. Please ring immediately to discuss this matter further.

23/01/14 - Letter received from Barclays. Your account has now been passed to moorcroft .

27/01/14 - Letter received from Moorcroft. The purpose of this letter is to ask you to contact us so we can discuss repayment of this account. please contact us in 7 days.

10/02/14 - Letter from Moorcroft. To prevent further action please send payment in full before 17/02/14. if not we will consider further action. Gonna ignore.

24/02/14 - Letter from Moorcroft. Monthly installment offer. Gonna ignore

27/04/14 - Letter from Moorcroft. Discount offer available. Please ring and discuss possible agreement. Gonna ignore.

28/05/14 - Letter from Home Collection /services. Could be debt free if you agree interest free installments or substantial discount.

[Adinuff]

Re: Adinuff's UE Diary

Egg Card (wife)

Balance Approx - £2570.62

Default date - Approx 2006

Default Amount Not known

DMP (Payplan) - £7.46 Stopped Paying

Barclays bank Plc CDS Collections

21/01/13 - SAR and CCA request sent too Barclaycard
18/02/13 - Letter received Acknowledging receipt of request. Will respond asap.
21/02/2013 - Letter received from barclaycard too say they have been careless with CCA :-)Cant enforce, would u be soo nice and keep up payments :-D
07/03/13 - stopped payment
19/06/13 - Received letter from BC that they have not received any payment for the account. Please make immediate payment. Gonna ignore.

12/07/13 - Letter from Barclaycard stating that we have not received any payment. BLAH
11/08/13 - Letter received from Barclaycard. we are writing to let you know we have not received any payment for the above account. Please make immediate payment for full outstanding balance.

01/10/13 - letter from Barclayshark. Formal demand for payment. as you have not responded to the default notice you were sent my Mercers Debt Collection Ltd. Payment of the outstanding balance shown above is now due in full. this formal demand is a legal document. we are notifying you of our intention to file a default at the credit reference agencies.

16/10/13 - letter from Barclayshark. Your account has now been passed to Wescot Credit Services.

20/10/13 - Letter from Wescot. Please pay us immediately. Gonna ignore

30/10/13 - Letter from Wescot. Final Notice. Our latest enquiries have now confirmed you are still resident at this address.

09/11/13 - Letter from Wescott. Reduced settlement offer. Gonna ignore

27/11/13 - Letter from wescott. Please contact us. Gonna ignore.

08/12/13 - Letter from Wescott. Sent an income and expenditure form. Gonna ignore.

27/11/13 - Letter from Wescott. Please call us. Gonna ignore

[Adinuff]

Re: Adinuff's UE Diary

Egg card (mine)

Balance Approx - £8575.46

Default Date - Approx 2006

Default Amount - Not known

DMP -(Payplan) - £24.89 Stopped Paying

Sold too - Credit Solutions

21/01/13 sent off CCA and SAR request too Barclaycard
11/02/13 Recieved acknowledgement of request for Section 78 and 189.

15/02/13 Reiceved Recon from Barclaycard. Also covering letter stating "nothwihstanding that we cannot currently enforce the agreement, our rights continue to exsist under the agreement...blah blah

07/03/13 - Stopped payment

10/09/13 - Letter from Barclaycard. Your debt has now been passed onto Allied International Credit Uk to manage the collection of the balance outstanding on your account. Gonna ignore

08/10/2013 Letter from AIC. Balance outstanding please pay. We are unaware for a reason for non payment.

29/10/13 - Letter from Allied International Credit. Last chance for you to work with us Gonna ignore

06/01/14 - Letter from AIC. No payment has been made and this account is now considered to be in default. Please contact us to discuss this default.

26/02/14 - Letter from Barclayshark Account has now been passed to Wescot.

01/03/14 - Letter from wescot please pay immediately.

11/03/14 - Letter from Wescot. Reminder notice to pay.

21/03/14 - Letter from Wescot. reduced Settlement offer. Gonna ignore.

09/04/14 - Letter from Wescot. Take opportunity to take control of your outstanding balance.

20/04/17 - Letter from 2f. Confirmation of residency. Our inquiries indicate that your are resident at the above address. Please contact us.

19/06/14 - Letter from Barclaycard. Debt being transferred to MKDP LLP.

16/06/15 - Letter from MKDP account statement with nothing on it

07/10/15 - Letter from Hoist. They are stating they have took over the balance from MKDP LLP. Robbing Scum will manage the account. Will send a account in dispute letter.

26/10/15 - Letter from Robbin Scum. Writing to to say they have noted dispute. Will write again.

[Deepie]

Re: Adinuff's UE Diary

Nice one ... keep that letter very very safe.

[Adinuff]

Re: Adinuff's UE Diary

Nice one ... keep that letter very very safe.

