clueless24 UE Diary

[helmsman]

Re: clueless24 UE Diary

Should I respond with anything please?

Hi,
Have had the same letter as you from these muppets, I will be ignoring until next letter, Lloyds must have given a sackfull to C S L. Your Lloyds diary is as full as mine.
Good Luck.

[Never-In-Doubt]

Re: clueless24 UE Diary

Normally I would not answer the phone but was expecting an important call so picked up, He was really aggresive and rude and this call has really upset me

Serious? Now after reading this you've made me unhappy, but more angry unhappy.

Ok, if this clown calls again just take the call and let him speak and then write down the content, we'll then go straight to MoJ and complain about him.....

But don't get upset, it's really not worth it.

[Never-In-Doubt]

Re: clueless24 UE Diary

I think I should ignore and await further correspondence? But do I detect a hint of sarcasm in their letter?

Just ignore - not worth stressing over

[clueless24]

Re: clueless24 UE Diary

Shop Direct Finance

Catalogue credit account
Commenced 2004?(correction 1994)
Bal £2182.16
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.

They have again supplied a copy of something I signed in 2005 (account was opened in 1994) Niddy deemed UE. Do I need to respond with anything please?

[mk_chatham]

Re: clueless24 UE Diary

They have again supplied a copy of something I signed in 2005 (account was opened in 1994) Niddy deemed UE. Do I need to respond with anything please?

I'd be inclined to ignore, file and forget for now, wait until Lowell Financial, their DCA, writes to you.

MK

[garlok]

Re: clueless24 UE Diary

yes I would be inclined to wait for more substantive threats from Lowells.

regards
Garlok

[clueless24]

Re: clueless24 UE Diary

Shop Direct Finance

Catalogue credit account
Commenced 2004?(correction 1994)
Bal £2182.16
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.

I'm guessing I should ignore for now?

[Never-In-Doubt]

Re: clueless24 UE Diary

I'm guessing I should ignore for now?

yep just ignore for now.....

[clueless24]

Re: clueless24 UE Diary

MBNA

Credit Card
Commenced 17-2-07
Bal £12,273.59
Last paid 5-3-10
Arrangement
£1 token monthly
Status Default
Acc owner MBNA

3-2-11 CCA request sent
7-2-11 Delivered
21-2-11 CCA received
25-2-11 E-mailed Niddy the CCA
26-2-11 NIDDY SAY UE WHOOO HOOO!!! sent CCA query copy doc supplied
25-3-11 Recieved letter from Allied International Credit they are reviewing my file with Collection & Litigation Dept to consider if further action is required. However a one off early settlement offer is available at a 50% discount on the balance o/s to be paid on or before the 31st March and neither we nor our client will pursue you further in regards to the above account.
23-3-11 Ignore letter above
18-6-11 Recieved letter today from MBNA dated 24-5-11 (I have kept the envelope) in response to my letter of the 26-2-11 as above ? copy doc supplied. Saying they have supplied a true copy under sec 78, goes on to confirm date and how account was opened tick box, on line etc. We are satisfied that the regulated credit agreement into which we entered satisfies all relevent legal and regulatory requirments. As such there is no need to seek an enforcement order in order to exercise our rights
20-6-11 Niddy advises to ignore and update when I hear from FOS re PPI mis-sold
24-6-11 Letter from FOS upholding claim for miss-selling of PPI. MBNA have agreed to make a poposed offer of settlement and will write within 8 weeks but will be following FOS general approach for mis-sold policy.
8-7-11 Letter from F.O.S advising that MBNA will aim to complete the payment within the next 8 weeks
11-7-11 Letter received from MBNA (dated 8-7-11) We are taking further action to recover your debt. Following previous correspondence, which confirmed the termination of your MBNA credit agreement, please note you are still required to repay your debt. We have decided that we will take the action of placing your debt with a DCA to collect on our behalf. We will pass all your details to Fredrickson Int.
11-7-11 Letter from Fredrickson Int (dated 11-7-11) Do not ignore immediate payment required, we have been instructed by MBNA who have passed this account to us for collection of the outstanding balance. You must contact us immediately.
11-7-11 I2D send Acc sold whilst in default.
29-7-11 Received letter from Fred Int. We have referred the matter to our client and will revert to you as soon as we are in receipt of instructions. In the meantime we confirm that we have placed the account on hold.
10-9-11 Letter re PPI reclaim advising that a cheque will be sent within next 28 days to settle claim. I bet they don't as account is in default, but it would be nice.
Cheque arrived today, am I doing anything legally wrong if I cash it, morally I should send it back to reduce the balance? Failing that does anyone need a sub?
18-11-11 Letter from Fred Int Account on hold for 28 days to give me time to contact our client send £1 for info etc.
17-12-11 Letter from Fred Int This debt must be paid within 7 days otherwise we will take immediate action, court fees of £190 and solicitors costs of £100 will be added to the debt. If a judgement or decree remains unsatisfied we may seek an enforcement or instruct a bailiff or sherrif officer to recover assets to discharge the o/s debt.
12-1-12 Letter from Fred Int we have referred the matter to our client and will revert to you as soon as we are in receipt of instructions, in the meantime we confirm that we have placed the account on hold.
24-1-12 Letters from MBNA and Arrow (notice of assignment) advising Fred Int will manage account and I should contact them asap to arrange repayment.

