JASSASBLUE - UE Diary

[jassasblue]

Re: JASSASBLUE - UE Diary

Hi All, I'm new on here, Niddy has already assisted me with 1 agreement (thanks). Current position, I am in a DMP with Stepchange and have been for 5 years, 6 more years to go. I think I've just sent them my last payment, they aren't happy with me! I stumbled across the CCA route and decided to progress it.

That's the lot for now, I'll keep you updated. It's early days for me. Stepchange have said they can no longer deal with me as I've initiated the CCA process. The DMP is up to date. I've decided to stop payments from now on, I'm nervous about the whole situation but I know I'm in very safe hands!

Account Owner Originally MBNA, now with Direct Legal Collections, credit file Hillesden Security & MBNA

• Type of account Credit Card
• Date commenced 18/01/2005
• Approx balance £2417.06
• Date last paid DMP 25/12/13
• Are you on arrangement or not paying DMP
• Status Default 30/06/2009

Letter Sent
Letter Received

03/01/14 CCA Letter Sent
11/01/14 Letter received from DLC Agreement requested from MBNA
03/02/14 Letter received from DLC, still waiting for agreement from MBNA, account on hold for further 21 days
22/02/14 Letter received from DLC, still waiting for agreement from MBNA, account on hold for further 21 days
19/03/14 Letter received from DLC, still waiting for agreement from MBNA, account on hold for further 21 days
14/04/14 Letter received from DLC, still waiting for agreement from MBNA, account on hold for further 21 days
01/05/14 Letter received from DLC, still waiting for agreement from MBNA, account on hold for further 21 days
11/09/14 Letter received from DLC with a copy of my agreement. Uploaded for Niddy
09/10/14 Letter received from DLC with affordability statement - ignored
11/11/14 Letter received from DLC offering 50% reduction to settle today - ignored
15/12/14 Letter received from DLC offering 50% reduction to settle - ignored
29/12/14 Niddy says UE, missing PT's sent
13/01/15 Letter from DLC - they haven't received any contact and the balance remains outstanding, They have instructed Mercantile Data Bureau Ltd, a subsidiary of Hillesden Securities Ltd to manage my account from the date of the letter - ignored until further correspondence received
29/01/15 - Letter from DLC, they write and confirm:

1. As the above account does not relate to a fixed term agreement the prescribed terms are not required to be on the face of the agreement.
2. Please refer to the terms and conditions of the agreement where you will find the relevant terms of your agreement.
3. Due to the above, the agreement complies with all regulations set out by the CCA 1974.
4. We are happy to rely o the documents previously provided in any future agreements.

We have provided you with a copy of the original executed agreement along with a true copy. This is more than sufficient to satisfy the CCA 1974 regulations. It is important to remember that the purpose of section 77/78 of the CCA 1974 is to provide information to customers, not to establish whether or not there was a properly executed agreement i the first place or to be used as a tool to withhold payment. Collection proceedings to progress.

11/02/15 Letter from Mercantile Data Bureau asking for immediate payment
14/02/15 SWID sent to MDB
16/03/15 Letter from DLC, assigned account to Ruthbridge to collect balance.
20/03/15 Letter from DLC, response to SWID, they have reviewed my account and find they have complied with CCA. Following query over prescribed terms in January they do not consider the account to be in dispute. They are happy to rely on the documentation in future proceedings

09/04/15 - Letter from Ruthbridge advising they have been passed the debt from DLC and asking for payment - ignored
18/04/15 - Letter from Ruthbridge offering a settlement of up to 50% subject to criteria, then later in the letter stating if I fail to contact them they will apply for a CCJ / Attachment of Earnings

What course of action do I take here? SWID or something else?

Thanks guys

[Never-In-Doubt]

Re: JASSASBLUE - UE Diary

when was the last CCA Request for this?

[jassasblue]

Re: JASSASBLUE - UE Diary

Hi Niddy, I've only ever sent the one CCA request and that was in January 2014. I think this is the one you said would be easy to fix (for them) after declaring it was UE as missing PT's.

[Never-In-Doubt]

Re: JASSASBLUE - UE Diary

Hi Niddy, I've only ever sent the one CCA request and that was in January 2014. I think this is the one you said would be easy to fix (for them) after declaring it was UE as missing PT's.

Hiya, well now it's time to send a new CCA - to the new DCA

Keep us updated.....

