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Diasflac UE Diary

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  • #1

    Diasflac UE Diary

    I'm not sure this is UE but it's a diary I'm starting today for moneys owed. I've stolen some templates from here if you don't mind and used some letters of my own (happy to upload if anyone wants to see). I'll give it a whirl, there's only a couple as most of my debt is in an IVA which was set up before I discovered this site unfortunately.
    • Vodafone (5 contracts)
    • Date commenced - May 2011
    • Approx balance - £2,786.12
    • Date last paid - October 2012
    • Not Paying due to them increasing prices mid-contract.
    • Status - Defaulted
    • Account owner - Fred Pay Intenational (FPC)

    03.05.13 - Sent letters - Investigation by regulator/Breach of contract/Unfair terms in a contract/Dispute regarding term in a contract/F&F offer (no early termination charges).
    12.05.13 - Received letter from FPC saying they will investigate the matter with their client and account is now on hold for 30 days.
    24.05.13 - CCA request sent.
    03.07.13 - Received letter from Fred Pay with all of my bills showing the whole outstanding balance to be early termination. Letter says this is in response to my complaint sent on the 03.05.13... Which it isn't.
    03.07.13 - Called Fred Pay asking what they are playing at, advisor said the notes on the system says my letter asked for a copy of the final bill, this isn't the case. Demanded they actually read my letter and respond accordingly, not with something I never asked for.
    24.07.13 - Two texts from FPC asking me to call them urgently over last 2 days.
    24.07.13 - Returned the urgent calls, advisor apologised for the text messages and said they are no longer dealing with this account. Vodafone has taken the account off them as my "complaint" can only be dealt with internally. Advisor was unable to tell me if this is because my complaint had in fact been upheld and the amount written off, but looks like a good sign I think.
    Last edited by Diasflac; 24 July 2013, 10:49.
    Tags: action, assets, bankrupt, bankruptcy, calls, cca, cca request, con, consumer, consumer credit act, contract, court, cra, credit, credit reference, creditor, creditors, dca, dca's, debt, debts, defaulted, defaults, failing, fee, finances, firm, free, iva, lenders, letter, mat, money, mortgages, ofcom, oft, on hold, owed, panic, pay, phone, phone calls, reference, removal, sar, security, solicitors, stamps, stop, template, ue diary, unfair, update, work
  • #2
    Re: Diasflac UE Diary
    • 3 Mobile (1 contract)
    • Date commenced - April 2012
    • Approx balance - £550 (DCA only claiming for £195 atm)
    • Date last paid - December 2012
    • Not Paying because their customer service is appalling.
    • Status - 5 months missed payments
    • Account owner - Creditlink Account Recovery Services (C.A.R.S)


    29.04.13 - Letter sent from C.A.R.S to call them ASAP
    29.04.13 - Called them and threatened with court summons in 7 days, told them they cannot take me to court for part of a balance.
    01.05.13 - Called after closing account and waiting for final bill from 3, told they cannot hold account and to make token payment, refused to pay anything.
    06.05.13 - Received letter stating I'd breached my non-existant agreed payment arrangement.
    06.05.13 - Called back and asked for proof in writing of such an agreement.
    11.05.13 - Received letter stating I'd breached the same non-existant payment arrangement.
    16.05.13 - SAR sent.
    22.05.13 - Received letter stating I'd breached a non-existant payment arrangement.
    24.05.13 - Letters sent - CCA Request/You know nothing of the debt/Breach of OFT regulations (letters stating things that are untrue)/Account in dispute letter sent.
    01.07.13 - Phone call from CARS - DCA Refusing to request information from their client and to request it from them myself. I said it's their job to do it, advisor said they will go ahead with further action as I'm being a problem "Customer".
    01.07.13 - Letter sent - Only communicate in writing.
    05.07.13 - Still receiving calls, voicemail left telling me to call them within 5 working days or my assets maybe seized.
    Last edited by Diasflac; 9 July 2013, 10:59.

