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  • clueless24
    replied
    Re: clueless24 UE Diary

    Originally posted by clueless24 View Post
    Barclaycard

    Credit Card
    Commenced 2007?
    Bal £2522.17
    Last paid 24-2-10
    Arrangement £1 monthly
    Status default
    Acc owner Barclaycard. Mercers writing

    3-2-11 CCA request sent
    4-2-11 Delivered
    9-2-11 Recieved ack of request dated 8-2-11 dealing with request
    18-2-11 Recieved formal demand for full payment from barclaycard
    26-2-11 12 + 2 days up on the 23-2-11 no CCA recieved
    4-3-11 Recieved letter from moorcroft make payment within 7 days or debt collector may call or may be passed to solicitor.
    5-3-11 send account in default of CCA letter as advised
    12-3-11 Recieved letter from Moorcroft advising account is on hold whilst they investigate with their client, will communicate their response upon receipt
    13-4-11 Received CCA will e-mail Niddy for checking please
    14-4-11 Niddy says UE Whoo Hoo!!! send CCA Query T&C Supplied
    23-4-11 Received letter from Barclaycard in response to my letter re T&C supplied. Saying they have complied quoting section 78, 61, 82 etc, based upon this information they do not consider the account to be in dispute and will continue to pursue the debt. This they say is their final response.
    28-4-11 Niddy say's ignore and update
    20-6-11 Letter recieved today dated 20-6-11(Salford to Suffolk by post impressive same day delivery service) from Robinson Way Ltd DCA, pay up or else, we may advise our client to start court action if a court considers your failure to pay to be due to neglect, an order for payment may be made etc etc. this debt will not go away or be forgotten no matter how much I may like that to happen. Call now to pay or agree a payment plan.
    20-6-11 Niddy says ignore
    30-6-11 Letter recieved from Robinson Way Ltd NOTE...IMMEDIATE ACTION REQUIRED This is a notice about your unpaid account we have been instructed to recover, call us without delay,please tell us if you cannot pay, if you fail to pay and neglect to deal with this account we may take further action.
    7-7-11 I2D advised send letter UE CCA recieved.
    13-7-11 Letter from Rob Way immediate action required. You have not paid the sum you owe. Until it is paid your account will not be closed, but may stay registered as an unpaid debt in your name. We urge you to settle your account now and clear this up once and for all. Ring today etc etc.
    13-7-11 I2D advised ignore
    18-7-11 Letter from Rob Way. We have noted the dispute will let you know outcome. In the meantime we will stop all collection activity for this account.
    19-8-11 Letter from Rob Way advising we are still awaiting a response from the client concerned, we have reminded them that this query is outstanding. We will let you know the outcome when we recieve the relevent details.
    24-9-11 Letter from Rob Way account returned to Original Creditor.
    29-10-11 Letter from Barclay Card advising that the account has been assigned and transferred to MKDP on the 18-10-11, this means that they now own the debt, please send your payment directly to them.
    9-3-12 Letter from MK Rapid Recoveries Further to our recent communication regarding transfer of ownership of your balance we have not received your offer of payment. Please call us to make payment arrangements, we will continue to contact you by phone or letter until we reach an agreement so we would advise you to contact us to resolve this matter.
    I2D send account sold in dispute
    19-3-12 Letter from MKRR. We have referred the matter to our client for further investigation. Account on hold.
    23-3-12 Letter from MKRR. You have failed to contact us to agree repayment of this debt call us immediately. Receiving incessant automated voice mails for me to contact them.
    Will send Telephone harassment template and await further correspondence.
    5-5-12 Letter from MKRR. Further to your recent communication with our Collections Department, please find enclosed a copy of your statements as requested. Contact us immediately to discuss repayment
    I2D p373 Ignore wait and see whats next.
    12-6-12 Letter from MKRR. Further to our recent communication regarding transfer of ownership of your balance, we have not received your offer of payment. We can offer an instalment arrangement call us now, we will still continue to contact you by phone or letter so we would advise you to resolve this matter.
    I2D send final response UE general template
    25-6-12 Letter from MKRR. Regardless of our attempts to contact you by letter and phone we have not heard from you. Our team are able to help you settle this account call now.
    I shall ignore for now.
    28-6-12 Letter from MKDP. Further to your recent correspondence in regards to your account we have raised your concerns with barclaycard and we have recieved the enclosed information. As verified in the enclosed information you are liable and we will continue with our collection activities. Unfortunately we have not recieved a copy of the credit agreement but this will be sent to you as soon as it is recieved from Barclaycard. Should you remain unhappy with my response refer to the FOS.
    P400 I2D see what they do next.
    12-7-12 Letter from MKDP. Thank you for your letter account on hold whilst we investigate.
    5-11-12 Letter from MKDP Account still on hold whilst we await paperwork from Barclays