Filed between my birth certificate and marriage certificate

[Deepie]

Re: Adinuff's UE Diary

Barclays Bank (joint current account)

Balance approx £4785.11

Default date 08/2006

Default amount £6011

DMP (Payplan) - £13.89 monthly

Barclays Bank Plc CDS Collections

21/01/13 - SAR sent
21/02/13 - SAR received. All statements received.Need advice on claiming back charges and validity of OD if applicable

Have you read this ? ----? Overdrafts - CCA Information

[DoTheyMeanMe]

Re: Adinuff's UE Diary

15/02/13 Reiceved Recon from Barclaycard. Also covering letter stating "nothwihstanding that we cannot currently enforce the agreement, our rights continue to exsist under the agreement...blah blah

Yeah, of course they do. They have the right to ask you to pay and that's about it.

If I lost £5000 in the street and someone else found it and kept it, although it was mine by right I wouldn't expect to ever see it again.
Likewise with Barclaycard, they have lost your agreement. The money owing to them is like my lost £5000. Teach them to be more careful in future.

Let's wait and see if they have been as careless with your wife's agreement.

[Adinuff]

Re: Adinuff's UE Diary

Intelligent Finance CC (Mine)

Balance Approx - £7026.11

Default Date - Approx 2006

Default Amount - Dont know Exactly

DMP (Payplan)- £20.39 monthly Stopped Paying

Sold - EOS Solutions Ltd

21/01/13- SAR and CCA request sent

24/01/13 -Section 77/78 request returned, signature required.

04/0/13 - Reconstitued version of the executed agreeement sent. Will send original signed application to comply with 60/61 request

04/02/13 - SAR request returned again. Will let me collect from local branch


10/02/13 - letter sent comfirming address of my local branch to collect SAR

18/02/13 - Copy of original signed application sent. Letter stating no need to send original.

19/02/13 - SAR request - letter stating they are in process of requesting information. Will send information by 26 March 2013

02/03/13 - recieved correspondence from niddy saying CCA are unforceable AT the moment. Need to send a letter asking for prescribed T&C's

05/03/13 - Sent off letter stating missing Pres T&C's

07/03/13 - Stopped payment

09/03/13 - Recieved letter from EOS stating account is in default. Contact us asap to bring acct upto date.

09/03/13 - Sent letter stating my CCA request from 21/01/13 has not been fulfilled by OC too EOS Solutions. Have attached a copy of original letter.

13/04/13 - Letter from EOS Solutions. We have forwarded a copy of your correspondence to Cabottom. account has been placed on hold until then. sit and wait.

19/08/13 - Letter from Cabottom finance. We would like to inform you that the Cabottom Credit Managment Group have now recalled your account from EOS Solutions UK Plc. We offer a choice of payment methods.

11/9/13 - Letter from Cabot financial. Your request for information under the CCA. Unfortunately cabot has not been able to provide you with the requested information within the relevant time period. we shall continue to request the information from the lender. Your credit agreement is currently unenforceable, which means we are not permitted to obtain a judgement or decree against you in court. However you are obliged to repay the outstanding balance.

[Pixie]

Re: Adinuff's UE Diary

You don't ask them for the MTP, you just tell them they haven't sent them!

I assume you'll be using the template from here?

[Adinuff]

Re: Adinuff's UE Diary

Hi pixie,
Yes I will be using a template from here. Last night I tried to download one. But the section was inaccessible. Hopefully do it today.

Adiniff

[Adinuff]

Re: Adinuff's UE Diary

HSBC Bank Current Account Business Sole Trader (joint)

Balance Approx - £13178.92

Default Date - 14/03/07 (Passed over to Payplan)

Default Amount - £15500

DMP (payplan) - £40 monthly Stopped Paying

Inhouse Collections - Metropolitan

21/01/13 - SAR request sent

28/01/13 - Letter recieved confirming they will insitgate a search reference SAR

30/01/13 - Letter recieved stating signature required for CCA request

04/02/13 - Letter sent stating that signature is not required and will pick up documents from local branch with SAR request.

27/02/13 - Letter recieved documentation is ready for collection at local branch

06/03/13 - Recieved SAR from HSBC regarding business current account. Original Overdraft was £4250. Account went over to £25k at one stage with Charges and interest. Payplan sent a letter to Ombudsman in 2008 for interests charges to be stopped. Intially rejected by HSBC in 2006. Account is back down to £13178. so seems they must of took charges and penalties off i presume. Need to confirm with PP.

06/03/13 - CCA request sent as per template on Overdrafts section

07/03/13 - reduce payment to £1

26/03/13 - Received letter back from HSBC. "Thank you for your letter dated 06/03/13. we are currently looking into this with the relevant department. Will get back to me with a full response once investigated"

12/04/13 - Recieved letter from HSBC stating they are looking into my complaint. estimate response by 10/05/13.

17/04/13 - received letter from HSBC. May i advise you, the consumer credit (EU Directive) 2010, which inserted sections 74A and 74B into the consumer Credit Act 1974 (hereinafter the Act), does not impose a duty on a crditor to provide copies of the historic overdraft agreements. Nevertheless we enclose a copy of the facility letter dated 12/;03/08, being a copy of the overdraft agreement,for your info.
As the requirements set out in sections 74A and 74B of the act did not come into affect until 1 feb 2011, they do not apply to the agreement in question. Notwithstanding, the facility letter contains information which would in any event comply with the newly inserted provisions.
as to your contention that the bank is under a duty to furnish you with the information required by the aforementioned sections on annual basis, we cannot agree. These provisions only apply to existing and prospective overdraft agreements.
The balance outstanding on this account arose from the agreement entered into in March 2008 which was fixed in duration until 19 March 2009. as such, this debt relates to a historic OD agreement and the facility is no longer available. Therefore, the bank is not required to provide an annual statement relating to the current OD agreement as there is no such agreement in existence.
At this stage we would like to point out that upon the account closure in March 2009, the balance outstanding was transferred for recovery to Metropolitan Coll and interest and charges have remained frozen. Whilst i appreciate that this may not have been the response you may have anticipated, i trust this serves to clarify the banks position on the matter.