[jassasblue]

Re: JASSASBLUE - UE Diary

Account Owner Studio Catalogue

Type of account Catalogue
Date commenced 21/09/2004
Approx balance £1299.59
Date last paid DMP 25/12/2013
Are you on arrangement or not paying DMP
Status Arrangement on credit file

Letter Sent
Letter Received

03/01/14 CCA Letter Sent
15/01/14 Reconstituted agreement and statement of account received,
15/01/14 Email to Niddy for advice (signature electronic and definitely not mine!)

Niddy's reply:
It's unenforceable. Stop paying and send them the Missing PT's letter.

Template to send back -> http://www.all-about-debt.co.uk/old/index.php/template-letters/unenforceability/s2-receiving-letters/118-cca-query-missing-prescribed-terms

Now even though we know it's a fraudulent copy, at this stage we don't tell them. So obviously that's why we're sending the missing PT's template so as not to give away your ace card ie they sent a fake recon and faked your signature (fraud).

They won't win if they took you to court, put it that way

16/01/14 PT Letter sent
25/01/14 Reply from Studio, clever nonsense and asking for payment, emailed to Niddy to be sure UE, ignore was the reply - cheers pal!

08/02/14 Letter received - thanking me for my £1 payment 9th January (this was for my CCA request and they've applied it to my account!). Letter states they are to reapply interest and charges to my account as I haven't paid. For every letter they will make a charge

10/02/14 Copy of CCA letter issued and one liner asking to remove £1 as a payment off my account

19/02/14 2 Letters from Studio - 1 stating £12 default charge added for non payment and the other contains this: 'As confirmed in a recent court case (Carey v HSBC 2009) Section 78 of the CCA 1974 requires creditors to provide a reconstituted copy of the credit agreement. It further states that of a copy of the original agreement is not required to be provided'. Then later 'We would remind you that the original credit agreement was sent with your order when the account was opened in September 2004. Our customers are asked to sign both copies, returning one copy and to keep their copy in a safe place should they decide to choose repayment by credit terms instead of full payment. By taking advantage of paying the minimum payment every 28 days you are as such subject to the terms and conditions as stated within the credit agreement' and so it goes on....

07/03/14 Letter sent Creditor Refusal to accept UE status

13/03/14 Letter from Studio refusing to accept UE, chasing for payment
20/03/14 3 letters received today, 1 x default notice from DCS (Debt Collection & Security), 1 x notice of arrears with lots of extra charges, 1 x statement - all ignored
17/04/14 Letter from DCS, transfer to Moorcroft Debt Collection, more charges added - ignored until they contact
10/05/14 Letter from Akinika Debt Recovery, threatening, CCJ, Home Visit etc
21/05/14 Letter from Akinika Debt Recovery offering a substantial discount on my balance, must call now - ignored as sent the below letter
24/05/14 Letter sent to Akinika (Niddy special) as below
I write with reference to your letter dated 7 May 2014 and note the content within.

Last I heard Studio sold this to Moorcroft Debt Collection on 17th April; yet here you are trying to act all high and mighty less than only two weeks later? Tell you what, being Studio have instructed you to collect on this account you can be the ones who try again, by first sending a copy of the assignment notice from Studio giving you authority to deal with this matter because I was told only a couple of weeks ago that Moorcroft would be managing this account.

On a separate matter, your threats are totally unlawful and quite misleading as is the use of bold highlighted font, with the intention to scare. As a result of your quite unlawful tactics to scare a debtor, I feel I am left with no alternative but to report you to the Financial Conduct Authority because under the new FCA Consumer Credit Sourcebook regulations it is clear your behaviour and use of language in this one letter breaches no less than 11 separate elements of CONC. That in my view is pretty severe and I hope the FCA punish you accordingly.I write with reference to your letter dated 7 May 2014 and note the content within.

Last I heard Studio sold this to Moorcroft Debt Collection on 17th April; yet here you are trying to act all high and mighty less than only two weeks later? Tell you what, being Studio have instructed you to collect on this account you can be the ones who try again, by first sending a copy of the assignment notice from Studio giving you authority to deal with this matter because I was told only a couple of weeks ago that Moorcroft would be managing this account.

On a separate matter, your threats are totally unlawful and quite misleading as is the use of bold highlighted font, with the intention to scare. As a result of your quite unlawful tactics to scare a debtor, I feel I am left with no alternative but to report you to the Financial Conduct Authority because under the new FCA Consumer Credit Sourcebook regulations it is clear your behaviour and use of language in this one letter breaches no less than 11 separate elements of CONC. That in my view is pretty severe and I hope the FCA punish you accordingly.

