Adinuff's UE Diary

[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 from Barclaycard - 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.

Hey Guys,
Just wanted your advice on this. I currently have a Barclaycard. Im wondering if they can take funds from my natwest account which has a DD to BC to pay of this debt?


Adinuff

[Adinuff]

Re: Adinuff's UE Diary

Hey Guys,
Just wanted your advice on this. I currently have a Barclaycard. Im wondering if they can take funds from my natwest account which has a DD to BC to pay of this debt?


Adinuff

Sorry wrong quoted wrong post. Please Ignore.

[Enforcer]

Re: Adinuff's UE Diary

Standard letter designed to frighten you into phoning them. Ignore.
If they do actually turn up, and that's a VERY BIG IF, tell them to p--s off, or words to that effect.

[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 recieved 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.

18/07/13 - FINAL NOTICE from Barclaycard - 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.

[/QUOTE]

Hey Guys,
Just wanted your advice on this. I currently have a Barclaycard. Im wondering if they can take funds from my natwest account which has a DD to BC to pay of this debt?


Adinuff

[Adinuff]

Re: Adinuff's UE Diary

Standard letter designed to frighten you into phoning them. Ignore.
If they do actually turn up, and that's a VERY BIG IF, tell them to p--s off, or words to that effect.

Cheers Enforcer. Will start looking in dictionary for some choice words

[Enforcer]

Re: Adinuff's UE Diary

If you specified the figure on the direct debit, say £10.00 a month, then no. If however you signed that they could take a variable figure, say for the sum outstanding, then knowing how they work, they may just hit your account.
I would cancel this direct debit, and change it to a standing order, that is assuming you still want to pay them.
You did say, 7/3/13 that you had stopped paying them, when did you set up a direct debit with them, and more to the point, why?

[Adinuff]

Re: Adinuff's UE Diary

If you specified the figure on the direct debit, say £10.00 a month, then no. If however you signed that they could take a variable figure, say for the sum outstanding, then knowing how they work, they may just hit your account.
I would cancel this direct debit, and change it to a standing order, that is assuming you still want to pay them.
You did say, 7/3/13 that you had stopped paying them, when did you set up a direct debit with them, and more to the point, why?

Hi Enforcer,
I got a little confused. this is my wifes Egg card which was bought by Barlcaycard. So they cant take any money from my account. Sorry

Adinuff

[garlok]

Re: Adinuff's UE Diary

Hey Guys,
Just wanted your advice on this. I currently have a Barclaycard. Im wondering if they can take funds from my natwest account which has a DD to BC to pay of this debt?


Adinuff[/QUOTE]
No they can't. the Right to Set off only applies to accounts within the same banking group. That is why we always recommend on starting a dispute with any bank for any reason the you open a "parachute"
account at another bank not related to the one in dispute.

regards
G

[Adinuff]

Re: Adinuff's UE Diary

Hi Guys there offering a "so called" generous offer of 40%. Dont think they have even taken of the full interest and charges loaded onto this account. Gonna ignore for time being and see what there next step is. Any advice or experience with HSBC would be welcome

Adinuff

[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.

Hi Guys there offering a "so called" generous offer of 40%. Dont think they have even taken of the full interest and charges loaded onto this account. Gonna ignore for time being and see what there next step is. Any advice or experience with HSBC would be welcome

Adinuff

[Never-In-Doubt]

Re: Adinuff's UE Diary

I'd ignore but keep us updated. They'll probably pass to their scary colleagues across the way in Coventry called Metropolitan

[The Tech Clerk]

Re: Adinuff's UE Diary

somebody call "" Metroplitan""", those lame ducks i.e. the in house DCA monkeys of HSBC (Hang Some Before Christmas) Bank.

[Adinuff]

Re: Adinuff's UE Diary

HBOS CC (wife)

Balance approx - £4967

Default Date - Approx 2006

Default Amount - £6000

DMP (Payplan) - £14.41 Stopped Payment

Sold - Lewis group


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

08/06/13 - Letter received from CL finance that we have failed to make agreed payments. We need to make payments within 10 days otherwise termination of agreement and a doorstep visit to collect payment.

19/08/13 - Letter received from HC & Co Solicitors. notice of pending action. we have been instructed to issue a claim against you in the county court in repsect of above debt. Should you fail to respond to this letter, a claim will be issued against you without any further notice. Our client has asked that we take this final opportunity to remind you off implications of action being taken against you through court. Need advice on this one.

Hi Guys ,
Received this on 12 Aug. They're saying they will take me to court. Could you please advice me on next step. Or is this a threatogram?

Adinuff

[Never-In-Doubt]

Re: Adinuff's UE Diary

Hi Guys ,
Received this on 12 Aug. They're saying they will take me to court. Could you please advice me on next step. Or is this a threatogram?

Adinuff

Why the 7 day delay before telling us?????

Did you ever make them aware of the failed s.78? If not, do so!

i.e......(edit the date of letter)

Dear Sirs,

Ref: xxxxxxxx

I write with reference to your letter dated xx August 2013 and note the content within.

I am a little dismayed to receive such a threat when surely you must know that the Original Creditor is actually in default of my lawful s.78 CCA Request made several months ago now? If not, then before making future threats, I politely request that you speak to the Original Creditor and have them send me the correct documentation so that they can comply with the provision of the Consumer Credit Act because if any action is forthcoming as a result of this I will defend the claim and also request costs based on the vexatious nature of any such claim. There is a clear fault with the information sent to me with the documents received to date, which does not alleviate the Original Creditor of their obligations within s.78.

I look forward to receiving the missing documentation that will then allow me to check the details and ascertain the facts surrounding your claim(s).

Yours faithfully,


Sign Digitally

[Adinuff]

Re: Adinuff's UE Diary

Why the 7 day delay before telling us?????

Did you ever make them aware of the failed s.78? If not, do so!

i.e......(edit the date of letter)

Dear Sirs,

Ref: xxxxxxxx

I write with reference to your letter dated xx August 2013 and note the content within.

I am a little dismayed to receive such a threat when surely you must know that the Original Creditor is actually in default of my lawful s.78 CCA Request made several months ago now? If not, then before making future threats, I politely request that you speak to the Original Creditor and have them send me the correct documentation so that they can comply with the provision of the Consumer Credit Act because if any action is forthcoming as a result of this I will defend the claim and also request costs based on the vexatious nature of any such claim. There is a clear fault with the information sent to me with the documents received to date, which does not alleviate the Original Creditor of their obligations within s.78.

I look forward to receiving the missing documentation that will then allow me to check the details and ascertain the facts surrounding your claim(s).

Yours faithfully,


Sign Digitally

Hi Niddy,
I'm sorry i have been soo busy at work that i haven't had time to go through letters until a few days ago. will get this letter drafted asap and sent.

Adinuff