milliesmadmoth UE diary

[milliesmadmoth]

I have transferred this as history from the old site.


HI Niddy,

I have followed you from money saving expert .......

I have had a Bank of Scotland credit card since 1993 which I have defaulted on in 2009 with a balance of £6500, I requested my CCA to which they sent a copy of my application form, I have sent the CCA Query letter advising this is unenforceable, still awaiting a response however I am being harassed by IQOR, they are being heavy handed on the phone I told them this was in dispute with BofS but they said I had to submit disputes to them as they had taken over the debt or they would take legal action, I hung up on them, how do I deal with them or do I send the template letter saying 'I DO NOT ACKNOWLEDGE ANY DEBT TO YOUR COMPANY OR ANY COMPANY YOU CLAIM TO REPRESENT' and request they send me the CCA

Any help would be appreciated.




You send this to IQQR: http://www.forum.bankruptcyandlivingwit ... 4462#p4462

And stop speaking to people on the phone - write ONLY! You need to read up on UE before proceeding, me thinks you may be getting slightly confused here......


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Thanks for this, I had been following the steps on Money Saving Expert, I sent the initial letters to BofS when they were chasing payment, during this time they then passed on to IQOR, I will send the above letter, do you know the address for IQOR as they have only sent me a text or called me, they have never sent me a letter.
Sorry this is all new to me - what is UE???


Hiya

Ok well technically IQOR have not done anything, if they have not written so do not send that template after all.... wait til they write to you! A text etc does not constitute harassment nor legal ownership of debt. If they call, simply say wrong number and hang up.

Their site is here: http://www.irmc.co.uk/ BUT it does not work properly, or their main site is here: http://www.iqor.com/ which does work ok! They call themselves iQor Recovery Services Ltd (in the UK)and their address/number is below for you:

33-34, Winckley Square, Preston, Lancashire PR1 3JJ - Tel: 01772 832188

UE = UnEnforceability!

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Hi Niddy

Thanks for your previous advice

On Monday i received a letter from IQOR and sent viewtopic.php?p=4462#p4462 they have also been leaving voice mails on my home number every day

I sent the following letter to BofS viewtopic.php?p=4436#p4436 which relates to being sent a copy application form.

Today i received the following response

'Thank you for you letter dated 2nd August 2010 regarding the credit agreement. I am sorry that you have found cause for complaint and i appreciate you taking the time to bring the matter to our attention.

You recently received a copy of our complaints leaflet which gives details of our commitment to resolve your complaint quickly and simply.

At the momen we are unable to trace the reconstituted version of the executed agreement and are therefore not in a position to provide a copy at this time. However, we did provide a copy fo the signed application form and current terms and conditions. We are satisfied the terms and conditions of the agreement were on the reverse of the application for, therefore you had sight of these details when you signed and accepted the terms.

The regulations define what is required of a "copy". Whilst regulation 3 provides "every copy" of an executed agreement...... shall be a true copy". Regulation 3(2) (b) provides that a copy can omit any signature box, signature or date of signature.

As we have been unable to provide the original terms and conditions we will not seek to enforce the agreement as defined by the case of McGiffick v RBS. However, even if an agreement is unenforceable, the contract still has legal effect and is not void, the lender is merely prevented from seeking an enforcement order from the court.

I note from your letter you were also disputing liability for this account but have given no basis for this dispute. As we have provided a copy of your signed agreement and you have not disputed the fact you had the benefit of the agreement, we do not see on what basis you are disputing liability. We will continue with our normal collections and credit reference reporting activities.

Please be advised that in view of the above i am unable to agree with your complaint.

Also enclosed was a copy of the application form and FOS details.'

What do I do next, any help would be greatly appreciated.

Thanks in advance.


Niddy once again thanks for your advice, I have today posted this letter to BofS recorded delivery.

Could you confirm if the BofS is able to place a 'Default' on my credit file as this account is unenforceable due to missing information in there part?

Or should I now move to the stage of requesting a copy of my credit file and following the 'Default Removal Letter Template' process.