    12-1-13 Letter from MKDP. Final response enclosing statements of account and copy of signed application form. You are liable and you must pay we will continue with our collection activity. CONTACT US NOW TO AVOID etc.
    13-1-13 Niddy checked paperwork and says UE ignore for now
    19-2-13 Letter from MKRR Further to our letter offering you help to clear this balance we have not recieved your offer of payment. Contact us immediately to avoid further action.
    Any thoughts on how, or if I should respond please?

    Leave a comment:


  • ScabHunter
    replied
    Re: clueless24 UE Diary

    Originally posted by clueless24 View Post
    I think this is in response to Account Sold in Dispute letter I sent on the 11-1-13, should I respond with anything, your help as always is much appreciated.
    This is exactly the same situation as the one from earlier in the day on Sos Ad's thread. I'd just send exactly the same letter as I wrote for that one. Just make sure the dates are right, and change the text within the quotes to exactly what is on the letter you've received.

    allaboutFORUMS - View Single Post - Starting out

    SH

    Leave a comment:


  • clueless24
    replied
    Re: clueless24 UE Diary

    Originally posted by clueless24 View Post
    Lloyds TSB

    Credit Card
    Commenced approx 2006
    Approx balance £8,674.23
    Date last paid in full 1-3-10 (token £1 03/10 until 09/2010)
    Arrangement £1 per month ceased 09/2010
    Status Default
    Owner Lloyds TSB


    3-2-11 Sent CCA request
    4-2-11 Delivered
    18-2-11 Recieved CCA
    24-2-11 E-mailed Niddy the CCA
    26-2-11 NIDDY SAYS UE WHOOO HOO!!!! Have sent CCA query copy doc supplied letter

    12-3-11 Recieved response from LTSB have recieved my complaint and have sent it to Brighton Card Customer relations dept, may take 4 weeks to respond..

    9-4-11 Letter from SCM Solicitors I am required to pay balance in full within 7 days from the date of the letter (6-4-11) to avoid court proceedings being issued against me. Call them to arrange amicable agreement to pay off debt without the need to instigate etc etc.
    10-4-11 Send Threat by lender/DCA to commence litigation letter, will send special delivery as advised

    12-5-11 Received letter from SCM enclosing another CCA with some additional paperwork. In response to my letter of the 10-4-11 as above Will e-mail Niddy for advise
    16-5-11 Niddy advises sending Enough is Enough letter

    30-5-11 Recieved response from SCM Solicitors to enough is enough template. Say's please find enclosed a re-constituted credit agreement together with 2 amendments to the T&C. Please forward your repayment proposals to this office for consideration.
    20-6-11 Niddy says in breach ignore for time being

    22-7-11 Letter from Rob Way. Our client has authorised us to recover the full amount you owe, please pay the full amount you owe without delay or call us directly to agree an affordable payment plan. We may advise our client to start court action etc.
    Ignore for now