I think I should ignore and await further correspondence?

[garlok]

Re: clueless24 UE Diary

Hi clueless,

This formal Notice of Assignment. I would wait for the next communication to see what direction they are going in and then consider sending:-

>Account Sold whilst in Dispute

Followed shortly after by:-

>CCA Request

As they have now become the new owner, for the quid +post it costs it places them on the back foot. Whatever they now say they are now responsible for all the obligations and liabilities of the alleged agreement. They can wriggle and shout all they like but thats the position and me being me likes to inflict a little pain nback at them and make them work.

regards
Garlok

[clueless24]

Re: clueless24 UE Diary

Hi Garlock
Thank you for taking the time to respond, I understand the sending account sold in dispute letter to Arrow but as I have a copy of the CCA (Niddy says UE) supplied by MBNA would I need to request another one from Arrow? sorry for all the questions your help is much appreciated.

[Never-In-Doubt]

Re: clueless24 UE Diary

Hi Garlock
Thank you for taking the time to respond, I understand the sending account sold in dispute letter to Arrow but as I have a copy of the CCA (Niddy says UE) supplied by MBNA would I need to request another one from Arrow? sorry for all the questions your help is much appreciated.

Hiya

I think there is some confusion over this, if a dca or creditor sells the debt on by way of assignment, like the letter you received, then you do not need to resend a CCA.

There a lot of comments about this lately, basically just ignore it - see what they say next time they write.

Garlok is correct in what he says, assuming you have not had the CCA - as you have, and we're more than happy at the legal status of it - then pointless re-requesting another.

[clueless24]

Re: clueless24 UE Diary

Thank you Niddy, I shall await further correspondence.

[garlok]

Re: clueless24 UE Diary

Fraid I have to disagree with some of the above both from direct experience and the discussion that Paul has had on here concerning contact. I knwo what i would do.

regards
Garlok

[Never-In-Doubt]

Re: clueless24 UE Diary

Fraid I have to disagree with some of the above both from direct experience and the discussion that Paul has had on here concerning contact. I knwo what i would do.

regards
Garlok

Mate, if you read the comments from Pauls thread you'll see, not all is as simple as it first appears. I see Pauls argument, but also have stats from here and to be honest, if an account is already UE after having received the CCA then you do not under any circumstances reapply for it, as we all know they may be able to then come back with a proper recon thus changing an UE debt into an enforceable debt.

Imagine it, they send you a dodgy CCA, they then assign the debt and the new owner tries to take you to court but in the meantime they have fudged a recon, different in many ways to one you previously received.

Case won.

The reverse, you do a CCA and they respond with a recon. They assign the debt and you then do another CCA, they can either decline it (if you have already had one in the last year regardless whether they were the owner at the time or not) or they will supply a new recon that is correct. They then take action, you lose - why? Cos they had a "good" agreement to take with them to court. Oh, but you still have the previous dodgy copy - so what, they have remedied that breach with the new copy.

Obviously opinion varies on this but I am going to be cocky and say we've survived just fine for almost 4 years now (including MSE time) and thus I am confident the system I try and employ here does indeed work.

Paul, as a solicitor has to say what he does for more than one reason. However you have to remember an UE agreement means it cannot be enforced, so why send another CCA? Totally fruitless, you're actually giving them a chance to remedy a past error.

My views.