Also is there anything else i should do with IQOR, should they now return this account to BoS as uncollectable?

send this back: http://www.forum.bankruptcyandlivingwit ... 4474#p4474

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Hiya

when you look at unenforceability you get a default - you cannot have it removed, you know this...? I always say it and make people aware that defaults will not be removed as the McGuffick case allows for them to be added, basically you're stuck with that! I'd not worry about a default - that is the last thing to worry about (it will be gone after 6yrs)..... when you chase UE I want people to get defaulted cos this means the lender will sell the debt to a Debt Collection Agency and if they push hard enough, it is easier to settle for like 10-20% of debt value.

make sense?


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Thanks for this Niddy so basically I sit tight for the next move of BofS.

This is the only thing I have defaulted on, I am being made redundant and would not have the cash to pay this off so this was my only option.

Will this default mean I will not be able to get any credit until the 6 years has passed or just not with BofS or any associated companies.


Yes the default will affect you, unfortunately - however if its your only debt then consider other options......

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Hi Niddy,

I have followed the above steps and today received the following letter from BofS

' I acknowledge receipt of your letter dated 20th August 2010.

I refer to my letter dated 18th August 2010 (posted above) and confirm that this represents the Bank's final response and regrettably having re-considered all aspects of your complaint there is nothing further i can add.

The Halifax will not enter into any further correspondance regarding this matter and as we have been unable to reach a mutual agreement, you could now refer your concerns to the FOS.'


I am still receiving daily calls although not speaking to them i am either hanging up or letting the answer machine pick it up from IQOR even after sending viewtopic.php?p=4462#p4462

Will i send to IQOR viewtopic.php?p=5765#p5765 and viewtopic.php?p=5769#p5769 as the letter they sent said it may need to send someone to my door and that is something i don't want

Your help is greatly appreciated.

Thanks in advance.





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oscar Post subject: Re: milliesmadmother UE diaryPosted: Sun Sep 05, 2010 4:36 pm

Global Moderator



Joined: Fri Aug 27, 2010 8:59 pm
Posts: 248 I would suggest this is the letter that you need MMM - viewtopic.php?p=2310#p2310

However, I could be wrong (I dont know what Niddy previously advised in full), but have a read, and am sure he will be along shortly yo confirm or not.

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milliesmadmother Post subject: Re: milliesmadmother UE diaryPosted: Sun Sep 05, 2010 4:43 pm

Newbie



Joined: Sun Sep 05, 2010 3:05 pm
Posts: 7
Location: Somewhere freezing ...... Hi,

I have already sent that letter to IQOR recorded delivery, i have not heard from them for around 2 weeks so maybe they now have it registered on my account ...........frightened to say that incase they start phoning again (

It was more the response from the BofS that i was wondering about, do i just sit and wait now.

I am being made redundant and just want to hopefully sort this out and make it go away ........





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oscar Post subject: Re: milliesmadmother UE diaryPosted: Sun Sep 05, 2010 4:50 pm

Global Moderator



Joined: Fri Aug 27, 2010 8:59 pm
Posts: 248 Well, HBOS have stated it is their "Final Response" so there is no point in writing to them again (on this matter) - your letter will more than likely get filed under B for bin.

There is also no point in taking this to FOS as they will not deal with this type of complaint.

Personally, at the moment, I would sit and wait. (And wait for Niddy later - he will be able to advise better than I - just didnt want you to think your post was being ignored)

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Never-In-Doubt Post subject: Re: milliesmadmother UE diaryPosted: Sun Sep 05, 2010 4:56 pm

Site Administrator



Joined: Tue Aug 24, 2010 8:29 pm
Posts: 6150
Location: Somewhere Secretly Secluded Hi MMM

I don't understand why you're pursuing the default - McGuffick meant that a lender will and can add a default as it is the true reflection of how you ran the account.

I really can't fathom what it is you want or need here? Are you going for UE or trying for default removal? I did tell you early on that if this was your only debt to pay it as you'd be defaulted.... you even quoted me on that above!

I think you're expecting the impossible, you know this process right? You claim UE, then you get a default and live with it. Point is what is better? Paying back £XXX's for years on end or walking away paying nothing? The default is there to stop you doing the same again a week later - so accept the default, or pay the debt - that is the only 2 choices you have.

Or am I missing something? Please confirm, cos I haven't read everything - cos I don't have the time right now. But what Oscar says is true, forget arguing this - walk away! Ignore HBOS!