    1-8-11 Letter recieved today dated 1-8-11 from Rob Way. SECURITY TELEMESSAGE Recent actions on your account are giving cause for concern please contact us immediately. Please do not delay
    I2D ignore for now

    12-8-11 Letter received from Rob Way IMMEDIATE ACTION REQUIRED This is notice about your unpaid account which our client has instructed us to recover.ACT NOW call us without delay, if you fail to pay and neglect to deal with this account further action may be taken.
    13-8-11 Niddy says send Final Responce UE

    10-9-11 Letter from LTSB advising they have have complied with CCA and will not correspond further regarding the provision of copy agreements. We have enclosed with this letter a copy of the reconstituted version of your executed agreement and a signed statement of your account. We have satified under section 78 etc. There is no requirment under the CCA to provide you with a copy of the original signed agreement, but not withstanding that fact enclosed a copy of the front page of the original agreement proving your signature the PT would have been validly incorporated into the agreement on the reverse of the enclosed sheet or a seperate sheet. Goes on to quote Ray Watson and debt is enforceable pay up.
    10-9-11 I2D says ignore for now.

    19-9-11 Letter from Rob Way.
    We refer to your recent letter in which you claim this account is not enforceable. We are satisfied that the documentation provided is sufficient to demonstarate liability and we will not enter into repetetive correspondence regarding this.
    Your data will continue to be processed in line with the principles of the DPA 1998 and the account will continue to be reported to CRA's where appropriate. If you neglect to make payment to us, further action may be taken against you.We require your payment proposals within 14 days.
    19-9-11 Niddy says ignore for now

    29-9-11 Letter from Rob Way immediate action required, until it is paid your account will not be closed but may stay registered as an unpaid debt in your name. We urge you to settle your account now and clear this up once and for all. Ring us today.
    I2D ignore for now

    12-10-11 2 letters today 1 from Rob Way dated 10/10/11 IMMEDIATE ACTION REQUIRED NOTICE OF INTENDED LEGAL ACTION. Your account is still unpaid in spite of previous letters and calls and may now be passed to our solicitor for legal action to be taken. You have 10 days to pay.
    1 letter from Lloyds TSB dated 7-10-11 If you do not pay off the full amount outstanding we will allocate your payment to the outstanding balance in specific order. Since no interest or charges are being applied to your account, your payment will be used to pay off your outstanding balance. it lists 2 payments £1.00 on the 15-10-10 & £4.00 on the 9-11-10. I was going into hospital and paid £4 for the next 4 months. I had an arrangement of £1pm (ceased payments in Nov 2010) Goes on to say if I have a problem with my aggrement please try to settle it with them first.
    12-10-11 I2D says ignore the one from Lloyds send Threat by creditor to commence litigation to Rob Way.

    24-10-11 Letter from Rob Way We refer to your letter in which I claim this account is UE, they are satisfied they have provided docs to demonstrate liability and will not enter into repetitive correspondence. We require your payment proposals within 14 days or else!!!!
    P277 Swanfan says ignore for now.

    12-11-11 Letter from Horwich Farrelly we may advise our client to commence court action against you as a result of your failure to settle this account. Even at this late stage you can avoid court action by making a payment to us or by making a proposal that you can afford.
    If I wish to make a proposal please set out a simple statement of your means and any circumstances you wish us to consider. Any queries please call us or our client Robinson Way.
    P290 I2D ignore for now

    9-12-11 Letter from Credit Security Ltd, Debt Enforcement Office, The Old Courthouse, Whitchurch. We have been instructed by our client to recover the o/s debt. Unless there is a valid reason for non payment settlement is required within 7 days.
    Garlock. send account sold in dispute

    24-12-11 Letter from Credit Security Ltd. We acknowledge receipt of your template letter dated the 9/12/11 and would advise you that sending one letter dated 6/12/11 does not amount to continual harassment. In order that we may request a copy Credit Agreement we would appreciate receiving a payment for the sum of £1 payable to LTSB. When repling will you kindly provide full details of your dispute and reason for non payment in order that this matter be resolved without further delay.
    Niddy. ignore for now