18/04/13 - 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 likelt 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.

29/05/13 - Letter received from Metropolitan Col stating "you have not made a suitable arrangement to repay the outstanding balance on your account. Must call us asap. we may be prepared to agree a discount to your balance. They have increased the debt back to £20,834 from £13k. Gonna ignore for time being

26/06/13 - Final demand. Despite making several attempts to contact me. if we do not hear from you in 7 days we will take further action against you to recover this amount.

17/07/13 - Two Letters received from Metropolitan in both names advising account has now gone to Central Debt Recovery unit.

27/07/13 - Limited Discount offer. We have written to you on previous occasions in connection with your debt. We understand you may be experiencing financial difficulties. Your account is being prepared to be referred to a debt collection agency who may call at our home. With this in mind our clients are prepared to offer you a generous DISCOUNT of 40% in full and final settlement, subject to payment being received within 10 days.

18/08/13 - Letter from Metropolitan. Please be aware your account is today being referred to Wescot Credit Services Limited, who will be contacting you within the next 14 days. They have been selected to work with you to help understand your present circumstances.

24/08/13 - Letter from Wescot Credit Services. we have been instructed by our clients to collect outstanding balance. To avoid further action you must contact us asap.

09/09/13 - Letter from Wescot. Final Notice...Our latest enquiries have now confirmed you are still resident at this address but we have not received a reply to our correspondence. Contact us in 10 days or further collection activity will be taken to recover the full outstanding balance.

13/09/13 - Letter from Wescot. 20% reduced settlement. Contact us by 23/09/13 to take this marvelous offer.

29/09/13 - letter from wescott. We understand that there are many why you have not responded to us in relation to this account...we can help...Blah blah....Gonna ignore

07/12/13 - Letter from 2F. Confirmation of residency. Contact us asap

08/04/14 - Letter from Moorcroft. Your account details have been passed to us from HSBC. We offer a flexible approach to paying. We Will contact you in next 7 days by letter or phone to discuss your repayment.

25/04/14 - Letter from Moorcroft. We have not heard from you following our recent letter. Our aim is to establish a repayment plan that you can afford and maintain. Please reply within 7 days. Other options include instruction of local agent and the possible continued recording of an adverse entry on your credit file detailing this default.

09/05/14 - Letter from Moorcroft. Monthly instalment offer. Please contact us.

23/05/14 - Letter from Midas. We are a part of moorcroft group. we have taken over the review of this account.

07/06/14 - letter from Moorcroft. Your account has now been passed to home collections.

[Adinuff]

Re: Adinuff's UE Diary

HFC Marbles CC (wife)

Balance Approx - £2249

Default Date - Approx 2006

Default Amount - £2700

DMP (Payplan) - £6.53 Stopped Payment

Sold - Lewis Group

05/03/13 - Have Sent CCA and SAR request to HFC. Sent wrongly to HBOS before :-(

07/03/13 - Reduced payment to £1

25/04/13 - Received letter back from beneficial reference SAR request.Thank you for your recent letter in which you have requested information relating to the agreements you hold with us. we have assumed that your request for information is likely to be in relation PPI policies. We can confirm the account did not hold PPI charges. Returned £10 postal order :-)Still no reply to CCA request.

29/04/13 - CCA reminder request letter sent to Beneficial.

28/08/13 - Letter received from CL Finance. You have failed to make agreed payments towards concessionary arrangements on your account. Gonna ignore.

01/10/13 - letter received from Howard Cohen Solicitors stating that they have been instructed to issue a claim against wife at the county court in respect of the above debt. Should you fail to respond to this letter , a claim will be issued against you without further notice.

29/01/14 - 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 assoicated 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.

15/02/13 - Letter from Robbin Scum. Your account has been passed to us by our client to act as a collection agent and well will be now be dealing with it. Please contact us in 7 days.

24/02/14 - letter from Robin Scum. Please contact us for a discussion regarding this debt. Gonna ignore

22/03/14 - Letter from Robinscum. Pllease contact us.

11/04/14 - Letter from Drydensfairfax. We have been instructed by our clients agent Robbin Scum. Please pay within 10 days or face further action.

05/06/14 - Letter from drydenfairfax. Unless we receive payment for full amount we will issue proceedings in county court with a view to a CCJ.

14/04/16 - Letter from Robbin scum. Account is due to be transferred to Howard Cohen Solicitors. At bottom of letter it has an notice of assignment. debt is being passed onto HPH ltd but Robbin Scum are still dealing with it