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Never-in-Doubt (Niddy) is the Site & Forum Administrator.
If you need to contact me or have an issue that needs addressing, then please send me a Private Message.

E-Mail for Site Contact: Webby@all-about-DEBT.co.uk / E-Mail to send Agreements: never-in-doubt@live.co.uk

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Unenforceability wrote:
Section 127(1) of the CCA 1974 is subject to the restrictions imposed by s.127(3) & (4).
Those subsections set out the circumstances in which the court shall not make an order under s.65(1) of the Act.





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milliesmadmother Post subject: Re: milliesmadmother UE diaryPosted: Wed Dec 01, 2010 3:49 pm

Newbie



Joined: Sun Sep 05, 2010 3:05 pm
Posts: 7
Location: Somewhere freezing ...... Hi Niddy,

Having not heard anything from BofS or IQOR since i was last on the site, I have now received a letter from another debt collection agency Wescot Credit Services Ltd.


Letter info as follows:-

Wescot Credit Servicialist DEBT COLLECTION organisation. We have been instructed by our client to collect the outstanding balance £6922.86 on their behalf.

PAY NOW TO AVOID WESCOT TAKING FURTHER ACTION.


I have responded to this letter with a recorded delivery version of what i previously sent IQOR along with the stop phoning letter.

Could you let me know if i have been right in what i have done.

I am now unemployed and unable to pay this amount and not wanting anyone turning up at my door or phoning me.





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milliesmadmother Post subject: Re: milliesmadmother UE diaryPosted: Wed Dec 01, 2010 4:06 pm

Newbie



Joined: Sun Sep 05, 2010 3:05 pm
Posts: 7
Location: Somewhere freezing ...... Niddy,

I had lost you for a while i had not added the web address to my favourite and was still looking for bankrupt and dealing with it, thanks for the latest email you sent me, that allowed me to find you again )

I have submitted a message but it has not appeared yet.

Am i able the template letters or because i have not been in for a while they are blocked.

Thanks for everything





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Elsie52 Post subject: Re: milliesmadmother UE diaryPosted: Wed Dec 01, 2010 5:25 pm

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Joined: Sat Aug 28, 2010 5:38 am
Posts: 841
Location: up North You have to do a few more posts and then you will be able to access the templates.....just add a few more on here or on the general chat thread.

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email - elsie52@all-about-debt.co.uk




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Never-In-Doubt Post subject: Re: milliesmadmother UE diaryPosted: Fri Dec 03, 2010 7:39 pm

Site Administrator



Joined: Tue Aug 24, 2010 8:29 pm
Posts: 6150
Location: Somewhere Secretly Secluded milliesmadmother wrote:
Hi Niddy,

Having not heard anything from BofS or IQOR since i was last on the site, I have now received a letter from another debt collection agency Wescot Credit Services Ltd.


Letter info as follows:-

Wescot Credit Servicialist DEBT COLLECTION organisation. We have been instructed by our client to collect the outstanding balance £6922.86 on their behalf.

PAY NOW TO AVOID WESCOT TAKING FURTHER ACTION.


I have responded to this letter with a recorded delivery version of what i previously sent IQOR along with the stop phoning letter.

Could you let me know if i have been right in what i have done.

I am now unemployed and unable to pay this amount and not wanting anyone turning up at my door or phoning me.
Hiya

Yep - you've done the right thing. Keep us updated yea?

Glad you found us again......

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Never-in-Doubt (Niddy) is the Site & Forum Administrator.
If you need to contact me or have an issue that needs addressing, then please send me a Private Message.

E-Mail for Site Contact: Webby@all-about-DEBT.co.uk / E-Mail to send Agreements: never-in-doubt@live.co.uk

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Unenforceability wrote:
Section 127(1) of the CCA 1974 is subject to the restrictions imposed by s.127(3) & (4).
Those subsections set out the circumstances in which the court shall not make an order under s.65(1) of the Act.





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milliesmadmother Post subject: Re: milliesmadmother UE diaryPosted: Fri Dec 17, 2010 4:29 pm

Newbie



Joined: Sun Sep 05, 2010 3:05 pm
Posts: 7
Location: Somewhere freezing ...... Hi Niddy,

Another letter from Wescot today they have enclosed a copy of the credit card application form which is dated 02-Sep-1998 which i had already rejected from BoS as unenforceabile.