    20-6-12 (p389) Letter from Lloyds. As we haven't been able to agree a suitable repayment plan we've transfered your Lloyds TSB debt to debt collection agency MOORCROFT group plc. We've instructed Moorcroft to arrange collection of the outstanding amount. please call Moorcroft now to pay.
    I2D p390 agrees with my thinking and will ignore for now

    25-6-12 Letter from Moorcroft. It is a legal requirement to send a notice of intended litigation before legal proceedings in the county court are issued. We believe that this letter fulfils this requirment even if it is not actually read by you.Payment should be submitted in full within 7 days or contact made with this office immediately. Both our client and we do not wish to take this action but if agreement cannot be reached by the 27/6/12 a claim may be issued by solicitors instructed to act on behalf of our client without further notice. We would draw to your attention that if judgement and an order for repayment in full is obtained and remains unpaid, a range of court enforcement options are available to our client and an application for one of these may be considered. Call us today.
    p396 Send Threat by creditor to commence actions
    27-6-12 Sent Telephone Harrassment letter to Moorcroft

    3-7-12 Letter from Moorcroft. Account on hold whilst they refer to their client

    6-7-12 Letter from Moorcroft Compliance Department. Quite a long and what would seem quite a personalised letter regarding the two letters I sent as above on the 25-6 & 27-6-12. First part asks me to prove that I have asked them not to contact me by phone. Second part confirms that account is on hold and even if they havn't complied with the CCA doesnt mean I don't owe it and refer me to a recent OFT press release 'Consumers warned on 'unenforcable debt' claims'. Then quotes S77,78,79 of the CCA1974.
    With the above in mind we would ask that you provide specific details of any reason why you believe you are not liable for this debt. Account will remain on hold and this will remain the position to allow you the opportunity to respond to this letter, our request for specific information regarding your liability and for us to revert back to you with our clients response. If not happy FOS leaflet enclosed.
    p407 I2D send Final response UE CCA received.
    12-7-12 Letter from Lloyds TSB in response to letter sent 25-6-12 to Moorcroft. Sorry you had to complain, We have provided you with a copy that complies with the requirements of the CCA 1974 and the Consumer credit (cancellation notice and copies of documents) regulations 1983, SI 1983/1557 (the regulations). We do not have to produce an actual copy of the document signed the purpose is to allow debtors access to their terms and conditions of their CA and providing the debtor with a true copy of the t&c of the agreement we have complied with s78, blah, blah, blah. Turning to your allegations of harassment it is the banks obligation as a responsible lender to advise customers as soon as reasonable that they are in arrears. The bank will give no undertaking not to contact you to ask for payment particularly as your alleged dispute is unfounded. Then quotes Carey. This is our final response you can now go to the FOS.
    2-8-12 Letter from Moorcroft account on hold whilst we refer to our client.

    1-9-12 Letter from Moorcroft. Our client has instructed us to continue to assist in the recovery of this account. Not aware of any dispute, TSB have complied with CCA enclosed a copy of TSB response from 9-7-12. Set up a payment arrangement asap, I&E forms enclosed, Should you believe you are not liable for this account please provide us with specific reasons without this we can't help you and account becomes live again. Account on hold for 14 days till I respond.
    p432 I shall ignore for now


    22-9-12 Letter from Moorcroft. You have not responded to our previous correspondence you now have 28 days to respond if you do not we shall close our file and return the account to Lloyds

    5-11-12 Letter from Lloyds we are changing how we pay things (if you have any ppi we will pay it to your account to clear debt first)

    3-1-13 Text from IQor asking me to contact them urgently on an important business matter. Ignored

    9-1-13 Letter from LTSB we have transferred your account to a DCA IQor to arrange collection of the outstanding amount. Contact them asap to arrange repayment. I shall ignore for now and await contact from Iqor.