05/06/14 Letter from Akinika acknowledging my complaint, account on hold while they investigate!
11/07/14 Letter from Akinika, they reject my letter of complaint, they can't comment about Moorcroft but confirm Studio instruct them to deal with this undisputed debt. 'Undisputed' ?? They can't produce my credit agreement, do I need to reply, they've sent an income / expenditure form before further action! - ignored
08/11/14 Letter from Wescot asking for payment - ignored
18/11/14 Letter from Wescot saying they've done address checks etc again requesting payment - ignored
28/11/14 Letter from Wescot offering 50% settlement offer of £671.80 - ignored
14/12/14 Letter from Wescott offering instalment plan - ignored
29/12/14 SWID sent to Wescot
15/01/15 - Letter from Wescot acknowledging SWID, they are to contact Studio - account on hold
09/02/15 Letter from Wescot, Studio have contacted them stating I was told in March 2014 they are no longer discussing this account with me as they have provided my Agreement (they fail tell Wescot they have forged a signature that isn't mine!!). Wescot state there is no dispute and collection to resume
23/01/15 Final UE General template sent

23/04/15 Letter from Wescot in response to above, they state I have to write to Studio direct with any complaint after consultation with their collection department. Do I reissue the same letter or take another course of action?

[Pixie]

Re: JASSASBLUE - UE Diary

I'd be tempted to ignore it and see what gets sent next. I suspect it might be something from a new dca.

[jassasblue]

Re: JASSASBLUE - UE Diary

Hi All, I'm new on here, Niddy has already assisted me with 1 agreement (thanks). Current position, I am in a DMP with Stepchange and have been for 5 years, 6 more years to go. I think I've just sent them my last payment, they aren't happy with me! I stumbled across the CCA route and decided to progress it.

That's the lot for now, I'll keep you updated. It's early days for me. Stepchange have said they can no longer deal with me as I've initiated the CCA process. The DMP is up to date. I've decided to stop payments from now on, I'm nervous about the whole situation but I know I'm in very safe hands!

Account Owner Originally MBNA, now with Direct Legal Collections, credit file Hillesden Security & MBNA

• Type of account Credit Card
• Date commenced 18/01/2005
• Approx balance £2417.06
• Date last paid DMP 25/12/13
• Are you on arrangement or not paying DMP
• Status Default 30/06/2009

Letter Sent
Letter Received

03/01/14 CCA Letter Sent
11/01/14 Letter received from DLC Agreement requested from MBNA
03/02/14 Letter received from DLC, still waiting for agreement from MBNA, account on hold for further 21 days
22/02/14 Letter received from DLC, still waiting for agreement from MBNA, account on hold for further 21 days
19/03/14 Letter received from DLC, still waiting for agreement from MBNA, account on hold for further 21 days
14/04/14 Letter received from DLC, still waiting for agreement from MBNA, account on hold for further 21 days
01/05/14 Letter received from DLC, still waiting for agreement from MBNA, account on hold for further 21 days
11/09/14 Letter received from DLC with a copy of my agreement. Uploaded for Niddy
09/10/14 Letter received from DLC with affordability statement - ignored
11/11/14 Letter received from DLC offering 50% reduction to settle today - ignored
15/12/14 Letter received from DLC offering 50% reduction to settle - ignored
29/12/14 Niddy says UE, missing PT's sent
13/01/15 Letter from DLC - they haven't received any contact and the balance remains outstanding, They have instructed Mercantile Data Bureau Ltd, a subsidiary of Hillesden Securities Ltd to manage my account from the date of the letter - ignored until further correspondence received
29/01/15 - Letter from DLC, they write and confirm:

1. As the above account does not relate to a fixed term agreement the prescribed terms are not required to be on the face of the agreement.
2. Please refer to the terms and conditions of the agreement where you will find the relevant terms of your agreement.
3. Due to the above, the agreement complies with all regulations set out by the CCA 1974.
4. We are happy to rely o the documents previously provided in any future agreements.

We have provided you with a copy of the original executed agreement along with a true copy. This is more than sufficient to satisfy the CCA 1974 regulations. It is important to remember that the purpose of section 77/78 of the CCA 1974 is to provide information to customers, not to establish whether or not there was a properly executed agreement i the first place or to be used as a tool to withhold payment. Collection proceedings to progress.