Since i sent my last letter my computer has crashed and is in computer heaven!! with all my copy letters which i have already sent :0(

I have been unable to find the templates on the website to allow me to respond.

Your help would be greatly appreciated. Thx MMM





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Never-In-Doubt Post subject: Re: milliesmadmother UE diaryPosted: Wed Dec 22, 2010 7:02 am

Site Administrator



Joined: Tue Aug 24, 2010 8:29 pm
Posts: 6150
Location: Somewhere Secretly Secluded milliesmadmother wrote:
Hi Niddy,

Another letter from Wescot today they have enclosed a copy of the credit card application form which is dated 02-Sep-1998 which i had already rejected from BoS as unenforceabile.

Since i sent my last letter my computer has crashed and is in computer heaven!! with all my copy letters which i have already sent :0(

I have been unable to find the templates on the website to allow me to respond.

Your help would be greatly appreciated. Thx MMM
Hiya

Templates are here: ---> viewtopic.php?f=65&t=641

You should respond with this template here: ---> viewtopic.php?p=1629#p1629



_________________

--------------------------------------------------------------------------------
Never-in-Doubt (Niddy) is the Site & Forum Administrator.
If you need to contact me or have an issue that needs addressing, then please send me a Private Message.

E-Mail for Site Contact: Webby@all-about-DEBT.co.uk / E-Mail to send Agreements: never-in-doubt@live.co.uk

--------------------------------------------------------------------------------


Unenforceability wrote:
Section 127(1) of the CCA 1974 is subject to the restrictions imposed by s.127(3) & (4).
Those subsections set out the circumstances in which the court shall not make an order under s.65(1) of the Act.





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milliesmadmother Post subject: Re: milliesmadmother UE diaryPosted: Wed Dec 22, 2010 10:56 am

Newbie



Joined: Sun Sep 05, 2010 3:05 pm
Posts: 7
Location: Somewhere freezing ...... Thanks for this Niddy

Have posted this letter to them recorded delivery.



Have a fabi christmas and new year





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Never-In-Doubt Post subject: Re: milliesmadmother UE diaryPosted: Wed Dec 22, 2010 11:37 am

Site Administrator



Joined: Tue Aug 24, 2010 8:29 pm
Posts: 6150
Location: Somewhere Secretly Secluded milliesmadmother wrote:
Thanks for this Niddy

Have posted this letter to them recorded delivery.



Have a fabi christmas and new year
Best of luck and likewise, have a great crimbo

[milliesmadmoth]

Re: milliesmadmother UE diary

After all my letters they have now passed it to another debt collection agency 'Robinson Way Ltd' who called me today advising that they have sent me a letter which i have not received! I did not confirm any information to them, just need to wait on the letter arriving.

Do they ever stop or will this be following me for ever??

[roomtobreathe]

Re: milliesmadmother UE diary

Do they ever stop or will this be following me for ever??

First year of UE - loads of letter and calls, DCA roundabout
Second year, slows down a lot
Third, Fourth and Fifth years - annual reminders
End of Sixth and final year - mad flurry at the eleventh hour as they realise statute barred is imminent!

Least that's what I'm sure someone wrote on this forum. And I certainly hope so as I think I'll be starting me journey soon enough!

[milliesmadmoth]

Re: milliesmadmother UE diary

Today I received this letter after sending Niddy's template to Wescot


'I refer to your letter regarding the above matter.

Your comments concerning this matter are noted, however, I can advise that the above account was passed to Wescot by our client in November 2010, and when we contacted you, we were acting in good faith on the information provided to us.

In the circumstances, our records have not been amended and the account has been closed and returned to our client. Accordingly, you should not receive any further correspondenance from Wescot in respect of this matter.

May I assure you, Wescot has not registered any debt against your name or address in respect of this matter and your credit status, therefore, remains unchanged by our actions.

Although, I apologise for any inconvenience this matter may have caused and hope that this concludes Westcot's involvement to your satisfaction, you will appreciate that we acted on information provided to us by our client. If you require any further assistance then please do not hesitate to contact me.'



Now Robinson Way Ltd are on the case I will now need to follow the same process with them ...........