    11-1-13 Letter from IQor. Your debt has been passed to us for collection. Resolve immediately or we may commence legal action in the county court. We may also instruct a doorstep collector to visit your home.
    p459 Account sold in dispute letter sent.

    23-1-13 Letter from Iqor. Further to your request under the CCA 1974 sec77/78 for a copy of your original agreement we note that we have not recieved the £1 fee and for that reason we have not progressed your request further. Should you wish to continue with this request, please forward us the prescribed fee of £1 and your request in writing.
    I think this is in response to Account Sold in Dispute letter I sent on the 11-1-13, should I respond with anything, your help as always is much appreciated.

    Leave a comment:


  • stuffthebanks
    replied
    Re: clueless24 UE Diary


    Another kick up the backside for Shop Direct and Lowell's.....
    Loving it....

    Well done to you and for the support given from others to get you to this point

    Leave a comment:


  • greymatter
    replied
    Re: clueless24 UE Diary

    Great news well done

    Leave a comment:


  • Undercover Elsa
    replied
    Re: clueless24 UE Diary

    Awww that's wonderful hun! They don't like it up 'em do they!!

    Hope things are improving for you all xxxxx

    Leave a comment:


  • cardiac arrest
    replied
    Re: clueless24 UE Diary

    Brilliant....well done

    Leave a comment:


  • Still Waving
    replied
    Re: clueless24 UE Diary

    Every little victory adds up. Well done.

    Leave a comment:


  • MrsD
    replied
    Re: clueless24 UE Diary

    good one Clueless

    do you want your name changed to "Clued Up"

    Leave a comment:


  • Never-In-Doubt
    replied
    Re: clueless24 UE Diary

    Originally posted by clueless24 View Post
    Good news for a change WHOO HOO!!!!!! Just want to say a massive thank you to everyone that has helped me through this particular problem but especially to Niddy and In2Deep who have held my hand throughout. One less account to stress and worry about. Many many thanks guys
    Awesome

    Leave a comment:


  • Enforcer
    replied
    Re: clueless24 UE Diary

    Congratulations, good result!

    Leave a comment:


  • Deepie
    replied
    Re: clueless24 UE Diary

    Originally posted by clueless24 View Post
    Good news for a change WHOO HOO!!!!!! Just want to say a massive thank you to everyone that has helped me through this particular problem but especially to Niddy and In2Deep who have held my hand throughout. One less account to stress and worry about. Many many thanks guys
    Excellent news well done you

    Leave a comment:


  • clueless24
    replied
    Re: clueless24 UE Diary

    Originally posted by clueless24 View Post
    Shop Direct Finance

    Catalogue credit account
    Commenced 2004?(correction 1994)
    Bal £1700.00
    Last paid 25-1-10
    No arrangement but sending £1 token payment monthly
    Acc Owner Shop Direct Finance/ NDR writing