    Comment

    • #3
      Re: Diasflac UE Diary
      • Talktalk
      • Date commenced - October 2012
      • Approx balance - £99.12
      • Date last paid - Never
      • Took out contract, had to move as soon as I got in, terminated in cool-off period but have to pay for installation of line.
      • Status - Nothing on any of the 3 CRA's
      • Account owner - S.R.J Debt Recoveries


      13.05.13 - Received letter stating account had been passed to Bryan Clarke Solicitors
      16.05.13 - Received letter from solicitors telling me I had to contact the DCA or they would recommend further recovery action.
      22.05.13 - Received letter from DCA stating they'd added £25 fees making the balance £124.12
      24.05.13 - CCA request sent (Not worth paying £10 for a SAR when debt is under £100 in my personal opinion)
      26.06.13 - Phone call from SRJ, didn't expect a call so I answered. Advisor said they've never received any letters from me despite all being sent recorded and signed for. Told him they had been signed for. Advisor told me I needed to send a copy of the signed tracking receipt (the one online). Told him I'm not responsible for his admin staff and proceed with litigation so I can make them look silly in court, as they've not dealt with a dispute. Advisor hung up.
      05.07.13 - Letter received from DCA asking me to send them a letter detailing the nature of my complaint... This is in response to the CCA request template.
      Last edited by Diasflac; 9 July 2013, 11:00. Reason: Updated.

      Comment

      • #4
        Re: Diasflac UE Diary

        talktalk are threatening you with solicitors over £95?! what a bunch of clowns!
        When Gold isn't enough, there is SA Gold! New to the forum and find the UE route a bit scary? Take a look at my diary here and judge for yourself. I am now saving the money each month that was making little difference to the balance and not a bit of difference to my credit file as a result of finding AAD.


        I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

        If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

        Comment

        • #5
          Re: Diasflac UE Diary

          Originally posted by missy View Post
          talktalk are threatening you with solicitors over £95?! what a bunch of clowns!
          I'm going to make it quite complicated for them hopefully, I cancelled the contract within the cooling off period so what they're charging me for is something I would have gotten for free had I kept the contract. Now ending a contract within the cooling off period usually nullifies the binding terms. So does section 14.1 of the contract where me cancelling the contract early means I have to pay installation fee's included in the contract apply? Possibly, but to further argue against it, I cancelled within the cooling off period before I saw the agreement because it was sent in the post, how could I be bound to an agreement I haven't even seen yet?

          I'll see how it goes, will probably have to pay it though, they only drilled a box onto a wall, I could have 'installed' the line myself, the line was already there.
          Last edited by Diasflac; 24 May 2013, 10:24. Reason: Grammar

          Comment

          • #6
            Re: Diasflac UE Diary

            Originally posted by Diasflac View Post
            I'm going to make it quite complicated for them hopefully, I cancelled the contract within the cooling off period so what they're charging me for is something I would have gotten for free had I kept the contract. Now ending a contract within the cooling off period usually nullifies the binding terms. So does section 14.1 of the contract where me cancelling the contract early means I have to pay installation fee's included in the contract apply? Possibly, but to further argue against it, I cancelled within the cooling off period before I saw the agreement because it was sent in the post, how could I be bound to an agreement I haven't even seen yet?

            I'll see how it goes, will probably have to pay it though, they only drilled a box onto a wall, I could have 'installed' the line myself, the line was already there.
            mate, i would guess nothing becomes of this. A £95 debt would cost more in stamps, letters and stuff. Madness. Good luck with the others (you wont be needing anything on this one i don't think!)
            When Gold isn't enough, there is SA Gold! New to the forum and find the UE route a bit scary? Take a look at my diary here and judge for yourself. I am now saving the money each month that was making little difference to the balance and not a bit of difference to my credit file as a result of finding AAD.


            I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

            If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

            Comment

            • #7
              Re: Diasflac UE Diary

              Why are you sending CCA requests for cell phone contracts, when they aren't covered under the Consumer Credit Act?

              SH

              Comment

              • #8
                Re: Diasflac UE Diary

                Originally posted by ScabHunter View Post
                Why are you sending CCA requests for cell phone contracts, when they aren't covered under the Consumer Credit Act?

                SH
                I'm glad you asked. They may not fall for this, but both these DCA's have come across pretty incompetent. The theory is they will still refer back to the creditor and I'll get an account on hold letter from them. If not, no big deal, I will be hitting 3 with the same unfair terms in contract letter I wrote I've sent to FPC. Delaying until June when Ofcom will announce they cannot charge early termination if someone leaves after a mid contract price increase is what I'm hoping to achieve.

                Comment

                • #9
                  Re: Diasflac UE Diary

                  Originally posted by Diasflac View Post
                  I'm not sure this is UE but it's a diary I'm starting today for moneys owed. .