11/02/15 Letter from Mercantile Data Bureau asking for immediate payment
14/02/15 SWID sent to MDB
16/03/15 Letter from DLC, assigned account to Ruthbridge to collect balance.
20/03/15 Letter from DLC, response to SWID, they have reviewed my account and find they have complied with CCA. Following query over prescribed terms in January they do not consider the account to be in dispute. They are happy to rely on the documentation in future proceedings
09/04/15 - Letter from Ruthbridge advising they have been passed the debt from DLC and asking for payment - ignored
18/04/15 - Letter from Ruthbridge offering a settlement of up to 50% subject to criteria, then later in the letter stating if I fail to contact them they will apply for a CCJ / Attachment of Earnings
06/05/15 - CCA Request sent to Ruthbridge Ltd

Letter received from Ruthbridge, they are unable to provide any information on my account unless I confirm the following:

Name, DOB, Address and Post Code, and a contact tel number

Do I write back and confirm details (they have my full name and address!) and also I will state correspondence by post only?

[Undercover Elsa]

Re: JASSASBLUE - UE Diary

Could you scan that letter and post it on here (after removing all personal details/barcodes) Jassasblue?
There's no cause for them to ask for any further info from you, all they require is in the CCA Request. Cheeky beggars!

[Deepie]

Re: JASSASBLUE - UE Diary

I wouldn't be sending them my DOB ... they have your address .....

[jassasblue]

Re: JASSASBLUE - UE Diary



- - - Updated - - -

Could you scan that letter and post it on here (after removing all personal details/barcodes) Jassasblue?
There's no cause for them to ask for any further info from you, all they require is in the CCA Request. Cheeky beggars!

Thanks Elsa, I've scanned the letter as above.

[Enforcer]

Re: JASSASBLUE - UE Diary

They have contacted you, they must know who you are! Just write back asking them to comply with your CCA request, do NOT give them any information, bloody cheek!

[SaltnVinegar]

Re: JASSASBLUE - UE Diary

Hiya

Any more from those cheeky sods at Ruthbridge?!

Best
SnV

[jassasblue]

Re: JASSASBLUE - UE Diary

Hiya

Any more from those cheeky sods at Ruthbridge?!

Best
SnV

Not a dickie bird from anyone, I hardly get any letters these days, I've been on my UE journey since Dec 2013 and I can't believe I'm 19 months in already

[nanna58]

Re: JASSASBLUE - UE Diary

Hope it lasts yay xx

[jassasblue]

Re: JASSASBLUE - UE Diary

Account Owner Apex Credit Management, previously Egg

• Type of account Loan
• Date commenced 01/06/2005
• Approx balance £1821.38
• Date last paid DMP 25/12/2013
• Are you on arrangement or not paying DMP
• Status Default 17/07/2008

Letter Sent
Letter Received

03/01/14 CCA Letter sent
11/01/14 Letter from Apex, agreement requested from Egg
09/05/14 Agreement received from Apex, emailed to Niddy
11/05/14 Niddy says UE Terms and Conditions missing
24/05/14 Missing PTs letter sent to Apex
12/06/14 Letter from Apex in response to missing PTs - ignored! Re your Apex purchased portfolio, please be advised that the prescribed terms relates to the making of the agreement not the enforcement of the agreement. As you signed within the box that states "this is a credit agreement regulated by the Consumer Credit Act 1974. Sign it only if you want to be bound by its terms" you are liable for the outstanding balance and we will continue to pursue payment.
04/07/14 Letter from Apex asking me to ring and pay - ignored
16/07/14 Letter from Apex, disappointed I'm not responding to letters, asking me to call to make arrangement - ignored
23/07/14 Letter from Apex, profiling my account for litigation. If confirmed I am a homeowner or employed account to be passed to Legal Recovery Team
25/07/14 Template Letter Threat Received Litigation Forthcoming sent to Apex
07/08/14 Reply today from Apex regarding the template I sent above, why do they try to baffle you with lots of pages and quotes?! In a nutshell, they do not uphold my complaint. Egg have complied with my CCA request by sending reconstituted copy and they have previously advised that the prescribed terms relates to the making of the agreement and not the enforceability therefore I am liable to pay. They also state my dispute is with Egg and have provided me with their contact details. Account on hold for 21 days after which collection will recommence if I haven't been in touch to pay. Apex state they have bought my portfolio and have attached the letter from 2010 and issued another copy of my credit agreement!
01/12/14 - Letter from Apex - financial statement - ignored

17/08/15 Letter received from Cabot Financial, they have purchased the account from Apex Credit Management and request that I contact to make arrangements to pay, do I send a SWID?