    3-2-11 CCA request sent
    4-2-11 Delivered
    17-2-11 £1 chq cashed
    26-2-11 12 + 2 days up on the 23-2-11 No CCA recieved
    28-2-11 CCA recieved E-MAILED NIDDY
    4-3-11 NIDDY SAYS UE WHOO HOO!!! sent final response recorded delivery
    25-3-11 Recieved letter from NDR Notice of payment arrangements £1 per month for a further 12 months.
    6-4-11 Letter fron SDG entitled Request to cancel credit agreement and saying they have satisfied my request in accordance with consumer credit act 1974 and I must continue to pay.
    6-4-11 Will ignore as advised
    13-4-11 Received monthly statement along with the monthly default notice and notification of £12 missed minimum payment fee added to the account.
    10-5-11 Received letter from NDR (dated 3-5-11)Notice of default on your agreed arrangement, I have failed to maintain my payments as agreed. 14 days to pay £1 or will result in a Statutory Default Notice being issued which will request full payment.
    Will ignore as advised
    12-5-11 Recieved 2 default notices one for each account one is fixed account for something I bought on a buy now pay later deal before I got into difficulties and the other is a running account (dated 6-5-11) served under section 87(1) of the Consumer Act 1974 To remedy the breach I should pay the total arrears before 3-6-11
    26-5-11 I have pm'd Niddy for further advise on the DN's recieved will await his advise
    5-6-11 Recieved monthly statement and notice of default sums added to the account
    6-6-11 E mailed Niddy D/F notices to offer further advice
    24-6-11 Recieved letter (dated 21-6-11) from SDF giving notice of the assignment of the debt to Lowells on the 6-6-11 any further communications and payments must now be made to Lowells. In the same envelope was a letter from Lowells telling me they now own the debt confirming they bought it on the 6-6-11, goes on that before they selling the account to them SD have checked their records and can find no record of why this should remain unpaid. I must call to pay or they may take court action and send someone to visit me at home
    24-6-11 Ignore and wait till they come back to me
    8-7-11 Letter from Lowell Financial saying that You were informed recently that your Kays account was sold to Lowells Portfolio because there was an O/S debt that you have not repaid and unless you paid it, it would be sent to us at Lowell Financial the debt collection unit. We can help, what happens if you do not pay, call us.
    8-7-11 I2D ignore for now
    19-7-11 Several voice text messages on a daily basis over the last couple of weeks asking me to call Lowells
    19-7-11 Sent Harrassment by Telephone letter 1.
    22-7-11 Have today recieved an email from Lowells advising pay up or else.
    Continuing phone calls
    29-7-11 Letter received from Lowells. We have still not recieved payment from you, nor is there a repayment plan in place to repay this account. This debt is not going to go away and ignoring the problem could make things worse for me. in an attempt to demonstrate how flexible we are willing to be we would like to offer you a monthly repayment plan, so you no longer have to worry and stop further action, such as litigation. We suggest a monthly plan of £30 per month.
    29-7-11 Send Final Response UE
    4-8-11 Letter from Lowells re final response UE letter and phone harassment letter. They have acted within guidelines but confirm my number has been removed from thier files. We must advise you that this appears to be the first letter that we have received from you in relation to this account. The o/s balance was sold to lowells on the 16-6-11 as shop direct were unable to collect. Confirms the account was opened on 24-7-94 and last payment 5-11-10. We have contacted the original creditor for a copy of my agreement and account statements, which will serve as documentary evidence of my liability for this debt, we have placed the account on hold while we await this information. Please be advised that, as legal owners of this debt, we are in a position to liase with shop direct on your behalf in order to resolve any issues that you may have. We therefore ask that you forward us further details as to the nature of your dispute then we can communicate with shop direct.
    11-8-11 Letter from Lowells advising that they are still awaiting receipt of this information and apologise for the delay. Please note however that we have not recieved a formal request from me under the CCA or the £1 fee, we can therefore advise that we are under no legal obligation to send the information you have requested within a certain time period.We do not hold copies of statements or agreements within our office we cannot state a time period in which these will be recieved. We can advise that your account will remain on hold while we await this information. You will continue to receive updates.