[MrsD]

Re: milliesmadmother UE diary

it is a bit of a roundabout, so yes just send the sold in dispute letter and see what happens. Don't speak to anyone on the phone, its just unneeded hassle for you. Only send the sold in dispute letter when Robinson Way make contact by letter though.

Take care

[Never-In-Doubt]

Re: milliesmadmother UE diary

First year of UE - loads of letter and calls, DCA roundabout
Second year, slows down a lot
Third, Fourth and Fifth years - annual reminders
End of Sixth and final year - mad flurry at the eleventh hour as they realise statute barred is imminent!

Least that's what I'm sure someone wrote on this forum. And I certainly hope so as I think I'll be starting me journey soon enough!

Yep that's about right - it probably came from me!

[Never-In-Doubt]

Re: milliesmadmother UE diary

Now Robinson Way Ltd are on the case I will now need to follow the same process with them ...........

Nice one - result for Wescott, and as you correctly point out - now you do the same with Rob Way! It is a merry-go-round, either that or you pay them.... I know what most here would rather do...

[milliesmadmoth]

Re: milliesmadmother UE diary

Today i finally received my letter from Robinson Way Ltd dated 07/02/2011

' FORMAL DEMAND FOR PAYMENT

HBOS have authorised us to recover the full amount you owe £6,922.86.

This is a formal notice of intended court action. We may take action unless YOU PAY THE FULL AMOUNT YOU OWE WITHIN 10 DAYS OF THE DATE OF THIS LETTER.

If court action is taken and a court considers your failure to pay to be due to your refusal or neglect to pay, an order for repayment may be made. If you fail to pay in accordance with a court payment order the following may occur:

* A process for enforcement by court officers.
* An order for deductions from your earnings.
* An unpaid court order may make credi difficult to obtain.

This problem account will not go away or be forgotten - it makes sense to pay now. Call now to pay using your debit or credit card - or see the payment instructions overleaf. Payment MUST now be made to Robinson Way, not HBOS.

Yours faithfully

Collections Manager'



Should i just be sending the letter -- NEW Account sold - whilst in Default of CCA Request as they are threatening court action?

They also keep harassing me on the house phone and mobile although i am not answering it, should i send them -- Harassment by Telephone Template letter too.

[Never-In-Doubt]

Re: milliesmadmother UE diary

Today i finally received my letter from Robinson Way Ltd dated 07/02/2011

' FORMAL DEMAND FOR PAYMENT

Should i just be sending the letter -- NEW Account sold - whilst in Default of CCA Request as they are threatening court action?

They also keep harassing me on the house phone and mobile although i am not answering it, should i send them -- Harassment by Telephone Template letter too.

You ought to send this: ---> Threat by Lender/D.C.A - To commence litigation

As for the harassment, just hold fire on that right now - don't rock the boat too much!

[milliesmadmoth]

Re: milliesmadmother UE diary

You ought to send this: ---> Threat by Lender/D.C.A - To commence litigation

As for the harassment, just hold fire on that right now - don't rock the boat too much!

Thanks Niddy....... letter is on the way recorded delivery.

I will keep you updated with the process.

[milliesmadmoth]

Re: milliesmadmother UE diary

wooooohhhhhooooooo day 2 of no calls from Robinson Way Ltd.

Hopefully they have received the letter which I posted last Friday.

I will update you with there response soon.

[Never-In-Doubt]

Re: milliesmadmother UE diary

wooooohhhhhooooooo day 2 of no calls from Robinson Way Ltd.

Hopefully they have received the letter which I posted last Friday.

I will update you with there response soon.

Cheers for the update - long may it continue yea?

[milliesmadmoth]

Re: milliesmadmother UE diary

Sorry for the delay in posting my response from Robinson Way Ltd which they posted 21-Feb-11

'Following your request, we have today asked for a copy of the agreement/statement to verify that you are liable to pay the amount due.

Your account has been placed on temporary delay pending receipt of this documentation and we will contact you again in due course.

Thank you for your co-operation.

Yours faithfully

Collections Manager'

[MrsD]

Re: milliesmadmother UE diary

I would just wait and see if they actually produce anything!!! have a wee lie down, they could be sometime!

[Never-In-Doubt]

Re: milliesmadmother UE diary

I would just wait and see if they actually produce anything!!! have a wee lie down, they could be sometime!

Yep, I agree - just ignore it