                  . . . I'll give it a whirl, there's only a couple as most of my debt is in an IVA which was set up before I discovered this site unfortunately.
                  Unlike BR you are allowed to let your IVA fail if it makes sense to do that. I'm not suggesting you cancel it today but perhaps this is a good moment to look at your finances in a holistic way.

                  I've read your other thread and it seems that a lot of the debt in your IVA is thousands of pounds owed to eleven PDLs and there are some guys on here who are pretty good at seeing them off

                  http://forums.all-about-debt.co.uk/s...ad.php?t=10043
                  Last edited by PlanB; 29 May 2013, 10:13. Reason: added link :)

                  Comment

                  • #10
                    Re: Diasflac UE Diary

                    Originally posted by planB View Post
                    Unlike BR you are allowed to let your IVA fail if it makes sense to do that. I'm not suggesting you cancel it today but perhaps this is a good moment to look at your finances in a holistic way.

                    I've read your other thread and it seems that a lot of the debt in your IVA is thousands of pounds owed to eleven PDLs and there are some guys on here who are pretty good at seeing them off

                    http://forums.all-about-debt.co.uk/s...ad.php?t=10043
                    An IVA failing is only advisable if you want to be bankrupt, you can't have an IVA again for 6 years and the other debts could declare me bankrupt. It would also stop my credit file repairing as I've already been in the IVA a year

                    Comment

                    • #11
                      Re: Diasflac UE Diary

                      Originally posted by Diasflac View Post
                      An IVA failing is only advisable if you want to be bankrupt, you can't have an IVA again for 6 years and the other debts could declare me bankrupt. It would also stop my credit file repairing as I've already been in the IVA a year
                      You said on your IVA thread that BR might be an option you'd consider, and you noted that you would avoid the fee if any creditor went for it, but you doubted that would happen since you have no assets. I misunderstood that post to suggest you were considering BR since you have four more years to run on your IVA during which the bulk of your money will go to those eleven PDLs

                      I don't know how long an IVA stays on your credit file compared with BR, or how long your particular credit file would take to repair in your current situation.

                      Comment

                      • #12
                        Re: Diasflac UE Diary

                        Originally posted by planB View Post
                        You said on your IVA thread that BR might be an option you'd consider, and you noted that you would avoid the fee if any creditor went for it, but you doubted that would happen since you have no assets. I misunderstood that post to suggest you were considering BR since you have four more years to run on your IVA during which the bulk of your money will go to those eleven PDLs

                        I don't know how long an IVA stays on your credit file compared with BR, or how long your particular credit file would take to repair in your current situation.
                        An IVA goes on your file from the date of the creditor meeting, they run for about 5 years (mine is 6) but stay on your file for 6 years. So if you have a 5 year IVA, when it's completed it's only on your file for another year anyway. Since everything defaults when you go into an IVA, you should have a clean credit file 6 years after you first started the IVA.

                        I was considering bankruptcy with these additional debts, but if I did that I waste the year and odd of no further problems on my credit file with a bankruptcy for a further 6 years.

                        I would like my debts dead and buried but I would like a nice trouble free credit report ASAP. It's something I'm considering, but it depends on a few factors. I wouldn't just let an IVA fail for the sake of sticking it to the PDL's. From the £117.00 a month I pay they get about £0.20p each so they're getting it stuck to them either way.

                        I read up on costs recently. Debt Free Direct (The IVA company) take £1,250 as a set up fee then £250 per year as it runs. So thats £2,500, they recover this from the creditors who agree it to be taken out of the payments. I'm paying £8,424 over the 6 years. take £2,500 from that to is £5,924... Thats less than half my total debt. The biggest amounts get more paid to them. The PDL's are only getting between 30-50% of the amount I borrowed. They have had it stuck to them pretty well I think

                        Comment

                        • #13
                          Re: Diasflac UE Diary

                          Just a quick update... I haven't heard anything from any of these debts. No confirmations and all the letters and phone calls have stopped.

                          Comment

                          • #14
                            Re: Diasflac UE Diary

                            all good then, long may it continue

                            Comment

                            • #15
                              Re: Diasflac UE Diary

                              Isn't it great when the phone calls stop?
                              Let your smile change the world but don't let the world change your smile

                              I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

                              If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

                              Comment

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