    23-8-11 Letter from Lowells we write in respect of above debt which as previously notified we have purchased from SD. We are now entitled to recieve payment of the balance £1708.42 from you and enclose a copy of your statement as requested. Neither shop direct nor ourselves are aware of any reason for non payment. Pay up within 7 days or we may instruct our solicitor.
    23-8-11 I2D say's ignore for now
    8-9-11 Letter from Lowells enclosing CCA from 2005 (account opened in 1994) Niddy already advised UE . Make payment or contact us within 7 days to agree payment proposals, we reserve right to instruct solicitors to issue legal proceedings against you without further notice.
    8-9-11 Sent UE general template
    16-9-11 Letter from Lowells We Regret to note that despite previous correspondence regarding your account, we have not received payment or a valid reason for non payment.
    23-9-11 letter from Lowells account on hold while they contact OC
    7-11-11 Letter from Lowells we are entitled to collect they know of no reason why this should not be paid, contact within 7 days to arrange payment proposals or may instruct solicitor to issue legal preceedings against me without further notice. Also enclosed CCA dated 15/1/05 Niddy says UE (account opened 1994)
    Niddy says send Threat by creditor to commence legal action.
    17-11-11 Letter from Lowells, we regret to note that despite previous correspondence we have not received payment. Failure to respond may result in further action. Call our advisors to prevent action being taken.
    17-11-11 Pixie Ignore for now.
    25-11-11 Letter fron Lowells in response to Threat by creditor to commence action, says account on hold whilst they investigate, SDG have complied with CCA and they have provided a recon which they are allowed to do they have asked for copies from SDG and will be in touch.
    10-12-11 Incessant phone calls from Lowells (despite their letter of the 4-8-11 confirming my number had been removed from their records) sent telephone harassment letter.
    12-1-12 Letter from Lowells Portfolio thank you for your enquiry regarding this account which we referred back to the original creditor. After noting your comments Shop Direct have forwarded to us a reconstituted copy of your agreement as previously provided to you and as promised in our letter of the 21-11-11. copy attached. we trust this now resolves your query and look forward to hearing from you within the next 14 days to discuss repayment, after this time your account will be transferred to our debt collection agent Lowell Financial who will contact you regarding payment.
    Ignore for now
    24-1-12 Letter from Lowells we wrote to you recently with the answer to a query you raised on your account, we hope this now resolves things and you are in a position to discuss repayment of this debt. Offers payment plan 1 £30 pm or plan 2 £50pm please phone us to arrange payment.
    Niddy says ignore for now
    8-2-12 Letter from Lowells. We wrote and offered payment options your account remains unpaid. What happens next. As we have answered your query and offered affordable repayment plans we can only assume you are unwilling to repay the money you owe and have had the benefit of. We are now therefore going to obtain a copy of your credit file from Experian and use the information within it to help us decide what course of action to take next. your credit file will highlight things such as whether you have a mortgage and if you are repaying your other commitments on time, we may even obtain your work details if you are currently working. Dependant on what we see will determine what action we take. Our options will be either to use the Court, or use a door step agent who will arrange to visit you and discuss repayments face to face. if we use the courts extra fees will be added, call now to set up repayment.
    Sent final response UE
    27-2-12 Letter from Lowell. having reviewed your account we can confirm that SDG have previously provided us with a reconstituted copy of your credit agreement a copy of which was sent to you on the 5/1/12 SDG have confirmed that you would have signed this prior to the granting of credit to you.Under section 77/78 of the CCA of 1974 we are not obliged to send you an exact copy of your signed agreement.We are required by those sections of the CCA 1974 to provide you with a recon copy of the version you would have signed. You have confirmed as much in your latest correspondence.
    We can confirm we have satisfied our obligation to provide you with information relating to this debt.

    As you are disputing this point we would require you to provide us with a copy of the documents sent to you in relation to your CCA request under s77/78 so that we may review them. In the event that you are unable to do this we would advise that we have nothing further to add which may be considered constructive. We have placed your account on hold for 28 days whilst you comply with our request, at which point collection activity will resume.
    P356/357 I2D Ignore for now.
    22-3-12 Letter from Lowells You still have an unpaid balance we can offer you a great deal, 1. pay 75% as F&F. 2. Pay 85% in 3 instalments. 3. Agree a repayment plan of £60 a month by dd. If you do not make an arrangement to repay what you owe further action may be taken against you, this may include Court action. Call us now.
    I2D Ignore letter for now and send Telephone Harrassment threat of legal action.
    17-4-12 Letter from Lowells. Account on hold whilst we investigate your complaint.
    28-4-12 Letter from Lowells in response to telephone harrassment template, we have investigated and have now removed number from thier dialling system, sincere apologies they have now dealt with the complaint and will close the complaint unless I wish to refer to the FOS I have until the 6th June.
    30-5-12 Annual statement of account recieived from Lowell

    14-6-12 Letter from Lowells. We have tried on numerous occasions to help you find a way to repay what you owe and in previous correspondence we would have told you we would send your account to Red Collection Services. They will assess your account, your credit file, and your financial commitments with a view of making recommendations to recover the outstanding balance which could include legal action or issuing a statutory demand which if remains unpaid could result in us petittioning the court for your bankruptcy, if the amount you owe is more than £750.
    This is the last time Lowell will write to you before passing it to Red Debt CS, you outstanding balance is not going to go away.Pay us now.
    P388 Ignore for now and wait to hear from Red.
    27-6-12 Letter from Red. We are collecting on behalf of Lowell pay us now or else legal action,ccj, bailiff, bankruptcy etc.
    P398 Send Account sold in dispute
    12-7-12 Letter from Lowells. We have reviewed your account and can confirm that SDG have provided you with a recon CCA in Jan 2012. As you are disputing this point we would require you to provide us with a copy of the documents sent to you in relation to your CCA request under s77/78 so that we may review them. We have nothing further to add. We have placed your account on hold for 28 days.
    I shall ignore for now.
    10-8-12 Letter from Lowells. We have replied to your query you should now start paying, if you are unable to please contact us to arrange payment plan.
    p422 See what they send next.
    23-8-12 Letter from Lowells You have ignored us no repayment plan we assume you are unwilling to repay we will now obtain a copy of your credit file to decide our next step, Court, doorstep collection, we may obtain your work details, send an agent to discuss face to face. If you want to avoid this happeneing speak to us imminently.
    6-9-12 Letter from Lowell. We said we would obtain your credit file and we have, we will be shortly assessing this information and sending your account to either; an agent who will arrange a time to visit you to discuss payment face to face, the Court, where we will proceed with court action, or a process server who will serve you with a petition for your insolvency, dependant on if your account meets insolvency criteria. This is your last chance pay us 50p a day. If you have not set up a repayment plan within 21 days from the date of this letter WE WILL COMMENCE ACTION AGAINST YOU.
    5-11-12 Account on hold whilst we investigate

    16-1-13 Letter from Lowells. We have decided as a gesture of goodwill to write off this debt however we do not accept liability.
    Good news for a change WHOO HOO!!!!!! Just want to say a massive thank you to everyone that has helped me through this particular problem but especially to Niddy and In2Deep who have held my hand throughout. One less account to stress and worry about. Many many thanks guys

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  • Undercover Elsa
    replied
    Re: clueless24 UE Diary

    Hi Clueless
    If it was me I'd just send them something on the following lines..

    RE: Account Number xxxx
    Your Ref xxxx
    Dear Sirs,
    I am in receipt of your letter of xxxx in which you enclosed a copy of an application form dated 2002 bearing a different address (if it does*) and a completely different account number and (most importantly) inception date to the account you state you are currently pursuing.
    Clearly Barclaycard are in error and the application form supplied is not relevant to my formal request under s77-79 of the Consumer Credit Act 1974 for the account number in question, therefore my request remains outstanding.

    Consequently I would be most grateful if you would place this account on hold while you refer back to your client and ask that they correct this error and comply fully and properly with this request.

    yours faithfully....

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  • ScabHunter
    replied
    Re: clueless24 UE Diary

    Originally posted by clueless24 View Post
    Just not sure, what, if anything, I need to respond with.
    It will need to be a bespoke letter, as this situation is not common enough to have its own template. Just point out the facts to them, and they will have nowhere to hide.

    Let us know if you have any difficulty composing the letter.

    SH

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